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03-11-04 Agenda RegCity of Delray Beach Regular Commission Meeting Thursday, March 11, 2004 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Del~ay Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 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. Generany, remarks by an individual will be Hmited 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 aids and services to afford an inchvidual with a disal~tlity an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. ROLL C_~ ! .!., INVOCATION. PLEDGE OF/~!.!-EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: February 17, 2004 - Reg~lur Meeting · February 24, 2004 - Special Meeting · February 27, 2004 - Special Meeting PROCLAMATIONS: · Recognizing American Red Cross Month - March 2004 PRESENTATIONS: A. 15th Annual Del-Aire/Delray Citizens for Delray Police - Charities Golf Tournament to benefit Delray Beach Fire Rescue and Police Departments - Perry DonFrancisco B. Recognition and Presentation of Employee Recognition Bonus' to Environmental Services, Water Treatment Plant Employees for developing an alternative cost effective water treatment process CONSENT AGENDA: City Manager Recommends Approval. COMBINED PRELIMINARY/FINAL BOUNDARY PLAT APPROVAL/ TENTH STREET COMMER(;E PARK PLAT II: Approve the boundary plat for the Tenth Street Commerce Park Plat II, a 12-bay mixed industrial and commercial development, located on the south side of S.W. l0® Street, approximately 480 feet west of S.W. l0th Avenue. RESOLUTION NO. 18-04: Approve Resolution No. 18-04 assessing costs for abatement action required to remove nuisances on six (6) properties throughout the City. GRANTING OF UTILITY EASEMENT DEED/FLORIDA POWER AND LIGHT: Approve a utility easement granting to Florida Power and Light the means to install/maintain an underground power line on City owned property as a result of the construction of the parking garage and library. RESOLUTION NO. 16-04: Consider approval of Resolution No. 16-04 authorizing the City to transfer and exchange certain real property with the Florida Inland Navigational District (FIND) and the Delray Harbor Club. 03-11-2004 RESOLUTION NO. 19-04: Approve Resolution No. 19-04 supporting legislation authorizing the installation of traffic infraction detection devices at intersections. OUIET TITLE/COUNTY PARCELS: Consider authorization to Quiet Title for six (6) of the seven (7) parcels acquired from Palm Beach County. AMENDMENT NO. 1/PLAYERS INTERNATIONAL MANAGEMENT. INC. (PIM) AGREEMENT: Consider approval of Amendment No. 1 to the Players International Management, Inc. 0aiM) Agreement providing for a change in the name of the event and clarification of programs, concessions, and advertising requirements. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of a funding agreement in the amount of $15,625.00 with sub-recipient Delray Beach Housing Authority for SEEDTECH Technology under the Weed & Seed program for FY 2003-2004. Funding is available from 115-2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid). CHANGE ORDER NO. 2/FINAL PAYMENT/MORA ENGINEERING CONTRACTORS. INC.: Approve Change Order No. 2 in the amount of a $4,081.14 decrease, and final payment in the amount of $14,267.78 to Mora Engineering Contractors, Inc. for the Reclaimed Water Main Construction, High School Site Project. Funding is available from 441-5181-536-65.96 (Water & Sewer/Reclaimed Water Transmission). HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $16,091.25 to Craftsman Plus, Inc. (322 S.W. 1st Avenue), $24,638.25 to Sun Band Builders (402 S.W. 15th Avenue), and $20,921.25 to Henry L. Haywood (323 N.W. 4~" Avenue). Funding is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant). SPECIAL EVENT REOUEST/6~ ANNUAL GARLIC FESTIVAL: Approve a special event request for the 6~h Annual Garlic Festival to be held November 12-14, 2004, granting a temporary use permit per LDR Section 2.4.6(H) for use of City rights- of-way (N.E. 1s~ Avenue from Atlantic Avenue to N.E. 1st Street and N.E. 2nd Avenue from the alley just north of Atlantic Avenue to N.E. 1st Street on November 11~h at 6:00 a.m.), and the north side of City Hall parking lot; granting a waiver per LDR Section 4.6.70D)(3)0)(ii) to allow signs and banners to be placed more than one week prior to the event, staff assistance as outlined in the attached letter; contingent upon sponsor providing a certificate of insurance, liquor liability insurance, and a hold harmless agreement. 03-11-2004 SPECIAL EVENT REOUEST/SCHOOL SHOWCASE OF THE ARTS/SOUTH FLORIDA PARENTING BLOCK PARTY: Approve a special event request to allow the School Showcase of the Arts - South Florida Parenting Block Party sponsored by the Delray Beach Education Board and South Florida Parenting to be held on the grounds of Old School Square on April 24 and 25, 2004 from 10:00 a.m. until 5:00 p.m.; granting a waiver per LDR Section 4.6.7(D)(3)(j)(ii) to allow event signage to be put up more than one week prior to the event and to authorize staff support for security and traffic control, trash removal, EMS services, and barricading. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 16, 2004 through March 5, 2004. AWARD OF BIDS AND CONTRACTS: Purchase award to Selectron Technologies, Inc. in the amount of $50,400.00 and Sungard HTE, Inc. in the amount of $8,050.00 for a total amount of $58,450.00 for the purchase of an Interactive Voice Response System, including software, hardware, and installation. Funding is available from 334-6111-519- 66.10 (General Construction Fund/Software), 334-6111-519-64.11 (General Construction Fund/Computer Equipment) and 001-2721-524-66.10 (General Fund/Software). Purchase award to Fisher Scientific Company in the amount of $44,420.95 via the Broward Co-op Bid for thirty-five 05) sets of replacement fire fighting personal protective clothing. Funding is available from 001-2311-522-52.22, 001-2313-522.52.22, and 001-2315-526.52.22 (Uniforms/Linen). Purchase award to Biosite, Inc. in the amount of $47,500.00 for ten (10) portable cardiac enzyme detection devices known as the Triage Cardiac System. Funding is available from 001-2315-526-64.90 (Fire Operations/Other Equipment). Various I~xd awards in the amount of $313,474.00 via the Florida Sheriffs' Association and State of Florida Contracts for the replacement of City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). Bid award to Tanner Industries at an estimated annual cost of $18,550.00 via the City of Boynton Beach Co-op Bid ¢¢035-2821-04/CJD for the purchase of anhydrous ammonia. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). Contract award to Almazan Brothers, Inc. in the amount of $143,508.00 for the Alley at Ocean City Lumber Block 84 Water Main and Drainage and D'mie Highway/S.E. l0th Street Drainage Improvement Project. Funding is available from 442-5178-536-63.50 (Water Main Upgrades) and 448-5461-538-65.77 (Old Dixie Highway). 03-11-2004 RESOLUTION NO. 21-04: Approve Resolution No. 21-04 supporting the nomination of the City of De[ray Beach for the Florida League of Cities Florida City of Excellence Award. RESOLUTION NO. 22-04: Approve Resolution No. 22-04 supporting the nomination of Mayor Jeff Perlman for the Florida League of Cities Mayor of the Year Award. RESOLUTION NO. 23-04; Approve Resolution No. 23-04 supporting the nomination of David T. Harden for the Florida League of Cities City Manager of the Year Award. RESOLUTION NO. 24-04: Approve Resolution No. 24-04 supporting the nomination of Lula Butler for the Florida League of Cities City Employee of the Year Award. RESOLUTION NO. 25-04: Approve Resolution No. 25-04 supporting the nomination of David T. Harden for the International City Managers' Association (ICMA) Award for Career Excellence. REGULAR AGENDA: APPEAL OF ADMINISTRATIVE INTERPRETATION/HOTEL VISTA DEL MAR: Consider an appeal of an admimstrative interpretation relating to the Hotel Vista Del Mar Project, located at 64 South Ocean Boulevard. (Quasi-Judicial He--g) CONDITIONAL USE REOUEST/VILLAS IN THE GROVE: Consider a request for conditional use approval to allow for a density in excess of 30 units per acre and to allow for building height up to 60 feet in the Central Business District (CBD), for the Villas in the Grove, a proposed mixed-use development, located at the northeast comer of N.E. 1s' Street and N.E. 2"~ Avenue (approximately 2.1 acres). (Quasi- Judicial Hearing) RECONSIDERATION OF REOUEST TO REDUCE LIENS/ADM PROPERTIES, L.L.C BUYERS INVESTMENT GROUP LIMITED. INC.: Reconsideration of a request from Mr. Jim Drosakis, Director of Real Estate Operations for ADM Properties, L.L.C. Buyers Investment Group Limited, Inc. to waive hens totaling $8,302.61 assessed for abating nuisances on two (2) vacant lots located within the second Block of S.W. 11e' Avenue. Staff recommends a partial waiver and accepting payment of the City's actual out-of-pocket costs, $2,914.49, by ADM Properties, L.L.C. Buyers Investment Group Limited, Inc. with conditions. 03-11-2004 REOUEST TO REDUCE LIENS/ADM PROPERTIES. L,L,(; BUYERS INVESTMENT GROUP LIMITED. INC.: Consider a request from Nh'. Jim Drosakis, Director of Real Estate Operations for ADM Properties, L.L.C. Buyers Investment Group Limited, Inc. to waive the liens totaling $8,077.01 assessed for abating nuisances and demolition of an unsafe structure on property located at 304 S.W. 7th Street. Staff recommends a partial waiver and that the remaining lien of $4,039.74, the City's out-of-pocket costs, be paid by ADM Properties, L.L.C. Buyers Investment Group IAmited, Inc. PARKING LICENSE AGREEMENTS: Consider approval of proposed modifications to the parking license agreements. RESOLUTION NO, 13-04; Consider approval of Resolution No. 13-04 providing for the transfer of real property to the Delray Beach Community Redevelopment Agency to be utilized for the Renaissance Housing Program. RESOLUTION NO, 15-04; Consider approval of Resolution No. 15-04 amending Resolution No. 64-03, FY 2004 Budget Adoption, transferring $1,721,226.00 from the General Fund (Prior Year Surplus) to the General Construction Fund. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD (SCRWTDB) RENEWAL AND REPLACEMENT RESERVE ACCOUNT; Discuss the difference in balances in the SCRWTDB Renewal and Replacement Reserve between the City of Dekay Beach and Boynton Beach. PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT: Discuss the proposed financial assistance agreement with the Palm Beach County Board of County Commissioners for roadside beautification improvements to Lake Ida Road. ENGINEERING CONSULTING A{~;REEMENTS; Consider approval of seven (7) Engineering Consultant Agreements between the City and Mathews Consulting, Inc.; Hazen & Sawyer, PC; CH2M Hill; Lawson, Noble & Webb, Inc.; Kimley-Hom & Associates, Inc.; Keith & Schnars, P.A.; and McMahon & Associates for engineering consulting services. REOUEST FOR PERMIT/WAITER SERVI(~E/DELRAY BEA{~,H MUNICIPAL BEACH: Discuss a request for a permit to allow "Waiter Services" on the Municipal Beach. DAVIS CUP TIE: Consider approval of an agreement with the United States Tennis Association (USTA) for the 2004 Davis Cup Tie to be held April 9-11, 2004. GOLF CART USE/PUBLIC HIGHWAYS: Discuss the use of golf carts on public highways. REGULATION OF SOLICITORS AND PEDDLERS: Discuss the proposed draft ordinance regarding the regulation of solicitors and Peddlers. 03-11-20tM 10. PROPOSAL FOR SETTLEMENT IN CORAL TRACE v. CITY OF DELRAY BEACH: Consider a Settlement in Coral Trace v. City of Delray Beach and authorize the City Attorney's Office to review and file all documents required to conform to the settlement. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appcfmt one (1) member to the Planning and Zoning Board for an unexpired term ending August 31, 2005. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat ~5). APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two (2) regular members to the Nuisance Abatement Board for a two year term ending March 31, 2006. Based upon the rotation system, the appointtnents will be made by Commissioner Costin (Seat #1) and Commissioner Archer (Seat #2). PUBLIC HEARINGS: ORDINANCE NO. 13-04 (SECOND READING/SECOND PUBLIC HEARING); An ordinance mending Land Development Regulations proposing a four month moratorium on Adult Arcade Establishments. (Qnasi-JudiciaIHeating) ORDINANCE NO. 18-04: An ordinance amending Chapter 33, "Police and Fire Departments", Section 33.62, "Benefit Amounts and Eligibility", providing an enhanced multiplier benefit option for the Police and Fire Pension Plan. ORDINANCE NO. 17-04: An ordinance amending Chapter 33, "Police and Fire Departments", Pensions, Section 33.60, "Definitions", clarifying the definition of earnings to include certain educational supplemental incentive payments and to exclude certification and other payments. ORDINANCE NO, 16-04; An ordinance amending Chapter 35, "Employees Policies and Benefits", Section 35.097, "Retirement Income; Basis Amount and Payment", to provide additional optional forms of benefit. ORDINANCE NO, 19'04; An ordinance amending Chapter 36, "Finance; City Property Transactions", Section 36.11, "Definitions", to provide for definitions regarding design-build contracts and enacting a new Section 36.16 "Design Build Contracts". ORDINANCE NO. 15-04 (FIRST READING/FIRST PUBLIC HEARING); An ordinance amending Land Development Regulations (LDR) Chapter 4, "Zoning Regulations", Section 4.3.3(1), "Community Residential Home and Group Homes" in order to correct an inconsistency created from recent LDR changes regarding the terminology of residential and non-residential alcohol and drug abuse treatment facilities. If passed, a second public hearing will be scheduled for April 13, 2004. 03-11-2004 - 7 = 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: · NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: MARCH 5, 2004 FROM THE 03-11-2004 FEBRUARY 17~ 2004 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 17, 2004. 1. Roll call showed: Present- Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk 2. The opening prayer was delivered by Reverend Richard Evans with Abbey Delray South. given. The Pledge of Allegiance to the flag of the United States of America was AGENDA APPROVAL. Ms. McCarthy requested that Item 8.E., Communi .ty Development Block Grant (CDBG) Sub-Recipient Funding Agreement be moved to the Regular Agenda as Item 9.I. In addition, Ms. McCarthy requested that Item 8.G., Service Authorization No. 19fMathews Consulting~ Inc. be moved to the Regular Agenda as Item 9.J. Mr. Costin moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mr. Levinson moved to approve the Minutes of the Regular Meeting of February 3, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. Mr. Costin moved to approve the Minutes of the Special Meeting of February 10, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: 6oAo Recognizing Black History Month - February 2004 Mayor Perlman read and presented a proclamation hereby proclaiming the month of February 2004 as Black History Month. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. PRESENTATIONS: 7oAo Model of New Library - John Callahan III John Callahan III, Director of the Delray Beach Public Library, unveiled the model of the new library which will be located on West Atlantic Avenue. Brief discussion followed between Mr. Callahan and the Commission. Mr. Callahan stated construction is scheduled to begin April 2004 and will take approximately one year; and, an additional 2-3 months to get the equipment and furniture in place. Mr. Callahan stated the model is currently on display in the library and is being taken to different meetings. Mr. Callahan stated at some point the model will be brought back to City Hall for display. CONSENT AGENDA: City Manager Recommends Approval. 8.A. COMBINED PRELIMINARY/FINAL SUBDIVISION PLAT APPROVAL/BEXLEY PARK: Approve the subdivision plat for Bexley Park, a 264 unit residential development, located north of Lake Ida Road, between Military Trail and Barwick Road. 8.B. ACCEPTANCE OF EASEMENT DEED/ENDRES OFFICE BUILDING: Approve and accept an easement deed from Jude A. Endres for the maintenance ora sidewalk, located at 137 N.W. 1st Avenue. $.C. RESOLUTION NO. ll-04/TRANSFER OF PROPERTY: Approve Resolution No. 11-04 which transfers property located just southeast of Salina Avenue and Atlantic Avenue to Boston's Inc. to continue to be utilized for parking. The caption of Resolution No. 11-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, -2- 02/17/04 AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED IN THE VICINITY OF THE INTERSECTION OF ATLANTIC AVENUE AND A-I-A, AS MORE PARTICULARLY DESCRIBED HEREIN, TO BOSTON'S, INC. TO BE UTILIZED FOR PARKING PURPOSES. (The official copy of Resolution No. 11-04 is on file in the City Clerk's office.) 8.D. CONTRACT ADDITION/AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC.: Approve contract addition to the Well Rehabilitation and Replacement Project in the amount of $40,000.00 to Aquifer Maintenance and Performance Systems, Inc. for additional production well rehabilitation services due to unexpected well/pump failures. Funding is available from 442-5178-536- 61.82 (Well Rehabilitation/Replacement). 8.go THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.I. 8.F.~:. EXTENSION/PARKING LICENSE AGREEMENTS: extension to the current parking license agreements through April 30, 2004. 8.G. Approve an THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.J. 8.H. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve Housing Rehabilitation grant/contract awards through Community Development Division in the amount of $21,939.75 to South Florida Construction (820 S.W. 5th Avenue) and $22,863.75 to South Florida Construction (241 N.W. 7th Avenue). Funding is available from 118-1924-554-49.19 (Community Development/SHIP Grant/Housing Rehabilitation). 8.I__. PURCHASE ORDER INCREASE/FERRIC CHLORIDE: Approve an increase of $12,000.00 to blanket purchase order #615040 to cover payments for Ferric Chloride delivery for November and December, 2003. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). 8.J~ PURCHASE ORDER INCREASE/POOL HEATER: Approve an increase of $16,406.60 to purchase order #617399 for an additional pool heater to be installed at Pompey Park Pool. Funding is available from 334-6112-519-46.10 (General Construction Fund/Building Maintenance). REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 2, 2004 through February 13, 2004. -3- 02/! 7/04 8.L. AWARD OF BIDS AND CONTRACTS: Purchase award to Duval Ford in the amount of $33,545.00 via the Florida Association of Counties Bid #25 for the purchase of one (1) 2004 Ford F550 Crew Cab and Chassis Community Service Vehicle to provide improved deployment capability for equipment and supplies needed to assist residents following fires and other destructive incidents. Funding is available from 001-2315-526- 64.20 (General Fund/Automotive) and 115-0000-248-64.00 (Special Projects Fund/Fire Rescue). Purchase award to Vermeer Southeast Sales & Service, Inc. in the amount of $26,800.00 for the purchase of a TS44A Tree Spade for the Parks and Recreation Department. Funding is available from 119-4144-572-64.90 (Beautification Trust Fund/Machinery/Equipment). Purchase award to Mike Davidson Ford in the amount of $16,479.00 via the Florida Sheriff's Association Contract, Florida Association of Counties Contract, and Florida Fire Chief's Association Contract #03-11-0825, Specification #14 for the purchase of a 2004 Ford E-150 Club Wagon for the Fire Department. Funding is available from 001-2315-526-64.20 (General Fund/Automotive). Purchase award to Hector Turf in the amount of $38,424.97 via the General Service Administration (GSA) Contract #GS-07F-8722D for the purchase of two (2) Toro Greensmaster 3100 Tractor Units for the Municipal Golf Course. Funding is available from 446- 4761-572-64.90 (Lakeview Golf Course Fund/Other Machinery/Equipment) and 445-4761-572-64.90 (Municipal Golf Course Fund/Other Machinery/Equipment). Contract award to Engineered Environments, Inc. in the amount of $104,704.00 for the Lifeguard Towers Phase II project. Funding is available fi'om 334-6112-519-62.14 (General Construction Fund/Lifeguard Towers) and 115-0000-248-80.00 (Special Projects Fund). Contract award to Randolph and Dewdney Construction, Inc. in the amount of $80,596.45 for construction of a cemetery restroom/storage building at the Municipal Cemetery. Funding is available from 334-6111-519-62.10 (General Construction Fund/Buildings). 8.M. RESOLUTION NO. 14-04: Approve Resolution No. 14-04 opposing the proposed constitutional amendment which requires referenda for adoption and amendment of local government Comprehensive Land Use Plans. -4- 02/17/04 The caption of Resolution No. 14-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING THE PROPOSED AMENDMENT TO FLORIDA'S CONSTITUTION KNOWN AS THE FLORIDA HOMETOWN DEMOCRACY CONSTITUTIONAL AMENDMENT; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 14-04 is on file in the City Clerk's office.) Prior to the roll call, Mr. Levinson stated with regard to Bexley Park, the City originally asked for a ten acre park and the developer is now deeding back 11.5 acres in park space to the City of Delray Beach. Mr. Costin moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Peflman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. MACARTHUR FOUNDATION GRANT/REVISED BUDGET: Consider approval of the revised consulting contract between the City and JEG & Associates, revised budget, tasks, and the implementation strategy and authorize submission to the MacArthur Foundation. Lula Butler, Director of Community Improvement, stated staff recommends approval of the revised budget, tasks, and consultant contract with JEG & Associates consistent with the direction from the Commission during the month of December 2003. Mayor Perlman stated he is very pleased expanding the representation to the homeowners groups. Mrs. Archer moved to approve the revised consultant contract between the City and JEG & Associates, revised budget, tasks, and the implementation strategy and authorize submission to the MacArthur Foundation Grant, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. -5- 02/17/04 9.B. RATIFICATION OF THE SISTER CITIES BOARD OF DIRECTORS FOR 2004: Consider approval and ratification of the proposed slate of Directors for the Sister Cities Committee for 2004. Mr. Levinson moved to approve the ratification of the Sister Cities Board of Directors for 2004 with the exception of John Bennett, (due to a lack of a second, Mayor Perlman passed the gavel to Vice Mayor Levinson) seconded by Mr. Peflman. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - No; Vice Mayor Levinson - Yes; Ms. McCarthy - No; Mr. Perlman - Yes. Said motion passed with a 3 to 2 vote, Mrs. Archer and Ms. McCarthy dissenting. 9.C. PARKING MANAGEMENT ADVISORY BOARD (PMAB): Consider approval of a modification to the Parking Management Advisory Board (PMAB) by-laws regarding achieving a quorum. Paul Dorling, Director of Planning and Zoning, stated the by-laws of the Parking Management Advisory Board define a quorum as 50% + 1 of the filled positions of the Board. The Board, having 11 filled positions requires the attendance of seven (7) members to achieve a quorum. Mr. Dorling stated the proposal is to amend the number of members to six (6). Ms. McCarthy suggested having alternate members for this Board and Mr. Dorling stated staff will schedule this for the next meeting for discussion. Mayor Perlman inquired as to how the Commission should proceed if they choose to add an alternate member to the Parking Management Advisory Board. The City Attorney stated staff would have to amend the by-laws and create a Resolution. Mr. Levinson moved to approve the modification to the Parking Management Advisory Board by-laws, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.D. DAVIS CUP TIE: Discuss hosting the 2004 Davis Cup Tie to be held April 9-11, 2004. The City Manager stated staff believes this is a very competitive proposal and hopes to receive some funding from Palm Beach County in addition to selling sponsorships to offset the cost of it. The City Manager stated the proposal would need to be submitted as soon as possible. Mr. Levinson moved to proceed with submitting the proposal, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. -6- 02/17/04 9.E. REQUEST FOR FINANCIAL SUPPORT/S.D. SPADY ADVANCED CHORUS: Consider a request for financial support to send the S.D. Spady Advanced Chorus to New York to perform at Carnegie Hall. Since it is so early in the year, the Commission concurred it would be a good idea to keep some money in reserve for future allocations. After brief discussion, the Commission agreed to donate no more than $2,500 in the event other organizations submit requests throughout the year as well. Mr. Costin moved to approve donating $2,500 towards the funding to send the S.D. Spady Advanced Chorus to New York to perform at Carnegie Hall, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.F. PURCHASE AWARD/C.K.'S SECURITY SYSTEM: Consider approval of a purchase award to C.K.'s Security System in the amount of $44,188.00 for security upgrades at the Police Department to meet the Florida Law Enforcement Accreditation. Funding is available from 115-2128-521-64.90 (Special Projects/Other Machinery/Equipment) and 001-2111-521-64.90 (General Fund/Other Machinery/Equipment). The City Manager stated staff recommends the bid award to C.K.'s Security System (second low bidder). Mr. Costin moved to approve the purchase award to C.K.'s Security System in the amount of $44,188.00 for security upgrades at the Police Department, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9oGo APPOINTMENTS TO THE PUBLIC ARTS IMPLEMENTATION COMMITTEE: Appoint five (5) members to the Public Arts Implementation Committee for a term ending June 30, 2004. Based on the rotation system, the appointments will be made by Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5). Mr. Costin moved to appoint Juliana Steele as a member to the Public Arts Implementation Committee for a term ending June 30, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. -7- 02/17/04 Mrs. Archer moved to appoint Diane Allerdyce as a member to the Public Arts Implementation Committee for a term ending June 30, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to appoint Sharon Koskoffas a member to the Public Arts Implementation Committee for a term ending June 30, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to appoint Seabron Smith as a member to the Public Arts Implementation Committee for a term ending June 30, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mayor Perlman stated he wished to appoint Sarah Wilkinson as a member to the Public Arts Implementation Committee for a term ending June 30, 2004. Mr. Costin so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) member to the Neighborhood Advisory Council for an unexpired term ending October 31, 2004 for Zone One. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Ms. McCarthy moved to appoint Frances Chassen as a member of the Public Arts Implementation Committee for a term ending October 31, 2004; due to a lack of a second, Mayor Perlman passed the gavel to Vice Mayor Levinson, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - No; Ms. McCarthy - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 1 vote, Vice Mayor Levinson dissenting. 9.I~ COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of a funding agreement with one (1) sub-recipient (Fair Housing Center of the Greater Palm Beaches, Inc.) under the Community Development Block Grant (CDBG) program for FY 2003-2004, with the total funding in the amount of $3,000.00. Funding is available from 118-1961-554-49.17 (CDBG Promotion of Fair Housing). MOVED FROM THE CONSENT AGENDA. Ms. McCarthy stated she requested that this item be removed from the Consent Agenda and placed on the Regular Agenda because she has a few suggestions to -8- 02/17/04 add to the outline in Attachment "A" (Scope of Services). Ms. McCarthy suggested that Attachment "A' include the following: (1) that the participants submit the marketing in advance and give Ivan Ladizinsky, Public Information Officer, the opportunity to review and give insight to some effective advertising and (2) that there be a critique sheet for the participants so that they can evaluate the seminars and if the city should elect to do this next year, the city will have an idea how effective they were (some form of measurement). Mrs. Archer moved to approve the Community Development Block Grant (CDBG) Sub-Recipient Funding Agreement as modified, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9oJo SERVICE AUTHORIZATION NO. 19/MATHEWS CONSULTING~ INC.: Approve Service Authorization No. 19 to Mathews Consulting, Inc. in the mount of $74,445.00 for design of water main upgrades and associated improvements to S.W. 11th Avenue, S.W. 12th Avenue, and S.W. 3rd Street. Funding is available fi.om 442- 5178-536-65.97 (Water/Sewer Renewal/Replacement Fund/Other Improvements/S.W. 12th Ave., S.W. 11th Ave. And S.W. 3rd St.). Ms. McCarthy asked when the target dates for construction will be. In response, Mr. Hasko stated the construction is in this fiscal year's budget. Ms. McCarthy asked if staff has thought of some type of strategy to make the residents in the area aware ahead of time that this is going to be taking place in the neighborhood. Mr. Hasko stated this has been taken care of and stated the point of contact will be Rafael Ballestero, Deputy Director of Construction. Ms. McCarthy directed staff to inform her when he finds out the target dates for construction. Ms. McCarthy moved to approve Service Authorization No. 19 with Mathews Consulting, Inc. in the amount of $74,445.00 for design of water main upgrades and associated improvements to S.W. 11th Avenue, S.W. 12th Avenue, and S.W. 3rd Street, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 16-04: An ordinance amending Chapter 35, "Employees Policies and Benefits", Section 35.097, "Retirement Income; Basis Amount and Payment", to provide additional optional forms of benefit. If passed, a public heating will be scheduled for March 11, 2004. The caption of Ordinance No. 16-04 is as follows: -9- 02/17/04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", TO PROVIDE ADDITIONAL OPTIONAL FORMS OF BENEFIT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-04 is on file in the City Clerk's office.) The City Attomey read the caption of the ordinance. Mr. Levinson moved to approve Ordinance No. 16-04 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 1%04: An ordinance mending Chapter 33, "Police and Fire Departments", Pensions, Section 33.60, "Definitions", clarifying the definition of earnings to include certain educational supplemental incentive payments and to exclude certification and other payments. If passed, a public hearing will be scheduled for March 11, 2004. The caption of Ordinance No. 17-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.60, "DEFINITIONS", REVISING THE DEFINITION OF "EARNINGS" TO INCLUDE CERTAIN EDUCATIONAL SUPPLEMENTAL INCENTIVE PAYMENTS AND TO EXCLUDE CERTIFICATION PAY AND ALL OTHER PAYMENTS; PROVIDING A REPEALER CLAUSE; -10- 02/17/04 PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. At this point, Mr. Levinson left the dais. Mr. Costin moved to approve Ordinance No. 17-04 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, Mr. Levinson returned to the dais. 12.C. ORDINANCE NO. 18-04: An ordinance amending Chapter 33, "Police and Fire Departments", Section 33.62, "Benefit Amounts and Eligibility", providing an enhanced multiplier benefit option for the Police and Fire Pension Plan. If passed, a public hearing will be scheduled for March 11, 2004. The caption of Ordinance No. 18-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", PROVIDING AN ENHANCED MULTIPLIER BENEFIT OPTION FOR ELIGIBLE MEMBERS; PROVIDING AN INCREASE IN MEMBER CONTRIBUTIONS FOR THOSE MEMBERS WHO ELECT THE ENHANCED MULTIPLIER; PROVIDING AN OPTION TO PURCHASE THE ENHANCED MULTPLIER FOR THOSE MEMBERS WHO DO NOT ELECT THE ENHANCED MULTIPLIER OPTION BEFORE APRIL 15, 2004; AMENDING SECTION 33.687, "EARLY RETIREMENT INCENTIVE", PROVIDING FOR APPLICATION OF THE ENHANCED MULTIPLIER TO THE EARLY RETIREMENT INCENTWE; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. -11- 02/17/04 (The official copy of Ordinance No. 18-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Costin moved to approve Ordinance No. 18-04 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 19-04: An ordinance amending Chapter 36, "Finance; City Property Transactions", Section 36.11, "Definitions", to provide for definitions regarding design-build contracts. If passed, a public hearing will be scheduled for March 11, 2004. The caption of Ordinance No. 19-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", BY AMENDING SECTION 36.11, "DEFINITIONS", TO PROVIDE FOR DEFINITIONS REGARDING DESIGN-BUILD CONTRACTS; ENACTING SECTION 36.16, "DESIGN- BUILD CONTRACTS", TO PROVIDE FOR THE ABILITY TO USE THE DESIGN-BUILD PROCESS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 19-04 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Costin moved to approve Ordinance No. 19-04 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. With regard to a prior concern expressed by resident Jeff McKee (who resides at 3220 Jasmine Court) about floating docks, the City Manager stated the Code Enfomement Board froze his fines fi-om a previous finding of guilt and gave him ninety -12- 02/17/04 (90) days to address the Commission and lobby for changes to the LDR's. His property must be re-inspected on April 14, 2004 and if he continues to be in violation, the $25 per day fine will be reinstated. Staff is not recommending any changes or amendments to the Land Development Regulations goveming docks or dolphins. ll.B. From the Public. ll.B.1. Jim Smith~ 1225 S. Ocean Boulevard~ Delra¥ Beach~ urged the Commission to consider adding three safety improvements to the recommendations made by the ADHOC Committee. Mr. Smith stated the recommendations are as follows: (1) add a five (5) foot bicycle lane instead of a three foot paved shoulder from Linton Boulevard to Casuarina Road, (2) fill in the sidewalk gap on the west side of A1A from Thomas Street to George Bush Boulevard, (3) a sidewalk on the east side of A1A from George Bush Boulevard to the northern end of the beach. Secondly, Mr. Smith urged the Commission to start approving the Pedestrian/Bicycle Task Team recommendations and stated the first step would be to create a Volunteer Citizen's Advisory Committee. In addition, Mr. Smith urged the Commission to update and submit a Pedestrian/Bicycle grant request for $150,000 by March 31st and adopt the recommended Pedestrian/Bicycle Master Plans specifically including A 1A. ll.B.2. Terrence Rothman (homeless)~ urged the Commission to ask city agencies, city employees, resources and/or logistics of those agencies (i.e. Police Department staff) as to why they are being used to maintain surveillance of his movements within the City limits. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager stated his office received a telephone call from Mr. John Way a firefighter who was injured in 1990. The City Manager stated at the time he was injured the City of Delray Beach had a fully insured Worker's Compensation Plan. The City of Delray Beach has followed up with the insurance company and they are looking at the treatment protocol questioning why the individual is not at maximum medical improvement as of yet. The City Manager stated there have been three separate peer reviews conducted and three different doctors have reviewed the medical records. The records also show a January 27th records review in additional to a physical exam but there are no results. The claimant's attorney rejected the initial records review and forced the insurance company to obtain a motion to compel judgment and noted the claim has not been dropped and it is being actively handled. However, the City Manager stated the City of Delray Beach has no control how it is handled or the decisions that are made. -13- 02/17/04 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C: City Commission. 13.C.1. Mrs. Archer Mrs. Archer inquired about the status of the A1A Redevelopment Project and stated FDOT is requesting the Metropolitan Planning Organization (MPO) to report back to them during the month of February. Mayor Perlman stated the City Commission will have a specific recommendation in writing for the MPO on February 25, 2004. 13.C.2. Commissioner Costin Mr. Costin had no comments and inquiries on non-agenda items. 13.C.3. Commissioner McCarthy Ms. McCarthy stated the contract with the Haitian radio has expired because the city purchased a slot of weeks. However, Ms. McCarthy asked if there is money available to renew the contract. The City Manager recommended that Ms. McCarthy meet with Ivan Ladizinsky, Public Information Officer and suggest some programming content so they will have an idea of the number of programs. Ms. McCarthy stated she was at the Pompey Park Community Center last week and noticed all three water coolers were not working. The City Manager stated he will look into this. Ms. McCarthy stated she is excited about the Masonic Lodge proclamation and requested a copy of the proclamation from the City Clerk. 13.C.4. Commissioner Levinson Mr. Levinson commented about the Mae Volen Senior Center and encouraged everyone to take a tour of the facility because he feels they do a phenomenal job. 13.C.5. Mayor Perlman Mayor Perlman thanked Vice Mayor Levinson and Commissioner Costin for joining him this morning at the Community Child Care Center where he hosted a breakfast. Mayor Perlman stated this is an excellent non-profit facility and they are now reaching out to the unincorporated areas to get them involved. -14- 02/17/04 Secondly, Mayor Perlman commented about the Haitian radio and stated he feels one of the programs should be the "earned income tax credit" which is really for people who work but do not earn enough money but it can make a big difference of what they get back. Mayor Perlman stated he has been working with the United Way and they indicated that the most successful sites that they have had has been in Delray Beach particularly the Village Academy. Mayor Perlman stated Air Currents Magazine (The Official In-Flight Magazine for Gulf Stream International Airlines) featured Delray Beach this month and commented about an article entitled "I Love This Town". Mayor Perlman stated Henry "Hank" Skokowski, Urban Planner with Urban Design Studios, worked very closely with the Beach Property Owners' Association (BPOA) on the Beach Design Guidelines was tragically killed when he was struck by a car while riding his motorcycle across Australia/New Zealand. Mayor Perlman announced that the CRA Annual Redevelopment Awards will be held on Friday, February 20, 2004 at 7:30 a.m. at the Delray Beach Golf Course. In addition, Mayor Perlman stated the "State of the City" will be held on Thursday, February 19, 2004 at 7:30 a.m. at the Delray Beach Golf Course. Mayor Perlman stated he will be on a panel discussion at the Palm Beach Institute of Contemporary Art and will not be able to attend the community dinner. Mayor Perlman stated he will draft a presentation and suggested that Vice Mayor Levinson read it in his absence. Mayor Perlman stated last week he spoke to the Seacrest Association of University Women and commented that there were a lot of questions regarding the Federal Highway Project. Mayor Perlman stated the CRA has hired Kimley-Hom which is an engineering firm to do the conceptual engineering and part of the reason this firm was hired is because of their strong background with getting the information out to residents. Mayor Perlman stated he received an invitation to have dinner with President Bush's Chief of Staff and could not attend because he was attending the Heart of Delray Auction. In addition, Mayor Perlman stated he had a chance to greet Ted Kennedy who flew in on Saturday. Mrs. Archer stated she too had the opportunity to hear President Bush's Chief of Staff speak at the dinner and commented it was very interesting. Mayor Perlman stated the Heart of Delray Auction set a record of $15,000 and he congratulated Jay Alperin, Chair of the Committee. Mayor Perlman stated public and private schools should receive a nice amount of money as a result of the auction. -15- 02/17/04 Mayor Perlman commented about the Quality Cities Magazine this month and stated the new President has asked for staff's participation in the Cities of Excellence awards program. Mayor Perlman suggested that staff participate and apply for some of those awards. At this point, the time being 7:10 p.m., the Commission moved to the duly advertised Public Heatings portion of the Agenda. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 10~04: An ordinance rezoning from POC (Planned Office Center) to RM-9 (Medium Density Residential-9 dwelling units per acre) for a 5.04 acre parcel of land to be known as Atlantic Palms located on the south side of West Atlantic Avenue, approximately 140 feet east of Whatley Road. Prior to consideration of passage of this ordinance, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 10-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT TO RM-9 (MEDIUM DENSITY RESIDENTIAL-9 DWELLING UNITS PER ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, APPROXIMATELY 140 FEET EAST OF WHATLEY ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A Quasi-Judicial Heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman read into the record the City of Delray Beach procedures for conducting a Quasi-Judicial Heating for this item. The City Clerk swore in those individuals who wished to give testimony on this item. -16- 02/17/04 Mayor Perlman asked the Commission to disclose any ex parte communications. Mrs. Archer stated she had a telephone conversation with Michael Weiner. Mr. Costin stated he had a brief conversation today with Michael Weiner. Mayor Perlman stated he had a conversation with Michael Weiner and his client several weeks ago. Ms. McCarthy stated she spoke to Michael Weiner. Mr. Levinson stated he spoke to Michael Weiner, Chuck Danto, and Craig Danto. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2003-353 into the record. Mr. Dorling stated at its meeting of January 6, 2004, the City Commission considered first reading of the ordinance to rezone the subject property to RM-1 I. The applicant requested that the application be withdrawn without prejudice and the City Commission approved a waiver to LDR Section 2.4.5(D)(6), which prohibits the City Commission from considering another rezoning application for 6 months. At its meeting of October 20, 2003, the Planning and Zoning Board held a public hearing in conjunction with the RM-11 rezoning request. After significant discussion about the proposed density, the Board concluded that the 11 units per acre was too intense given the future land use map designations and prevailing development pattern of the surrounding area. The new request to rezone the property to RM-9 has not been considered by the Planning and Zoning Board. The request for a maximum of 9 dwelling units per acre seems to be a reasonable compromise based on the surrounding development pattern and densities. The Board unanimously voted 4-0 (Jill Woehlkens, Diane Borehardt and Joseph Pike absent) to recommend approval of a reduced density of RM-8 based on positive findings with respect to LDR Section 3.1.1. (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, Objectives, and Policies of the Comprehensive Plan. Michael Weiner, representing the applicant B.C. Properties & Investments, L.L.C., entered photographs into the record of the surrounding commercial activity and maps from the Comprehensive Plan. Mr. Weiner urged the Commission to vote in favor of this rezoning. Mayor Perlman declared the public hearing open. There being no one who wished to give testimony on this item, the public heating was closed. Mrs. Archer moved to adopt Ordinance No. 10-04 on Second and FINAL Reading based upon positive findings with respect to LDR Section 3.1.1 (Consistency), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and Goals, Objectives, and Policies of the Comprehensive Plan, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. -17- 02/17/04 10.B. ORDINANCE NO. 8-04: An ordinance amending the Land Development Regulations, enacting a new Subsection 2.4.3(K)(6), "Delray Beach Fire- Rescue Department Fees". Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this time. The caption of Ordinance No 8-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES", OF THE LAND DEVELOPMENT REGULATIONS BY ENACTING A NEW SUBSECTION 2.4.3(K)(6), "DELRAY BEACH FIRE-RESCUE DEPARTMENT FEES", TO PROVIDE FOR DEVELOPMENT REVIEW FEES BY THE FIRE DEPARTMENT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING FOR THE RENUMBERING, RELETTERING AND INCLUSION IN THE LAND DEVELOPMENT REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 8-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the City's Fire- Rescue Department reviews plans for many different types of construction and renovations. In order to recover some of the Fire Department's expense and time in reviewing plans and making these inspections, it is in the public's interest to charge for some of these services. The proposed fee formula is based on project value, which is consistent with the methodology used by Boynton Beach, Jupiter, Palm Beach Gardens and Palm Beach County. At its meeting of January 26, 2004, the Planning and Zoning Board held a public hearing regarding this item. After discussing the amendment, the Board voted 6-0 (Sowards absent) to recommend approval of the proposed amendment to the LDR's enacting Subsection 2.4.3(K)(6) regarding Delray Beach Fire-Rescue Department Fees, based upon positive findings with respect to LDR Section 2.4.5(M). -18- 02/17/04 Mr. Costin asked if this would apply to private residents as well. In response, Chief Koen stated it could if the City had jurisdiction on it. However, Chief Koen stated this would be a very unlikely situation. Chief Koen stated there may be a fire protection feature which could be reviewed but would only be under those limited circumstances. If someone wished to put a sprinkler system in their home, would this be reviewed at that time? Chief Koen stated they would have to be compliant with FPA standards for residential sprinklers. Mr. Costin stated under those circumstances, would a private residence still be liable for the fees or would they be exempt? Chief Koen stated the part that pertains to the Fire Protection feature would be subject to the valuation issue not the structure itself. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 8-04, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 8-04 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 11-04: An ordinance providing for the adoption and enforcement of the minimum State Fire Code together with local amendments recommended by the Fire Department. 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 caption of Ordinance No. 11-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", TO PROVIDE FOR ENFORCEMENT OF THESE REGULATIONS; AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY ENACTING SECTION 96.09, "PROCESSES DEEMED HAZARDOUS TO LIFE AND PROPERTY", TO PROVIDE THAT CERTAIN FIRE OFFICIALS MAY ORDER THE IMMEDIATE CESSATION OF AN ACTIVITY THAT IS HAZARDOUS TO LIFE AND PROPERTY; ENACTING SECTION 96.10, "EVACUATION OF OCCUPIED -19- 02/17/04 BUILDINGS OR STRUCTURES", TO PROVIDE THAT CERTAIN FIRE OFFICIALS MAY ORDER THE EVACUATION OF OCCUPIED BUILDINGS; REPEALING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", AND ENACTING A NEW SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY ADOPTING STATE LAW AS WELL AS OTHER CODE SECTIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-04 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 Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 11-04, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 11-04 on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 13-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations proposing a four month moratorium on Adult Arcade Establishments. If passed, a quasi-judicial public hearing will be scheduled for March 11, 2004. Prior to consideration of passage of this ordinance on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 13-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPORARY BUILDING MORATORIUM ON ARCADES AS FURTHER DEFINED HEREIN FOR A PERIOD OF FOUR (4) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING -20- 02/17/04 FOR THE DURATION OF MORATORIUM; PROVIDING FOR PENALTIES PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-04 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 Perlman declared the public heating open. There being no one who wished to address the Commission regarding Ordinance No. 13-04, the public hearing was closed. Prior to the vote, Mr. Costin asked if there is any further development regarding the Sarasota or the Daytona Beach matters. In response, the City Attomey stated Cathy Kozol, Assistant City Attorney/Police Legal Advisor, has put together a report and the City Attorney will share this with the Commission. Ms. McCarthy moved to approve Ordinance No. 13-04 on First Reading/First Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Peflman - Yes. Said motion passed with a 5 to 0 vote. IO.E. ORDINANCE NO. 9-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.17, RO (Residential Office District), Subsection 4.4.17(B)(2) regarding duplex structures. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 9-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTION 4.4.17(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", BY AMENDING SUBSECTION (B)(2) TO DELETE THE WORDS "AND DWELLING UNITS"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -21- 02/17/04 office.) (The official copy of Ordinance No. 9-04 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this amendment is to provide clarification to LDR Section 4.4.17(B)(2) of the RO (Residential Office) zoning district, which changes what is currently listed as duplex structures and dwelling units to duplex structures. Mr. Dorling reiterated this is for clarification purposes and is not removing an allowed use because multi-family is not currently allowed in the RO (Residential Office) zoning district. Mr. Dorling stated this amendment is being initiated as more of a clarification rather than purposes to fulfill a certain Comp Plan Policy and while the amendment does not specifically further the goals and objectives of the Comprehensive Plan, it is not inconsistent with them. At its meeting of January 26, 2004, the Planning and Zoning Board held a public hearing regarding this item. After discussing the amendment, the Board voted 6-0 (Sowards absent) to recommend approval of the proposed amendment to the LDR's Section 4.4.17(B)(2) regarding duplexes, based upon positive findings with LDR Section 2.4.5(M). Mr. Dorling commented that the City Commission has received a letter of objection from Siemon & Larsen, P.A. on behalf of Mr. William Andrews, and briefly addressed those items that are identified in the letter. Mr. Dorling stated the letter indicates: (1) that the proposed ordinance is inconsistent with the City's Comprehensive Plan. Mr. Dorling stated the proposed ordinance is not inconsistent with the Comprehensive Plan because the transitional land use designation in the Comprehensive Plan allows for uses which serve as a transition between more intense land use categories and less intense ones. Mr. Dorling stated it is important to note that the specific type of use allowed within the transitional land use category is further limited by the zoning category that is placed on the property. Mr. Dorling stated the second item identified in the letter is: (2) the present language of the City's Land Development Regulations does permit multiple family dwelling units, just as the City's Comprehensive Plan and well- considered Neighborhood Plan recognize. Mr. Dorling stated the present language in the LDR's does not permit multi-family dwelling units. Mr. Dorling stated when a zoning district allows multi-family units it is listed as a separate category "multi-family structures" as it is in all other zoning categories within the LDR's. The RO zoning district was adopted in May 1986 to encourage the upgrading and development of deteriorating structures by allowing a mix of residential and office. Mr. Dorling stated the third item identified in the letter is: (3) The inclusion of multi-family dwellings units in the RO District, especially in vertically mixed-use buildings, implements the Comprehensive Plan, the Community Redevelopment Plan, and the Neighborhood Plan. Mr. Dorling stated general references to types of developments contained in the Comprehensive Plan under the transitional land use designation are further limited by the -22- 02/17/04 zoning designation. Mr. Dorling reiterated that RO (Residential Office) does not allow multi-family dwelling units. The purpose of the RO District talks about a residential office district providing a mixed use of a neighborhood office and residential nature. It is to be applied to as a transitional land use between commercial and residential and is to act as an incentive zoning in all residential districts for redevelopment and revitalization and also to accommodate professional offices which will meet the nearby neighborhood needs. Mr. Dorling stated the letter also indicates the following: (4) the proposed ordinance is inconsistent with the Seacrest/DeMda Park Neighborhood Plan. Mr. Dorling stated the proposed ordinance clarifies language under duplex structures and does not remove any category of multi-family uses. Mr. Dorling stated the RO (Residential Office) zoning district allows only duplex structures while the RL (Low Density Residential) district allows both multi-family and duplexes. The proposed changes are not inconsistent with the Comprehensive Plan and positive findings can be made with respect to LDR Section 2.4.5(M). Mayor Perlman declared the public hearing open. Todd Messenger, Siemon & Larsen, 433 Plaza Real, Suite #339, Boca Raton, gave a brief presentation and thanked the Commission for accepting their letter at such a late date. Mr. Messenger stated there are four RO zoning district designations in the City of Delray Beach and the principal one being looked at this evening is in the Seacrest DeMda neighborhood. He stated the existing code as written does permit attached dwelling units especially within a mixed use structure. Mr. Messenger urged the Commission to defer or vote "no" this evening on this item. Alice Beck, 14593 Sunset Pine Drive, Delray Beach, stated she owns the property on the northeast comer of Lake Ida Road and 2nd which is just on the border of the Del-Ida Historic District. Ms. Beck stated she has a multi-family building that has 8 units in one building and a detached garage with one apartment on the top. Ms. Beck stated the property is zoned RO (Residential Office) and asked for clarification with what would be permitted if she were to sell the property in the future. There being no one else who wished to address the Commission regarding Ordinance No. 9-04, the public hearing was closed. Mayor Perlman asked what the zoning is for Mr. Andrews' property. In response, Mr. Dorling stated Mr. Andrews' property is zoned RO (Residential Office). Mayor Perlman inquired about the density of the property. Mr. Dorling stated Mr. Andrews has a transitional land use designation and this has a general description which states residential units in densities between 5-12 units are potentially allowed there as well as mobile homes, etc. subject to the zoning. Mr. Dorling stated the zoning for this piece further restricts it to duplex units or single family units. Mr. Dorling stated those single family units are subject to R-1-A regulation; minimum lot size would equate to 5.8 units to the acre and duplexes at 10.8 units to the acre. -23- 02/17/04 Mr. Levinson stated he does not see this as a change but rather as clarification and he supports the ordinance. Mr. Dorling stated multi-family is not currently allowed and stated Ms. Beck's property was identified as a non-conforming use and can continue as long it is not discontinued for more than six months. Mr. Costin asked if this would then be considered an underlying density. In response, Mr. Dorling stated this is a non- conforming density at this time which can continue as long as it meets the criteria of a non-conforming use. The City Manager stated an underlying density would be in the zoning category not in the physical use and he reiterated this is a non-conforming use. Mayor Perlman made reference to the letter of objection and inquired about the comment about being materially impacted by this decision. Ms. McCarthy stated it appears from the letter that they are leading the Commission to believe that this would negatively impact someone because they would get less density under the RO zoning then what they previously would have been allowed. Mr. Dorling stated this is not a correct assumption because they are not allowed multi-family because it does not infer that multi-family is allowed. Mr. Dorling stated this is not eliminating any units. The City Attorney commented about the rule of statutory construction and stated the City has the history of the RO which is to preserve those historic structures. Mr. Levinson moved to approve Ordinance No. 9-04 amending the LDR's Section 4.4.17(B)(2) regarding the duplexes in the RO (Residential Office) zoning district based upon positive findings with respect to LDR Section 2.4.5(M) on Second Reading/Second Public Heating, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 12-04: An ordinance amending Ordinance No. 20- 03, that adopted Comprehensive Plan Amendment 2003-02, regarding compliance with the Florida Department of Community Affairs (DCA) Objections, Recommendations and Comments (ORC) report. Prior to consideration of passage of this ordinance on Second and F1NAL Heating, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 12-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 20-03 THAT ADOPTED COMPREHENSWE PLAN AMENDMENT NO. 2003-2; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTiVE DATE. -24- 02/17/04 office.) (The official copy of Ordinance No. 12-04 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the original ordinance had a reference to the fact that an ORC (Objections, Recommendations & Comments) Report was not provided by the Florida Department of Community Affairs (DCA) and in fact it was. Therefore, Mr. Dorling stated this language corrects that reference. Mayor Perlman declared the public heating open. There being no one who wished to address the Commission regarding Ordinance No. 12-04, the public heating was closed. Mr. Costin moved to adopt Ordinance No. 12-04 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. There being no further business, Mayor Pedman declared the meeting adjourned at 7:50 p.m. 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 17, 2004, which Minutes were formally approved and adopted by the City Commission on City Clerk -25- 02/17/04 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -26- 02/17/04 SPECIAL MEETING FEBRUARY 24, 2004 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Crest Theatre at Old School Square, 51 North Swinton Avenue, Delray Beach at 8:45 p.m. on Tuesday, February 24, 2004. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent- None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and City Clerk Barbara Garito Mayor Perlman called the meeting to order and announced that it had been called for the purpose of considering the following items: RESURFACING AND RECONFIGURATION OF A-l-A: Consider recommendations to be submitted to the Florida Department of Transportation (FDOT) concerning resurfacing and reconfiguration of A~ 1-A within Delray Beach. After a brief discussion by the Commission, and acknowledgement to the Consensus Group for their efforts in bringing this recommendation to Commission, Mr. Levinson moved to support the Consensus Report, seconded by Mr. Costm. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Costm - Yes: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed 5-0. MEDIA ENTERTAINMENT PRODUCTION (USA). INC,; Consider the proposed agreement with Media Entertainment Production (USA), Inc. for Architecture & Design Television in Delray Beach. Susan Ruby, City Attorney requested authority to proceed with negotiations regarding the proposal made by Media Entertainment Production (USA), Inc. for Architecture & Design Television in Deiray Beach. Mr. Levinson moved to authorize the City Attorney's Office to proceed with negotiations with Media Entertainment Productions, (USA) Inc. for Architecture & Design Television in Delray Beach, subject to Commission direction, seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Mr. Costin - Yes: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes, Mrs. Archer - Yes; Said motion passed 5-0. Prior to the motion Commission verbalized their concerns with the proposed contract and expressed their apprehensions. Mrs. Ruby indicated she would proceed with negotiations subject to Commission dkection and bring a re~Clsed agreement back at a later date. Mayor Perlman declared the Special Meeting adjourned at 9:15 p.m. ATI'EST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, February 24, 2004, which Minutes were formally approved and adopted by the City Commission on March 11, 2004. 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 Cormmssion. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -2- February 24, 2004 SPECIAL MEETING CLOSED ATTORNEY/CLIENT SESSION FEBRUARY 27, 2004 A Special Meeting/Closed Attorney/Client Session of the City Commission of the City of De[ray Beach, Florida, was called to order by Mayor Jeff Perlman in the City Manager's Conference Room at City Hall at 9:18 A.M., Friday, February 27, 2004. Mayor Perlman read into the record, in accordance to Florida Statutes 286.011(8), that the Closed Attorney/Client Session would be held to consider the City of Delray Beach vs. Dharma Properties, Inc., et al case and after the closed session is over, the Mayor would reopen the pubhc meeting and announce that the closed session is terminated. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011 (8) re: City of Delray Beach vs. Dharma Properties, Inc., et al. (Case No. 2003 CA 002934 AN). Attendees: Mayor Jeff Perlman Commissioner Jon Levinson Commissioner Pat Archer Commissioner Alberta McCarthy (Absent) Commissioner Bob Costin (Absent) City Manager David T. Harden City Attorney Susan A. Ruby Bill Doney, Esq. A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above case. At 9:30 A.M. Mayor Perlman reopened the Special Meeting and made the announcement that Commission would proceed with the public meeting and address the Dharma Properties, Inc. settlement. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Mayor Jeff Perlman Absent- Commissioner Bob Costin Commissioner Alberta McCarthy Also present were - City Manager David T. Harden City Attomey Susan A. Ruby and City Clerk Barbara Garito 1. SETTLEMENT OF CITY OF DELRAY BEACH vs. DHARMA PROPERTIES, INC.. et al. Commissioner Levinson moved to approve the settlement with Dharma Properties, Inc. in the amount of $135,000.00 plus attorney's fees and costs, subject to receiving signed releases from Dharma Properties, Inc., the Nadler's and other descendants, seconded by Commissioner Archer. Upon roll call, the Commission voted as follows: Mr. Levinson - Yes; Mrs. Archer - Yes; Mayor Perlman - Yes. Said motion passed 3-0. Mayor Perlman declared the Special Meeting adjourned at 9:32 A.M. Ak'lEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting/Closed Attorney/Client Session of the City Commission held on Friday, February 27, 2004, which Minutes were formally approved and adopted by the City Commission on March 11, 2004. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -2- February 27, 2004 WHERF.,AS, the American Red Cross is always there, under the same trusted symbol, sexvicing our community and touching more lives in new ways by providing lifesaving information, rog, and disaster relief to individuals. At the same time, they serve alongside our men and women in uniform wherever they are deployed, relaying urgent family messages and providing a precious link with home; and WHEREAS, the Red Cross is a leading voluntary agency meeting the needs of indNiduals and families affected by personal emergencies and disaster. They also have been the staunchest of friends and neighbors to millions of people both here at home and around the world; and WI-IE~, the Red Cross is designated by the Congress of the United States in the act approved Januaxy 5, 1905, as amended, 36 U.S.C. Sections 1-9, as the lead voluntary agency responsible for nadonal and international relief in time of peace and to apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other great national calamities, and to devise and catty on measures for preventing the same; and WHEREAS, the Greater Palm Beach Area Chapter has a distinguished history of providing lifesaving services and progsams to our community. Building on that tradition, they are foCUSing on building partnerships, increasing safety and disaster preparedness education and enhancing response capabilities for residents of Glades, Hendry, Okeechobee, and Palm Beach counties; and WHEREAS, March has been designated as American Red Cross Month by U.S. Presidential Prochm~fion to celebrate the achievements of the Red Cross in the services it provides to communities nationwide; and WHEREAS, as the important work of the American Red Cross moves forward and as we celebrate March 2004 as American Red Cross Month, we ask that you become partners in preparedness with the Greater Palm Beach Area Chapter of the American Red Cross. Together, we can save a lifel NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City comrmssion, do hereby proclaim March 2004 as AMERIC.4~ RED CROSS MONTH in Delray Beach, Florida and urge our resident~ to show support for our local Red Cross chapter and to become active pa~Jripants in advancing the noble mission of the American Red Cross. 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 11' day of March, 2004. JEFF PERLMAN MAYOR Red Cross !i FEB I Greater Palm Beach Area Chapter · Together, we can save a life ~, , , ~_._~ ~. : ,; : :, Secretary- Jeannine P. Jeffers February 9, 2004 Executive Cir~ctor The City of Delray Beach 100 N,W. 1st Avenue Shi6eyG. Arline Delray Beach, F1 33444 Dear Perlman: Leo M. Bonfad~n~ Mayor Ma~.. S~.n I am writing to ask you to assist the American Red Cross Greater Palm Beach Area Da.~e,e DeUso Chapter in its effort to increase support and recognition of its mission during Terse,ce Cono~hue March 2004, nationally designated as American Red Cross Month by President Bush. Jea~.e ...ahicht YOU are being asked to join other leaders within the Greater Palm Beach area, by states ,i.es displaying the enclosed Proclamation so that the public is able to see first-hand, your Steoha.ie ~is~ak-Tam~osi acknowledgement of the importance of the work of the American Red Cross in Wesley A. Lauer, Esq. communities. Cu~s L ~y~a, The American Red Cross Greater Palm Beach Area Chapter, a humanitarian organization, D~ ~ean ~ ~a~e~i works to make a positive difference in communities, with its commitment to improve the L~cia,o Manine~ quality of human life, enhance self-reliance and concern for others, and by helping people David Miller avoid, prepare for and cope with emergencies. The Red Cross is an independent B~..~ T ,~M,e, ~a,. organization, not a government agency, and brings safety and disaster preparedness ~hom*s C. O~ia education into communities as a proactive outreach to residents. Led by a staff of over ~ ,~u~ a~mr~Mr,, 3,000 volunteers, the Red Cross stands trained and ready to respond to hurricanes, floods, kt. curtis Stamhau~hearthquakes, tornadoes, fires, hazardous materials incidents, and other unexpected Cha~es S~*~ disasters. All disaster relief is given free of charge as a gift from the American people. Steve Wsagle For more than 80 years, the Greater Palm Beach Area Chapter of the American Red Cross has been providing relief for families during hurricanes, floods and fire, and teaching First 8n~ ~on, M,~tary*r*~, Suite ~08 Aid, CPR, AIDS Prevention and Water Safety. Red Cross workers and volunteers are ,a~m S*a*h a~Bens, It aO4f0 available 24 hours a day, 365 days a year to provide shelter, food, water, counseling and (561) 622-8003 Fax (58~) 822-8107 more to anyone who suddenly finds their world turned upside down by a disaster. South County Branch Your nublic support of this important Proclamation, will encourage the citizens of the Boca Raton, FL 33487Greater Palm Beach Area to become active participants in advancing the noble mission of (561}994-2060 the Red Cross. I look forward to hearing from you soon regarding an opportunity to speak at one of your upcoming meetings about the work of the American Red Cross benefiting residents - every day -- who live in Greater Palm Beach Area communities. Blades Area Branch 195 US Hwy. 27 S, Bourn Bay, FL 33493 (561) 992-9703 Fax (561) 996-9484 Okeechobee Branch 323 North Parro8 Avenue Thank you for your anticipated, ongoing commitment to "Riding the Wave to Safety" With The American Red Cross Greater Palm Beach Area Chapter. Okeechobee, FL 34972 (863) 763-2488 ~ncerely,~d Fax (863} 763~619 ~ j~ ,///~._ Executive Director ~ 825 Fem Street West Palm Beach, FL 33401 (561) 833-7711 Phone (561) 833-8771 Fax www.redcross-pbc.org TOGETHERWE PREPARE PROCLAMATION OF MARCH 2004 AS AMERICAN RED CROSS MONTH I, , a leader in the Greater Palm Beach Area community, do hereby support March 2004 as American Red Cross Month. I urge the people of the Greater Palm Beach Area to show support for our local Red Cross chapter and to become active participants in advancing the noble mission of the Red Cross. The Greater Palm Beach Area Chapter has a distinguished history of providing lifesaving services and programs to our community. Building on that tradition, we are focusing on building partnerships, increasing safety and disaster preparedness education and enhancing our response capabilities for residents of Glades, Hendry, Okeechobee and Palm Beach counties. As we move forward with the important work of the American Red Cross and as we celebrate March 2004 as American Red Cross month, we ask that you become partners in preparedness with the Greater Palm Beach Area Chapter of the American Red Cross. Together, we can save a life! Department of Environmental Services C['~[ [~i~.~ ~g_~ M E M 0 R A N D U M www. mydelraybeach, com David T. Harden, City Manager ,,~ f~r/ Richard C. Hasko, P.E., Environmental Services Director EMPLOYEE RECOGNITION BONUS TO: FROM: SUBJECT: DATE: March 2, 2004 The attached two memos with associated backup materials describe the reason for and results of our Ferric Chloride chemical treatment addition initiated by our Water Treatment Plant staff. This is provided for Commission Agenda Packets. A brief summary of the program will be presented to Commission prior to the awards. Cc: Dan Beatty, P.E., Deputy Director Public Utilities RECEIVED City Of Delray Beach .q - 200; · DepartmentofEnvironmentalServices CITY ~,IIANAGEI~ M E M O R A N D U M David T. Hardee, City Manager Richard C. Hasko, P.E., Environmeetal Services Director www. mydelraybeach, com SUBJECT: EMPLOYEE RECOGNITION BONUS DATE: February 9, 2004 In recognition of their creativity and persistent efforts to provide cost effective water quality enhancements to the City's drinking water, I would like to recognize the employees that participated in the ferric chloride treatment test program over the past year. As you are aware, the success of the ferric chloride supplemental treatmeet process allowed us to essentially meet our goals for treatment enhancemeets regarding color, Ixihalomethanes (THMs) , haloacetic acids (HAAs) and total organic carbon (TOC) reduction without the $5+ million Anion Exchange process addition as was previously planned. Disregarding capital costs and debt service avoided, we have calculated an annual savings of $250,000 as a result of incorporating ferric chloride injection into the treatmeet process instead of implemeeting an anion exchange plant addition. This is based on thc estimated annual Operation & Mainteeance costs subsequeet to Anion Exchange construction ($380,000 as stated in the Alternative Treatmeet Technology Study performed by CH2M Hill) as compared to the actual annual costs of the ferric chloride injection process ($130,000 based on last year's consumption). Applying the geeeric Employee Suggestion Program criteria to this value, we are recommeeding an award of 20% of the annual cost savings for one year, totaling $50,000, to be shared among the employees that participated on the program. We have a total of 25 employees as ideetified by our Utility Division that participated in the program and deserve credit for its success. The attached roster was prepared and reviewed by Utility and Water Treatment management staff and represeets the employees that assisted in the program and the levels of participation for each. Please let me know if you agree with this recommendation and I will arrange the funding for the awards. Cc: Dan Beatty, Deputy Director Public Utilities Harry Hamilton, Human Resources Director Joe Safford, Finance Director Recommended % Allocation Employee Award 20% John Bullard $10,000 12% Clive Grant $6,000 5% Bob Bullard $2,500 Doug Stryjek $2,000 4% n'Detenga n'Gurumo $2,000 Tom Ban'att $1,500 Tracy Bean $1,500 William Blake $1,500 Bob DeSisto $1,500 Ramon Hemandez $1,500 Cesar Idzarry $1,500 Gil Ironside $1,500 3% Terry Kinley $1,500 Cliff Madon $1,500 Bill Pitschman $1,500 Devon Miller $1,500 Clayton Gilbert $1,500 Milton Willingham $1,500 ! Bob Williamson $1,500 i Scott Solomon $1,500 Pedro Prado $1,000 Rita Taylor $1,000 2% Fengli Yang $1,000 Chds Cavalere $1,000 Tom Kirkham $1,000 Total Recommended Award $50,000 A total of 25 individuals have participated in the project City Of De. lray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: www. mydelraybeach, com David T. Harden, City Manager Richard C. Hasko, P.E., Environmental Services Director ~ TREATMENT PROCESS RESULTS November 12, 2003 We now have a year of sampling results using Ferric Chloride as a supplementary water treatment chemical. The attached graphs illustrate the consistent levels of color reduction both at the treatment plant (magenta graph) and at various sampling points in the distribution system (blue graph). The MCL for color per Federal and State standards is 15 color units. The success of the Ferric Chloride testing is dramatically evident on the graphs. Also aRached is a table illustrating the levels of Total Trihalomethanes (TTHM) and Haloacetic Acids (HAA) in parts per billion, and percent reduction of Total Organic Carbons (TOC) sampled and analyzed from eight points in the distribution system. This protocol was implemented last year to develop a database for comparison with the revised sampling locations and reduced Maximum Contaminant Levels (MCLs) for these analytes to become effective in January of 2004. This table clearly illustrates that our current treatment process, when supplemented by Ferric Chloride injection, will maintain these suspected carcinogens well below levels considered safe for consumption under State and Federal law. The manifolding of the raw water main influent lines on the plant site earlier this year served to provide a more consistent raw water quality to the Plant, and the addition of paeing equipment to the chemical injection process has stabilized the consistency of treatment. With the installation of the pem~anent chemical tank for the Ferric Chloride, the test project will be complete and we will officially add this treatment technique to our process. Our Plant Operating Staff is to be commended for their ingenuity and expertise in identif34ng this alternative treatment process and developing it as a viable cost effective method to meet our combined goals of maintaining compliance with new Safe Drinking Water Act requirements and enhancing the aesthetic quality of the City's drinking water. cc: Dan Beatty, Deputy Director Public Utilities John Bullerd, Water Treatment Plant Manager Bob Bullard, Utility Maintenance Manger Date Average Values (8 sampk points) TTHM HAA TOC %Red Dec, 2002 18.8 19.4 32.1 lan~ 2003 20.0 25.4 8.5.5 Feb 20.0 38.9 39.4 Mar 20.1 21.1 . 74.3 Apr 19.3 21.3 27.5 May 17.4 9.7 31.5 Inn 30.0 20.8 40.1 lul 24.4 13.7 30.1 Aug 24.2 26.3 38.8 ~ept 32.0 32.8 32.6 Der 26.5 18.8 32.4 ~ov 30%* ~10100 0 ~10100 80'~00 -% ~10'103 ~0~00 HO'~O0 TO: THRU: FROM: SUBJECT: PAUL DORLING, DIRECTOR OF PZ, ANNING AND ZONING NGUYEN TRAN, SENIOR PLANI~R ~~'~" "~ MEETING OF MARCH 11, 2004 ** CONSENT AGENDA** COMBINED PRELIMINARY/FINAL PLAT APPROVAL FOR A 12-BAY MIXED INDUSTRIAL AND COMMERCIAL DEVELOPMENT KNOWN AS TENTH STREET COMMERCE PARK PLAT II, LOCATED ON THE SOUTH SIDE OF S.W. 10TH STREET, APPROXIMATELY 480' WEST OF S.W. 10TH AVENUE. At its meeting of July 25, 2000, the City Commission approved the Final Boundary Plat for Tenth Street Commerce Park and the plat was subsequently recorded on August 28, 2000. In August 2002, three of the twelve bays (Units A, B & C) were sold fee-simple to B & B Development Group, Inc. The property is no longer under a single ownership and the sale represents subdivision of the property which must be accomplished through the formal platting process. At its meeting of February 23, 2004, the Planning and Zoning Board recommended approval of the combined Preliminary/Final Plat for Tenth Street Commerce Park Plat II which subdivided the single parcel into multiple parcels surrounded by a common access tract. The plat is considered a major subdivision and is now before the Commission for approval. The proposed plat shows the division of the existing building into 12 lots with each lot representing one unit/bay. The lot lines are shown to coincide with the centerline of the party wall separating each unit/bay. Vehicular access will be taken directly from S.W. 10th Street via a dedicated internal access tract (Tract "A"). Tract "A" is dedicated to the Tenth Street Commerce Park Owners Association for ingress-egress, parking, utility and drainage purposes which is to be owned and maintained by the association. All easements were dedicated on the previous plat and shown on the replat; therefore, no additional easements are necessary. With multiple ownerships, the party walls between units must be retrofitted to provide two hour protection per the building code. This will be accomplished with build out of future bays. The Planning and Zoning Board considered the proposed plat at their meeting of February 23, 2004. After reviewing the staff report, the Board voted 4 to 0 (Diane Borchardt and Joseph Pike absent) to recommend to the City Commission approval of the combined preliminary/final plat of Tenth Street Commerce Park Plat II. All technical items have been satisfactorily addressed. By motion, approve the preliminary plat of Tenth Street Commerce Park Plat II and certify the final plat based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan. Attachments: Location Map Reduced Plat Planning and Zoning Staff Report of February 23, 2004 PARK TEN S.W. lOTH PARK TEN 2ND ADD. LIN TON CENTRE MILFRED STREET WALLACE FORD WALLACE NISSAN LIN TON WALLACE DODGE DELRA Y BEACH MEMORIAL GARDENS STREET S.W. 8TH CT. S.W, 9'PH ST, $.W. 9~R-I CT. THE GROVES SOUTHRIDGE RD. SOU THRID GE VILLAGE CONDO CONDO BOULEVARD N TENTH STREET COMMERCE PARK PLAT II JilI PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: February 23, 2004 V.B. Combined Preliminary/Final Plat for a 12-Unit Mixed Industrial and Commercial Development Known as Tenth Street Commerce Park Plat II, Located on the South Side of S.W. 10th Street, Approximately 480' West of S.W. 10th Avenue (Quasi-Judicial Hearing). ~ s'illllllll~lllll"~"lllllll~l II I"111 I<~ STREI~T GENERAL DATA: Owners ................................... Applicant ................................. Location .................................. Property Size .......................... Future Land Use Map ............. Current Zoning ........................ Adjacent Zoning ............ North: East: South: West: Existing Land Use ................... Proposed Land Use ................ Water Service ......................... Sewer Service ......................... H & S Development Group, Inc. ~ B & B Development Group, Inc. · Mr. Henri Hage South side of S.W. 10th Street, approximately 480' west of S.W. 10th Avenue. 3.24 Acres Redevelopment Area # 2 .~ MIC (Mixed Industrial & Commercial) R-1-A (Single Family Residential) MIC MIC I (Industrial) 1-story, 49,560 sq. ft. mixed-use industrial and commercial building (offices on the east side and warehouse storage with overhead doore on the west side of the building), with associated parking and landscaping. Same Existing on site. Existing on site. VoS, The item before the Board is that of approval of a combined preliminary/final plat for a 12-unit mixed industrial/commercial development known as Tenth Street Commerce Park Plat II. The subject property is located on the south side of S.W. 10th Street, approximately 480' west of S.W. 10th Avenue. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. The subject property consists of Tract "A" of Tenth Street Commerce Park (Plat Book 88, Pages 122-124). Currently, the property contains a 49,560 square-foot, 12 bay, mixed industrial and commercial development. The development includes a 102- space off-street parking lot, two loading areas on the west side of the building, dumpster enclosure areas at the northeast, northwest and southwest corners of the property and associated landscaping throughout the site. At its meeting of July 25, 2000, the City Commission approved the Final Boundary Plat for Tenth Street Commerce Park and the plat was subsequently recorded on August 28, 2000. Final Boundary Plats are appropriate when a property is to be maintained under a single ownership, condominium occupied by the owner or lessees holding leases other than a divided land lease or ownership. In August 2002, three of the twelve bays (Units A, B & C) were sold fee-simple to B & B Development Group, Inc. The property is no longer under a single ownership and the sale represents subdivision of the property which must be accomplished through the formal platting process. The submitted plat currently before the Board is required to correct the situation and to subdivide the single parcel into multiple parcels. The proposed plat shows the division of the existing building into 12 lots with each lot representing one unitJbay. The lot lines are shown to coincide with the centerline of the party wall separating each unitJbay. Vehicular access will be taken directly from S.W. 10th Street via a dedicated internal access tract (Tract "A'). Tract "A" is dedicated to the Tenth Street Commerce Park Owners Association for ingress-egress, parking, utility and drainage purposes which is to be owned and maintained by the association. Pedestrian access was accommodated through the construction of a 5' wide concrete sidewalk adjacent to the north property line within the right-of-way of S.W. 10th Street. Previous dedications for a 12' wide water line easement (located on the east side of the building and the south end of the site) and a 12' wide sanitary sewer easement P&Z Board Staff Report Tenth Street Commerce Park Plat II - Plat Page 2 (located on the west side of the building) are being shown on the proposed plat. Also being shown are previous dedications for a 12' wide utility easement (along the north end of the site) and a specific 10' wide Florida Power and Light Easement located near the west property line. Pursuant to Section 3.1.1 of the Land Development Regulations, prior to 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 in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Positive findings with respect to Future Land Use Map Consistency Section 3.1.1(C), Concurrency and Consistency with the Comprehensive Plan were made at the time of Site Plan Approval for the Tenth Street Commerce Park development on January 19, 2000; however, Compliance with the Land Development Regulations pertaining to the proposed plat are discussed below. Section 3.1.1 (D) - Compliance with the Land Development Regulations: Section 5.1.3(A) Plat Required: A plat is required for the subdivision of any lot, tract or parcel of land; and for the dedication, layout, opening or construction of any street, storm sewer, sanitary sewer, water main, or other facility for public use or for the common use of building occupants. The provisions of this section shall apply to all lands within the incorporated area of the City except as specifically exempted. As previously mentioned, each unit/bay was shown as a separate lot and access around the site was provided with the dedication of an internal access tract. The submitted plat meets all other requirements. Technical comments from the Planning & Zoning Department, Environmental Services Department, and Building Department, are attached as Appendix "A", and must be addressed prior to scheduling of the plat for City Commission consideration. An issue of significance has been identified by the building department relating to a requirement to provide additional fire separation between fee-simple ownership of properties. This separation was not provided under the prior common ownership scenario originally envisioned. This will require installation of a two hour fire rating between units (see Building Departments comment in "Appendix A". P&Z Board Staff Report Tenth Street Commerce Park Plat II - Plat Page 3 The development proposal is not within a geographical area requiring review by the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), or the Historic Preservation Board (HPB). Special Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and citizen's groups: [] PROD [] President's Council [] Delray Beach Heights HOA [] La Paloma HOA Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The development exists and has been determined to be consistent with the Zoning and Future Land Use Map designations for the subject property. Positive findings were made with regard to Concurrency and Comprehensive Plan consistency, as well as LDR Section 3.2.3 (Standards for Plat Actions) as listed in Appendix "B". The plat will require several technical modifications, as listed in "Appendix A" - Technical Items section of this report, before it can advance to the City Commission. Continue with direction. Approve the preliminary plat for Tenth Street Commerce Park Plat II and certify the final plat based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan, subject to conditions. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. P&Z Board Staff Report Tenth Street Commerce Park Plat II - Plat Page 4 Approve the preliminary plat for Tenth Street Commerce Park Plat II and certify the final plat based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "A') of the report be addressed prior to scheduling the plat for City Commission action. Attachment:s: · Appendix "A" · Appendix "B" · Location Map · Reduced Plat · Reduced As-Built Survey S:~Plarming & Zoning~BOARDS~P&Z BOARD\Tenth Street Commerce Park Plat II - Plat. doc P&Z Board Staff Report Tenth Street Commerce Park Plat II - Plat Page 5 The following comments must be addressed prior to scheduling the plat for City Commission: Planning & Zoning Department Plat Comments 1. Please fill in the O.R.B. and Page for the 10' Florida Power and Light Easement located along the western portion of the site. 2. Please provide the name of the professional surveyor and mapper or legal entity, along with the street and mailing address on sheet 2 per F.S. 177.091(5). Environmental Services Department Plat Comments 1. Provide coordinates on all P.R.M. 2. Provide digital copy of approved plat in format per City of Engineering. Delray Beach Building Department Comments 1. 2 hour fire protection will be required between each Pot per Table 704.1 Occupancy Separation Requirements for Industrial Use of the 2001 Florida Building Code. P&Z Board Staff Report Tenth Street Commerce Park Plat II - Plat Page 6 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard Does not meet intent X C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard Does not meet intent X D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable P&Z Board Staff Report Tenth Street Commerce Park Plat II - Plat Page 7 physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard Does not meet intent X G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard Does not meet intent X Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard Does not meet intent X J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent S.W. 10TH PARK TEN PARK TEN 2ND ADD. DELRAY BEACH MEMORIAL GARDENS STREET S,W. 8TH CT. S,W. 9TH ST. L IN TON CENTRE THE GROVES MILFRED STREET WALLACE FORD $OUTHRIDGE ~LLAGE CONDO LIN TON CONDO BOULEVARD N TENTH STREET COMMERCE PARK PLAT 11 S.W. lOth S7 r~EET -- - ' ', i~! ' , _ ~ ,, MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ {~ - REGULAR MEETING OF MARCH 11, 2004 RESOLUTION NO. 18-04 MARCH 5, 2004 This is a resolution assessing costs for abatement action required to remove nuisances on six (6) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 18-04. AgmemoCE.Res No 18-04 RESOLUTION NO. 18-04 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 UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) n~med in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner{s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City o£ Delray Beach, subm/tted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved~ and, WHEREAS, the City Con~isslon of the Chapter 100 of the Code of Ordinances desires to against said property owner(s), City of Delray Beach, pursuant to assess the cost of said nuisance(s) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS= Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a llen upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to inunediately mail by first class mall to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s} that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which allen shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney"s fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney"s fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florlda, and upon the date and time of recording 2 Res. No. 18-04 of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney,s fee. PASSED AND ADOPTED in regular session on this the day of · 2004. MAYOR ATTEST: City Clerk 3 Res. No. 18-04 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT iFAIRCREST HEIGHTS AMND PLAT, LOT 53, B 39, P 155, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 2147 SW 36TH TERRACE) YOLLY P. VERZOSA 12 42 46 25 09 000 0530 1090 AMSTERDAM AVE. #7 K CUST ID # 525/590 NEW YORK, NY 10025-1737 $ 55.25 $ 55.00 ADMFEE DELRAY SHORES 1ST ADDITION, LOT 18, BLOCK 15, PB 28, P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FL SECRETARY OF HOUSING & 2655 DORSON WAY) URBAN DEVELOEPMENT 12 43 46 07 02 015 0180 909 SE 1ST AVENUE # 500 ;UST ID # 8389/8638 MIAMI, FL 333131 $ 68.50 $ 55.00 ADM FEE OSCEOLA PARK, LOTS 5 & 6 (LESS S 64.77 FT) BLOCK 4, PB 66, P 71, PUBLIC RECORDS OF PALM BEACH COUNTY, FL ERICA S. COLOE 402 SE 4TH AVENUE) 402 SE 4TH AVENUE CUST ID # 10341/32544 DELRAY BEACH, FL 33483 $ 53.00 $ 55.00 ADMFEE TOWN OF DELRAY, N 50 FT OF S 356.4 FT OF E 135 FT OF BLOCK 24, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 322 SW 5TH AVENUE) ADELENE JENKINS 12 43 46 16 01 024 0040 PO BOX 1993 CUST ID # 187 DELRAY BEACH, FL 33447 $ 44.25 $ 55.00 ADM FEE 4 Res. No. 18-04 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE 17-46-43, E 43.74 FT OF S 140 FT OF N 165 FT OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL SIDNEY WASHINGTON 1402 NW 2ND STREET) CIO DENISE WASHINGTON 12 43 46 17 00 000 3100 2401 NW 23RD LANE # 1 CUST ID # 5659/5716 FT. LAUDERDALE, FL 33311 55.25 55.00 ~,DM FEE OSCEOLA PARK, N 10 FT OF LOT 13 & LOT 14, BLOCK 9, PB 3, P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 819 SE 3RD AVENUE) VANESSA N. INGRAHAM 12 43 46 21 01 009 0131 1023 MIAMI BOULEVARD CUST ID # 8802 DELRAY BEACH, FL 33483 44.25 55.00 ~,DM FEE VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. I I I 5 Res. No. 18-04 CITY I)F DELR;IY BEACH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 1993 DATE: TO: FROM: MEMORANDUM March 2, 2004 City Commission ~ Brian Shutt, Assistant City Attorney SUBJECT: Granting of Easement Deed to FPL The following easement deed from the City grants to FPL the means to install/maintain an underground power line on City owned property. This easement is needed as a result of the construction of the parking garage and library. By copy of this memo to David Harden, our office requests that this item be placed on the March 11, 2004 City Commission agenda for acceptance. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Randal Krejcarek, City Engineer Work Request No. Sec.__, Twp __ S, Rge _ E Parcel I.D. (Maintained by County Appraiser) Form 3722 (Stocked) Rev. 7/94 EASEMENT This Instrument Prepared By Name: Co. Name: ' p ' ht Address: The undemigned, in considerat on of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowedged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and ass gns, an easement forever for the construction, operation and maintenance of ove~ead and undergmuod electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement feet in width described as follows: See Exhibit "A" T ether with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay ~a°~ie and conduit within the easement and to operate the same for communications purposes; the dgM of ingress and ross to said remises at all times; the ri.'Qht to .clear the. land a. nd kee.p it cl. ear~l..of, all.trees,_u.ndergrowth .and other oe~3~-tructions within the easement area; to tnm ana cut aha Keep trimmeo ano cut all neao, weaK, leamng or aangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and futther grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove grant.e~, on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through saia property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ,20_. Signed, sealed and delivered in the presence of: By: (w~less' S~lnature) Print Name: Print Name: (vw~ess) Print Address: {prew~ent~ signature) Print Name: Attest Print Name: Print Address: (,sec~ary's signature) (Corporate Seal) STATE OF this day of known to me or have produced Identification) AND COUNTY OF . The foregoing instrument was acknowledged before me 20__, by , and respectively the President and Secreta~J of , a corporation, on behalf of said corporation, who are personally as identification, and who did (did not) take an oath. (Type of Naea~/Pubr~c, Signature print Name SKETCH & DESCI~T~ON FO~ UT~Y EASEI~ IEXHIBIT '1 P.O.B. 16' ALLEY WEST LINE BLOCK 53 J25' WEST ATLANTIC AVENUE (STATE ROAI EXISTING R/W LINE- PROPOSED R/W LINE- LOT 1 LOT 2 806) N31°18'29"E LOT 3 LOT 4 N00'OI"~7"W N 89°09'30" W LOT 5 j -SOUTH LINE OF 16' ALLEY 282.00' LOT 11 P.O.C. I /--S.W. CORNER BLOCK 53 _ UTILITY EASEMEN'I BLOCK 55 MAP OF TOWN OF LINTON (P.B. 1, PG. 3, P.B.C.R.) 8.W. let STREET R=25.00' L~5.60' S00'01'27"E 109.15' LINE LOT 4 RE¥ISIONS AVIROM &A88OCIATE$, INC. SURVEYING & MAPPING 50 ~r.W. 2ND AVENI.~-, SUITE 102 BOCA RATON, FLORIDA 88482 TEL. (581) 882-2584, FAX (8~1) 884-7125 ~)2004 AV~ & ~C~A~S. ~C. ALL mg41'S RESERVED. NO. 7313-2 SCALE.= 1" = 60' DATE: 2/18/04 DRAWN BY: M.M.K. SHEET: 2 OF: 2 SKETCH & DESCR~TION FOR: IEXHIBIT ,A '1 LAND DESCRIPTION: A portion of Lots 1 and 4, Block 53, together with a portion of that 16 foot alley lying between Lots 1 through 4 and Lots 5 and 11, Block 5:5, MAP OF THE TOWN OF LINTON (now known as Delray), according to the map or plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, described as follows: COMMENCE at the southwest corner of said Block 5;5; thence NOO°OO'47"E, along the west line of said Block 53, a distance of 448.32 feet fo the southwest corner of said 16 foot alley and fo the POINT OF BEGINNING; thence continue NOO°OO'47"E, along the west line of said alley and the west line of said Lot 1, a distance of 18.00 feet; thence S89°09'50"E, along a line 18.00 feet north of and parallel with the south line of said 16 foot alley, ;>4.00 feet; thence S00°00'47"W, 8.00 feet; thence S89°09'30"E, along a line 10.00 feet north of and parallel with said south line of the 16 foot alley, ;>45.98 feet; thence NOO°Ol'27"W, along a line 17.00 feet west of and parallel with the east line of said Lot 4, o distance of 120.32 feet to a point on the arc of a non-tangent curve concave fo the southwest, o radial line to said point bears N31°18'29"E; thence southeasterly along the arc of said curve, having a radius of ;>5.00 feet and a central angle of 58°40'04", a distance of 25.60 feet fo a point of intersection with a line lying 5.00 feet west of and parallel with said east line of Lot 4; thence S00°01'27"E, along said parallel line, 109.15 feet fo the south line of said 16 foot alley; thence N89°og'30"W, along said south line, ;>8;>.00 feet fo the POINT OF BEGINNING. Said lands situate in the City of Delroy Beach, Palm Beach County, Florida and containing 4,382 square feet, more or less. NOTES: 1. Reproductions of this Sketch ore not volid without the signofure ond the originol raised seol of o Florido licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. If is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may offecf the subject property. No search of the Public Records hos been mode by the Surveyor. 3. The Iond description shown hereon wos prepored by the Surveyor. 4. Beorings shown hereon ore ossumed based on the west line of Block 53, hoving o beoring of NOO°OO'47"E. 5. Dato shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 6. Abbreviation Legend: A = Central Angle; L = Arc Length; L.B. = Licensed Business; P.B. = Plat Book; P.B.C.R. = Palm Beoch County Records; PG. = Page; P.L.S. = Professionnl Lond Surveyor; P.O.B. = Point of Beginning; P.O.C. = Point of Commencement R = Rodius; R/W = Right-of-Woy. CERTIFICATION: I HEREBY CERTIFY that fha attached Sketch (]nd Description of the hereon described property is true and correct fo fha best of my knowledge and belief os prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 61G17-6, Florida Administrative Code, pursuant Oate: ........ MICHAEL D. AVtROM, P.L.S. Florida Registration No. 3268 AVIROM &: ASSOCIATES, INC. L.B. No. 3300 REVISIONS AVIROM &: ASSOCIATES, INC. ~URVEYIN(~ &: MAPPIN{3 80 8.W. 2ND AVEB~IU~, ~l, JIl'~ 102 BOCA RAT~, ~A 38432 TEL (5~ 882-2584, FAX (~ 884-7125 NO. 7313-2 SCALE: N/A DATE: 2/18/04 DRAWN BY: M.M.K. SF~ET: 1 OF: 2 [ITY OF DELRIIY BEAEH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: March 2, 2004 MEMORANDUM Writer's Direct Line: 561/243-7091 TO: FROM: City Commission David T. Harden, City Manager Bdan Shutt, Assistant City Attorney SUBJECT: Exchan.qe of Property between the City1 FIND and Delray Harbor Club The Delray Harbor Club Association owns property adjacent to Federal Highway and just south of their complex. The City owns property adjacent to Federal Highway and just south of the Association property. Florida Inland Navigational District (FIND) owns the property to the east of the Association and City property but has leased it to the City for park purposes. The Association wishes to construct an entry feature and to provide for more guest parking on its property. The City wishes to construct park facilities with a boat ramp going into the intracoastal. The exchange would allow both parties to utilize the property in a more efficient manner. FIND also benefits from this transfer in that it accomplishes its goal of providing access to the intracoastal waterway. The attached resolution and agreement, if approved, would allow the transfer of Tract 4 from FIND to the City; transfer of Tracts I and 5 from the City to the Delray Harbor Club Association; transfer of Tract 7 from the City to FIND; transfer of Tract 2 from the Association to the City. The agreement also provides for the transfer of Tract 3 from FIND to the Association. Please place this item on the March 11, 2004 City Commission agenda. If you should have any questions, please do not hesitate to contact me. Attachments CC: Barbara Garito, City Clerk Randal Krejcarek, City Engineer Joe Weldon, Director of Parks and Recreation RESOLUTION NO. 16-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO EXCHANGE REAL PROPERTY OWNED BY THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED ON THE EAST SIDE OF SOUTH FEDERAL HIGHWAY SOUTH OF 10TM AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN AND IN ACCORDANCE WITH THAT REAL PROPERTY EXCHANGE AGREEMENT BETWEEN THE PARTIES TO BE UTILIZED FOR PARK PURPOSES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, is the owner of Tract 1, a portion of Lot 10, Block 1, Model Land Company's Map of Section 21, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida, being more particularly described as follows: DESCRIPTION TRACT 1: a PORTION OF LOT 10, BLOCK 1, MODEL LAND COMPANY'S MAP OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 128, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 26, BLOCK 2 OF SAID PLAT OF "MODEL LAND COMPANY'S MAP OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST"; THENCE N.0°23'14"E., ALONG THE WEST LINE OF SAID LOT 26, A DISTANCE OF 29.10 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A CENTRAL ANGLE OF 1°24'11'' AND A RADIUS OF 1350.19 FEET AND A POINT ON THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1 AS NOW LAID OUT AND IN USE; THENCE SOUTHWEST, ALONG THE ARC OF SAID CURVE WHOSE CHORD BEARS S28°20'41"W. AND ALONG THE SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 33.06 FEET TO A POINT ON THE WESTERLY PROJECTION OF THE SOUTH LINE OF SAID LOT 26; THENCE N.89°59'58"E., ALONG SAID WESTERLY PROJECTION, A DISTANCE OF 15.50 FEET TO THE POINT OF BEGINNING. CONTAINING 223 SQUARE FEET MORE OR LESS; and, WHEREAS, the City of Delray Beach, Florida, is the owner of Tract 5, a portion of Lot 11, Block 1, Model Land Company's Map of Section 21, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida, being more particularly described as follows: 1 RES. NO. 16-04 DESCRIPTION TRACT 5: A PORTION OF LOT 11, BLOCK 1, MODEL LAND COMPANY'S MAP OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 128, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT A" THE CORNICHE REPLAT 1, ACCORDING TO THE PLAT THEREOF AS RECORDED iN PLAT BOOK 97, PAGE 50, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S.89°58'31-E., ALONG THE SOUTH LINE OF SAID TRACT "A", A DISTANCE OF 4.09 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE S.89°58'31.E., ALONG THE SOUTH LINE OF SAID TRACT "A", A DISTANCE OF 85.34 FEET; THENCE S.32°02'19"W., A DISTANCE OF 48.19 FEET; THENCE N89°58'31,W., A DISTANCE OF 29.71 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHEAST HAVING A CENTRAL ANGLE OF 107°16'55'' AND A RADIUS OF 31.50 FEET; THENCE NORTHWEST, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 58.98 FEET TO THE POINT OF BEGINNING. CONTAINING 2,806 SQUARE FEET MORE OR LESS. WHEREAS, the City of Delray Beach, Florida, is the owner of Tract 7, a portion of Lot 11, Block 1, Model Land Company's Map of Section 21, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida, being more particularly described as follows: DESCRIPTION OF TRACT 7: A PORTION OF LOT 11, BLOCK 1, MODEL LAND COMPANY'S MAP OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 128, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 27, BLOCK 2 OF SAID PLAT OF "MODEL LAND COMPANY'S MAP OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST"; THENCE N.0°23'14-E., ALONG THE WEST LINE OF SAID LOT 27 (SAID LINE ALSO BEING THE EAST LINE OF SAID LOT 11), A DISTANCE OF 24.00 FEET TO A POINT ON A LINE 24.0 FEET NORTH OF AND PARALLEL TO THE WESTERLY PROJECTION OF THE SOUTH LINE OF SAID LOT 27; THENCE N.89°58'31"W., ALONG SAID PARALLEL LINE, A DISTANCE OF 203.74 FEET TO A POINT ON THE EAST 2 RES. NO. 16-04 RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE S.32°03'14"W., ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 28.31 FEET TO A POINT ON THE WESTERLY PROJECTION OF THE SOUTH LINE OF SAID LOT 27; THENCE S.89°58'31"E., ALONG SAID WESTERLY PROJECTION, A DISTANCE OF 218.60 FEET TO THE POINT OF BEGINNING. CONTAINING 5,068 SQUARE FEET MORE OR LESS. WHEREAS, the Delray Harbor Club Association, Inc. is the owner of Tract 2, a portion of the Corniche Replat 1, according to the Plat thereof as recorded in Plat Book 97, Page 50, Public Records of Palm Beach County, Florida, being more particularly described as follows: DESCRIPTION OF TRACT 2: A PORTION OF THE CORNICHE REPLAT 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 97, PAGE 50, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRACT "A" OF SAID PLAT OF "THE CORNICHE REPLAT 1"; THENCE N.0°23'14"E., ALONG THE EAST LINE OF SAID PLAT, A DISTANCE OF 99.90 FEET; THENCE S.32002'19"W., A DISTANCE OF 117.82 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "A"; THENCE S.89°58'31"E., ALONG THE NORTH LINE OF SAID TRACT "A" , A DISTANCE OF 61.82 FEET TO THE POINT OF BEGINNING. CONTAINING 3,088 SQUARE FEET MORE OR LESS. WHEREAS, Flodda Inland Navigation District is the owner of Tract 4, a portion of Tract "A", the Comiche Replat 1, according to the Plat thereof as recorded in Plat Book 97, Page 50, Public Records of Palm Beach County, Florida, being more particularly described as follows: DESCRIPTION OF TRACT 4: A PORTION OF TRACT "A"; THE CORNICHE REPLAT 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 97, PAGE 50, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT "A"; THENCE N.89058'31"W., ALONG THE NORTH LINE OF SAID TRACT "A", A DISTANCE OF 61.82 FEET; THENCE S32°02'19"W., A DISTANCE OF 28.29 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "A"; THENCE S89°58'31"E., ALONG THE SOUTH LINE OF SAID TRACT "A", A DISTANCE OF 76.67 FEET 3 RES. NO. 16-04 TO A POINT ON THE EAST LINE OF SAID TRACT "A"; THENCE N.0°23'14"E., ALONG THE EAST LINE OF SAID TRACT "A", A DISTANCE OF 24.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,661 SQUARE FEET MORE OR LESS. WHEREAS, the City Commission is of the opinion that it would be in the best interest of the City to transfer Tracts 1 and 5 to the Delray Harbor Club Association, Inc. in exchange for the Delray Harbor Club Association, Inc. transferring Tract 2 to the City; the City shall transfer Tract 7 to the Florida Inland Navigational District in exchange for the Florida Inland Navigation District transferring Tract 4 to the City, based upon the terms and conditions set forth in that Real Property Exchange Agreement between Delray Harbor Club Association, Inc., Florida Inland Navigation District and the City 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 does hereby authorize the exchange by Special Warranty Deed of the above-described real property located within the City of Delray Beach as set forth by the terms and conditions of the Real Property Exchange Agreement between the parties, attached hereto as Exhibit "A" and incorporated as if fully set forth herein. Section 2. This Resolution shall be effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the __ day of March, 2004. ATTEST: MAYOR City Clerk 4 RES. NO. 16-04 EXHIBIT "A" REAL PROPERTY EXCHANGE AGREEMENT THIS REAL PROPERTY EXCHANGE AGREEMENT ( 'Exchange Agreement ') is made and entered into this day of ,2004, by and between DELRAY HARBOR CLIJB ASSOCIATION, INC. ("ASSOCIATION"), FLORIDA INLAND NAVIGATION DISTRICT, an independent special taring district authorized under Florida law, whose mailing address is 1314 Marcinski Road, Jupiter, FL 33477 ("FIND"), and the CITY OF DELRAY BEACH, a Florida municipal corporation (the "C~TY"). WITNESSETH: WHEREAS, the ASSOCIATION is the owner of certain real properties graphically depicted and legally described as "Tract 2" in Exhibit A attached hereto and made a part hereof; and WHEREAS, the CITY possesses fights in and to the above-described Tracts 3 and 4 for public street purposes, pursuant to the dadieations set forth in The Comiche Replat 1, as recorded in Plat Book 97, Page 50 of the Public Records of Palm Beach County, Florida, and FIND is the fee simple owner thereof; and WHEREAS, the City is the fee simple owner of Tracts 1, 5 and 6, as graphically depicted and legally described in Exhibit A attached hereto; and WHEREAS, Tracts 5 and 6 are encumbered by a Declaration of Restrictions as recorded in Official Reoord Book 12381, Page 682, of the Public Records of Palm Beech County, Florida ( e 'Declaratmn of Restrietaons ') resulting from FIND's funding of the CITY's acquisition of such property; and WHEREAS, as a result of the exchanges contemplated to take place w/thin this Agreement, the parties are desirous of amending said Declaration of Restrictions to substitute as the deed restricted property Parcels 2 and 4 in lieu of Parcel 5 therein effectively releasing Parcel 5 from such Deed Restrictions; and WHEREAS, the ASSOCIATION has requested the conveyance of Tracts 3 and 5, free of the mineral rights reservations as provided for under Florida Statutes Section 270.11; and WI-m~REAS, in order to facilitate the ASSOCIATION's development plans with respect to a new entryway into their adjoining condominium and in order to facilitate the CITY's development of a public boat ramp project on property the CITY leases from FIND lying to the East of the above-described tracts, the parties are desirous of entering into this Real Property Exchange Agreement to exchange title to the properties in the manner set forth in this Agreement among and between the parties in the manner hereinafter described. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration from one party to the other, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows. 1. Ail of the above recitals are true and correct and are hereby incorporated into this Real Property Exchange Agreement. 2. The CITY agrees to abandon and vacate the public right-of-way it possesses within Tract 3 and Tract 4, either by an abandonment proceeding or the replatring process. 3. FIND agrees to convey: (0to the ASSOCIATION all right, rifle, and interest it has in and to Tract 3, free of the mineral rights reservations provided for in Florida Statutes Secrion 270.11 by Special Warranty Deed, and (ii) to the CITY all right, rifle, and interest it has in and to Tract 4 by Special Warranty Deed. The CITY agrees to convey to the ASSOCIATION all right, title, and interest the CITY has in and to Tracts 1 and 5, flee of the mineral rights reservations provided for in Florida Statutes Section 270.11, by Special Warranty Deed. The CITY agrees to convey by Special Warranty Deed fee simple title to Tract 7 to FIND. FIND agrees to add Tract 7 to that certain Lease Agreement between FIND and the CITY dated March 8, 2000. The CITY will deliver a Phase I Environmental Assessment with respect to Tract 7, in substance reasonably acceptable to FIND. Pursuant to Florida Statutes Section 270.11, the parties hereby acknowledge the ASSOCIATION's petition requesting the conveyance free of mineral rights and reservations on the grounds that there are no known minerals existing within such Tract and given the size of the Tracts which are being conveyed, the mining and/or excavation of the same, in light of the development of the surrounding properties, would not reasonably be expected to occur. 4. The ASSOCIATION agrees to convey to the CITY, by Special Warranty Deed, all right, title and interest the ASSOCIATION has in Tract 2. The CITY agrees to convey fee simple title to the ASSOCIATION in and to Tracts 1 and 5 by Special Warranty Deed. 5. FIND and the CITY hereby agree to execute and record in the Public Records an Amendment to the Declaration of Restrierions to substitute Tracts 2 and 4 in lieu of Tract 5 under said Declaration of Restrierions. 6. Nothing in this Agreement shall waive the requirement for the ASSOCIATION to obtain all permits, fees, plans, and/or inspections from the CITY or any other applicable governmental agency prior to commencing construction on the property received by it as a result of this Real Property Exchange Agreement, and no assurances are being provided to the ASSOCIATION that such approval shall be forthcoming. 7. The parties agree to join into and execute such replatring applications and/or documentation as shall be required to effect the replat of the subject properties in a manner consistent with the development of the site plan attached hereto as Exhibit B, provided .however, that any activities or documentation involved in the replatting will not impact or nnpair the property rights that FIND is receiving with respect to its ownership of Tract 7 8. The parties agree to share equally in all recording costs relative to such exchange of real property, except that the ASSOCIATION agrees to pay all documentary stamp tax due on such transaction. 9. The CITY agrees to obtain for the benefit of each of the parties to this Agreement a Title Insurance Commitment and Policy insuring marketable rifle subject only to those 2 exceptions to title which shall not unreasonably affect marketability in favor of each party to the extent of the respective Pamel which they are receiving as a result of the subject exchanges. The schedule of valnation for such Title Insurance Policy shall be as follows: A. The City of Delray Beach as insured as to Tracts 2 and 4 - $25,000.00. FIND as insured as to Tract 7 - $10,000.00. Delray Had>our Club as insured as to Tracts 1, 3, and 5 - $25,000.00. 10. The CITY agrees to bear all expenses relative to this transaction other than attorneys' fees incurred by the respective parties. These expenses will include but not be !imited to survey expense, recording expense, replatting to the extent required and title insurance pursuant to the provisions in the section above. 1 I. The closing of this transaction shall occur within sixty (60) days fa'om the date of the execution hereof, subject to the following conditions precedent having been met: It is further a condition precedent that the ASSOCIATION shall have obtained the required requisite unit owner approval to authorize the exchanges of the real property contemplated by this Agreement. The ASSOCIATION having obtained a release of Tract 2 fi.om the terms of that certain Agreement Not to Encumber or Transfer Property by and between Delray Harbor Club Association and SunTrust Bank recorded February 7, 2003, in Official Record Book 14774, Page 591 of the Public Records of Palm Beach County, Florida, and fi.om the encumbrances of that certain Covenants and Right of First Re-Purchase recorded in Official Record Book 14698, Page 1186 of the Public Records of Palm Beach County, Florida. The CITY having obtained the release of Tract 5 from the terms of that certain Declaration of Restrictions recorded in Official Record Book 12381, Page 682 of the Public Records of Palm Beach County, Florida, and further obtaining consent for the release of said Tract 5 fi.om Palm Beach County fi.om the terms of that certain Palm Beach County Florida Boating Improvement Program Project Agreement recorded in Official Record Book 12381, Page 688 of the Public Records of Palm Beach County, Florida. C. The CITY having abandoned the public street right-of-way with respect to Tracts 3 and 4, as set forth in the Plat of The Comiche Replat l, as recorded in Plat Book 79, Page 50 of the Public Records of Palm Beach County, Florida. In the event any of the above conditions precedent shall not be accomplished within the time frame set forth above, unless such time flame shall have been extended by the parties in writing, this Agreement shall become null and void. 3 12. AUTHORITY. Each party represents that this Agreement has been duly authorized in accordance with ail requirements of law and governing authority and that the individuals executing this Agreement have legai authority to do so and to bind the entities to the t~mis of this Agreement. 13. COUNTERPART/FACSIMILE. This Agreement may be executed in counterpart. A facsimile copy of this Agreement and any signatures hereon shall be considered for ail purposes as originals. 14. MODIFICATION. No change, amendment, modification or aiteration of this Agreement shail be binding upon either party unless it is in writing and signed by both. 15. WAIVER OF BREACH. The waiver by either party of a breach of any portion of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach. 16. NOTICES. Any notices to be given hereunder by either party to the other shall be effected either by personai delivery in writing or by mail, registered or conSfied, postage prepaid, with return receipt requested. Notices delivered personaily shall be deemed communicated as of actuai receipt; mailed notices shall be deemed communicated as of four (4) days after mailing. 17. INCLUSION OF ENTIRE AGREEMENT HEREIN. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof and contains ail of the covenants and agreements between the parties with respect to such relation in any manner whatsoever. 18. LAW GOVERNING AGREEMENT. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 19. ATTORNEYS' FEES AND COSTS. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shail be entitled to reasonable attorneys' fees, expenses, costs of appeai and neeessaxy disbursements in addition to any other relief to which it may be entitled. 20. ASSIGNMENT. The rights and benefits of this Agreement shall not be assignable by any party without the written consent of the other. IN WITNESS WHEREOF, the parties hereto have executed this Reai Property Exchange Agreement the day and year first above written. Attest: DELRAY HARBOR CLUB ASSOCIATION, INC. By: By: Attest: CITY OF DELRAY BEACH By: Attest: By: By: FLORIDA INLAND NAVIGATION DISTRICT By: MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGE.,.,.,<. AGENDA ITEM $$ ~,- RESOLUTION NO. 19-04 - REGULAR MEETING OF MARCH 11. 2004 MARCH 5, 2004 This is before the Commission for the approval of Resolution No. 1%04 which supports legislation authorizing installation of traffic infraction detection devices at intersections. Recommend approval of Resolution No. 19-04. S:\Cit~ Clerk\agenda memos\Res. No. 19-04 Tratllc Detection Devices.03.11.04 RESOLUTION NO. 19-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING LEGISLATION RFJ.PtTING TO TRAFFIC INFRACTION DETECTION DEVICES AT INTERSECTIONS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE GOVERNOR OF THE STATE OF FLORIDA, THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, TO EACH MEMBER OF THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, TO THE MEMBERS OF THE PALM BEACH COUNTY BOARD OF COMMISSIONERS, TO THE MAYORS OF PALM BEACH COUNTY, TO THE PALM BEACH LEAGUE OF CITIES AND TO THE FLORIDA LEAGUE OF CITIES; PROVIDING FOR A REPEALER CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the United States DepaiUxient of Transportation's Federal Highway Administration has estimated that the running of red lights results in significant costs to Florida citizens; and WHEREAS, in a typical year in Florida over 9,000 crashes at intersections result in nearly 14,000 injuries and over 100 fatalities; and WHEREAS, although automobile crashes at intersections may be caused by many variables, the running of red lights is entirely within the control of chivers; and WHEREAS, the City Commission of the City of Delray Beach finds it to be in the best interests of the health, safety, and welfare of citizens of the City of Delray Beach to support legislation that would authorize the mstalhtion and utilization of traffic infraction detection devices at intersections. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Delray Beach hereby supports legislation that would authorize the installation and utilization of traffic infraction detection devices at intersections throughout the State of Florida. Section 2. The City Clerk is hereby directed to provide copies of this resolution to the Governor of the State of Florida, the president of the Florida Senate, the Speaker of the Florida House of Representatives, to each member of Palm Beach County Legislative Delegation, the Palm Beach County Board of Commissioners, the Mayors of each municipality in Palm Beach County, to the Palm Beach League of Cities, and to the Florida League of Cities. Section 3. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 4. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11m day of March, 2004. ATI'I~ST: MAYOR City Clerk 2 Res. No. 1%04 CITY HALL · 20t WEST PALMETTO PARK ROAD ° BOCA RATON, FLORIDA 33432-3795 ° PHONE: (561) 393-7700 (FOR HEARING IMPAIRED) TDD: (56t) 367-7046 SUNCOM: (561) 922-7700 ~ ......... ...iN. · . . )oca-raton.fl.us !"~i FEB 19 2004 February 13, 2004 · ~ .... ;, '": --- Mayor Jeff Perlman City of Delray Beach 100 N.W. First Avenue Delray Beach FL 33444 FEB ! 9 200/~ CITY MANAGER Dear Mayor Perlman: On February 10, 2004, the Boca Raton City Council adopted Resolution No. 27-2004 in support of legislation that would authorize the installation and utilization of traffic infraction detection devices at intersections throughout the State of FIodda. A copy of Resolution No. 27-2004 is enclosed. a Carannante, CMC City Clerk - AN EQUAL OPPORTUNITY EMPLOYER - Boca FINAL 2110~2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Incorporated 1925 RESOLUTION 27-2004 A RESOLUTION OF THE CITY OF BOCA RATON SUPPORTING LEGISLATION RELATING TO TRAFFIC CONTROL DEVICES AND PERMITTING THE INSTALLATION AND USE OF TRAFFIC INFRACTION DETECTION DEVICES AT INTERSECTIONS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE GOVERNOR OF THE STATE OF FLORIDA, TO THE PRESIDENT OF THE FLORIDA SENATE, TO THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, TO EACH MEMBER OF THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, TO THE MEMBERS OF THE PALM BEACH COUNTY BOARD OF COMMISSIONERS, TO THE MAYORS OF EACH MUNICIPALITY IN PALM BEACH COUNTY, TO THE PALM BEACH LEAGUE OF CITIES, AND TO THE FLORIDA LEAGUE OF CITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE 1 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 WHEREAS, the United States Department of Transportation's Federal Highway Administration has estimated that the running of red lights results in significant costs to Florida citizens; and WHEREAS, in a typical year in Florida over 9,000 crashes at intersections result in nearly 14,000 injuries and over 100 fatalities; and WHEREAS, although automobile crashes at intersections may be caused by many variables, the running of red lights is entirely within the control of drivers; and WHEREAS, the City Council of the City of Boca Raton finds it to be in the best interests of the health, safety, and welfare of the citizens of the City of Boca Raton to support legislation that would authorize the installation and utilization of traffic infraction detection Jevices at intersections; now therefore RATON: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA Section 1. That the City Council of the City of Boca Raton hereby supports legislation that would authorize the installation and utilization of traffic infraction detection devices at intersections throughout the State of Florida. Section 2. That the City Clerk is hereby directed to provide copies of this resolution to the Governor of the State of Florida, to the President of the Florida Senate, to the Speaker of the Florida House of Representatives, to each member of the Palm Beach County Legislative Delegation, to the Palm Beach County Board of Commissioners, to the Mayors of each municipality in Palm Beach County, to the Palm Beach League of Cities, and to the Florida League of Cities. Section 3. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. 2 1 Section 4. All resolutions or parts of resolutions in conflict herewith shall be and 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 hereby are repealed. day of Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Boca Raton this fd ''~ CITY OF BOCA RATON, FLORIDA ATTEST: Carannante, City Clerk Steven L. Abrams, Mayor MAYOR S3'EVEN L ABRAMS ,,?""~ DEPUTY MAYOR SUSAN WHELCHEL COUNCIL MEMBER BILL HAGER COUNCIL MEMBER SUSAN HAYNIE '~,~ 3 [lTV OF DELRI:IV BEI:I[H CITY ATTORNEY'S OFFICE DELRAY BEACH DATE: TO: February 26, 2004 FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7090 MEMORANDUM (Revised) City Commission David T. Harden, City Manager Terrill Pybum, Assistant City Attorney SUBJECT: Authorization to Quiet Title to 6 of the 7 Parcels Acquired from the County On or around January 6, 2004, the City Commission agreed to accept seven (7) parcels that the County offered to the City. All of the seven (7) parcels were acquired by the County by tax deed sale. According to Section 197.592(3), Florida Statutes, "Liens of record held by the county on such parcels conveyed to a municipality shall not survive the conveyance of the property to the municipality." The problem, however, is that the transfer from the County to the City only extinguishes County liens on the property in the event that the Clerk of the Court noticed the sale correctly. Therefore, property transferred by a tax deed sale is not considered insurable within the first four (4) years after the transfer is made without a quiet title action to ensure that the transfer was done properly and that all of the parties involved were appropriately noticed of the sale. Of the seven (7) parcels received by the City, the Department of Community Improvement has decided to use six (6) of the parcels for the City's Renaissance Housing Program with the remaining one (1) parcel to be used for drainage retention or other purposes. The six (6) parcels that the City plans to use for the Renaissance Housing Program are; 1) 2) 3) 4) 5) State survey lot, N.W. 2nd Street (PC #12-43-46-16-01-018-0060) Atlantic Park Gardens, N.W. 12Ih Avenue (PC #12-43-46-17-18-001- 0280), Atlantic Park Gardens, S.W. 13Ih Avenue (PC #12-43-46-17-18-002- 0130), Atlantic Gardens, S.W. 11th Avenue (PC #12-43-46-17-23-006-0230), Lincoln Park, S.W. 9Ih Avenue (PC #12-43-46-17-38-000-0290), City Commission David T. Harden, City Manager Februa~ 26, 2004 Page 2 6) Sunset Park, S.W. 2nd Avenue (PC #12-43-46-20-16-000-0510). Therefore, the City should quiet title to the six (6) parcels individually listed in order to make the title to these parcels insurable. The remaining parcel should be looked at to determine if a quiet title action is necessary once the City has decided what it intends to do with it. Please place this matter on the next City Commission agenda for consideration. Please let me know if you have any questions. Thank you. TCP:smk cc: Barbara Garito, City Clerk [IT¥ OF DELRI1¥ BEI1[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Afl.knedca City TO: FROM: MEMORANDUM (Revised) February 26, 2004 City Commission David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney Writer's Direct Line: 561/243-7090 SUBJECT: Authorization to Quiet Title to 6 of the 7 Parcels Acquired from the County On or around January 6, 2004, the City Commission agreed to accept seven (7) parcels that the County offered to the City. All of the seven (7) parcels were acquired by the County by tax deed sale. According to Section 197.592(3), Florida Statutes, "Liens of record held by the county on such parcels conveyed to a municipality shall not survive the conveyance of the property to the municipality." The problem, however, is that the transfer from the County to the City only extinguishes County liens on the property in the event that the Clerk of the Court noticed the sale correctly. Therefore, property transferred by a tax deed sale is not considered insurable within the first four (4) years after the transfer is made without a quiet title action to ensure that the transfer was done properly and that all of the parties involved were appropriately noticed of the sale. Of the seven (7) parcels received by the City, the Department of Community Improvement has decided to use six (6) of the parcels for the City's Renaissance Housing Program with the remaining one (1) parcel to be used for drainage retention or other purposes. The six (6) parcels that the City plans to use for the Renaissance Housing Program are: 1) 2) 3) 4) 5) State survey lot, N.W. 2nd Street (PC #12-43-46-16-01-018-0060) Atlantic Park Gardens, N.W. 12Ih Avenue (PC #12-43-46-17-18-001- 0280), Atlantic Park Gardens, S.VV. 13th Avenue (PC #12-43-46-17-18-002- 0130), Atlantic Gardens, S.W. 11th Avenue (PC #12-43-46-17-23-006-0230), Lincoln Park, S.W. 9Ih Avenue (PC #12-43-46-17-38-000-0290), City Commission David T. Harden, City Manager February 26, 2004 Page 2 Therefore, the City should quiet title to the six (6) parcels individually listed in order to make the title to these parcels insurable. The remaining parcel should be looked at to determine if a quiet title action is necessary once the City has decided what it intends to do with it. Please place this matter on the next City Commission agenda for consideration. Please let me know if you have any questions. Thank you. TCP:smk cc: Barbara Garito, City Clerk [IT¥ I)F I)ELRI:I¥ BEACH CITY ATTORNEY'S OFFICE 200 ^v,,,,. .444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: March 2, 2004 TO: Writer's Direct Line: 56t/243-7091 MEMORANDUM FROM: City Commission . ~ Brian Shutt, Assistant City Attorney SUBJECT: Amendment No.1 to the "PIM" Agreement The City entered into an agreement with Player's International Management, Inc., (PIM), on November 26, 2002. That agreement provides that PIM shall hold the USTA 12 & under national spring championships at the Tennis Center. The parties now wish to amend the Agreement as follows: Change the name of the Event from "USTA 12 & Under Super National Spring Championships at the Delray Beach Tennis Center" to "USTA Boys & Girls 12's National Spring Championships hosted by the City of Delray Beach" Clarify that the City will provide teaching programs to either the boys and girls, but not both, as the boys and girls do not play at the same venue at the same time (i.e. one year the girls will play at Delray Beach while the boys play at other venues outside the City then the following year the boys may play at Delray Beach while the girls play at other venues) Clarify that the City shall only have the racquet stringing concession at its venues. Clarify advertising requirements regarding TV coverage and the placement of the City's name in all advertising, promotional and press materials. By copy of this memo to David Harden, our office requests that Amendment No. 1 be placed on the March 11, 2004 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Robert Barcinski, Asst. City Manager AMENDMENT NO. 1 TO THE AGREEMENT BE'I'VVEEN THE CITY AND PLAYERS INTERNATIONAL MANAGEMENT~ INC. THIS AMENDMENT NO. 1 to the Agreement with PLAYERS INTERNATIONAL MANAGEMENT, INC. is made this day of ,2004, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City"), and PLAYERS INTERNATIONAL MANAGEMENT, INC., ("PIM"). WITNESSETH: WHEREAS, the City and PIM desire to amend the Agreement to clarify the name of the sporting event, advertising for .the sporting event and the location of certain activities associated with the sporting event. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The name of the sporting event shall be changed from "USTA 12 & Under Super National Spring Championships at the Delray Beach Tennis Center" to "USTA Boys & Girls 12's National Spring Championships hosted by the City of Delray Beach". 2. Paragraph 3(a)(ix) shall be changed to reflect that the City shall only have the racquet stringing concession at the Delray Beach Tennis Center and the Delray Swim & Tennis Club. 3. Paragraph 3(a)(x) shall be changed to provide that the City shall provide teaching programs to either the boys or girls, but not both at the same time. The teaching programs, as provided herein, shall occur prior to and during the commencement of the sporting event. 4. Paragraphs 5(c), (d) and (e) shall be changed to delete the word "Inclusion" and to replace it with ~Preminent placement". 5. Paragraph 16(c) is changed as follows: PIM will secure, at a minimum, reqional television coverage for the Event and PIM shall ensure that such television coverage of the Event shall specifically mention the CITY as the host in the opening of each and every broadcast. If PIM fails to provide television coverage for the Event, PIM shall pay $10,000.00 to the CITY within 30 days of the conclusion of the Event. 6. Applicability. All other terms of the original Agreement and amendments thereto remain in full force and effect, except as expressly modified herein. 7. Effective Date. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this ATTEST: day of City Clerk Approved as to form: ,2004. CITY OF DELRAY BEACH, FLORIDA By: Jeff Perlman, Mayor City Attorney WITNESSES: ?, .~,~. ~., ~..,, ~-~ (Name printed or typed) PLAYERS INTERNATIONAL MANAGE- MENT, INC. (Name p~inted or ty'ped) (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~-u~'~ay of '~r~O.:~ ,2004 by ~($ ,~o-ron~ Or,si )~*~,~'{'"(name of officer or agent, title of officer or agent) of ~)~e~/~'~m~'bm(z~ ~VL~.n ~r (nc_. ~n~ ~name of corporation acknowledging), a ~-'~od~.~.~,_ (state or place of incorporation) corporation, on behalf of the corporation. H..._e/She is?__.ersonally known to me or has produced (type of identification) as identification. Signatu~ of Notary Public - State of Florida 3 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~' Pt - REGULAR M~F. TING OF MARCH 11, 2004 CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT MARCH 5, 2004 This is before the Commission to approve one (1) sub-recipient agreement for funding and acceptance of funds in the amount of $15,625.00 between the City of Delray Beach and the Delray Beach Housing Authority for SEEDTECH Technology under the Weed & Seed program for FY 2003-2004. Funding is available from 115-2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid). Recommend approval of the agreement for funding and acceptance of funds under the Weed and Seed program for FY 2003-2004. S:\City Clerk\agenda memos\2003-2004 Weed and Seed.03.11 .IM To: David Harden, Delray Beach City Manager From: Sharon L'Herrou, Weed & Seed Program Mana Date: February 19, 2004 Re: Seed Tech contract Attached, please find an agreement for Funding and Acceptance of Funds between the City of Delray Beach and Delray Beach Housing Authority for SEEDTECH Technology for the period of October 1, 2003 - February 29, 2004. This agreement is a continuation of the SEEDTECH initiative which began April 1, 2002. Weed & Seed in Delray Beach was established to serve as an additional resource to existing programs and services and to assist with facilitating partnerships and resource development. The grant funds received from the U.S. Department of Justice, Executive Office for Weed & Seed were received to support initiatives such as this. The allocation of these funds is an eligible use of these grant funds has been approved by the Executive Office for Weed & Seed. SEEDTECH is an innovative program to provide technological skills to youth, unemployed and underemployed adults and small businesses in the communities; and works to prepare community members for full participation in the information age and the 21st century job market. The Delray Beach Housing Authority will utilize the SEEDTECH program model, a copyright of the UTC (Urban Technology Center) to fulfill services through February 2004. After that point the SEEDTECH program is being relocated to a new location within the designated Weed & Seed area. CC: Chevelle Nubin David Junghans Captain Musco AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND DELRAY BEACH HOUSING AUTHORITY FY2003-2004 (October 1, 2003 - September 30, 2004) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this 11th day of March, 2004, between the City of Delray Beach, hereinafter referred to as "City" and Delray Beach Housing Authority, hereinafter referred to as "AGENCY", having its principal office located at 141 S. W. 12t~ Avenue, Delray Beach, Florida, is related to the provision, as per the budget approval by the City Commission on ., 2004 and retroactively effective October 1, 2003 threu.qh February 29, 2004, of $15,625 in Department of Justice, Executive Office for Weed and Seed {DOJ/EOWS) funds upon the following terms and conditions: The awarded EOWS funds are allocated as follows: $15,625 to implement and administer the SEEDTECH Technology Center program at Carver Estates Housing Complex (see attached Budget Attachment "C") from October 1, 2003, through February 29, 2004. 1. Definitions: "City" means the City of Delray Beach, Florida "DO J" means U.S. Department of Justice "EOWS" means Executive Office for Weed and Seed "W&S" means Weed and Seed "The Agency" means Delray Beach Housing Authority "UTC" means National Urban Technology Center Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of federal DOJ/EOWS funds. The Agency will implement and administer the SEEDTECH Technology Center herein referred to as SEEDTECH at the Carver Estates Housing Complex. SEEDTECH is an initiative created in partnership with the EOWS and the UTC to provide Weed and Seed communities with the essential 21st century resource needed to empower communities. The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project funded under this agreement must provide services to residents within the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South and shall not be limited to the Housing Authority residents. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit requests for reimbursement of approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Reimbursement requests and programmatic reports should be submitted simultaneously. The City agrees to disburse payments upon the receipt of each required "request for reimbursement", and receipt of required programmatic repods and necessary data (as determined by the City), covering the month for which reimbursement is requested. Disbursements will be available approximately the first working day of each month, commencing one month following the execution of this agreement and the receipt of required documentation described above and continuing through September 30, 2004. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $15,625 for the period of October 1, 2003 through February 29, 2004. All release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Delray Beach Weed & Seed Program Manager. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS, whichever is later. The services of AGENCY shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2003 will be processed. All service required hereunder shall be completed by AGENCY by February 29, 2004. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each prevision of this agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the City. Records and Reports: The Agency agrees to provide the City programmatic progress reports that outline the program activities, progress made, number of participants enrolled, problems encountered and proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10th of the month for the preceding month). Additionally, a final report summarizing results for the funding period (October 1, 2003 - September 30, 2004) is due by October 10, 2004. Reimbursement payments will not be released without the submission of the required reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by the City or DOJ/EOWS. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from October 1, 2004. 10. Program-Generated Income: All income earned by Agency from activities financed by DOJ/EOWS funds must be reported to the City. In addition to reporting such income, Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this agreement, the prior written approval of the City will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. Other Program Requirements (Civil Rights/Resident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. The Agency certifies that required background screenings will be conducted on ALL employees and volunteers working with youth or other vulnerable/protected individuals. To the greatest feasible extent, Iow-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project target area shall be awarded contracts in connection with the project. Public Relations Requirement: Grantees shall acknowledge, to the extent feasible, the Weed & Seed funding of the project in annual reports, bulletins, publications, and other public relations activities of the grantee. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City and/or DOJ/EOWS copies of transcriptions of such records and information as is determined necessary by the City, The Agency shall submit (on a monthly basis) and at other times upon the request of the City, information and status reports required by the City, and/or DOJ/EOWS on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow the City or DOJ/EOWS to monitor Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the City and DOJ/EOWS. Audits and Inspections: At any time during normal business hours and as often as the City, DOJ/EOWS, or the Comptroller General of the United States may deem necessary, there shall be made available by Agency to the City, DOJ/EOWS or the Comptroller General for examination all its records with respect to all matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to 11. 12, 13. submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations with 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. A Certified Public Accountant of AGENCY choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of AGENCY as defined by A-133. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Cimular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exemises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon termination for convenience or for cause, the City shall pay the sub-recipient Agency for satisfactory services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the grant to the City under Title I of the Omnibus Crime Control and Safe Streets Acts of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated; this agreement shall be suspended or terminated effective on the date U. S. DOJ specifies and all payments are contingent upon the release of funds from the DOJ/EOWS. 14. 15. 16. 17. 18. 19. Leveraging: AGENCY agrees to seek additional supportive or replacement funding from at least five other funding soumes (during the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U. S. DOJ funds. Proposals to other agencies will be made in writing and a copy of such provided to the City. Independent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency} certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a) requires this notice. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall transfer to the City any Weed and Seed funds on hand at the time of expiration and any accounts receivable attributable to the use of Weed and Seed funds. Additionally, where applicable, any real prepedy under the sub-recipient's control that was acquired or improved in whole or in part with Weed and Seed funds in excess of $25,000 must be used to meet one of the national objectives of the Weed and Seed Program (per 24CFR Part 570) until five years after expiration of the agreement. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. Hold Harmless and Indemnification Clause: The Delray Beach Housing Authority hereby agrees to premise to indemnify and hold harmless the "City" and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving of said funds. 5 WITNESSES: Agency/Sub. recipient:.'~,~/~ Signed B~ CITY OF DELRAY BEACH, FLORIDA Signed By: ATTEST: CITY CLERK D AS TO FORM'~ Attachment "A ' Scope of Service SEEDTECH is an innovative program to provide technological skills to youth, unemployed and underemployed adults and small businesses in the communities; and works to prepare community members for full participation in the information age and the 21st century job market. The Agency shall provide the following services: Project Management The Agency will insure the highest degree of quality in its service delivery of the SEEDTECH program. The Agency will utilize the SEEDTECH program model, a copyright of the UTC (Urban Technology Center), and follow its curriculum to develop and implement the program. The Agency agrees to provide the space needed to implement the program as an in-kind contribution to the program. The Agency will oversee all aspects of program development and management in accordance with the SEEDTECH program model. The Agency will work with the community residents to improve and enhance its service delivery. Program Reports The Agency shall submit monthly program reports that provide details on program activities, progress made, number of participants served, utilization rate, volunteers/partners recruited, a schedule and the types of classes offered, satisfaction of participants, problems encountered and proposed solutions as well as any anecdotal evidence of program success. Program reports will be due on the 10· of each month for the preceding month. Financial Reimbursement Requests and Program Reports should be submitted simultaneously. Additional support documentation such as copies of sign-in sheets and graduation cedificates may be required. Program Process · Provide at a minimum of eight (8) computer classes per week; · Achieve 70% utilization of computer classes offered; · Develop a pool of volunteers not less than five (5) volunteers to assist with program services and enhancements; · Establish and maintain an environment conducive to learning to insure program continuation; · Establish an on-going recruitment and public relations campaign; and · Seek additional supportive or replacement funding from at least five (5) other funding sources · Employees and volunteers working with youth and residents will be appropriately screened 7 Attachment "C" BUDGET REVENUE - Proposed WEED & SEED .............................................. $37,500 Delray Beach housing Authority ..................................... $17,846 Personnel Salaried: Salary Benefits. Program Administrator $30,000 $5,000 Hourly: Rate Hours Trainers (class Hours) $10.00 780 TOTAL PERSONNEL: No. Total $35,000 Total $7,800 $42,800 Facilities Sq. Feet No. Months SPer Month Total Training Center 800 Classroom(In-Kind by DBHA) TOTAL FACILITIES: 12 75O $9,000 $9,000 Operating Expenses Internet Service Provider Telephone Services Security System Utilities (Water & Electric) TOTAL OPERATING EXPENSES: 12 12 12 12 $100 $40 $20 $135.50 $1,200 $480 $240 $1,626 $3,546 Summary of Annual Expenses Personnel Facilities (Agency In-Kind Contribution) Operating Expenses Class Expenses Marketing Expenses TOTAL ANNUAL EXPENSES: $42,800 $9,00O $3,546 0 0 $55,346 Weed & Seed funding allocated for fiscal Year 2003- 2004:$37,500 Monthly Allocation: $3,125 Funding allocation for October 1, 2003 - February 29, 2004:$15,625 applied to Personnel expenses 8 WEED & SEED FUNDS WILL BE APPLIED TO PERSONNEL EXPENSES 9 Page 1 of 1 Harden, David From: L'Herrou, Sharon Sent: Friday, February 27, 2004 1:05 PM To: Harden, David Cc: Taylor, Patricia; Bauer, Gerri; Musco, Robert A. Subject: RE: Report for City Manager Mr. Harden, per your request, attached you will find the annual report on the Seed Tech computer lab, provided to my office by Russo Consulting, for the period of October 1, 2002 - September 30, 2003. I'm not sure how familiar you are with the history of the Seed Tech lab. The contract with the Delray Beach Housing Authority (subcontracted to Russo Consulting) was the result of an agreement originated by Regina Scott during her tenure with Weed & Seed. Since my hire last April, I have worked closely with the project outlining goals and reporting standards as well as conducting site visits. Based on a number of factors, the local Weed & Seed Board recently decided to relocate the lab and conclude Weed & Seed's agreement with the Housing Authority as of Feb. 29, 2004. The Seed Tech lab will be moved to Pompey Park, and a new agreement is being developed. The current contract with the Housing Authority for the period of October 1, 2003 - February 29, 2004 is simply to formalize the gentleman's agreement which the lab has been working under and to permit payment as owed to the Housing Authority for services rendered during that period. I would appreciate the opportunity to share with you a brief synopsis of the history and to communicate our plan of action for moving forward. Sincerely, Sharon L'Herrou Program Manager Delray Beach Weed & Seed (561) 266-0266 ..... Original Message ..... From: Taylor, Patricia Sent: Tuesday, February 24, 2004 2:12 PM To: L'Herrou, Sharon Cc: Bauer, Gerri Subject: Report for City Manager Hi Sharon: In reference to the Seed Tech contract, Mr. Harden wants to see the first year's program report. Gerri: When I asked Chief for this repod, he said Sharon would have it. Paffy Taylor Executive Assistant Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, FL 33444 1561) 243-7851 (office) (561 } 243-7824 (fax) 2/27/2004 Request to be placed on: XX Consent Agenda When: 3/2/04 Description of agenda item: AGENDA REQUEST Date: 2/19/04 Special Agenda Workshop Agenda City Commission approval of attached contract between the City of Delray Beach and the Delray Beach Housing Authority for $15,625 retroactively effective October 1,2003 - February 29, 2004 to operate the Seed Tech computer lab. Contract funds are available and approved through the Department of Justice, Executive Office of Weed and Seed Grant. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: Recommendation: Approve agenda request. YES NO X YES NO Department Head Signature: F_~¢~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): See signature on attached contract Budg.et Director. Review v.ZA ~.,.c g,~~ (required on all items invol~g expen)~re of funds): Funding available: Yes Funding alternatives (if applicable): N/A Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Action: X No 115-2125-521-83.01 Weed & Seed: Other Gran~ & Aid: Consultant~Contract $94,270 No Approved: Disapproved: P.O.# MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM # ~"~ - REGULAR MEETING OF MARCH 11. 2004 CHANGE ORDER NO. 2/FINAL PAYMENT/MORA ENGINEERING CONTRACTORS. INC. MARCH 5, 2004 This is before the City Commission to approve Change Order No. 2 m the net deduct amount of $4,081.14, and final payment in the amount of $14,267.78 to Mora Engineering Contractors, Inc. for the Reclaimed Water Main Construction, High School Site Project. Funding is available from 441-5181-536-65.96 Cgqater & Sewer/Reclaimed Water Transmission). Recommend approval of Change Order No. 2 and final payment to Mora Engineering Contractors, Inc. for the Reclaimed Water Main Construction, High School Site Project. S:\City Clerk\agenda memos\Final Payment. Mom Engineeang.03,11.04 City Of Delray Bea.ch Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: www. rnydelraybeach, com DAVID HARDEN, City Manager VICTOR MAJTE~truction Manager RECLAIMED WATER, HIGIt SCItOOL SITE (P/N 2004-020) Agenda Request; Change Order #2FFinal and Final Payment MARCH 2, 2004 Attached for Commission approval is an agenda request for closeout Change Order #2/Final to Mora Engineering Contractors, Inc. on the Reclaimed Water Main Construction at the High School Site project, PN 2004-020. It is for the final plus/minus quantity adjustments and miscellaneous changes to the original contract. Change Order #2/Final is a net deduct in the amount of $4,081.14. A request is also made for final payment in the amount of $14,267.78. Change Order #1 was approved on December 9, 2003, in the amount of $36,985.64, for quantity adjustments to the original contract. Residual funds to be liquidated from P.O. #616434, account 441-5181-536-65.96, Water & Sewer Fund/Reclaimed Water Transmission. A Contractor Evaluation is also attached. CC~ Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestere; Dep, Dir. of Construction City Clerk's Office Agenda File 03/11/04 Project File 2004-020(A) S 5EngAdmin~Projects~2004~2004-020\CONSTRCTxAgd mem CO 2Fin 03.11.04.doc CHANGE NO. PROJECT TITLE: TO CONTRACTOR: CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT 2/Final PROJECT NO. 04-020 Reclaimed Water Main Construction, West Side of E-4 Canal Mora Engineering Contractors, Inc. DATE: 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: Complete changes to project per the attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THIS CHANGE ORDER 3.7 % TOTAL PER CENT INCREASE TO DATE 29.9 % $109,773.37 $36,985.64 $146,759.01 ($4,081.14) $142,677.87 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Mora Engineering Contractors, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from accounts: 441-5181-536-65.96 (-$4,081.14) DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: Environmental Services Mayor APPROVED: ATTEST: By: City Attorney City Clerk S:~EngAdmin\Projects~2OO4~2OO4-O20\CONSTRCT~CO#2Fin .mots 03.11.04.doc Agenda Item No. ~ Request to be placed on: AGENDA REQUEST Date: March 2, 2004 --X-Regular Agenda Special Agenda Workshop Agenda When: March 11, 2004 Description of item (who, what, where, how much): Approval of Change Order #2/Final in the deduct amount of $4,081.14 to Mora Engineering Contractors, Inc., on the Reclaimed Water Main Construction at the High School Site project, PN 2004-020. It is for the final plus/minus quantity adjustments and miscellaneous changes to the original contract as itemized on the attached Exhibit A to Change Order #2/Final. In addition, approve final payment in the amount of $14,267.78. Residual funds to be liquidated from P.O. #616434 to account 441-5181-536-65.96, Water & Sewer Fund/Reclaimed Water Transmission Main. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recomj:P~ends approval of Change Engineering C°ntract°rs' Inc' Department head signature: Determination of Consistency with Comprehensive Plan: Order #2/Final and Final Payment to Mora City Attorney Review/Recommendation if applicable):. Budget Director Review (re~dr.~d on ail items involving expenditure of funds): Funding available:(~.~N 0 Funding alternatives~qf applicable): see above Account No. & Description ,~/..// Account Balance ~ ,/ ~0,// City Manager Review: ' ' Approved for agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:~EngAdmin~Projccts~2004~2004-020\CONSTRCT~AgRcq CO2Fin 03.11.04.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 11. 2004 GRANT AWARD FOR HOUSING REHABILITATION CONTRACT MARCH 5, 2004 This is before the Commission to consider approval of the following housing rehabilitation contracts: · $16,091.25 to Craftsman Plus, Inc. for 322 S.W. 1st Avenue · $24,638.25 to Sun Band Builders for 402 S.W. 15m Avenue · $20,921.25 to Henry L. Haywood for 323 N.W. 4m Avenue Funding for the total amount of $61,650.75 for these grants is available from 118-1924-554-49.19 (Community Development/State Housing Imtiatives Parmership (SHIP) Grant/Housing Rehabilitation). Recommend approval of the housing rehabilitation grant/contract awards as outlined above. S:\City Clerk\agenda memos\CDBG Housing Rehab Award.03.11.04 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager d j[~qt, Kendra W. Graham, C. D. Administrator IL/v\ ~ Lula Butler, Community Improvement Director ~t[// February 20, 2004 Community Development Division Housing Rehabilitation Grant Award ITEM BEFORE THE COMMISSION Approval is requested for three (3) Housing Rehabilitation grant awards to the lowest responsive bidders. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder, plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. RECOMMENDATION Staff recommends awarding the bid for three (3) Housing Rehabilitation projects to the verified responsible low bidders and authorize awards in the following amounts: Case Number Address Contractor Grant Amount 01-042 HR 322 SW 1st Avenue Craftsman Plus, Inc. $16,091.25 03-037 HR 402 SW 15th Avenue Sun Band Builders $ 24,638.25 02-017 HR 323 NW 4th Avenue Henry L. Haywood $ 20,921.25 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: . 2004-17 SH APPLICANT: Leonard Quince Jr. PROJECT ADDRESS: 322 SW 1st Avenue DATE OF BID LETTERS: January 22, 2004 DATE OF BID OPENING: February 5, 2004 NAME OF CONTRACTORS ABISSET CORPORATION ALPHA SOUTH CONSTRUCTION CRAFTSMAN PLUS, INC. DANIEL MORGAN HENRY L. HAYWOOD PAUL HENSEL CONSTRUCTION PRESTON CONSTRUCTION SOUTH FLORIDA CONSTRUCTION HORIZON ROOFING PETITO ROOFING WRIGHTS WAY ROOFING DO ALL CONTRACTING, INC. AMOUNT OF BIDS $ 24~200.00 $ $ 15,325.00 $ $ 17,425.00 $ $ 16,550.00 $ IN-HOUSE ESTIMATE $ 13,467.00 CONTRACTOR AWARDED CONTRACT: Craftsman Plus~ Inc. BID/CONTRACT AMOUNT: $15~325.00 + 5 % Contingency (766.25) = $16,091.25 FUNDING SOURCE: State Housing Initiatives Partnershin (SHIP] Housing Rehabilitation Account No. 118-1924-554-49.19 COMMENTS: Removed electric heater, repair cabinets and interior painting. Bid is within 15% of in-house which is acceptable. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2004-19 SH APPLICANT: Margaret Wims PROJECT ADDRESS: 402 SW 15th Avenue DATE OF BID LETTERS: January 29~ 2004 DATE OF BID OPENING: February 12, 2004 NAME OF CONTRACTORS ABISSET CORPORATION ALPHA SOUTH CONSTRUCTION CRAFTSMAN PLUS, INC. SUN BAND BUILDERS HENRY L. HAYWOOD PAUL HENSEL CONSTRUCTION PRESTON CONSTRUCTION SOUTH FLORIDA CONSTRUCTION HORIZON ROOFING PETITO ROOFING WRIGHTS WAY ROOFING DO ALL CONTRACTING, INC. AMOUNT OF BIDS $ 23~725.00 $ 23~465.00 $ IN-HOUSE ESTIMATE $ 21,346.30 CONTRACTOR AWARDED CONTRACT: Sun Band Builders BID/CONTRACT AMOUNT: $ 23,465.00 + 5 % Contingency (1~173.25) = $ 24,638.25 FUNDING SOURCE: State Housing Initiatives Partnership (SHIP) Housing Rehabilitation Account No. 118-1924-554-49.19 COMMENTS: CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2004-19 SH APPLICANT: Ollie Jones PROJECT ADDRESS: 323 NW 4Ch Avenue DATE OF BID LETTERS: January 29, 2004 DATE OF BID OPENING: February 12, 2004 NAME OF CONTRACTORS ABISSET CORPORATION ALPHA SOUTH CONSTRUCTION CRAFTSMAN PLUS, INC. SUN BAND BUILDERS HENRY L. HAYWOOD PAUL HENSEL CONSTRUCTION PRESTON CONSTRUCTION SOUTH FLORIDA CONSTRUCTION HORIZON ROOFING PETITO ROOFING WRIGHTS WAY ROOFING DO ALL CONTRACTING, INC. AMOUNT OF BIDS $ $ $ 20,175.00 $ $ 19~925.00 $ $ 19~995.00 $ IN-HOUSE ESTIMATE $ 18~380.35 CONTRACTOR AWARDED CONTRACT: Henry L. Haywood BID/CONTRACT AMOUNT: $19,925.00 + 5 % Contingency (996.25} = $ 20,921.25 FUNDING SOURCE: State Housing Initiatives Partnership (SHIP) Housing Rehabilitation Account No. 118-1924-554-49.19 COMMENTS: Agenda Item No.: AGENDA REQUEST Request to be placed on: X Regular Agenda __ Special Agenda Workshop Agenda __ Consent Agenda Date: February 20, 2004 When: Marclx~, 2004 Description of item: (who, what, where, how much): Case Number Address Contractor Grant Amount 01-042 HR 03-037 HR 02-017 HR 322 SW 1st Avenue 402 SW 15th Avenue 323 NW 4th Avenue Craftsman Plus, Inc. Sun Band Builders Henry L. Haywood $16,091.25 $ 24,638.25 $ 20,921.25 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends approval of three (3) State Housing Initiative Partnership (SHIP) Housing Rehabilitation Grants and Contract awards from Account 118-1924-554-49.19 in the amounts listed above for a total award of $ 61,650.75. SHIP Total: *61,650.75 Acco/unfl~u~._~!~er: 118-1924-554.49.19 Department Head Signature: ~ff~(~ City Attorney Review/Recommendation (if applicable):. of funds.):.u Budget Director Review (required on all items involving expenditure ~'M~' Funding Available: ~'~S/NO Funding Alternatives: (if applicable) Account No. & Description://j}~/¢~t¢-.~t/-q~. Account Balance:#~/~ ?o~' City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: £1T¥ DF DELRI:I¥ BEI:II'H DELKAY BEACH Ali-America City 1993 2001 100NW 1st AVENUE QELRAY BEACH, FLOF~IDA 33444 MEMORANDUM TO: FROM: David T. Harden City Manager ~obert A. Barcinski Assistant City Manager DATE: February 26, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 11, 2004 APPROVAL SPECIAL EVENT REQUEST 6th ANNUAL GARLIC FESTIVAL ACTION City Commission is requested to endorse the Sixth Annual Garlic Festival to be held on November 12th through 14th, 2004, to grant a temporary use permit per LDR's Section 2.4.6(H) for use of City rights-of-way (NE Ist Avenue from Atlantic to NE 1st Street and NE 2nd Avenue from the alley just north of Atlantic to NE 1st Street on November 11 th at 6:00 a.m.) and the north side of City Hall parking lot. The applicant is also requesting a waiver of LDR's Section 4.6.7 (D)(3)O) (ii), to allow signage and banners to be placed more than one (1) week prior to the event, and to provide staff support as outlined in the attached letter. BACKGROUND Attached is an event permit and letter from Nancy Stewart, Executive Director of Delray Beach Arts, Inc., requesting City Commission to endorse the Sixth Annual Garlic Festival, to usc City rights-of-way, to place signagc and banners up two to three (3) weeks before the event, and to provide staff support for security, barricading, clean up, stage set up, banner hanging, and other assistance as outlined. Thc event sponsor will bc responsible for liability insurance, event management, and set up. Thc estimated overtime cost for this event is $20,400. Stage rental is $1,590 and signagc costs are $250, for a total estimate of $22,240. Last years overtime costs were approximately $20,031. Proceeds from the event will again bc shared with volunteer organizations. Last year $8,750 was disbursed to various organizations (see attached). 561/'243 7000 THE EFFORT ALWAYS MATTERS Agenda Item Page 2 The event sponsor has filed for a 501(c) 3 status. Per existing event policies the event sponsor will be required to pay 75% total costs over $10,000, which will include any rental of equipment. Attached are an event budget, site plan and information concerning previous year's charitable contributions. The event sponsor has obtained a contract for the use of the Old School Square site as well as an agreement with the CRA for the use of their parking lot. RECOMMENDATION Staff recommends endorsement of thc event, granting the temporary usc permit, waiving the sign code, and providing staff assistance as requested with thc following conditions: · Receipt ora certificate of insurance and hold harmless agreement · Receipt of liquor liability insurance certificate · Liquor cannot be served prior to noon on Sunday · Event sponsor to pay for City services based on charges in effect at the time of the event · Event sponsor required to provide on-site dumpster service for vendors · Event sponsor required to provide grease disposal barrels on-site for vendors RAB/tas File:u:sweeney/events Doc:Garlic Festival 2004 City of Delray Beach Special Event Permit Application PLEASE PRINT Event Name/Title: Event Time{s): .,5--[ Event Sponsor/Producer: ve.t Co taorCoo i. to : 1993 2001 /A/ff' Name: //J'¢2 ~z..~ Address: I~ Telephone Number:...~,~,~,~,~,~,~,~d-o~'7-/-<7~(~ Cell(Jlar Number: E-mail Address: Sponsor Category (please check) City [] Non-Profit/Charitablex Private Co-Sponsor- Non-Profit/Private [] (If Non-profit attach proof of 501c(3) or (d)) Event Location (Describe area boundaries of event/location): ~,,:7 Lo~ Site plan attached yes ~ (Site plan required for entire event site) no Event budget attached (Required for all events) yes /~ no Serving or selling alcoholic beverages yes ~ no (If yes, copy of license and alcohol liability insurance required two (2) weeks ~/rior to event) ] Event certificate of insurance attached yes no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music (Waiver required) Requesting Police assistance (traffic control/security) Will supplement with private security (If yes, need plan attached) yes yes yes no no no Requesting Emergency Medical assistance yes Requesting barricade assistance yes no no Requesting trash removal/clean up assistance yes Requesting trash boxes and liners Requesting stage use (If yes, check type) Large stage covered Half small stage [] yes yes Large stage no cover no no no [] Small stage [] Requesting signage Type: Eventsign ~ Banner hanging X (Waiver required if more than one (1) week prior to event) Food and beverage vendors If yes, approximate number Health Department approval · yes.~.__ Directional signs ~,~ Indicate dates required no yes ~ no yes ~' no Other vendors yes ~ no Tents yes ~(. no (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes 5( no (If yes, type and location and copy of liability insurance required) Willthe event be gated yes ~ no (Show on-site map) 2 Will there be fireworks or other pyrotechnics (If yes, contact Fire Marshall) yes no Will there be cooking with compressed gas yes ~. (If yes, contact Fire Marshall) no Will you be providing port-a-lets for the event yes *'(3 no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event (If yes, indicate ticket prices) yes ~ no Is reserved parking requested (If yes, indicate locations) yes~ no Event ContVactor/Coordinator Please print: Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use Onlv l Date Received Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage. Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval Application fee received $ ~DO, OD ~ 3 January19, 2004 Mr. Bob Barcinski City of Delray Beach 100 N.W. 1 Avenue Delray Beach, FL 33444 RECEIVED JAN 2 1 CiTY MANAGER ARTS, INC. Dear Bob, The 6th Annual Delray Beach Garlic Fest has been approved for a Temporary Use Permit for approximately 200 feet of N.E. 1~t Ave. on Block 76 adjacent to CRA Parking Lots and all of Old School Square grounds. We ara requesting that this portion of the City be closed from 6:00 am Thursday, November 11th, 2004 through midnight Sunday, November 14, 2004. This festival will again be a gated event with an admission fee of $7 per person. This admission fee is charged in order to guarantee monetary contributions to volunteer and non- profit organizations working our event. Event dates this year are Friday, November 12th, 2004 (5:00 pm - 10 00 pm), Saturday, November 13th, 2004 (11:00 am to 10:00 pm) and Sunday, November 14~, 2004 (11:00 am to 6:00 pm). In addition to this year's event, we have reserved the following dates: 7th Annual (2005) ............................ Nov. 11, 12 & 13th 8~ Annual (2006) ............................ Nov. 10, 11 & 12th 9th Annual (2007) ............................ Nov. 9, 10 & 11th We are requesting that the following area be barricaded at locations outlined below: 1 ) The entrance to N.E. l"t Ave. ~ E. Atlantic Avenue (adjacent to Old School Square) North to N,E. 1=~ Street. 2) N.E. 2~ Ave. ~ the alley entrance (approx. 200 feet North of E. Atlantic Ave.) North to N.E. l't Street. 3) Closing of this portion City needs to be closed by 6:00 am on Thurs., Nov 11t' in order to begin installation of fencing and ensure that all vehicles ars removed from lots. 4) Our main entrance will move to the sidewalk entrance to the Cornell Museum and our 2nd entrance will remain North of the arch entering into Pineapple Grove (on the corner of Atlantic Avenue and NE 2n~ Avenue). 5) Use of lot on North side of City Hall as free parking area for patrons of event, along with signage directing them to lot. We are also requesting approval for utilization of City Staff for the following: 1) Sionaae Reouest: a) Waiver of event signage timing lifted in order to display signage 2 - 3 weeks prior to event. b) Installation of banners on Atlantic Ave. (use of lamp posts for signage display), signage on Federal Highway North of Linton, Federal High North of George Bush Blvd., W. Atlantic Avenue East of 195 and Linton Blvd. East of 195. c) Event & Parking Signage in appropriate araas (to be determined once parking is secured). d) Barricades placed at CRA Lot (Block 76) by noon on Thursday, November 11th, 2004, CRA Lot diractly North of Dunkin Donuts. 2) Installation and production of necessary signege throughout the City as listed in #1. 3) Use of both Parks & Recreation stages (including cover). Large stage to be set-up on grounds of Old School Square (for use in Children's area) 4) Use of 5 sets of Parks & Recraation bleachers for the Garlic Chef Stadium. 4) Clean-up services (during & after event) and usage of adjacent dumpsters (Coordinating w/Parks & Rec). Page 2 5) Usage of straet lights & electricity at all strategic locations as sh~3wn on attached map. 6) Temporary shut down of sprinklers in festival area. 7) Grass to be cut week of event on Old School Square Grounds. Delray Beach Arts, Inc. 10 S.E. lstAvenue Second Floor Delray Beach Florida33444 Sponsor Info: Tel: (564) 274-4663 Vendors & General Info: Tel: (561) 279-0907 Fax: (561) 274-6'129 ww~v. dbga rlicfest.com Page 2 5) Usage of street lights & electricity at all strategic locations as shown on attached map. 6) Temporary shut down of sprinklers in festival area. 7) Grass to be cut week of event on Old School Square Grounds. 8) Waiver to permit alcoholic beverage consumption on festival grounds. 9) Waiver of noise ordinance for music. 10) Waiver of 2 hour parking limit in downtown Delray Beach (Nov. 12, 13 & 14th) 11) Provide Police coverage/security and Fire Department Rescue and First Aid. 12) Distribution of garbage and recycling containers on festival grounds and clean-up during and after event. 13) Early installation of Christmas Tree so that we may use grounds for children's area. Proposed parking for the festival w be along Atlantic Avenue, Public Parking lot located on S.E. 1st Avenue (behind $opra's building) and the CRA Parking lots 2, 3 & 4 / Block 60 located behind Dunkin Donuts. Additional parking at Court House pending County approval. The event is requesting these items to be added to the agenda of the February or March 2004 meeting of the City Commission. Per your request, I have also attached the breakdowns of revenue, expenditures and contributions from last year's event. Should you have any questions, please contact me at 274-4663. Thank you for your consideration and support! Sincerely, Executive Director Delrey Beach Garlic Festival 2003 BENEFACTORS 5TM Annual Delray Beach Garlic Fest 505 TEEN CENTER - DELRAY BEACH YOUTH COUNCIL ($2,000) ATLANTIC HIGH EAGLE-ETTES ($2,000) BANYAN CREEK ELEMENTARY SCHOOL PTA ($2,700) COREBRIDGE EDUCATIONAL ACADEMY ($1,000) DELRAY BEACH POLICE EXPLORERS POST 319 FUTURE BUSINESS LEADERS OF AMERICA UNITY OF ATLANTIC HIGH SCHOOL ($400 - combined with FBLA) X10 DANCE TEAM ($650) BENEFACTORS TO DATE [] $71,000 (* indicates $'" Annual Delray Beach Garlic Fest Vol Organizations) *505 TEEN CENTER - DELRAY BEACH YOUTH COUNCIL *ATLANTIC HIGH EAGLE-ETTES *ATLANTIC HIGH EAGLE-ETTES ATLANTIC HIGH FOOTBALL TEAM ATLANTIC HIGH JUNIOR VARSITY GIRLS BASKETBALL AVDA (AID TO VICTIMS OF DOMESTIC ASSAULT *BANYAN CREEK ELEMENTARY SCHOOL PTA BOYNTON BEACH COMMUNITY HIGH SCHOOL TIGERETTES BOYNTON/DELRAY EXCHANGE CLUB CARVER MIDDLE SCHOOL CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY *COREBRIDGE EDUCATIONAL ACADEMY DELRAY BEACH CHAMBER OF COMMERCE EDUCATION FOUNDATION DELRAY BEACH POLICE EXPLORERS *FUTURE BUSINESS LEADERS OF AMERICA HAVEN FOR ABUSED CHILDREN KEY CLUB MILAGRO CENTER OLD SCHOOL SQUARE EDUCATION MENTORING PROGRAM PINE GROVE SCHOOL OF THE ARTS PINEAPPLE GROVE - DELRAY BEACH PINEAPPLE GROVE ART WALK ROSA TUSA SCHOLARSHIP FUND ST. VINCENT FERRER CATHOLIC CHURCH *UNITY OF ATLANTIC HIGH SCHOOL *X10 DANCE TEAM 6th ANNUAL DELRAY BEACH GARLIC FEST (PROPOSED INCOME AND EXPENSES) ADMIN AND OFFICE EXPENSE ADMISSIONS & BOX OFFICE 60,000 6,250 SECURITY / POLICE / FIRE / MEDICAL 6,000 ELECTRICAL 2~600 DECORATING 13,142 FOOD / BEVERAGE 20,750 INSURANCE 8~000 ENTERTAINMENT / SOUND / LIGHTING 801000 ELECTRICAL 12,000 MISCELLANEOUS 22,000 PAYROLL 10~000 DONATIONS/CONTRIBUTION TO NON-PROFIT ORGANIZATIONS 15,000 GROUND RENTAL 3,500 TECHNICIANS - OSS 3,250 TOTAL BUDGET $262,492 SPONSORSHIP 80,000 FOOD VENDORS 5,000 15,000 FOOD % (estimated) BEER/VVINE 18,000 ADMISSIONS 85,000 CRAFT VENDOR SALES 10~000 GRANTS (CRA / DDA) 1,500 TOTAL 214,500 ITEMIZED EXPENSE CATEGORIES CONTRACT LABOR DESIGN FEES OFFICE RENT (SEPT - DEC) OFFICE UTILITIES (SEPT - DEC) TELEPHONE ($125 MO AVG) OCCUPATIONAL LICENSE NEWSPAPER SUBSCRIPTIONS ADMISSION TICKETS MISCELLANEOUS BOX OFFICE EQUIPMENT BOX OFFICE SIGNS BOX OFFICE AND ADMISSIONS SUPERVISOR MONEY ROOM PERSONNEL TWO PERSON TICKET BOXES TICKET BOXES START UP BANK UNIFORMED POLICE OFFICERS (3 DAYS) FIRE EMS PRIVATE SECURITY MEDICAL PORTABLE TOILET FACILITIES MOBILITY IMPAIRED TOILET FACILITIES DAILY CLEANING OF PORTABLE TOILETS MISCELLANEOUS PLUMBING SUPPLIES LICENSED MASTER ELECTRICIAN ELECTRICIAN HELPER PORTABLE GENERATORS FUEL FOR GENERATORS PORTABLE LIGHT TOWERS FUEL FOR PORTABLE LIGHT TOWERS MISCELLANEOUS WIRE AND SUPPLIES (25) 10'X 10' CLEAR SPAN TENTS (100) TABLES, (400) CHAIRS, LIGHTING COVERED TABLES AND CHAIRS FOR PATRON DINING BEER TENT 20x40 WINE TENT 20 x 20 GARLIC CHEF STADIUM 40 x 60 BLUE PRINTS~ DRAWINGS & TENT PERMITS PLANTS AND FLOWERS ON-SITE DIRECTIONAL & INFO SIGNS FENCING (5) 20x20 AND (1) 30x50 Eating Tent GOURMET ALLEY/EQUIPMENT 20x40 ENTRANCES (2 - 20 x 20) COMP/DEMO STAGE TENT SIGNAGE ITEMIZED EXPENSE CATEGORIES (continued) BEER WINE GOURMET ALLEY FOOD RUM RUNNER MACHINES TRASH CONTAINERS 40 YARD TRASH CONTAINERS CLEANING CONTRACT PLASTIC BAGS TRASH COMPACTOR DIRECTIONAL SIGNS PORTABLE LIGHT TOWERS FUEL FOR PORTABLE LIGHT TOWERS FLASHLIGHTS, BATTERIES, SAFETY VESTS PARKING PERSONNEL GENERAL LIABILITY WORKERS COMPENSATION RAIN INSURANCE RENTAL TRAILER (DRESSING ROOM) FOOD AND BEVERAGE FOR ENTERTAINERS ENTERTAINMENT/MUSIC RENTAL TRAILERS (OFFICES) OFFICE FURNITURE RENTAL OFFICE SUPPLIES VENDORS AND SPONSORS CONTRACTS PRINTING) TWO WAY RADIO RENTAL TELEPHONES / COPY MACHINE / FAX MACHINE RENTALS) HOTEL ACCOMMODATIONS FOR SOME STAFF GOLF CART RENTALS FACILITY RENT COOKING EQUIPMENT TV/RADIO ADVERTISING) CASH PRIZES FOR RECIPE CONTEST WINNERS ($100 EAX 3) CASH PRIZES FOR BARTENDER CONTEST WINNERS ($100 - 1~ place; $50 - 2~ place) CASH PRIZE FOR GARLIC CHEF CONTEST $1,000; I OPERATIONS PERSONNEL FROM : ACG FAX NO, : $612746129 Feb. 26 2004 10:21~M P2 Internal Revenue ~ervic~ P.O. Box ~0~ Cin¢lm~all, OH 45201 ~e: S~ber 26, 200~ D~I~A¥ ~A~I{ A~TS 10 8B IST AV~ 2ND DEL~AY BEACH, FL Department of the TreAsury .... ~..~,..[, ~i~mploy~' Idantificstion Number: '~ 81-0609~20 17053-269-00700-3 Toll Frae Number: 877-829-5500 FAX Number: 513-263-3756 Applicatloa Form: 1023 User Foe Paid: S500.00 We r~Celved your application for ~x~mpfion fixnn federal income tax, Wh~m communicating with us, please r~ff~r to the employ~ id~m,l~.eation number and docum~mt locater number shown above. ~ Happtn.~ N~? Your applic~io~ was ~red ~ our compu~r ~s~ at ~ ~ng cm~ h ~n~n, ~mc~, ~ ~ ~ ~t ~ve a 1~ sm~g t~t ~u ~ ~empt ~m f~eml ~ ~. If ~o initial ~v in~c~ ~ ~ifi~ ~ ~ ~goD ~ ~, ~ ~li~on ~1} bo ~0~ ~ nB ~ ~tion S~ialist who will ~ or ~ y~. We ~si~ ~H~fi~ ~ ~ ~ wc r~aive &~. If thc adclitiolxal i~ormation indical~s ',hat you qualit~ for vxemp~i~l, you will t~::~ive a l~cr staling that you are exempt from ~ income tax, If you do not quai~ for ~0~ml, iion. we will send you a Izt~' tdling you why we believe you do not quaii~ and will iucludc a cbmpkte explanation of your ~ rights, The IRS do~ not issue tax exempt m~ab~,s or tax exempt cemflcatea for state or loeai sales or incomc taxa, If you need ex~aption fi'om lh~se taxa, contact your s~a~ or local tax offices. How long will ti~ process Norma!ly, ytm may. ~Xl~ to h~r from us wiflfia 120 da)re. If you do not, call our toll ~ ~ber be~'woen ~ho hours of 8 ........ a.m. iud 6:30 p.m. ]~sst ~rn Time. Please have your td~dflca~lon numbe~ evaihble so ~ we can idc~6fy your . spplica6on. I f you would ntther wriie fha~ call, pleasc include a copy of this nolice with your correspondence. 3367 (c~) - (R~, 1272000) FROH : RCG DEPARTHENT OF/'UE TREASURY ,INTERHAL REVENUE SERVICE PHTLADELPH~A PA 19255-002~ F~J< ~3, : 561274612~ Feb. 26 2~04 10:~AH DATE OF THIS NOTICE~ 05-05-2003 NUMBER OF THIS NOTICE: CP 575 E EMPLOYER IDENTIFICATION NUMBER: FORM= $S~'4 NOBOD P3 X 81-0609320 DELRAY BEACH AETS INC X.flANCY J STEWART 10 SE 1ST AVE ZND FL DCL~A¥ HEAOII FL FOR ASSISTANCE CALL US AT~ 1-800-829-0115 UK #K~I~ IU Iflb AUUK~S~ SNOgN AT THE TOP LEFT, IF YOU WRITE, ATTACH THE STUB OF THIS NOTICE. (EIN) W ' - . e mas=good you ElM 81-1609~20, Thio ElM w{ll {dantzfy your bus/ness account, a delay tn processing and nay eesult ~n ~nooerect informat$on Sn your account. ~ also Z~ you want ~o apply ~a receive I eul~ng o~ a determination letter rlcogfl~ng mos~ IRS office= and ha~ details on how you can sealy . [IT¥ DF I)ELRI:I¥ BEI:irH AII-AmericaCity 1993 2001 TO: FROM: 100 N.W 1st AVENUE DELRAY BEACH, FLORIDA 33444 MEMO DUM David T. Harden City Manager Robert A. Barcinski Assistant City Manager DATE: February 26, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 11, 2004 SPECIAl, EVENT REQUEST - SCHOOL SHOWCASE OF THE ARTS - SOUTH FLORIDA PARENTING BLOCK PARTY ACTION City Commission is requested to endorse the School Showcase of the Arts - South Florida Parenting Block Party, sponsored by the Delray Beach Education Board and South Florida Parenting to be held on the grounds of Old School Square on April 24 and 25 from 10:00 a.m. to 5:00 p.m. Commission is requested to waive the LDR's Section 4.6.7(D)(3)(j)(ii) to allow event signage to be put up more than one week prior to the event and to authorize staff support for security and traffic control, trash removal, EMS services, and barricading. BACKGROUND Attached is an event permit I received from Ms. Butler for this event with a budget and site plan. The event sponsors as well as staff feel that based on last years experience and the estimated crowd size that City staff support is needed as requested. The estimated overtime for this event is about $6,700. Last year's costs were $5,017 without EMS services. Since this is a City sponsored event, there are no charges for City costs. RECOMMENDATION Staff recommends approval of the event, the request for staff assistance, and authorization to make and put up event signage on April 14th. Since the City is a co-sponsor a hold harmless agreement will not be needed and the City would cover liability through our insurance. RAB/tas Cc: Lula Butler Robin Cox Peggy Murphy 561/'243 7000 File.'u:sweeney/events Doc:School Showcase of the .~rts 2004 THE EFFORT ALWAYS MATTERS Printed on Recycled Paper City of Delray Beach Special Event Permit Application PLEASE PRINT DELRAY B[ACH NI-AmeflcaCity 1993 2001 Event NameFRfle: Famil7 Block Party & School Showcase of the Arts Event Date(s): apra'l 24 ~ ?% ?an4 EventTime(s): 10:00 a.m. - 5:00 p.m. Event Sponsor/Producer: South Pl. Parenting/Delray Ed Board & Youth Council Event Contact/Coordinator: Sandy Betlach/Lula Butler Name: Sandy Betlach Address:3555 Nob Rtll Road Sunrtme. F1 ~qRSI Telephone Number: 954 747-3056 Cellular Number: 954 646-0403 E-mail Address: sbetlach@sfparenting.com Event Description/Purpose: Famil7 event - free for kids~ educational and interactive. Delray Beach Schools host booths and preform on stag,'. Sponsor Category (please check) City [] Non-Profit/Charitable [] Private [] Co-Sponsor- Non-Profit/Private ~ (If Non-profit attach proof of 501c(3) or (d)) Event Location (Describe area boundaries of event/location): Old School Square grounds and adjacent partkin~ lots Site plan attached yes x (Site plan required for entire event site) no Event budget attached (Required for all events) yes x no Serving or selling alcoholic beverages yes no x (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached yes no X (will have 2 weeks prior) (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music (Waiver required) yes no x Requesting Police assistance (traffic control/security) yes x no Will supplement with private security (If yes, need plan attached) yes no × Requesting Emergency Medical assistance yes × no Requesting barricade assistance yes x no Requesting trash removal/clean up assistance yes x no Requesting trash boxes and liners yes × no Requesting stage use (If yes, check type) Large stage covered [] Half small stage [] yes no Largestage no cover [] Smallstage [] X Requesting signage yes x no Type: Event sign Ye.~ Directional signs Banner hanging YES Indicate dates required 4-[4 through 4-26, 2004 (I/Vaiver required if more than one (l) week prior to event) Food and beverage vendors If yes, approximate number Health Department approval yes x no 5 yes no x (Vendors Responsible; Other vendors yes × . no Tents yes x (10' xlO') no (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes x no (If yes, type and location and copy of liability insurance required) Will the event be gated (Show on-site map) X yes no Will there be fireworks or other pyrotechnics yes no x (If yes, contact Fire Marshall) Will there be cooking with compressed gas (If yes, contact Fire Marshall) yes x no Will you be providing port-a-lets for the event yes. no x (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event yes x no (Ifyes, indicate ticket prices) ($6 for Adults No Charge for 17 and under) Is reserved parking requested (If yes, indicate locations) yes x no Event Contractor/Coordinator Date Please print: ~-I.~ ~J~rlaC~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use 0~1~ i , Date Received ~Z/'lb/O~ Site map v/. ~ Budget " ~ Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval Application fee received $ RECEI' ED FEB CITY MANA ~I~ER 3 VOLLEYBALL ACTION STAGE JuHP BOUNCE HOUSE SAND ART :Old School Square 17n 11712 IITM IfT~l SCHOOL SHOWCASE Sunday only booths EVENT OFFICE MINI CARS PONY FOOD · RIDES SAMpLiNG ~ox~,o IL WEST:SIDE PIRATES (OVE B FAIRY FOREST lOam-5pm, Saturday and Sunday, Apn'l 2~ & 25, 2004 Old School Square (Corner of Swinton Blvd. and Atlantic Blvd.) m{ Joint Agreement for 2004 Family Block Party This agreement outlines what each party will provide for the Family Block Party and School Showcase of the Arts to be held from 10 am to 5 pm on April 24 & 25, 2004. South Florida Parenting will: A. Create and oversee family event at Old School Square on April 24 & 25, 2004 B. Secure pony rides, crafts, bounce houses, mini-cars, rock wall, skateboard 'area, pirate's cove, mechanical ride, etc. to create an event that will highlight the School Showcase to the greatest amount of people C. Promote event in newspapers, SFP, TV, radio, through fliers, posters, and press releases D. Provide face painters for two days in at least 2 locations E. Cover cost of Emcee for both days to manage the stage F. Provide additional entertainment on stage for both Saturday and Sunday such as Hip Hop Kidz, Polynesian Proud, and Otter John G. Secure a Dunk Tank for Youth council to run H. Provide additional volunteers for activities as needed I. Invite Boynton Beach Education Board to participate in Sunday's activities Board of Education will: A. Present event to city for approval B. Distribute of fliers and posters to Delray public and private schools, pre-schools, parks and rec, etc. C. Provide assistance in the promotion of event through your contacts (schools, radio, TV, live interviews, newsletters, Chamber of Commerce newsletter, etc.) D. Be the exclusive seller of sodas during the event in 2 locations E. Arrange for City services of trash clean-up and removal, police and EMS F. Pay the cost of 14 tents and tables for School Showcase G. Confirm involvement of Boynton Beach Schools for Srlnday Showcase H. Cover the cost of stage techs for one day I. Provide at least 30 Volunteers per day to staff craft activities, bounce houses, mini- cars, dunk tank, etc. J. Provide a volunteer coordinator to oversee Youth Council volunteers K. Secure additional activities through city organizations as become available (police, fire, parks and rec, etc. ) L. Create a vertical banner to hang from one pole next to stage M. Arrange for median signs prior to event 5555 Nob Hill Road, Sunrise, FL 33351 Tel.: 954-747-3050 Advertising Fax: 954-747-3055 · Editorial Fax: 954-747-3055 · Marketing Fax: 954-747~3060 www. sfparentingcom Old School Square will: A. Prepare contract B. Promote event through your website, local contacts, etc. C. Assist with event layout and electricity D. Provide art activities and other age appropriate activities in Cornell Museum E. Arrange for sound techs for main stage F. Remove The Post signs from stanchions and provide assistance to SFP to hang 2 banners on these poles Place giant teddy bear outside Teddy Bear Hospital Hang event banners on corners of Swinton and Atlantic and Swinton and 1st Arrange for median signs prior to event signed for South Florida Parenting Date signed for Delr~ Date si ned d Scho l Date PrOjected I FAMILY BLOCK PARTY AND SCHOOL SHOWCASE OF THE ARTS APRIL 24 & 25, 2004 EXPENSES: 11 s~aff(~14 hours x$10 Mar,/85 hr 1020 PR lemp $500 TOTAL O/S C~XPENSES $2,734 $700 $3,434 $362 $375 S737 TOTAL OUTSIDE SIGN PRINTING MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~ SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING MARCH 11. 2004 REPORT OF APPE~LE LAND DEVELOPMENT BOARD ACTIONS DATIL: MARCH 5, 2004 Attached is the Report of Appealable Land Use Items for the period February 16, 2004 through March 5, 2004. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Clerk\agenda memos\apagmem.03.11.04 TO: THRU: FROM: SUBJECT: LEN, PLANNER ZONING MEETING OF MARCH 11, 2004 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 16, 2004 THRU MARCH 5, 2004 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of February 16, 2004 through March 5, 2004. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (4 to 0, Borchardt, Pike absent), a conditional use modification to allow the establishment of a truck rental service, and vehicle and boat storage as accessory uses to an existing self service storage facility for Security Self Storage, located at the northeast th corner of Linton Boulevard and SW 4 Avenue. No other appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Tabled (4 to 0), an amendment to the Land Development Regulations which repealed Sections 2.4.6 (D) and (E) in their entirety and Section 4.6.7 in its entirety and enacts a new Section 4.6.7 "Signs" in order to provide and for an updated sign code and amending Appendix "A" by amending all definitions relating to signs. · Recommended approval (4 to 0), of an amendment to the Land Development Regulations Section 4.3.3(I) "Community Residential Home and Group Homes" in order to correct an City Commission Documentation Appealable Items Meeting of March 11,2004 Page 2 inconsistency created from recent LDR changes regarding the terminology of residential and non-residential alcohol and drug abuse treatment facilities. Recommended approval (4 to 0), with conditions of the conditional use requests to allow for mixed-use buildings having a height in excess of 48 feet (58 feet 2 inches proposed) and to allow for a density in excess of 30 units per acre (43 du/ac proposed) within the Central Business District (CBD), for the Villas in the Grove development, located at the northeast corner of Pineapple Grove Way and NE 1st Street (current "Creations at Delray Beach" location). · Recommended approval (4 to 0), of the abandonment of a portion of the alleyway lying in Block 83, Town of Delray, in conjunction with the Villas in the Grove development. Recommended approval (4 to 0), of a combined preliminary/final plat for a 12-unit Mixed Industrial and Commercial Development known as Tenth Street Commerce Park Plat II, located on the south side of S.W. 10th Street, approximately 480' west of S.W. 10th Avenue. No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Recommended approval (6 to 0), of a combined preliminary/final plat Bankoff Replat No. 1, a proposed 4~unit townhouse development, located on the west side of Seabreeze Avenue approximately 205' north of East Atlantic Avenue. Recommended approval (6 to 0), of a combined preliminary/final plat for Harbour House, a proposed 4-unit townhouse development, located at the northwest corner of the Intracoastal Waterway and NE 1st Street. Approved (4 to 0), a Class I site plan modification associated with an architectural elevation change for the installation of a window awning for Beluga Restaurant, located at the northwest corner of SE 2nd Avenue and SE 1st Street (44 SE 2nd Avenue). Approved (4 to 0), a Class I site plan modification associated with an architectural elevation change for the installation of a walkway awning for Lake Ida Church of Christ, located at the southwest corner of Lake Ida Road and Roosevelt Avenue (1300 Lake Ida Road). Approved (4 to 0), a request for a color change and improvements for Ocean Place Condo, located on the west side of Ocean Boulevard (State Road A-l-A), south of Miramar Street (120 South Ocean Boulevard). Approved with conditions (4 to 0), a Class IV site plan modification, landscape plan and architectural elevation plans associated with the construction of a 4,012 square foot restaurant with drive-thru facility for Steak' n Shake, located on the east side of Waterford Place, south of Linton Boulevard within the Delray Crossroads Shopping Center. City Commission Documentation Appealable Items Meeting of March 11,2004 Page 3 V. Approved (6 to 0, Randee Schatz absent ), a request for a Certificate of Appropriateness for the demolition of a portion of a non-contributing single family dwelling and construction of an addition for the Baucicaut Residence, located at 601 NE 3rd Avenue. Concurrently the board granted a variance reducing the side interior setback from 15' to 9'2". W. Approved with conditions (5 to 0, Jeffrey Silberstein stepped down), a request for a Class V site plan and landscape plan) associated with the construction of a 3583 sq. ft. office for Ascot, located at the southwest corner of NE 2nd Street and NE 1st Avenue. The Board tabled the architectural elevation plan and voiced concerns with respect to the massing and height of the building and the amount of in-lieu parking spaces requested. Concurrently the Board approved the following waivers: · Reduced the required stacking distance along NE 1st Avenue from 5' to 2'6". · Reduced the required landscape buffer between the vehicular use area and the adjacent western property line from 5' to 2'. · Reduced the required landscape buffer between the vehicular use area and the adjacent east property line from 5' to 1'6". X. Approved with conditions (6 to 0), a request for a Class V site plan and landscape plan associated with the construction of a mixed-use (residential/office) building for Jessica Linehan Building, located on the east side of NW 1st Avenue, north of NW 1st Street. The architectural elevation was approved on a 4 to 2 vote (Francisco Perez and Jeffrey Silberstein dissenting). Y. Approved (4 to 2, Rhonda Sexton and John Miller dissenting), a Class II site plan modification and a Certificate of Appropriateness to allow the elimination of an approved parking lot and the installation of a garden area for Handelsman Yellow Building, located at the northeast corner of SE 6th Avenue and SE 1st Street (85 SE 6th Avenue), Z. Approved (5 to 0, Francisco Perez stepped down), a Class I site plan and a Certificate of Appropriateness associated with fa(~ade changes for Tapas, located on the south side of East Atlantic Avenue, east of Swinton Avenue (8 East Atlantic Avenue). By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - MARCH 11, 2004 LGO CANAL P&Z A. SECURITY SELF STORAGE H.P.B. V. BAUCICAUTRESIDENCE W. ASCOT X. LINEHAN PROPERTY ¥. HANDELSMAN YELLOWBUILDING Z. TAPAS $.P.R.A.B. f. BELUGA RESTAURANT 2. LAKE IDA CHURCH OF CHRIST 3. OCEAN PLACE 4. STEAK 'N SHAKE ......... CFC( LIMFI$ ~ ........ MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~ - REGULAR MEETING OF MARCH 11. 2004 AWARD OF BIDS AND CONTRACTS DATE: MARCH 5, 2004 This is before the City Commission to approve the award of the following bids: Purchase award to Selectron Technologies, Inc. in the mount of $50,400.00 and Sungard HTE, Inc. in the amount of $8,050.00 for a total amount of $58,450.00 for the purchase of an Interactive Voice Response System, including software, hardware, and installation. Funding is available from 334-6111-519-66.10 (General Construction Fund/Software), 334-6111-519-64.11 (General Construction Fund/Computer Equipment) and 001-2721-524-66.10 (General Fund/Software). Purchase award to Fisher Scientific Company in the amount of $44,420.95 via the Broward Co-op Bid for thirty-five (35) sets of replacement fire fighting personal protective clothing. Funding is available from 001-2311-522-52.22, 001-2313- 522.52.22, and 001-2315-526.52.22 (Uniforms/Linen). Purchase award to Biosite, Inc. in the amount of $47,500.00 for ten (10) portable cardiac enzyme detection devices known as the Triage Cardiac System. Funding is available from 001-2315-526-64.90 (Fire Operations/Other Equipment). Various bid awards in the amount of $313,474.00 via the Florida Sheriffs' Association and State of Florida Contracts for the replacement of City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). Bid award to Tanner Industries at an estimated annual cost of $18,550.00 via the City of Boynton Beach Co-op Bid g035-2821-04/CJD for the purchase of anhydrous ammonia. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). Contract award to Almazan Brothers, Inc. in the amount of $143,508.00 for the Alley at Ocean City Lumber Block 84 Water Main and Drainage and Dixie Highway/S.E. lffh Street Drainage Improvement Project. Funding is available from 442-5178-536-63.50 (Water Main Upgrades) and 448-5461-538-65.77 (Old Dixie Highway). Recommend approval of the above bids and purchases. S:\City Clerk\agenda memo\Bid Memo.03.11.04 MEMORANDUM TO: FROM: THROUGH: SUBJECT: DATE: David T. Harden City Manager Guy Buzzelli ~ MIS Manager ~ Joe M. Saffo~ Director of FinaJ~.C~' IVR - Interactive Voice Response System Replacement February 20, 2004 ACTION We are requesting City Commission approval to purchase an 'Interactive Voice Response System" or IVR for short (to include software, hardware, and installation as outlined in the proposal) from Selectmn Technologies, Inc. and SunGard HTE Inc. Funding for this purchase is as follows: Account Code Amount 334-6111-619-66.10 $41,650 334-6111-619-64.11 $ 9,950 001-2721624-66.10 $ 6,850 TOTAL $58,450 INFORMATION Currently the City operates an IVR system (DirectTalk) that allows Building Pen'nit customers to schedule inspections and Building Inspectors to record inspection results via the telephone. The current system is in urgent need of replacement, as the internal telecommunications device is intermittently failing and parts are no longer available. Additionally, the system is hosted on an outdated server and is running on an obsolete operating system (IBM OS/2 Warp), which makes it extremely difficult to manage by our current technical staff. Current discussions with the Community Improvement staff and research done by the MIS staff have revealed certain findings or cHteda that we have based our recommendations on. Compatibility - The IVR solution must have or provide a wo~ing interface to our current HTE software. This interface must be maintained with newer releases of HTE software. Software must run on a standard operation system, preferable Microsoft Windows. Hardware needs to be compatible with our telecommunication equipment. E-government - The IVR solution should have optional modules to facilitate the future growth of e-government services, via the web, handheld devices, deliverable service such as faxes or facsimile as well as voice recording of customer comments for inspectors, cell beck features, and possible other languages other than English. Established Vendor- Provider of service should be well established and have experience with local government applications, preferably HTE applications. The vendor solution should be in wide use by customers having similar requirements to ours. Service Specifications - Service should be equal to or exceed that of the existing system. Cost - The total cost of the solution should not exceed the available CIP funds. REFERENCES MIS surveyed a sample of Selectmn Technologies, customers that use the Building Permits solution and HTE software: the City of Boca Raton, the Village of Royal Palm Beach, and the City of St., Petersburg. The mspenses were extremely positive: · Implementation - Implemented solution was within the estimated time that was stated by vendor. · Reliability - Unavailability of system almost always was due to extemal causes, such as telephone lines, and network failures, rather than the system itself. · Support - Technical support was easy to reach and prompt response to customer issues. · On Going Cost - All those questioned felt that the annual maintenance is reasonable and none experienced any unexpected, additional costs. · Customer Satisfaction - All those who were surveyed indicated that they would happily implement other products from Selectmn Technologies in the future if needed. I~I~COMMENDATION MIS recommends using Seleotmn Technologies, Inc. because they meet all the criteria that we have based our recommendations on and is the onlv sole source provider of Intemotive Voice Response (IVR) that SunGuard HTE, Inc. has developed a compatible interface. Please forward this information to the City Commission for their review and approval. Encl: Cost break down SunGuard HTE, Inc. letter Seleotmn Technologies, Inc. Quote SunGuard HTE, Inc~ Quote for (APl) Interface Selectmn Technologies, Inc. Additional Information Thank you, Guy Buzzelli MIS Manager cc: Sherry Muehlberg Administrative Manager Interactive Vo(ce Response Solution for Building Permits Per ~ P~ce (4~750) 3,000 Req'd 8,BGQ Waived SUNGARD' HTE INC. January 24, 2004 Mr. Guy Buzzelli Manager of Information Services City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 Dear Guy: This letter is intended to reflect that Selectron is a preferred business panner with SunGard HTE Inc. and as such, is the only sole source provider of Interactive Voice Response (IVR) that SunGard lITE Inc. has developed a compatible interface with. SunGard liTE Inc. does not work directly with any other IVR provider offering such products. SunGard HTE Inc. recognizes that you have the choice in which IVR vendor solution works best for your City. However, we want to ensure that you are aware that we have not tested nor certified other interfaces that have been written for other IVR systems. As such, this may present technical issues that may not be present with the Selectron solution and SunGard HTE Inc. interface. If you have any questions or need additional information, please do not hesitate to call me. Sincerely, Tom Mele SunGard lITE Inc. Accoum Executive Toll Free: 1-800-727-8088 ext 3338 Direct: 407-647-8690 Fax: 413-521-7791 Price Quote R619 VoicePermitsTM Interactive Voice Response Base System Workstation (Minimum Specifications Summary): Intel® XeonTM Processor 2.40GHz/533MHz MicrosoftTM Windows® 2000 Server 768 MB RAM Microsoft SQL Server Two (2) 80 GB hard drive (RAID I mirroring) Remote Access Software CD ROM, 56K Modem, Network Card 4-Port Voice Card Basic Modules (including): Schedule an Inspection Cancel an Inspection Obtain Inspection Results Post Inspection Results Speak Site Address Permit Based Messaging VP Reporting Module Additional Functionality Inspection Results & History (Fax) Inspection Failure Codes Plan Review Status (Spoken & Fax) SmartFAX (Required when fax functionality is purchased) Solutio~ Design and Development On-Site installation and Training One-year warranty on Selectren Technologies-provided hardware and software Upon Completion of On-Site Installation Full System Documentation Total Solution Cost Required Items Not Included in Selectron Technologies Offering Phone lines and network service required to support the installation Host Interface SOL D82 Tool Kit (should be obtained through HTE with purchase of Host Interface) $34,900 3,000 3,000 6,000 3,500 Included Included Included included January 21, 2004 City of Delray Beach, Florida Page 1 of 8 SUNGARD' HTE INC. Sungard HTE Inc - Formal Price Quote for City of Belray Beech, FL (DELR) Interactive Voice Response Interface - For 8electr~ Building Permits January 26, 2004 Base System - Recruited ........ Buildinl~ Permits IVR Interface for Selectron, Inc, $ 6,850.00 $ 1,200.00 $ 1,3~7~00 Totah $ 6,85o,.oo $ 1,200.00 $ 1~00 EXl~IRATION March 3 I, 2004. NOTES: 1) H'I'I~ Price Book 10/17/2003. 2) 11,000 Building Permits per year, approximate. 3) Prepared for: Guy Buzzelli, IS Dimc~r (561) 243-7149 and Paul Fleetwood, IS, (561) 243-7146. buzzelli~_.mydet fleetwood~mydelraybeach.com. 100 NW First Avenue, Delray Beach, FL 33444. Tom Mele-(800) 727-8088 HTE Account Executive ~elray Beach FL HTE Pricing IVR CX and BP 1-26-04.xls Price Quote R619 ADDITIONAL INFORMATION ADDITIONAL VOICE PORTS HARDWARE 4-Port Voice Board and application user licenses ............................................................................ $ 6,000. 8-Port Voice Board and application user licenses ............................................................................ $12,000. 12-Port Voice Board and application user licenses .......................................................................... $18,000. Price includes 12-month parts and labor warranty. TIME-AND-MATERIALS BILLING RATES Selectron will provide custom programming and non-warranty maintenance customer support on a time-and-materials basis. Requested design, programming, testing, documentation, implementation work, and customer support will be performed, at a rate of $150.00 per hour. Selectron will issue a quote and scope of work to the customer. A purchase order must be issued before work can be scheduled or begin. ADDITIONAL TRAINING AND ON-SITE SUPPORT All travel and associated expenses for the on-site installation work during the initial setup are included in the Base System price. If the customer requests additional on-site work, travel and out-of-pocket expenses will be billed at $1,500 per day (minimum of 2 days) with at least 15-day notice. If 8-14 days advance notice is provided the rate increases to $2,000.00 per day; if the notice is less than 7 days the rate increases to $2,500.00 per day. If changes are made to a travel schedule after plans are confirmed, the Customer is responsible for any change fees or price changes incurred for airfare, hotel or car rental. ON-GOING SUPPORT The Customer has the option of extending the Support and Maintenance program upon expiration of the warranty. Annual Support and Maintenance fees are due at the conclusion of the 12-month warranty period. Once a final configuration is determined, Selectron can provide a quote for extended Support and Maintenance; however for budgeting purposes allow 15% of the total contract price. January 21, 2004 City of Delray 8each, Florida Page 3 of 8 Price Quote R619 ADDITIONAL FUNCTIONALITY CERTIFICATE OF OCCUPANCY (ON-DEMAND AND/OR AUTOMATIC) (SmartFAX required) Enables jurisdiction to have Certificate of Occupancy documents automatically faxed. The IVR system creates the document as defined by the jurisdiction and faxes it to the fax destination number contained in the host database. This can be done per call or as a batch fax at a time determined by the.jurisdiction. Certificate of Occupancy .................................................................................................... $5,000. COMPLAINT/CODE ENFORCEMENT Callers wishing to check the status of a complaint or code violation can automatically retrieve this information by calling into the Interactive Voice Response system. Upon caller request, the status code of the complaint is translated into a descriptive voice recording and played to the caller. The caller learns the status without interrupting departmental staff. This feature requires that permit software support complaints. Complaint/Code Enforcement ............................................................................................. $4,000. DYNAMIC INFORMATION SYSTEM (SmartFAX required). This module enables callers to request spoken informational messages and faxed copies of documents stored in a designated database ("library"). Callers can access the voice information boxes to retrieve recorded messages on procedures and policy, where to seek help, governmental meetings, minutes, schedule of events, etc. All items are in voice form and may be easily updated. The faxing portion of this module is perfect for distributing many kinds of documents: blank forms, job descriptions, annual reports, schedules, marketing materials, technical literature, etc. A numeric code is used to designate each document. Each library will include a Document Catalog that explains how to use the system and lists all available documents. Callers will be prompted to request the Catalog or, if they're already familiar with the system, to enter the code that corresponds to the document they require. Then, the system will prompt the caller to enter the destination fax number, where they will receive the fax. Up to 100 Messages and fax documents combined .............................................................. $2,000. Up to 200 Messages and fax documents combined .............................................................. $3,500. Unlimited number of Messages and fax documents ............................................................. $5,500. Multi-Departmental Use ...................................................................................................... $7,500. January 21, 2004 City of Delray Beach, Florida Page 4 of 8 Price Quote 1{619 ESCROW ACCOUNT STATUS Callers wishing to check the status of their Escrow Account can call the lYE system to obtain the Account information. Escrow Account Status ....................................................................................................... $3,500. INSPECTION RESULTS AND HISTORY (FAX/E-MAIL) (SmartFAX/SmartE-mail required). Callers requesting results have the option to request the last inspection result and/or a complete history to be faxed or e-mailed to a requested destination. inspection Results & History (fax) ...................................................................................... $3,000. inspection Results & History (fax & e-mail) ........................................................................ $4,500. INSPECTION FAILURE CODES Allows inspectors to leave detailed inspection failure information when posting results to the database through the IVR system. When a contractor calls into the lYE system for results of an inspection, the IVR system will retrieve the codes input by the inspector and play the corresponding failure message. inspection Failure Codes .................................................................................................... $3,000. OUTBOUND DIALING SERVICES The IVR system can initiate an outbound call with a pre-recorded message. The Outbound Dialing utility provides the software necessary to perform the outbound calls, and is needed only once per system, regardless of the number of Outbound Dialing modules purchased. A variety of standard reports are included with the module. Reports include information on the time, number, and permit associated with the outbound calls, and whether each call was successful. Automatic Results Notification: This module allows the VoicePermitssystem to make outbound calls to contractors as soon as the inspection results have been posted to the permitting database. The contractor hears the permit number and inspection type, and whether the inspection passed or failed, and any messages left by the inspector through the IVR syste. If the inspection Failure Codes module is in use, the reason for a failure will be provided. Template Creator: The Template Creator will allow the client to create custom calling campaigns, such as surveys that will allow the customer to respond with yes/no or number inputs, and other general notifications that do not require interfacing with the host database. Includes 16 hours of Professional Services. Outbound Dialing Utility (required only once) ..................................................................... $3,500. Automatic Results Notification ........................................................................................... $5,000. Template Creator ............................................................................................................... $7,500. January 21, 2004 City of Delray Beach, Florida Page 5 of 8 Price Quote R619 PAYMENT PROCESSING This module includes the ability to set up this functionality with your merchant account. The setup cost will only need to be purchased once, regardless of the number of applications utilizing credit card payments (i.e. Utility Bill Payments, Parking Citations, Building & Planning, Tax, etc...). Selectron will provide software on the IVR system to capture credit card information, initiate the contact with the merchant account for immediate authorization and report the authorization and payment information into the host database. This module does not include any set up or processing fees from your merchant. Module Initial Setup (required once per system) ................................................................ $9,500. Initial Application Setup Interface to City merchant Account Credit Card Processing Module .......................................................................................... $5,500. E-Check Processing Module ............................................................................................... $5,500. PERMIT VERIFICATION Inspectors and other authorized staff can check the active permit status of a building or construction site via the telephone and the IVR system. This is used to assist inspectors in locating construction activity that has not obtained the necessapJ permits. Permit Verification ............................................................................................................. $4,000. PLAN REVIEW STATUS (SmartFAX/SmartE-mail required). Allows caller to enter their permit number and fax number and have three categories of information delivered via fax: Site Info (Permit Number, Site Address, Record, etc.). Departments and Review Status (ex. Plan Review-Pending, Utilities-Approved, etc.). Plan Review Status (spoken & fax) .................................................................................... $6,000. Plan Review Statu: (spoken, fax & e-mail) ......................................................................... $7,500. SMARTE-MAIL This is the software required to enable an e-mail application to function on the IVR system. It is required only once regardless of how many of the e-mai[ applications are utilized. This module assumes the use of the,jurisdiction's existing e-mail server. The e-mail system installed at the.jurisdiction must be accessible through a SMTP compatible interface. Smart E-mail ...................................................................................................................... $1,500. January 21, 2004 City of Delray Beach, Florida Page 6 of 8 Price Quote R619 SMARTFAX This is the hardware and software required to enable a fax application to function on the IVR system. It is required only once regardless of how many of the Selectron fax applications are utilized. SmartFAX ........................................................................................................................... $3,500. SPANISH LANGUAGE A Spanish version can be added to the Standard English version on your IVR system. This module includes the necessary call flows, dictionary menus, and programming, needed to support the additional language. Spanish Language .............................................................................................................. $3,000. SPEECH RECOGNITION This is the licensing and software required to support Speech Recognition in the system. As the jurisdiction incorporates this technology into the Call Flow there may be additional costs. Pricing is calculated for each port installed. AlphaNumeric String, Continuous Digits, item List, VoiceMenu, Yes/No, Date, Credit Card Number, Credit Card Expiration Date, Currency, Item List, Natural Numbers, Social Security Number, Spelling, Time of Day, US Telephone Number, US Zip Code Initial Set-up (required) ..................................................................................................... $7,500. Per Port Price .................................................................................................................... $1,500. STAFF DIRECTORY Enables.iurisdictions that have an existing voice mail system to use the IVR system to direct callers to the staff voice mailboxes. This is a menu option that request that the caller either input an extension number if known, or spell out a portion of the desired staff's name. The system can enable the caller to be transferred to the staff's telephone extension or voice mailbox. Staff Directory ................................................................................................................... $2,000. January 21, 2004 City of Delray Beach, Florida Page 7 of 8 Price Quote R619 TEXT-TO-SPEECH With this module, the IVR system can convert text into audible speech and generate the audio file for system responses and prompts. Responses like street names are generated dynamically, as they are read directly from the host database, while menu prompts are defined and stored during the call flow design Initial Set-up (required) ..................................................................................................... $2,500. Per Port Price ....................................................................................................................... $750. UTILITY NOTIFICATION (FAX/E-MAIL) (SmartFAX or SmartE-mail required), With this module, the IVR can automatically fax a Request for Activation document to the utility when final inspection is completed for gas or electric service. These fax documents can either be sent as the inspection information is posted by the inspector or batch- faxed at the end of the workday. Utility Notification (fax) ..................................................................................................... $2,500. Utility Notification (fax & e-mail) ....................................................................................... $4.000. ZONING STATUS (FAX/E-MAIL) (SmartFAX/SmartE-mail required). Allows callers to receive zoning information for a specific piece of property over the phone 24 hours a day, 7 days a week. This module also provides the caller the ability to receive a spoken or faxed version of the regulations for a specific zone classification. Zoning Status (fax) ............................................................................................................ $3,500. Zoning Status (fax and e-mail) ........................................................................................... $5,000. January Zl, 2004 City of Delray Beach, Florida Page 8 of 8 proven solutions for government agencies Selectren Technologies concentrates exclusively on developing solutions for local government. Among the agencies we provide fully integrated systems te are: Building & Planning, Business License, Election Office, Courts and Citations, Tax Assessment, Water/Utility Oistrict, and Zoning. Our dedication to serving the public sector is evident in the way we conduct business. Our processes are tailored to the specific and unique needs of government agencies. Flat Fee Pricing- We offer flat fee pricing, which makes your budgetary planning process quicker and easier. Customized Solutions- Selectron provides 8 wide assortment of product modules a la carte. Our solutions are customized, net bundled. £1axibln Tanhnalo§¥- Our software integrates with many different database interface applications, bath commercial and "home grown", reducing configuration costs and implementatioo times. Scaleable Applicationo- Our solutions are built to be multi-dimensional, with the ability to process information from several hosts simultaneously. Cammitmnnt- Selectron is also committed to keeping abreast of current government regulations and trends through participation in a variety of government trade seminars, membership in industry associations, and by maintaining open lines of communication with all of our customers. Selectron Technologies has been developing solutions for government agencies for over a decade. With installations spanning the US and Canada, our extensive client list includes the largest counties and the smallest villages. Our diverse experience bas allowed us to fully understand the various parameters our clients work within, and has helped shape the development of our business processes. Selectron's technical staff, comprised of accomplished computer systems analysts, telecommunication specialists, and electrical engineers, works closely with each agency we serve. This commitment for collaboration has made Selectron known as one of the leading innovators in our industry. By delving deep into the unique issue~ each community faces, we are able to anticipate the future requirements of our customers, and respond proactively by expanding the functionality of our solution offerings. The strong partnership Selectron forges with each of its clients has also allowed us to define the best practices for the development and implementation of our solutions. Our customers know us not only as solution providers, but also as system consultants who leverage a fusion of experience and a commitment to create superior, customized solutions. e - o v VoicePermitsTM interactive voice response system In communities across North America, government agencies are faced with the challenge of reducing expenditures while meeting an increasing need for taxpayer services. Fortunately, technology offers a myriad of solutions to automate processes, speed data integration, and reduce workload. Yo/ce?ermit~ is a dynamic interactive voice response (IVR) solution built to meet the needs of Community Development agencies. IVR allows interaction with a database via telephone, using a combination of spoken messages and touchtones. As a direct interface to permitting and inspection information, Yo/ce?erm/tsenables processing functions to be performed in real time, from any location, 24 hours a day, 7 days a week, without compromising security. SYSTEM FEATURES Voice?ermitsallaws bugding contractors to schedule or cancel inspections and review inspection results; inspectors ere able to post inspection results from the field. The bese system also provides spoken site address verification, and enables two-way permit- based voice messaging between inspectors and contractors. MODULAR FUNCTIONALITY Vo/ce?er/nitscffers a wide range of a la carte enhancement modules. Among these are Code Enforcement, Permit Verification, Plan Review, aed Zoning Status. Also available are a variety of automatic and by-request fax and email applications. Utility Notification, Plan Review Status, Inspection Results & History, plus static documents regarding permit processing, zoning, or any other topics can be sent via the system. To further advance the capabilities of Fo/be?ermite, Text-To-Speech, Speech Recognition, and Web?er/n/tsare available. FLEXIBLE AND SCALABLE Ye~ce?erin~ts is adaptable to the unique needs of any community. Built on a full featured, industry-standard, scalable environment that supports all standard architectures, the system is able to integrate with beth commercial and custom database systems. The system can also be attached to multiple hosts, allowing the jurisdiction to operate several departmental applications such as Business License, Courts, Elections, Parking Citation, Taxation, and Utility Billing, on one system, exponentially increasing return on investment. SYSTEM ADMINISTRATION J/o/caPer/nits is equipped with user-friendly, remote administration tools, with an easy-to- navigate graphical user interface (GU]} that allows even an amateur user to easily manage the system. Additionally, multiple standard reporting features are built into Yo/ce?er/n/?~ The system logs every transaction and provides detailed reports, such as Po~t Usage, Usage by Time of Day, Menu Selection, and inspection ?osting Information. KEY BENEFITS By taking over the majority of phone and data entry work being performed, Ve/be?ermit~ Improves accuracy by reducing transcription. Increases efficiency through decreasing time spent in the office. Reduces workload of office staff by equipping users with self-help capabilities. improves customer satisfaction by making information available quickly and easily. try it out for yourself to schedule a hands-on evaluation, or for more information, contact Selactron Technologies: 1-866-878-0048 er www. SelectronTeehnelegles,cem Selectron, Selectron Technologies, the Selectron Technologies logo, and all Selectron Technologies prod~t names contained herein are trademar~(s or registered trademarks of Seiectron Technologies, Ir~, in the USA and/or other cour~tries. technologies. Inc. VoicePermitsTM Fax/E-mail Functionality Selectron Technologies is continually expanding the capabilities of IVR technology beyond the basic functions. We focus on fully utilizing fax, e-mail, and multi-host integration. With these added features, Selectron is able to offer a wide range of add-on modules to truly customize IVR technology to meet your jurisdiction's needs. SMARTFAX This module is required to support a fax application on the IVR system. It is required only once, regardless of how many fax applications are utilized. SMARTE-MAIL This module is required to support an e-mail application on the IVR system. It is required only once, regardless of how many e-mail applications are utilized. CERTIFICATE OF OCCUPANCY (ON-DEMAND AND/OR AUTOMATIC) Enables jurisdiction to have Certificate of Occupancy documents automatically distributed. The IVR system creates the document as defined by the jurisdiction and faxes or e-mails it to the destination fax number or e-mail address contained in the host database. DYNAMIC INFORMATION SYSTEM This module allows callers to listen to informational messages and request copies of documents stored in a designated database ("library"). Callers can access the voice information boxes to retrieve recorded messages on procedures and policy, where to seek help, governmental meetings, minutes, schedule of events, etc. This module is perfect for distributing many kinds of documents: blank forms, job descriptions, annual reports, schedules, marketing materials, technical literature, etc. INSPECTION RESULTS & HISTORY Callers requesting results have the option to request the last inspection result and/or a complete history to be faxed or e- mailed to them. PLAN REVIEW STATUS This module allows calf ers to learn the status of a submitted plan in either a spoken, faxed or e-mailed format. Information provided to the caller can include approval status, dates submitted or completed, and associated fees. UTILITY NOTIFICATION With this module, the IVR system cae automatically fax a Request for Activation document to the utility when final inspection is completed. These fax documents can either be sent as the inspection information is posted by the inspector or batch-faxed at the end of the workday. ZONING STATUS This module allows callers to retrieve propert7 zoning status information contained in the host database. Once the zoning status plays, callers can optionally request a copy of the pertinent zoning regulations be faxed or e-mailed to them. Salton technologies, Inc. WebPermitsTM interactive web response system Web?ermi~ is a turnkey interactive Web response (IWR) solution built to meet the needs of Community Development agencies. Optimized for deployment within a jurisdiction's existing secured environment, WebPermitsenables users to interact with a permit datebase through the Web. Users may schedule or cancel inspections, review the status of plans, obtain inspection results, and pay fines or fees by credit card or e-check. WsbPermits allows easy access to permit records end enables processing functions to be performed in real time, 24 hours a day, 7 days a week, BASE SYSTEM FEATURES WebPermitsprovides information and services via the iotemet to building contractors and citizens. Users can schedule or cancel inspections and obtain inspection results or the history of a permit MODULAR FUNCTIONALITY ~/eb?erm/tsoffers a wide range of a ~a carte enhancement modules, including Payment Processing, Plan Review, and Zoning Status With the Payment Processing module account holders can make credit card or e- check payments, which are applied immediately to their account. This module is convenient when fees must be paid in order to schedule an inspection. The Plan Review module allows osers to check the status of a submitted plan, ang Zoning Status allows users to retrieve property zoning status and to view or print out any pertinent zoning regulations. FLEXIRLE Web?~rmitsis adaptable to the unique needs of any community, Built on a full featured, industry-stendard, scalable platform that supports alt standard architectures, the system is able to integrate with both commercial and custom database systems. SYSTEM ADMINISTRATION W~b?ermitsis equipped with eser*fdendly, remote administration tools, with an easy- to-navigate graphical user interface (GUI) that allows even an amateur user to easily manage the system. Additionally, multiple standard reporting features are built into Web?erm/?s Administrators and Operators with access to the judsdiction's intranet ceo generate, view, save, and print system usage reports using Intemet ExplorerTM 5, Netscape NavigatorTM 5 er newer. The system logs every transaction and provides detailed reports, such es Usage by Time of Day, Menu Selection, and Inspection Posting Information, KEY BENEFITS Increases efficiency by providing 24-hour access for permit and inspection processiog and zoning information. Reduces workload of office staff by equipping users with self-help capabilities. Improves customer satisfaction by making information available quickly end easily. try it out for yourself to schedule a hands-on evaluation, or for more information, contact Selectron Technologies: 1-866-878-0048 or www. SelectronTeehnologles.eom Selectron. Selectron T~chnologies, the Selectron Technologies logo, and all Selectron Technologies product n~es contained herein are trademarks or registered trademarks of Selectron Technologies, Inc. in the USA end/or other countries Selectron technologies. Inc. VoiceUtilityTM interactive voice response system Utility companies must regularly respond to routine account service cells, from account balance and payment history inquiries, to processing credit card payments. An Interactive Voice Response (IVR) system, enabling 24~hour automated voice, fax, and web access to account information could easily intercept many of these calls. Voi:~L/ti/ityTM is an interactive voice response solution developed to meet the needs of utility companies. By providing first-level customer service, the IVR system reduces the number of telephone calls that ere fielded by staff, and increases the level of service offered to consumers SYSTEM FEATURES Yo/b~L/t#/t?is a user-friend~y and efficient solution that is adaptable to the unique needs of any community. Using a tnuchtone telephone, consumers need only their account or customer ID number to instantly access a utility account. Information such as the current balance and the date of last payment can be quickly and easily retrieved, at any time, and from any location. Users may also request faxed documents detailing the same account information they can hear over the phone. MODULAR FUNCTIONALITY Yo/~/t///~yoffers a wide range of enhancement modules on an a la carte basis. Among these options are: Payment Processing Outbound Dialing, and Payment Arrangements, With the Payment Processing module account holders can make credit card or e- check payments, which are applied immediately to their account. The Outbound Dialing module allows Vo/beL/t/Z/ty to initiate an outbound telephone call to an account holder. The system then plays a pre-recorded message for delinquent account status, outage notification, or other defined applications. The Payment Arrangements module allows callers to extend the due date of a payment, in accordance with the business rules of the jurisdiction. FLEXIBLE AND SCALABLE Built on a full-featured, industry-standard, scalable environment that supports all standard architectures, YoioeL/ti/ityis able to integrate with both commercial and custom database systems. The IVB system can also be attached to multiple hosts, allowing jurisdictions to operate several departmental applications, such as Beilding and Planning, Business License, Community Development, Courts, Elections, Finance, or Taxation, on one system. This feature increases a jurisdiction's return on investment exponentially. KEY BENEFITS · 24-hour utility status information available by telephone, fax, and e-mail · Secure, remote access to host system for updating and retrieving information · Reduces telephone calls, improving staff efficiency · Accessible by anyone with a touchtone telephone, cell phone, or computer - in the office or at home try it out for yourself to schedule e hands-on evaluation, or for more information, contact Selectron Technologies: 1-866-878-0048 or www,SeleetronTeehnolegles,eem Selectron technologies, Inc. Selectron, Selactron TechnoloeTes, the Se;ectron Technologies logo, and all Selectron Technologies product names contained herain are trademarks or registered trademarks of Selectron Technologies. Inc. i~ the USA and/or other couctries. AGENDA ITEM NUMBER: ~,~'~ Request to be pieced on: Date: 2/2012004 X Cor-~ent Agenda __ Special Agenda __ Workshop Agenda When: ~/11/2004 Description of agenda item: Approval to purchase Interactive Voice Response System (to include software, hardware, and installation as ou0ined in the preposel) Eom Select]on Technologies, Inc. ($50,400) and HTE, Inc. ($8,050) with $41,650 funding coming from account number 334-6111-519-66.10 and $9,950 funding coming from account number 334-6111-519-64.11 $6.850 from Community Improvement Account 001-2721-524-66.10 ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO X YES NO Recommendation: Approval is recommended by Finance Director and MIS Manager. City Attorney Review/Reeonmlendation (if applicable): N/A Budget Director Review (required mt all items ilwoIviag expelxlJltlre of funds): Funding available: Yes X ~ No Funding alternatives (if applicable): Account Number: Account Description: Account Ba~anse: City Manager Review: Approved for Agenda: ~) ff'~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # [lTV I]F DELRRV BERTH FIRE-RESCUE DEPARTMENT SERWNG DELRAY BEACH GULF STREAM HIGHLAND BEACH DELRAY BEACH AII-AmerioaCIty 1993 2001 MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Kerry B. Koen, Fire Chief February 25, 2004 Purchase of Replacement Personal Protective Clothing The Fire Department recommends the purchase of thirty-five (35) sets of replacement fire fighting personal protective clothing from Fisher Scientific in the amount of $44,420.95 from the Broward County Co-Op bid. Funding is available in this current budget year from categories 001-2311-522-52-22; 001- 2313-522-52-22; and 001-2315-526-52-22. This purchase will enable us to continue our current replacement schedule for this personal protective equipment. Kerry B. Koen Fire Chief KBK/tw cc: Richard Murphy, Division Chief FIRE-RESCUE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444-2555 (561) 243-7400' FAX (561) 243-7461 ~,~ ~ Printed on Recycled Paper RightF&x 1/2012004 2:09 PAGE 2/3 Fisher $oienti£io I FISHER SCIENTIFIC I I QUOTATION I JA_NUARY 20, 2004 DELRAY BEACH FIRE DEPARTM 501 WEST ATLANTIC AVENUE PAGE: 1 FISHER SCIENTIFIC COMPANY LLC 6507 N. HA.RNEY ROAD TAMPA FL 33610 DELRAY BEACH FL 33444 (800) 226-1126 ATTN: RICH ~KIRPHY CUST REF NBR QUOTE 2004 GEAR ACCOUNT NBR: 813864-001 I REQUESTOR: RICH 5K/RPHY QUOTE NBR: 4020-2976-93 I PHONE: 5612437414 TERMS: NET 30 DAYS I FOB: DEST DUE DATE: I AUTHORIZED BY: FLO SALAMAK *** PRICES APE FIRM THRU 02/19/04 *** PLEASE REFER TO THE QUOTE NBR ON ALL CORRESPONDENCE THANK YOU FOR YOUR INTEREST IN FISHER SCIENTIFIC COMPA/~Y LLC SAFETY REP: CARTER HALL NBRI QTY IUNI C_~kTALOG NBR I DESCRIPTION I UNIT PRC I EXTD PRC 11 ll EAINON-CJ~TALOG 21 1lEA -CATALOG BPR 2510 TAILS GOLDEN BROWN VNDR NBR = 0061647 CAT NBR = FLDELB00025 BPR 2510 PANTS GOLDEN BROWN VNDR NBR = 0061647 VNDR CAT NBR = FLDELB00026 MERCHANDISE TOTAL **PRICES BASED ON BROWA~,D COUNTY CO-OP BID* 748.14 521.03 1,269.17 RightF&x 1/20/2004 2:09 PAGE 3/3 Fisher Scienti£ic QUOTATION TERMS AND CONDITIONS Fisher Scientific Company and/or its Curtin Matheson Scientific division (collectively the ~Distfibutor') will sell to the customer (~Customer') and Customer will purchase from Distributor the quoted products, subject to the following terms and conditions: PRICES: All pdces are quoted F. Q B shipping point for the indicated firm period. Customer shall pay ail federal, state, municipal or other sales or use tax or any other taxes upon the Products or services provided to Customer by Distributor. Distributor reserves the right to make additional charges for special packaging, shipping and handling required to comply with manufacturers' specification, applicable DOT or other regulations, or to meet Customer requirements. Distributor expressly disclaims any representation or warranty concerning "most favored customer" pricing which may appear in any Customer's documents in connection with the sale of any Products by Distributor to Customer. TERMS: Distributor's standard terms of 30 days net are applicable to all domestic and foreign shipments. Invoices against Products shipped outside the United States are payable in United States currency. Distributor reserves the right to collect interest at a rate equal to the higher applicable lawful interest rate on invoiced amounts not paid within thirty (30) days of invoice date, with interest to accrue monthly until full payment is received, DELIVERY: All shipping dates are approximate. Distributor reserves the right to substitute alternate Products with equivalent specifications for those ordered, Customer shall have the right to return any substituted Products at no charge by fo{lowing Distributor's return goods policy. PRODUCT WARRANTY AND INDEMNITY: To the extent possible, Distributor will make available to its Customers the manufacturers' warranties for products purchased by Customer, without recourse to Distributor. Distributor warrants to Customer that during the manufactures specified warranty period, Distributor or manufacturer will, upon prompt notification and compliance with Distributor's instructions, repair or replace, at Distributor's sole option, any Product which is defective in material or workmanship. No employee, agent or representative of Distributor has the authority to bind Distributor to any oral representation or warranty concerning any Product sold. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of Distributor shall not be enforceable by Customer. Distributor makes no warranty and shall have no obligation with respect to expendable or consumable parts and supplies nor with respect to damage caused by resulting from accident, misuse, neglect, or unauthorized installation, aflerations or repairs to the Products. DISTRIBUTOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY. AND FITNESS FOR A PARTICULAR PURPOSE. Distributor's sole responsibility and the Customer's exclusive remedy for any claim arising out of the purchase of any Product is repair or replacement, as described above. In no event shall Distributor's liability exceed the purchase price paid therefor; nor shall Distributor be liable for any claims, losses or damages of any third party or for lost profits or any special, indirect, incidental, consequential or exemplary damages, howsoever arising, even if Distributor has been advised of the possibility of such damages, Except as otherwise expressly set forth herein, Distributor disclaims any obligation to defend or indemnify Customer, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of Distributor's acts or omissions or the sale or use of the Products provided to Customer by Distributor, RETURN GOODS POLICY: Products described in Distributor's policy may be returned to Distributor within 30 days for replacement or adjustment. To assure prompt handling, Customer must obtain a return goods authorization number from Distributor and reference this number on retum shipping documents. Returns made without the authorization number will be returned to the Customer, freight collect. Distributor reserves the right to reserve any credit issued to Customer: (D for any Product not returned after authorization and request by Distributor; or (ii) if, upon return, such Product is determined by Distributor not to be defective. Copies of Distributor's policy are available upon request. FREIGHT CLAIM POLICY: Even with the greatest of care, occasional damages or shortages are unavoidable. Upon receipt of a shipment from Distributor, Customer shall unpack and inspect it for damage and shortage. Customer shall not accept a damaged or short shipment until the delivering carrier's driver has made a "damage" or "shortage" notation on Customer's copy and the carrier's copy of the freight bill. Customer must notify the cartier immediately. If damages are noted. Customer should immediately request the carrier to make an inspection. Concealed damage must be reported to the carder within 15 days of delivery. At[ shipping containers and packing materials must be retained by Customer for the inspection. Salvage must be held for carrier's disposition, MEDICARE/MEDICAIO REPORTING REQUIREMENTS: The prices shown on this quotation are net of discounts provided at the time of purchase. Some Products may be subject to additional discounts agreed upon between the parties. By accepting such Products, customer agrees to comply with such reporting requirements as may be imposed on it under federal Medicare and Medicaid programs and state health care programs. 42 CFR Section 100 1 952 (N). SOFTWARE: If the Products include computer programs ("Software"), the ~sale" of such Software shall not constitute a sale or transfer of proprietary dghts in or to the Software but rather shall only constitute the right and license to use the Software in accordance with applicable specifications, instructions and license terms and conditions of the licensor, PATENTS: If notified promptly in writing of any action or claim against Customer, that Customer's purchase or use of the Product infringes a United States patent. Distributor will defend such action at its expense and will pay the costs and damages awarded in any such actions, provided Distributor shall have sole control of the defense of the action and all negotiations for its settlement or compromise. Distributor shall not have any liability to Customer if the infringement or claim thereof is based on (I) the use or sale of the Product in combination with other products or devices which are not furnished in combination by Distributor or (ii) the furnishing to Customer of any information, service or applications assistance. In no event shall Distributor's total liabi~ify to Customer under this provision exceed the amount paid by Customer to Distributor for the Product alleged to infringe. The foregoing states the entire liability of Distributor to Customer with respect to infringement of patents by the Products, any parts thereof or their operation FORCE MAJEURE: The performance by Distributor of any covenant or obligation on its part to be performed under any agreement with Customer shall be excused by floods, strikes, or other labor disturbances, riots, fires, accidents, wars, embargoes, delays of carriers, failure of power, or regular sources of supply, acts, injunctions, or restraints of government, or any other cause preventing such performance, beyond Distributor's reasonable control. LIMITATION OF ACTIONS: Any cause of action for breach of warranty must be brought by the Customer, if at all, within one (1) year from the date the cause of action accrued. Any discrepancy in Distributor's pricing or other charges shall be deemed waived by Customer unless Customer notifies Distributor thereof. in writing, within ninety (90) days from the date of the invoice on which such disputed transaction is reflected, MISCELLANEOUS: These Terms and Conditions shall control as to any Products provided by Distributor to Customer hereunder. None of the terms and condflions contained herein may be added to, modified, superseded or otherwise altered except by whtten instrument signed by du~y authorized representatives of Distributor and Customer. 82/13/2884 89:41 8662893627 F: I: S: H: E: R PAGE 81/01 Fis. er 'SMe Fie and ~e~ency ~ervlc~s A Fishel $clen~fi¢ Company 6507 Nc=rth Hamey Road Tampa, =L 33610 Tel: 800-226-4732 Fax; 86~-209-3027 www. fi:; hema ~'eb/.co m To: T~,'..x Whsa~=ley FAX#: ~1-24~-74~1 Page (s) ~ I Da~e: 9~4-444-9~68 o= B00-226-11~6. ~Proudfoo~ x34'L Jeff=ay. Proudfoot @ Pimhess[oi. corn AGENDAITEMNUMBER: "~.~"~ Request to be placed on: X Consent Agenda When: AGENDA REQUEST March 11, 2004 Date: February 25, 2004 __ Special Agenda __ Workshop Agenda Description of agenda item: Request City Commission's approval for the purchase of thirty-five (35) sets of replacement fire fighting protective clothing from Fisher Scientific Company. Amount of this purchase is $44,420~95 and we will utilize the Broward County Co-Op Bid. ORDINANCE/RESOLUTION REQUIRED: YES Attached: YES NO X NO Recommendation: Approve purchase of fire fighting protective clothing. Department Head Signature: I~i=C~hie;L KerryB. Ko , ' ' 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 X No Funding alternatives: (if applicable) Account Number: 001-2311-522-52-22, 001-2313-522-52-221 001-2315-526-52-22 Account Description: Uniforms and Linen Account Balance: ~ ~, fi ~'~',~, City Manager Review: for agenda: Approved Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved P.O.# [ITY DF I]ELm:IY BEACH FIRE-RESCUE DEPARTMENT SBRVlNG DELRAY BEACH GULF STREAM HIGHLAND BEACH DELRAY BEACH Ali-America City 1993 TO: David T. Harden, City Manager 2001 FROM: Kerry B. Koen, Fire Chief DATE: February 25, 2004 SUBJECT: Purchase of Triage Cardiac System The Fire Rescue Department is requesting the purchase of ten (10) portable cardiac enzyme detection devices known as the Triage Cardiac System. The purchase of these portable devices will equip all ALS first response vehicles and provide our Paramedics with the capability to detect specific enzymes in the blood of patients suffering an Acute Myocardial Infarction (heart attack). It will also detect the enzyme associated with Acute Pulmonary edema. This test will assist Paramedics in making better informed transport decisions to the most appropriate area hospital, and allow the Paramedic to alert the hospital that the patient has suffered damage to the heart, allowing the hospital time to properly prepare for the incoming emergency. I have attached an agenda request form for your approval and recommend Biosite, Inc., a sole source vendor, for this purchase. The total cost of this purchase is $47,500.00 and funding is available from 001-2315-526-64-90 which will be reimbursed from a recently awarded EMS grant from Palm Beach County. Kerry B. Koen Fire Chief KBK/tw cc: Robert Moreland, Division Chief FIRE RESCUE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444-2555 (561) 243-7400 ° FAX (561) 243-7461 Printed on Recycled Paper Department of Public Safety Division of Emergency Management )ffice of Bmergency Medical Services 20 S. Military Trail la, st Falm Beach, FL 33415 (561) 712-6400 FAX: (561) 712-6449 www. pbcgov.com Palm Beach County Board of County Commissioners Karen T. Marcus. Chair Tony Masilorti. Vice Chairman Jeff Koons Warren H. Newer Mary McCarty Burr Aaronson Addle L. Greene County Administrator Robert Weisman January 30, 2004 EMS Division Chief Robert Moreland, III City of Delray Beach Fire Rescue Dept. 501 West Atlantic Avenue Delray Beach, FL 33444 Dear Ch/cf Moreland: Re: Grant C3050 We are pleased to inform you that the State EMS Office has signed the C3050 Grant Application and the monies have been received. Please proceed in accordance with the enclosed work schedule. Also enclosed is the EMS County Grant Time Line which will provide you with information regarding the above grant, as well as important dates for the FY 2005 Grant applications/meetings. Please note that the first Activitity and Expenditure Report is due April 5 for the period October l, 2003 through March 31, 2004. Please be sure to use the new forms that was sent to you. Should you have any questions, please call our office and we will be glad to assist you. Rgl~ert A. Butterfield EMS Manager Div. of Emergency Management Enos. (2) AGENDAITEMNUMBER: ~[~,~ Request to be placed on: X Consent Agenda When: AGENDA REQUEST March 11, 2004 Date: Special Agenda February 25, 2004 __ Workshop Agenda Description of agenda item (who, what, where, how much): Request City Commission's approval for the purchase of ten (10) portable cardiac enzyme detection devices known as the Triage Cardiac System. This equipment is available from Biosite, Inc., a sole source vendor. The total cost is $47,500.00 and funding is available from an EMS grant award from Palm Beach County. The project number is C-3050. ORDINANCE/RESOLUTION REQUIRED: YES Attached: YES NO X NO Recommendation: Approve purchase of ten (1) Triage Cardiac Systems. Department Head Signature: ~( ~ ~'-~' Kerry B. Koen, Fire Chief 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 X No Funding alternatives: (if applicable) Account Number: 001-2315-526-64-90 Account Description: Equipment- Other City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved No Disapproved P.O.# PUBLIC WORKS MEMORANDUM TO: David T. Harden, City Manager FROM: THRU: DATE: William E. Darty, Fleet Superintendent Dennis Kelly, Interim Public Works Directo~ March 4, 2004 SUBJECT: CITY COMMISSION MEETING MARCH 11, 2004 BID AWARD - REPLACEMENT VEHICLES Action City Commission is requested to approve bid awards for replacement of City vehicles per staffrecommendation. Funding is available in account 501-3312-591-64.20 (Vehicle Replacement). Backaround 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 proposed list of the vehicles being recommended for replacement this fiscal year. Recommendation Staff recommends various bid awards from the Florida Sheriff Association Contract, as spacified in Attachment "B' and from the State of Florida Contract Attachment "C". The unit costs include various 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 oftha recommended purchases is $313,474.00. Additional vehicles will be proposed for replacement at future meetings. Funding is available from the FY03-04 budget in City Garage Account #501-3312-591- 64.20. Attachments (3) City of Delmy Beach Proposed Vehicle Replacement Listing FY 03-04 Affachment "B" Florida Sheriffs Association Line New Vehicle Line Item # Dee~riptle~ Vendor Make ~ Co~t Total Cost 5 To~ Standard Cab FSA SPEC #~21 Dodg~ I Ton Utility track 24,017 24,017 14 4 Deor FWD -'SA SPEC #4 Ford Taurus 16,330 40,347 18 4 Door SUV FSA SPEC #9 Ford ~ 4X4 4ricer 26,143 66,49C 20 FWD Admin Car FSA SPEC ~ Ford Taurus 16,330 82,82C 22 FWD Admin Car FSA SPEC ~ Ford Taurus 16,330 99,15( 25 15 Passenger FSA SPEC #t6 Ford E-350 club wagon 20,591 119,741 27 40oor FWD FSA SPEC #-4 Ford Taurus 16,625 136,3~ 28 Poll~e Intercepter FSA SPEC #1 Ford Crown Vic Pursuit 29,086 165,452 29 Police Intarcep{er FSA SPEC #1 Ford Crown Vic Pursuit 29,086 194,53~ 30 4 Door 4X4 SUV -'SA SPEC #9 Ford F_xptorer 4X4 4door 25,848 220,~c 31 FWD Admin Car FSA SPEC #4 Ford Taurus 16,330 236,71~ 1/16/04 City of Delmy Beach Proposed Vehicle Replacement Listing FY 03-04 Affachment "C" State Contract ~ne New Vehlc, le Une Item De~tplion Vendor Mak~ Model CO~ Total Coat 2t FWD Admln Car State0702~0325 Chevy Impala 20,1t0 20,110 23 FVVDAdrnlnCar State070200325 Chevy Impala 20,110 40,220 26 FVVDAdminCar State070200325 Chevy Impala 20,110 60,330 33 Frt Deck Mower State515630031 Toro Gmundsmaster328 16,428 76,758 1/16/04 MEMORANDUM TO: FROM: THROUGH: David T. Harden, City Manager Jacklyn Rooney, Purchasing Manager Joseph Safford,(~ce Director DATE: March 04, 2004 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MARCH 16, 2004 - B1D CONTRACT RENEWAL BID #041-2821-03/CJD - CITY OF BOYNTON BEACH CO-OP BID FOR ANHYDROUS AMMONIA Item Before Commission: The City Commission is requested to approve the one year renewal with Tanner Industries for the purchase of Anhydrous Ammonia for the Water Treatment Plant at an estimated annual cost of $18,550 via the City of Boynton Beach Co-op Bid #035-2821-04/CJD (old bid # was 041-2821- 03/CJD). Background: The City of Boynton Beach is the lead agency for this Palm Beach County Co-operative bid for the purchase of anhydrous ammonia. This bid was awarded to Tanner Industries on May 06, 2003 by the Delray Beach City Commission (copy of award letter to vendor attached). The City of Boynton Beach has renewed the contract for an additional year with the expiration date of April 14, 2005. See attached memo from City of Boynton Beach dated February 10, 2004 to Tanner Industries. Recommendation: Purchasing staff recommends the contract renewal with Tanner Industries for the purchase of Anhydrous Ammonia at an estimated annual cost of $18,550 via the City of Boynton Beach Co- op Bid #035-2821-04/CJD (old bid #041-2821-03/CJD). Funding from account code 441-5122- 536-52.21. Attachments: Award Letter to Tanner from City of Boynton Beach Letter From City of Boynton Beach to Tanner Industries Renewal Letter From City of Boynton Beach to City of Delray Beach (lTV OF DELRFIY BEFI£H DELRA¥ BEACH Afl-America City 1993 2001 lOO N,W. 1st AVENUE May 12, 2003 DELRAY BEACH, FLORIDA 33444 Thomas J. Heam Tanner Industries, Inc. 735 Davisville Road Southampton, PA 18966 RE: Co-op Bid Anhydrous Ammonia City of Boynton Beach Bid #041-2821-03/CJD Dear Mr. Heam; Our City Coxnmission, on May 06, 2003, approved the award of the above referenced subject to your company via the City of Boynton Beach Co-op Bid #041-2821-03/CJD at an estimated annual usage of $18,550 at $.265 per lb. Term of the Co-op contract is April 15, 2003 to April 14, 2004. Items shall be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term. Please submit to City of Delray Beach Purchasing a Certificate of Insurance as requested in the Bid Specifications naming the City of Dekay Beach as additional insured. We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions regarding this subject, you may contact me at (561) 243-7163. Purchasing Manager cc: Joseph Saffor~anee Director John Bullard, Manager Water Treatment Plant Dan Beatty, Deputy Director Public Utilities 561/243-7000 (~PrintedcnRecycledPaper THE EFFORT ALWAYS MATTERS d PROCUREMENT SER VICES 100 E. BO YNTON BEA CH BOULEVARD P.O. BOX310 BO yNrdYON REA CH~ FLORIDA 33425-0310 T~EPHONE NO: (561) 742-6320 FAX: (561) 742-6306 February 10, 2004 TANNER INDUSTRIES, INC. 753 DAVISVILLE ROAD SOUTHAMPTON, PA 18966 ATTN: THOMAS J. HEARN RE: "ANNUAL CONTRACT FOR ANHYDROUS AMMONIA" NEW BID # 035-2821-04/CJD Dear Mr. Hearn, The BID for "ANNUAL CONTRACT FOR ANHYDROUS AMMONIA" has been extended to your company under the existing contract with the same terms and conditions for an additional year. Thank you for extending this BID and we look forward to working with you during this contract period. If you have any questions or concerns, please contact this office at (561) 742-6323. Sincerely, Bill Atkins Deputy Director of Financial Services Bob Kenyon - Deputy Utilities Director Barb Conboy- Utilities Manager Central File File Distribution: City of Belle Glade - Chuck Stamm City of Boca Raton - Lynn Kunkle City of Delray Beach - Jackie Rooney City of Lake Worth - Tom Anderson City of Pompano - Leeta Hardin City of Riviara Beach - Carl Staley Village of Tequesta - Roy Fallen Village of Wellington - Para Thompson Palm Beach County - Vemetha Green Town of Lantana - Anna Blanco AMERICA 'S GATEWAY TO THE GULFSTREAM AGENDAREQUEST Request to be placed on: March 16, 2004 Date: March 04, 2004 XX Consent Agenda Special Agenda __ Workshop Agenda Description of agenda item: Approval for one year renewal of bid award to Tanner Industries for the purchase of Anhydrous Ammonia at an estimated annual cost of $18,550 via the City of Boynton Beach Co-op Bid #-035- 2821-~3/CJD (old bid #041-2821-03/CJD). ORDINANCE/RESOLUTiON REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve one year renewal award to Tanner Industries for the purchase of Anhydrous Ammonia at estimated annual cost of $18,550 via the City of Boynton Beach Co-op Bid #035-2821 -~J~,,/CJ,~ an (old bid #041-2821-03/CJD). Funding from account code 441-5122-536-52.21. (For fiscal year April 2004 to April 2005) Department Head S gnature: ~- // - Determination of Consistency wi~ Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes I ~ No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda~7~r~ Hold Until: No Agenda Coordinator Review: Received: City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden, City Manager FROM: Randal L. Krejcarek, P.E., City Engineer DATE: March 2, 2004 SUBJECT: Alley @ Ocean City Lumber Block 84 & Dixie Highway / S.E. t0th Street Drainage Improvement. ProJect # 2002-042 & 2003-048 Contract Award Commission Agenda Item This agenda item is for Commission approval/authorization for Mayor to execute Contract with Almazan Brothers, Inc. This Contract is for Alley @ Ocean City Lumber Block 84 Water and Drainage Improvement & Dixie Highway / S,E.10t~ Street Drainage Improvement. Total cost for this Contract is $143,508.00 Funding is provided as follows: Account # 442-5178-536-63.50 448-5461-538-65.77 Total Description Water Main Upgrades Old Dixie Hwy. Contm~ Amount $ 61,872.00 $ 81,636.00 $ 143,508,00 Account Balance j,'), 126,500.00~' 82,000.0~3.~ The attached map shows the project locations and the complete bid tabulation for this project. Please place this item on the March 11, 2004 Commission Agenda. Thanks. enc cc; Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file S:~EngAdmin~Projects~2003~2003-O481OFFIClAL ~2003-O48 agendamerno, doc ~i ~ ~~ ATLANTIC AVENUE $1r STREET ST¸ (~ CITY of DELRAY BEACH ALLEY @ OCEAN CITY LUMBER BLK 84 & SE lOTH ST. LOCATION MAP 1 OF1 Date: March 2, 2004 AGENDA ITEM NUMBER:~O AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Agenda Special When: Description of Agenda Item (who, what, where, how much): The attached agenda item is for Commission approval/authorization for Mayor to execute Contract with Almazan Brothers Inc. This Contract is for Alley @ Ocean City Lumber Block 84 Water and Drainage Improvement & Dixie Highway / S.E.10th Street Drainage Improvement. Total cost for this Contract is $143,508.00. Funding is provided as follows: Account # Description Contract Amount Account Balance 442-5178-536-63.50 Water Main Upgrades $ 61,872.00 126,500.00 448-5461-538-65.77 Old Dixie Hwy. $ 81,636.00 82,000.00 Total $ 143,508.00 Staff Recommendation: AP VI~5~Contract Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes/No Initials:~4~l~ Account Number See above (/- Description See above Account Balance: See above Funding Alternatives: City Manager Review: Approved for Agenda: ~ / No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2003\2003-048\OFFICIAL\2003-48 agenda.doc (if applicable) MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~'~ AGENDA ITEM # I q/~ q2) - REGULAR MEETING OF MARCH 11. 2004 RESOLUTION NO. 21-04 MARCH 5, 2004 This is before the Commission for the approval of Resolution No. 21-04 which recommends the City of Dekay Beach for the Florida League of Cities, Inc., Florida City of Excellence Award. Recommend approval of Resolution No. 21-04. S:\City Clerk\agenda memos\Res. No. 21-04 Fla. League of Cifes, Ha City of Excellence Award.03.11.04 RESOLUTION NO. 21-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOMMENDING THE CITY OF DELRAY BEACH, FOR THE FLORIDA LEAGUE OF CITIES, INC., FLORIDA CITY OF EXCELLENCE AWARD. WHEREAS, under the outstanding leadership of City Manager David T. Harden, the City of Delray Beach has won the All America City Award in 1993 for completing the 1989 Decade of Excellence infrastructure projects and again in 2001 for our citizen outreach programs; and WHEREAS, the City of Delray Beach has received numerous awards for our partnership programs with private industry; and the School Board of Palm Beach County to provide for excellence in our public and private schools throughout the City; and WHEREAS, numerous outreach programs have been established which include the Residents Academy, CERT (Citizens Emergency Response Team); Haitian Roving Patrol, and Neighborhood Advisory Council; and WHEREAS, the City Commission of the City of Dekay Beach desires to recommend the City of Delray Beach for the Florida City of Excellence Award. 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 hereby recommends the City of Delray Beach for the Florida City of Excellence Award. PASSED AND ADOPTED in regular session on the 11th day of March, 2004. ATTEST: MAYOR City Clerk MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ RESOLUTION NO. 22-04 DATE: MARCH 5, 2004 - REGULAR M~.ETING OF MARCH 11. 2004 This is before the Commission for the approval of Resolution No. 22-04 which recommends Mayor Jeff Perlman for the Florida League of Cities, Inc., Mayor of the Year Award. Recommend approval of Resolution No. 22-04. S:\City Clerk\agenda memos\Res. No. 22-04 Fla. League o f Citles Mayor Award.03.11.04 RESOLUTION NO. 22-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOMMENDING MAYOR JEFF PEKLMAN FOR THE FLORIDA LEAGUE OF CITIES, INC., MAYOR OF THE YEAR AWARD. WHEREAS, Jeff Perlman served on the City Commission of the City of Delray Beach as Commassioner from 2000 until 2003; in March 2003 he was unopposed and therefore elected as Mayor of the City of Delray Beach; and WHEREAS, Jeff is a dynamic individual who exemplifies the ideal of community service and involvement; and WHEREAS, Jeff serves on many boards and comrmttees and through his initiative and leadership has brought groups together with a common goal of doing what is in the best interest of all the citizens of Delray Beach; and WHEREAS, the City Commission of the City of Deltay Beach desires to recommend Jeff Perlman for the Florida League of Cities, Inc. Mayor of the Year Award. 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 hereby recommends Jeff Perlman for the Florida League of Cities, Inc. Mayor of the Year Award. PASSED AND ADOPTED in regular session on the 11th day of March, 2004. ATTEST: MAYOR City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~OBERT A. BARCINSKI, ASSISTANT CITY MANAGER SUBJECT: AGENDA ITEM # ~(~ - REGULAR MEETING OF MARCH 11, 2004 RESOLUTION NO. 23-04 DATE: MARCH 5, 2004 This is before the Commission for the approval of Resolution No. 23-04 which recommends David T. Harden, City Manager, for the Florida League of Cities, Inc., Manager of the Year Award. Recommend approval of Resolution No. 23-04. S:\City Clerk\agenda memos\Res. No. 23-04 Fla. League of Cities Manager Award.03.11.04 RESOLUTION NO. 23-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOMMENDING DAVID T. HARDEN, CITY MANAGER OF THE CITY OF DELRAY, FLORIDA FOR THE FLORIDA LEAGUE OF CITIES, INC., CITY MANAGER OF THE YEAR AWARD. WHEREAS, the City of Delray Beach, Florida hired David T. Harden as City Manager on May 21, 1990; and WHEREAS, David has served this City with integrity, outstanding leadership and the pursuit of excellence; and WHEREAS, with David Harden's take charge attitude, outstanding leadership and pursuit of excellence he led the City to win the prestigious All America City Award in 1993 and 2001; and WHEREAS, under the leadership of David T. Harden, the city completed many major infrastructure projects under the 1989 Decade of Excellence Bond issue, has a thriving Downtown and has been featured by Florida Trend as the Best Run City in Florida; and WHEREAS, the City Commission of the City of Delray Beach desires to recommend David T. Harden for the Florida League of Cities, Inc., and City Manager of the Year Award. 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 Dekay Beach hereby recommends David T. Harden for the Florida League of Cities, Inc., City Manager of the Year Award. PASSED AND ADOPTED in regular session on the 11th day of March, 2004. ATI'EST: MAYOR City Clerk MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # <~ 1~ - REGULAR MEETING OF MARCH 11, 2004 RESOLUTION NO. 24-04 MARCH 5, 2004 This is before the Commission for the approval of Resolution No. 24-04 which recommends Lula Butler, for the Florida League of Cities, Inc., Employee of the Year Award. Recommend approval of Resolution No. 24-04. S:\City Clerk\agenda memo~\Res. No. 24-04 Fla. League of Cities Employee of Yr. Award.03.11.04 RESOLUTION NO. 24-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOMMENDING LULA BUTLER FOR THE FLORIDA LEAGUE OF CITIES, INC., CITY EMPLOYEE OF THE YEAR AWARD. WHEREAS, Lula Buffer was hired by the City of Delay Beach, on January 6, 1986, and serves the City as Community Improvement Director; and WHEREAS, Lula is a dynamic individual who exemplifies the ideal of community service and involvement and has been instrumental in the organization of Neighborhood Homeowners Associations throughout the city, the development of the Residents Academy, and a lead person on the city team who won the prestigious All America City Award in 1993 and 2001; and WHEREAS, Lula is active in the commumty serving on many boards and committees including being a mentor for the Youth Council, Old School Square Cultural Center and actively involved in her church; and WHEREAS, the City Commission of the City of Delray Beach desires to recommend Lula Buffer for the Florida League of Cities, Inc., Employee of the Year Award. 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 Dekay Beach hereby recommends Lula Buffer for the Florida League of Cities, Inc. Employee of the Year Award. PASSED AND ADOPTED in regular session on the 11th day of March, 2004. AITEST: MAYOR City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~'~BERT A. BARCINSKI, ASSISTANT CITY MANAGER SUBJECT: AGENDA ITEM # ~c~S - REGULAR MEETING OF MARCH 11. 2004 RESOLUTION NO. 25-04 DATE: MARCH 5, 2004 This is before the Commission for the approval of Resolution No. 25-04 which recommends David T. Harden for the International City Manager's Association (ICMA) Award for Career Excellence. Recommend approval of Resolution No. 25-04. S:\City Clerk\agenda memos\Res. No. 25-04 ICMA awarc. LCareer Excellence.03.11.04 RESOLUTION NO. 25-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOMMENDING DAVID T. HARDEN, CITY MANAGER OF THE CITY OF DELKAY, FLORIDA FOR THE INTERNATIONAL CITY MANAGER'S ASSOCIATION AWARD FOR CAREER EXCELLENCE. WHEREAS, the City of Dekay Beach, Florida hired David T. Harden as City Manager on May 21, 1990, and he has been a member of the International City Manager's Association for over 31 years, and WHEREAS, David has served this City with integrity, outstanding leadership and the pursuit of excellence; and WHEREAS, with David Harden's take charge attitude, outstanding leadership and pursuit of excellence he led the City to win the prestigious All America City Award in 1993 and 2001; and WHEREAS, under the leadership of David T. Harden, the city completed many major infrastructure projects under the 1989 Decade of Excellence Bond issue, has a thriving Downtown and has been featured by Florida Trend as the Best Run City in Florida; and WHEREAS, the City Commission of the City of Delray Beach desires to recommend David T. Harden for the International City Manager's Association Award for Career Excellence. 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 hereby recommends David T. Harden for the International City Manager's Association Award for Career Excellence. PASSED AND ADOPTED in regular session on the 11th day of March, 2004. A I'I i~ST: MAYOR City Clerk TO: FROM: SUBJECT: DAV~R~TY. MAN AG ER APPEAL OF AN ADMINISTRATIVE INTERPRETATION RELATING TO THE HOTEL VISTA DEL MAR PROJECT The action requested of the City Commission is that of consideration of an appeal of an administrative interpretation by the Director of Planning and Zoning. The Director determined that certain modifications to the site plan previously approved by the Site Plan Review and Appearance Board should be classified as a Class II site plan modification, pursuant to LDR Section 2.4.5(G)(1)(b). The subject property is located on the west side of S. Ocean Boulevard, south side of E. Atlantic Avenue. The Director's interpretation was appealed on February 11, 2004, by Harvey F. Oyer of Gunster, Yoakley & Stewart. The Site Plan Review and Appearance Board considered the site plan modification on February 11, 2004, and tabled action on the modification primarily relating to concerns with traffic circulation. The appeal is being processed pursuant to LDR Section 2.4.7(E) (1) Appeals. A Class II site plan modification was processed based on the assumption that the City had lost the lawsuit associated with this development proposal and there was an approved site plan of record. In reviewing the Court Order it appears that the assumption was not accurate. The Court Order, in fact, directed the City Commission to make findings of fact to support its rejection of the original site plan. Given this, it would appear that a site plan modification (Class II) of a non approved site plan is not appropriate. Therefore, the proposed administrative interpretation should not be upheld. While the interpretation should be overturned, I would disagree with the assertion by the appellant that if there were an approved site plan the proposed modifications are not of a Class II nature. The proposed changes do not change the intensity of the proposal (same number of rooms) and are primarily modifications to the elevations, configuration of the access points and the layout of the underground and ground level parking garage under the building. Pursuant to LDR Section 2.4.5(6)(B)(i)(b) a Class II site plan modification is a modification to the site plan which requires no review of Performance Standards found in Section 3.1.1, but which requires action by the Board. LDR Section 3.1.1 required findings relate to Future Land Use Map, Concurrency, Consistency, and Compliance with LDR's. This modification would not change the required findings nor require additional review with respect to the relationship between the Zoning and Land Use Map designations, concurrency (exact same intensity), or consistency of the use (same use at the same intensity). While review of LDR's is necessary it is limited to the specific changes to the elevations, access points, and parking lot layout only. °,4, City Commission Documentation Appealable Items Meeting of October 7, 2003 Page 2 Recommend granting the appeal and requiring either the prior Class V site plan to be considered by City Commission as directed by the Court or processing of the proposed modifications as a new Class V site plan. Attachments: New Proposal Previous Site Plan ITl ITl ITl r- 0 "0 ITl Z --I z Jl O3 133 C~ 0 z HP DESIGN JET 600 PLOT MARKS P II :'1t! 71 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ~, ~r~ PAUL DORLING, DIRECTOR OF PLA IN AND ZONING) MEETING OF MARCH 11, 2004 CONDITIONAL USE REQUESTS TO ALLOW A DENSITY IN EXCESS OF 30 UNITS PER ACRE AND TO ALLOW FOR A BUILDING HEIGHT UP TO 60' IN THE CENTRAL BUSINESS DISTRICT (CBD). THE REQUESTS ARE IN CONJUNCTION WITH VILLAS IN THE GROVE, A PROPOSED MIXED-USE DEVELOPMENT TO BE LOCATED AT THE NORTHEAST CORNER OF NE 1sT STREET AND NE 2ND AVENUE (APPROXIMATELY 2.1 ACRES). The conditional use requests are associated with the establishment of a mixed-use (residential/retail/office) development, known as Villas in the Grove, at the current "Creations of Delray Beach" property. The development proposal consists of the demolition of the one-story portion of the existing "Creations of Delray Beach" building; the construction of a five-story building adjacent to the F.E.C. Railroad and north of the two-story portion of the "Creations of Delray Beach" building that is to be retained; and construction of a four-story mixed-use building along Pineapple Grove Way. The proposed five-story building will consist of two and one-half levels of parking and three levels of residential dwelling units (39 units total). The proposed four-story mixed-use building will contain 51 residential dwelling units, six (6) retail bays totaling 8,056 square feet, two (2) office bays totaling 2,138 square feet and a sheltered parking area. Conditional use approval has been requested to allow a density in excess of 30 units per acre (43 du/ac proposed) and to allow for a building height of up to 60' (58'-2" proposed). The proposed height of the building along the F.E.C. Railroad is 58'-2", the visibility of which will be tempered from Pineapple Grove Way and the neighborhood to the east by distance. The majority of the proposed building along Pineapple Grove Way will not exceed the maximum building height of 48', however the bathroom facility (located on the east side of the building, away from Pineapple Grove Way) and pergolas associated with the "moon terraces" will have a maximum height of 58'-2". A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of February 23, 2004. At its meeting of February 23, 2004, the Planning and Zoning Board held a public hearing in conjunction with the conditional use requests. Presentations were made by staff, the applicant and an attorney representing the property owner. Testimony was given by two (2) members of the public in opposition to the requests. After deliberation, the Board recommended approval of both conditional use requests on a vote of 4-0 (Borchardt and Pike absent), based upon positive findings with respect to the objectives and policies of the Comprehensive Plan, Land Development Regulations (LDR) Chapter 3, LDR Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), and 4.4.13(I) and the Pineapple Grove Main Street Neighborhood Plan. The recommendation was made subject to the conditions listed in the Planning and Zoning Board staff report. City Commission Documentation Conditional Use - Villas in the Grove Page 2 By separate motions: r~ Approve the conditional use request for Villas in the Grove to allow a height in excess of 48' (58'-2"), based upon positive findings with respect to Land Development Regulations Sections 2.4.5(E) (5) and 4.3.4(J) (4) (b), subject to the conditions listed in the Planning and Zoning Board staff report; and r~ Approve the conditional use request for Villas in the Grove to allow a density in excess of 30 units per acre (43 du/ac) within the Central Business District, based upon positive findings with respect to the objectives and policies of the Comprehensive Plan, Land Development Regulations Chapter 3, Sections 2.4.5(E) (5), and 4.4.13(I) and the Pineapple Grove Main Street Neighborhood Plan, subject to the conditions listed in the Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant ........................ Agent ......................................... Location ..................................... Property Size ............................. Future Land Use Map ................ Current Zoning .......................... Adjacent Zoning ............... North: East: South: West: Existing Land Use .................... Proposed Land Use ................... Water Service ............................ Sewer Service ........................... ---STAFF REPORT--- February 23, 2004 IV. C. Conditional Use Requests to Allow for Mixed-Use Buildings Having a Height in Excess of 48' (58' 2" Proposed) and to Allow for a Density in Excess of 30 Units Per Acre (43 du/ac Proposed) Within the Central Business District (CBD), for the Villas in the Grove Development (Quasi-Judicial Hearing - Time Certain 7:00 p.m.). Pineapple Grove Properties, LTD. Perez Design, Inc. Located at the Northeast Corner of Pineapple Grove Way and NE 1st Street (current "Creations at Delray Beach" location). 2.10 Acres Commercial Core CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) Retail & Office Mixed-Use (Residential, Retail, & Office) Existing on site. Existing on site. IV.C. The action before the Board is making a recommendation to the City Commission on the following requests for conditional use approval pursuant to LDR Section 2.4.5(E): [] To allow an increase to a maximum height of 60' [LDR Section 4.3.4(J) (4) (b)]; and [3 To allow a density exceeding 30 units per acre in the Central Business District (CBD) [LDR Section 4.4.13(D) (15)]. The requests are in conjunction with Villas in the Grove, a proposed mixed-use development located at the northeast comer of NE 1~t Street and NE 2nd Avenue (approximately 2.1 acres). The subject property consists of Lots 1-8 and Lots 13-16, Block 83, Town of Linton Plat and is approximately two acres. The property is zoned Central Business District (CBD) and is located within the Pineapple Grove Main Street Area at the northeast corner of NE 2nd Avenue (Pineapple Grove Way) and NE 1st Street. The subject property has an extensive land use history. The following are the most recent land use actions for the subject property: At its meeting of April 6, 1998, the City Commission approved a conditional use request to establish a bazaar known as Creations of Delray Beach, subject to conditions. The proposal included conversion of an existing 23,000 square foot building to a 140 booth bazaar and the construction of an 8,000 square foot office addition along the south side of the existing building over an existing parking lot. At its meeting of April 21, 1999, the Site Plan Review and Appearance Board (SPRAB) approved the associated site plan. Subsequently, on May 18, 1999, the City Commission approved the abandonment of the north/south alley lying within the subject property. At its meeting of March 21, 2000, the City Commission approved, subject to the previous conditions of approval, a conditional use modification for the const,'~ction of an additional two- story, 19,000 square foot building addition (42,445 square feet,~total) on the south side of the building to accommodate retail, office and storage areas. Further, the City Commission added a condition to allow the parking to be calculated in the range of three to three and one-half (3.0 - 3.5) parking spaces per 1,000 square feet of gross floor area, which included allowing off-site back-out parking within the NE 3rd Avenue right-of-way that could be used by the general public. On June 21, 2000, the SPRAB approved the associated site plan modification. At its meeting of April 11, 2001, the SPRAB approved a site plan modification for the installation of a trash compactor, construction of a six foot (6') high wall around the patio at the east end of the property and minor parking modifications. On August 27, 2001 a site plan modification to install carports on the east side of the site was administratively approved. The conditional use requests involve the establishment of a mixed-use (residential/retail) building at the "Creations of Delray Beach" site with a maximum height of 58'-2" and a density that exceeds 30 units per acre (43 du/ac). The development proposal incorporates the following: [] Demolition of a portion (approximately 23,000 square feet) of the existing "Creations of Delray Beach" building; Planning and Zoning Board ~ "f Report Conditional Use Requests fo, villas in the Grove Page 2 Construction of a four-story mixed-use building (Building One) along Pineapple Grove Way consisting of 51 residential dwelling units, six (6) retail bays totaling 8,056 square feet, two (2) offices totaling 2,138 square feet, and a sheltered parking area; Construction of a five-story mixed-use building (Building Two) adjacent to the F.E.C. Railroad and north of the "Creations" building. This will consist of two and one-half levels of parking and three levels of residential dwelling units (39 units total); Construction of a sky-walk connecting Buildings One and Two, a loading area adjacent to the interior drive aisle and 33 on-street parking spaces within the NE 1st Street, NE 2nd Avenue and NE 3~ Avenue rights-of-way in addition to the five existing within the NE 1St Street right-of-way (38 total); Realignment of NE 3~d Avenue between NE 1st and 2nd Streets to be consistent with development to the north; and Installation of a swimming pool and restrooms atop Building One along with "moon decks" atop both buildings. The applicant has submitted a development narrative, which describes the development proposal as follows: The project consists of an addition of two (2) mixed-use buildings to the Creations site, a 2.1 acre property in the Pineapple Grove District. The project would not be phased. Building One, along Pineapple Grove Way, is a four-story building with a mix of retail, office and parking on the first floor. Above the first story, the building will have three (3) stories with 51 fee-simple condominium units. In addition, the building will be topped with a series of private moon terraces that will be used by the condominium owners, Ia swimming pool and restrooms]. Building One will be a four-story, [58~ high structure and it will occupy 29.5% of the site. Building Two will be directly behind Building One, on the eas~t?ide of the property, along NE 3~d Avenue. Building Two will be where the one-stor~..~ortion of Creations is now located. Building Two is a five-story structure with two (2) levels of parking on the base of the building and three (3) levels of fee-simple condominium units. The roof deck of Building Two will have a series of private moon terraces. Building Two will be a five- story 58'-2" high structure and it will occupy 27% of the site. The existing two-story portion of Creations will remain on the southeast comer of the site. Creations of De/ray Beach (the business) will be reduced in size from 30,000 square feet to 10,000 square feet. Creations will remain a two-story, 32' high structure and it will occupy eleven percent (11%) of the site. 32% of the total area of the site is at ground level and will be dedicate to sidewalks, walkways, driveways and landscaping. REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.t (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 Planning and Zoning Board ' ~f Report Conditional Use Requests fo, villas in the Grove Page 3 minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP (FLUM): The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a FLUM designation of Commercial Core (CC) and a zoning designation of CBD, which are consistent. Pursuant to LDR Section 4.4.13(D) (15), multiple- family dwelling units, excluding duplexes, are permitted through the conditional use al~pmval process at a density greater than 30 units per acre on property located south of NE 2n°Street and north of SE 2nd Street, subject to the standards and limitations of LDR Section 4.4.13(I). In addition, the development must be consistent with the Design Guidelines contained within the Pineapple Grove Main Street Neighborhood Plan. As discussed later in this report, positive findings can be made with respect to the referenced performance standards and design guidelines. Thus, positive findings can be made with respect to FLUM consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Drainaqe: Preliminary drainage plans were submitted indicating that drainage will be accommodated via an expansion of the exfiltration trench system currently located on site. New exfiltration trench will be installed within the main drive aisle and within the sheltered parking area beneath Building One. There are no problems anticipated in accommodating on-site drainage; however, the Engineering Department does have some minor technical comments regarding drainage that will need to be addressed at the time of site plan approval. Based on the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: f~ The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilitiesf~t build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $45,000 will be required of this development for parks and recreation purposes. Solid Waste: ~ The proposed 90 residential units will generate 46.8 tons of solid waste per year (90 units x 0.52 tons = 46.8 tons). The 18,064 square feet of retail floor area will generate 92.1 tons of solid waste per year (18,064 sq. fl. x 10.2 lbs. = 184,252.8 lbs. / 2,000 = 92.1 tons). The 12,138 square feet of office floor area will generate 32.77 tons of solid waste per year (12,138 sq. ft. x 5.4 lbs. = 65,545.2 lbs. / 2,000 = 32.77 tons). Based upon the above, a total of 171.67 tons of solid waste will be generated each year by the proposed development. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made. Streets and TralT~c: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Planning and Zoning Board; 'f Report Conditional Use Requests for ~illas in the Grove Page 4 Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. The applicant has submitted a traffic study, which indicates that the preposed development will generate 84 AM peak hour trips and 135 PM peak hour trips. This is an increase of 26 AM peak hour trips and a decrease of 43 PM peak hour trips over the existing "Creations of Delray Beach" development. Water and Sewer: Water service is currently available to the site via a four inch (4") water main running parellel to NE 2nd Avenue through the middle of the subject property within the previously abandoned alley. A new eight inch (8") water main will be extended threugh the property and will conrlect to an existing eight inch (8") water main in NE 1st Street and within the alley way to the north. All service lateral connections will be made to the new water main. Sewer service will be provided via service lateral connections to an existing twelve inch (12") sanitary sewer main located adjacent to the existing four inch (4") water main within the previously abandoned alley. Fire pretection will be previded via existing fire hydrants at the northwest and southwest corners of the property as well as via a new fire hydrant to be installed at the northeast corner of Building One. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to these levels of service standards. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. ?~ A review of the objectives and policies of the adopted Compreh~Rsive Plan was conducted and the following applicable objectives and policies that are r~4evant to the Conditional Use applications are noted: Future Land Use Element Objective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. -- The property is developed and contains a 41,000 square foot retail/office building as well as a surface parking lot. There are no special physical or environmental charecteristics of the land that would be negatively impacted by the proposed residential development. The development will be complimentary with the surrounding commercial developments and provide a customer base for the businesses on a year-round basis instead of seasonal, which provides economic stability for the area. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: "One of the most important objectives of the City's overafl housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally Planning and Zoning Board · ~f Report Conditional Use Requests fo~ Villas in the Grove Page 5 oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A cdtical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area; The proposed Villas in the Grove development will help to fulfill this stated land use need by providing 90 additional dwelling units and is therefore consistent with this policy. Future Land Use Element Objective C-4: The Central Business district (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective: Policy C-4.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: rq Deletion of inappropriate uses; [3 Incentives for locating retail on the ground floor with office and residential use on upper floors; [3 Accommodating parking needs through innovative actions; [3 Incentives for dinner theaters, playhouses, and other family oriented activities; r-t Allowing and facilitating outdoor cafes; [3 Incentives for mixed use development and rehabilitation; [3 Elimination of side yard setback requirements; and rq Allow structural overhang encroachments into required yard areas. The development proposal is to provide 90 condominium dwelling units of vadous floor plans and sizes. The residential dwelling units will help to support both the existing and/or proposed retail, service and restaurant uses in the area, which are still somewhat affected by a seasonal clientele. The project is consistent with this objective to revitalize~,,'he City's Central Business District. The language in the Comprehensive Plan that characterizes'Delray Beach as a "village-like community by the sea" stems from the Visions 2000 Assembly, which was a three-day workshop held in May of 1988 to develop a shared set of goals and a general mission statement for the City's future. The assembly focused on several issues, including community character, downtown revitalization, community and cultural resources, the City's gateways (i.e. North Federal Highway and West Atlantic Avenue), infrastructure planning and finance, and land use. The conclusions and recommendations from the workshop were articulated in a policy statement. While the community character section lists the City's "unique village square atmosphere" as an asset that should be retained, there are several other recommendations in the report that emphasize the revitalization of the downtown in a manner that would seem to promote a more urban character. For instance, there are recommendations to: explore the development of a moderately sized convention and civic center in the downtown; increase residential densities in the CBD; encourage the development of dinner theaters, movie theaters, and playhouses in order to stimulate evening activity; consider the use of tiered parking garages with mixed use development; develop entertainment facilities and upscale retail stores in the CBD; remove parking requirements for new residential development above commercial uses; review and revise constraints that discourage mixed-use development in order to encourage such development; encourage residential uses above parking facilities; pursue the establishment of a campus for Palm Beach Community College in Pineapple Grove; create a number of parking structures throughout the CBD in order to provide incentives for Planning and Zoning Board ' ;f Report Conditional Use Requests fm Villas in the Grove Page 6 development; and a recommendation that the City adopt a developer approach in planning and developing the City, including a statement that government regulations should have a positive influence on the redevelopment of the downtown and should not be an inhibiting factor. The language regarding the village by the sea character of the downtown was adopted in the City's 1989 Comprehensive Plan, as were many of the recommendations intended to promote the revitalization of the downtown. For many years subsequent to the Visions 2000 Assembly there was little activity downtown, and Delray continued to struggle with its image as a blighted community. There were two failed attempts to lure a major department store, Jacobson's, to the downtown. This effort, as well as the 1996 effort to establish the SIRS headquarters on Block 77, was geared more toward the development of a thriving urban center than the maintenance of a small town atmosphere. In the mid 1990's the downtown began to see increased redevelopment activity, much of which was made possible by the changes that had been implemented as a result of Visions 2000. Services currently offered on or around Atlantic Avenue, such as specialty art galleries, high-end restaurants, cultural facilities (Old School Square Museum), high-tech-schools (Palm Beach Photographic Institute), and numerous banking & financial facilities are more typical of urbanized cities than a village or small town. Further, the concept of a village-type development should not focus only on the size and scale of buildings, but also on the sense of community that exists in a small town. Right now the vast majority of people who visit the central business district do not live within its borders. This project will place 90 households along Pineapple Grove Way and near downtown. These residents will be able to walk to shops, restaurants, cultural venues and parks. They will interact on a regular basis with the storekeepers and employees, their neighbors and others who frequent the area. They will get to know the downtown much more intimately than the majority of Delray residents. They will become major participants in, and contributors to, the downtown community. In summary, the Villas in the Grove development is consistent with and will further the objectives of Future Land Use Element Policy C-4.1. Future Land Use Element Policy C-4.4: The City supports the efforts to revitalize the Pineapple Grove Main Street area, and the use of the Main Stre~t_ approach: organization, promotion, design, and economic restructuring. While the CRA is the lead support agency for the PGMS organization, the City will provide tec,lfi~ical support and assistance through the Planning & Zoning and Community Improvement Departments. The Pineapple Grove Main Street Neighborhood Plan contains several design guidelines that address redevelopment efforts within this area. The following is an analysis of the applicable design guidelines: Mixed Use Development: The Neighborhood Plan encourages and, in fact, specifically identifies the subject property as a suitable location for mixed-use development. Street and Parking Lot Liqhtinq: Pursuant to the Neighborhood Plan, all street and parking lot lighting should be consistent with the Pineapple Grove Main Street lighting. The light poles and fixtures should have a pedestrian scale of 12' to 14'; however the maximum height of street lamps along NE 1st Street, NE 2nd Avenue and NE 3rd Avenue should be twelve feet (12'). Street lights should be staggered from one side of the street to the other with a separation of approximately 75'. The lamps must be metal halide and powder-coated cast aluminum for the pole and fixture and fitted to accept banners. Ambient lighting should be used to fill in the gaps of the street lights and outlets provided. If wall fixtures are proposed, they must be decorative. Planning and Zoning Board ' ~f Report Conditional Use Requests fm villas in the Grove Page 7 The existing street lighting along NE 2nd Avenue, which is consistent with the Neighborhood Plan, will be retained with the development proposal. The architectural elevations indicate the use of wall mounted gooseneck style light fixtures along proposed commercial storefronts. A detail of the fixtures has been provided that depicts the fixtures as being consistent with the existing street lighting along NE 2nd Avenue (Pineapple Grove Way). The existing wall mounted coach light style fixtures will be retained on the "Creations" building. As noted later in this report, the photometric plan does not provide any information as to how the parking areas within will be lighted. The photometric plan must be revised to indicate compliance with the lighting requirements and is attached as a condition of approval. Street Furniture: The Neighborhood Plan indicates that benches, trash receptacles and bollards are to be provided when the streetscape plans are formulated. The streetscape plan for this portion of the Pineapple Grove Neighborhood was developed an implemented with the original "Creations' approvals. The current development proposal will retain the adjoining streetscape elements. Cultural Arts: The Neighborhood Plan strongly supports the establishment of areas for the public display of art objects. The development proposal provides two (2) such areas where public art may be displayed. Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Given the potential impacts of the proposed development on the surrounding road network and st nd that a Palm Tran bus stop already exists at the northeast corner of NE 1 Street and NE 2 Avenue, it is appropriate that a bus shelter and bus shelter easement be provided. The provision of a bus shelter easement has already been indicated oK~the site plan along NE Ist Street and the provision of a bus shelter may be accomplished by a contribution from the developer of $7,500 (half the cost of a shelter). It is attached a~'a condition of approval that this contribution is paid prior to certification of the site plan. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. Bicycle parking facilities are proposed at two locations within the development; adjacent to the handicap accessible parking spaces along Building #2 and at the northwest corner of the property adjacent to bay #1. Thus, the proposed development is consistent with this Policy. Open Space and Recreation Element Policy A-3.t: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for inflll projects having fewer than 25 units. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc. and there are other Planning and Zoning Board r q Report Conditional Use Requests fo~ villas in the Grove Page 8 cultural and recreational opportunities located in the downtown that are not readily available to residents of suburban apartment complexes. The proposed development does provide some recreational facilities to its residents such as a rooftop pool and private rooftop "moon decks". Some of the recreational, cultural and open space opportunities located in proximity to the Villas in the Grove development include: Veteran's Park, which includes a large playground and recreational area; the Atlantic Ocean, the City's Tennis Center, Old School Square Cultural center and the Milagro Center. As playground areas are located close by and other facilities that can be utilized by children such as the pool, the intent of this policy will be met. Based on the above, it is appropriate to waive this requirement to provide these services entirely on site. Housin.q Element Obiective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housln.q Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. This project will not be excluded to occupancy by adults only. However, it is acknowledged that downtown dwellings are not typically occupied by households with children. This complex will primarily accommodate young and middle-age professionals. The development will provide a mix of efficiency, one, two and three bedroom units. As allowed by this policy, it is appropriate that there not be a requirement to provide four (4) bedroom units and specific activity areas for children. Housin.q Element Policy B-2.6: Housing in and near th~ downtown area, in close proximity to employment opportunities and services, is a .~ritical need. In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged. The development proposal complies with this policy as it provides the desired type of residential development within the CBD. Housinfl Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housinq Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Planning and Zoning Board ' ~f Report Conditional Use Requests for Villas in the Grove Page 9 This project is located within the commemial core area of the City and adjacent to Pineapple Grove Way. As noted previously, the residents of this development will aid in the economic stability of the Pineapple Grove Main Street area as well as the Atlantic Avenue downtown area. The project is located within an area that consists of the traditional mad gdd system and includes the realignment of NE 3rd Avenue between NE 1't and 2"d Streets, which will improve an existing link within the grid system. This system is conducive to traffic distribution, wherein, automobiles have a diverse choice of options to navigate the downtown area. Motorists are able to navigate the local grid street system to avoid congestion in order to reach collector and artedal roads such as Pineapple Grove Way, NE 1st Street, NE 2"d Street, Swinton Avenue, NE 4~ Street/Lake Ida Road, Atlantic Avenue and Federal Highway. Given the diffusion of vehicle trips, it is unlikely that adjacent neighborhoods will be negatively impacted by the additional traffic. In terms of safety, introducing a residential component to the downtown will likely improve the stability of the area. It will introduce more night time activity and more "eyes" to observe what is happening in the area, which should be a deterrent to criminal activity. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT: Structures in the CBD may generally be no more than 48' high, unless conditional use approval is granted to exceed this standard to a maximum of 60'. Height is measured from the crown of the road to the top of a fiat roof, or to the midpoint of a pitched roof. The proposed mixed-use structures have a mixture of flat and pitched roofs and measure 58'-2". Pursuant to LDR Section 4.3.4(J) (4) (b), the City Commission may approve an increase in height to a maximum height of 60' pursuant to the processing of a conditional use request and based upon a finding of compliance with each of the enumerated criteria listed below. (i) That the structure is to be located in one of the following geographic areas: (9) Area "1" - all property within the CBD except for property lying east of the Intracoastal Waterway. The subject property is zoned CBD and is located west ~f the Intracoastal Waterway. (ii) That the increase in height will not provide for, nor accommodate, an increase In the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48', except for the following situations: (1) An increase in intensity is allowed when the increase from 48' to 60' is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area; The increase in height is requested to accommodate residential uses on the top floor of the structure, thereby meeting this requirement. (iii) That the increase in height is based on or will result in one or more of the following: (1) A demonstrable need that, in order to accommodate the nature of a particular use or a particular matter or type of construction, a greater than normal space between floors or height of story is necessary; Planning and Zoning Board ' ~ Report Conditional Use Requests for Villas in the Grove Page 10 (2) That 75% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; or (3) That for each foot in height above 48', an additional building setback of two feet (2') is provided from the building setback lines which would be established for a 48' tall structure. The additional setback is required from all setback lines. The development proposal meets criterion #2, above, as 77.4% of the total ground floor area has been devoted to parking and/or vehicular traffic circulation. A finding of compliance with the enumerated criteria listed above can be made to support the request to allow the proposed structures to exceed the standard 48' height limita, tion to a maximum of 58'-2". LDR Section 4.4.13(I) - Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E) and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. The proposed development consists of 90 residential dwelling units on a 2.1 acre parcel of land, which results in a density of 43 dwelling units per acre. The development is located in the CBD zoning district, which allows the residential density to exceed 30 units per acre subject to conditional use approval. The analysis with respect tp~LDR Section 4.4.13(I) and other relevant section of the LDR is provided below. (2) The applicable performance standards for development under this section are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the fa~:ade are offset and varied. In structures having .more than two (2) stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. In addition to these design standards, development within the Pineapple Grove Main Street area must also incorporate design standards consistent with the "Floribbean" architectural style. The proposed mixed-use building is consistent with this performance standard and will be in scale with the evolving neighborhood. The upper floors of the proposed four and five-story buildings will not "step-back" from the first and second floors; instead the elevations will have multiple three foot (3') "step-backs" affecting the entire vertical facades and creating alcoves. In addition, many of the balconies will not project from the outer edge of the building, but will instead be incorporated within the Planning and Zoning Board ,~ 'f Report Conditional Use Requests for villas in the Grove Page 11 structure. This will provide further openings and recesses that will reduce the massing of the structure. The buildings also include several architectural elements, such as: standing seam mansard roofs, Bahama shutters, Iouvered shutters, balconies with varying reil types and openings, decorative metal panel applications and varying bracket sizes and styles. While these elements certainly lend toward achieving this performance standard, it is noted that the elevations are comprised of only one style of window and window opening, six-over-six single-hung. Some diversity in window shapes would be beneficial and therefore it is attached as a condition of approval that at least a second window shape is incorporated into the architectural design. It is further suggested that this new shape be amhed to be consistent with the arched windows found on the existing "Creations" building. Based on the above and subject to the aforementioned condition of approval being addressed, this performance standard has been met. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. The development proposal does include a parking garage within Building Two and a sheltered parking area beneath Building One. The parking garage, which abuts both the NE 3~d Avenue right-of-way and the interior drive aisle, has been designed to obscure the parked vehicles within. The garage will utilize decorative metal panels and aluminum Bahama shutters within arched and squared openings to achieve this screening. These elements and materials, while not necess~'ily identical to the features of the balance of the building, are nonetheless consistent~;ind therefore accomplish the provision of a unified design required by this performanc?standard. The sheltered parking area beneath Building One will be obscured from view of NE 2"d Avenue (Pineapple Grove Way) by retail/office bays and in part from NE 1st Street by a retail bay. The base of that portion of the parking area still visible along NE 1~t Street should be obscured by the decorative metal panel applications used for the parking garage on Building Two and is attached as a condition Q.f approval. It is noted that it may be appropriate to retain an opening (adjacent to the retail bay) in order to allow pedestrian access to and from the parking area without having to traverse the drive aisle. Based upon the above, this performance standard has been met. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The development proposal will provide for the desired mix of unit types and sizes including efficiency, one, two and three-bedroom dwelling units. There are six (6) efficiencies (686 and 947 square feet); 20 one-bedroom dwelling units (965 and 1,024 Planning and Zoning Board ~' 'f Report Conditional Use Requests for villas in the Grove Page 12 square feet); 58 two-bedroom dwelling units (ranging between 1,232 and 1,365 square feet); and six (6) three-bedroom dwelling units (1,981 and 2,326 square feet). Building One consists of 51 total units and eleven (11 ) different floor plans. Building Two consists of 39 total units and eight (8) different floor plans. Based upon the above, this Performance Standard has been met. (d) The interiors of the dwelling units provide unique features and conveniences that distinguish them from standard multi-family projects and create an attractive living environment. Examples of some of the features that could be incorporated to meet this standard are: ceiling heights of nine feet (9') or greater; extensive use of natural lighting; panel doors throughout the interior; use of decorative molding for baseboard, door and window casings; wood or ceramic tile flooring in all or a portion of the units; built in cabinetry and/or shelving; arched entryways or passageways; individual laundry facilities; special security features; or a combination of similar features and elements that meet the intent of this standard. While the exact theme and nature of the residential dwelling units has not yet been determined, the applicant has provided a statement stating that all of the units within the Villas in the Grove development will be equipped with ten foot (10') ceilings, base and crown moldings, balconies with French doors to provide natural light, built-in cabinetry, individual laundry facilities and walk-in closets. The development proposal will provide for the desired features suggested by this performance standard and therefore will comply with said performance standard. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. The development proposal provides for a pool with pool deck atop Building #1 (westernmost building) and a total of 49 private "moon decks" atop the buildings. As noted previously the project consists of a parking gara~J~ within Building #2 and sheltered parking area beneath Building #1. Based upon the above, the development proposal meets the intent of this standard. ~ The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The proposed residential development provides a safe and efficient pedestrian connection between the buildings and to the public sidewalks. The development proposal includes significant improvements to the public rights-of-way, which include the installation of public parking spaces along NE 1st Street, NE 2nd Avenue and NE 3'd Avenue; the installation of a "bulb-out" along NE 1st Street to accommodate and improve the existing Palm Tran bus service; and the realignment of the adjacent segment of NE 3rd Avenue to be compatible with that segment recently constructed to the north adjacent to Pineapple Grove Village. Lighting fixtures presently exist within the NE 2"d Avenue Planning and Zoning Board ' ~f Report Conditional Use Requests for Villas In the Grove Page 13 right-of-way that are consistent with the Pineapple Grove Main Street lighting fixtures and these fixtures are proposed to remain. The development does need to extend the public sidewalk along the balance of NE 3rd Avenue to connect to the public sidewalk adjacent to NE 1st Street. It is noted that due to the limited size of the NE 3rd Avenue right-of-way, the sidewalk will need to be partially located on the subject property and therefore a sidewalk easement will need to be dedicated at the time the property is replatted and is attached as a condition of approval. Based on the above, this Performance Standard can be met subject to the above condition of approval. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development proposal will utilize a drive aisle connecting NE 1st Street and the alley within the north half of the block for all of its access and provides no drive aisles adjacent to other properties. Therefore, the shadng of accessways or driveways is not available. However, the development proposal will provide for a total of 38 parallel parking spaces within the NE 1st Street, NE 2"d Avenue and NE 3'd Avenue rights-of-way in addition to exceeding its own parking requirement. It is noted that the development proposal depicts the provision of two (2) parallel parking spaces within the realigned NE 3~d Avenue right-of-way. Due to safety concerns based upon the angle of these spaces to the contours of NE 34 Avenue, it is recommended that the parallel parking spaces are eliminated and replaced with landscape materials. Further, the NE 3r~ Avenue right-of- way and the public parking spaces adjoining it have been and continue to be used as a loading area for the existing "Creations" development. Therefore, along with the above recommendation, it is attached as a condition of approval that the parking spaces located within the NE 3~d Avenue right-of-way and the roadway itself are not used for loading purposes and that signage is posted to this end. Based upon the above and subject to the aforementioned conditions, this performance st~pndard has been met. (h) Projects fronting on Atlantic Avenue, NE 1't Street or SE 1st Street contain nonresidential uses on the ground floor. The nonr/esidential ground floor space has ceilings not less than ten feet (10') in height. At least 50% of the surface area of the front street wall(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. While the project does have frontage on NE 1st Street, the primary roadway associated with the development is NE 2nd Avenue (Pineapple Grove Way). Accordingly, the project and its storefronts have been designed to be oriented toward NE 2nd Avenue (Pineapple Grove Way). It is noted that the existing "Creations" building, a portion of which is being retained, is already oriented with its side to NE 1st Street. However, this side elevation does consist of storefrent windows and the ground floor space is nonresidential in nature. The proposed building fronting NE 1~t Street will contain nonresidential uses on the ground floor and uses will have ceiling heights of eleven feet (11'). The majority of the wall surface area along NE 1~t Street (approximately 78%) will be devoted to display windows and/or entrances. Based upon the above, positive findings can be made with respect to this performance standard. Pursuant to LDR Section 4.4.13(I) (3), it is acknowledged that it may not be possible for projects which involve the modification of existing structures to comply with many of the above referenced standards. For those types of projects, the ultimate density should be based upon compliance with those standards which can be reasonably attained, as well as the projects Planning and Zoning Board ' ff Report Conditional Usa Requests fo, ~'illas in the Grove Page 14 ability to further the goal of revitalizing the Central Business District (i.e., adaptive reuse of older structures and provision of housing in close proximity to employment opportunities and services). Of the eight (8) performance standards the project will comply with four (4) outdght and the remaining four (4) subject to conditions of approval. Given this level of achievement with the performance standards it is appropriate to grant the requested increase in density. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on all sides by CBD zoning. The adjacent land uses consist of the FP&L substation and vadous commercial businesses to the north, Ocean City Lumber Company (Mizner Electric) to the south across NE 1st Street, various commercial businesses to the east across NE 3~d Avenue and the FEC Railroad and various commercial businesses to the west across NE 2nd Avenue. The development proposal will significantly enhance the aesthetics of the subject property together with the neighborhood by locating a building toward the front of the property rather than a parking lot. The proposed redevelopment will provide a year-round customer and employment base for the commercial redevelopment of NE 2nd Avenue (Pineapple Grove Way). Increase in Heiqht: The increase in building height over the standard 48' will not be detrimental to the surrounding neighborhood. As discussed previously in this staff report under the performance standards analysis relating to the density increase, while the upper floors of the four-story building (Building One) will not "step-back" from the first and second floot~, the elevations will have multiple three foot (3') "step-backs" affecting the entire vertical f .a(}ades and creating alcoves. In addition, many of the balconies will not project from the outer edge of the building, but will instead be incorporated within the structure. This will provide further openings and recesses that will reduce the massing of the structure. With respect to the five-story building (Building Two), the same architectural design will be used; meaning the massing of the structure will not be detrimental to the area. Further, this building is adjacent to the F.E.C. Railroad (across NE 3ra Avenue), thus its'visibility from the surrounding neighborhood will be tempered by distance. Increase in Density: The stability of the downtown area will be significantly enhanced by the addition of 90 households that will patronize area businesses and centdbute to the long term revitalization of the downtown. They will help to create and sustain a demand for goods and services within the downtown area, such as clothing stores and food markets, which will enhance commercial rents and property values. As described in the Streets and Traffic section of this report, the project is located in the Transportation Concurrency Exception Area (TCEA). The TCEA was created to acknowledge the traffic associated with the emergent redevelopment of the downtown area. Traffic in the downtown area has increased significantly since the mid-1990's when the revitalization began to Planning and Zoning Board r :"f Report Conditional Use Requests fo~ ,illas in the Grove Page 15 take off and it has not at all deterred people from visiting the Central Business District. Stop and go traffic and congested sidewalks are indicative of successful, healthy downtowns, and tend to attract more people and greater investment in the area. Trips to this mixed-use development will be dispersed through four (4) separate travelways: NE Ist Street, NE 2nd Avenue (Pineapple Grove Way), NE 3~d Avenue and via the alley within the north half of the block that interacts with the drive aisle at the center of the project. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E) (5) for the conditional requests pertaining to an increase in building height to a maximum of 60' (58'-2" proposed) and to allow a density in excess of 30 units per acre (43 du/ac proposed). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the conditional use request a sketch plan that substantially complies with the submittal requirements for a site plan application, was submitted which has been reviewed by staff. If the conditional use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staffs review of the sketch plan and site inspections, the following analysis is provided: Buildinq Setbacks: Pursuant to LDR Section 4.4.13(G) (2) (a), within those section of the CBD located in the Pineapple Grove Main Street area, front setback of not less than five feet (5') nor greater than ten feet (10') and a five foot (5') side street setback shall be provided. There shall he no required side interior setback except where there is no dedicated access to the rear of a building and in such a case a ten foot (10') side setback shall be provided. The front and side street setbacks apply to those portions of the property abutting NE 1st Street, NE 2nd Avenue (Pineapple Grove Way) and NE 3~d Avenue. Building Two and the existing "Creations" building meet the required setbacks and the majority of Building One will also comply; however that portion of th,e ,b, uilding consisting of bay #1~on the first floor and the residential units above is setback 11 -2, which exceeds the maximd~m allowable setback. Thus, this portion of the building will need to be moved closer to th§~roperty line (1'-2") in order to comply and is attached as a condition of approval. Parking Requirements: The development proposal consists of 90 residential dwelling units, 12,138 square feet of office floor area and 18,056 square feet of retail floor area. It is noted that with the original approval for "Creations at Delray Beach", the parking requirements were adjusted to a ratio between 3.0 and 3.5 parking spaces per 1,000 square feet of floor area. Accordingly, the parking requirements for the 10,000 square feet of office floor area and 10,000 square feet of retail floor area which make up the remainder of the "Creations" development have been calculated at a rate of 3.33 parking spaces per 1,000 square feet of floor area. It is not entirely clear as to why this specific figure was used as it is not the average between 3.0 and 3.5; however since it is within the approved range the figure has been utilized. The parking requirements for a mixed- use project located in the CBD are calculated as follows: Step 1: The base parking requirements for each use in the project are determined individually and are depicted in the following table: Planning and Zoning Board; 'f Report Conditional Use Requests fol villas in the Grove Page 16 Base Parking Requirements Us.~Qe Parkino Reauirement Parkino Spaces Required Residential Units Efficiencies (6) 1.0 spaces per unit 6 One Bedroom (20) 1.25 spaces per unit 25 Tv~ or More Bedrooms (64) 1.75 spaces per unit 112 Total t43 Guest Parking Units 1-20 0.5 per unit 10 Units 21 - 50 0.3 per unit 9 Units 50 - 90 0.2 per unit 8 Total 27 Retail Floor Area Existing 'Creations" (10,000 sq. fL) 3.3 spaces per 1,000 sq. ft. 33.30 New (8,056 sq. ft.) 4.5 spaces per 1,000 sq. · 36.25 Total 69.50 Office Floor Area Existing "Creations" (10,000 sq. ft.) 3.3 spaces per 1,000 sq. ft 33.30 New (2,138 sq. ff.) 3.5 spaces per 1,000 sq. ft 7.48 Total 40.78 TOTAL 280.28 (281) Step 2: Pursuant to LDR Section 4.6.9(C) (8) (a), the minimum parking requirement for mixed-use buildings in the CBD shall be determined by the peak parking demand period, The peak demand period for the Villas in the Grove project is the period from 6:00 P.M. to Midnight during weekdays. The following shared parking table has been modified to reflect the uses associated with the development proposal and to depict the resulting parking requirement within the timeframe: Use Base Parking Weekday- Evening Shared Parking Requirement 6 P.M. to Midnight Requirement Residential 78.00 90% ~' 70.2 Office 40,78 10% 4.07 Commercial/Retail 69.50 90fi;'~ 62.55 Other * 92 10~% 92.0 Total Required Pad(lng: 228.82 (229) · - The 92 spaces indicated in this row are ex~rected from the base residential parking roquirement as reserved parking spaces for the dwelling units. The total number of parking spaces required is 229. The project, provides 233 parking spaces on-site within the sheltered parking area beneath Building One and the parking garage within Building Two. Compact Parkinq: Pursuant to LDR Section 4.6.9(C) (1) (g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes 44 compact parking spaces located throughout the site. This represents 18.88% of the total spaces, thus meeting the requirement, Handicapped Accessible Parkinq: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Planning and Zoning Board ~ Tf Report Conditional Usa Requests for ¢illas in the Grove Page 17 Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the requirement of 229 parking spaces, the development must provide a minimum of five (5) handicap accessible parking spaces and a total of six (6) parking spaces have been provided adjacent to the existing "Creations" building (4) and in the sheltered parking area within Building One. On-Street Parking: Although not counted toward meeting the parking requirements for the project, 38 public parking spaces are being provided by the developer along the adjacent public rights-of-way. Although available to the general public, these spaces should help meet the shorter term parking requirements of residents and guests of the project. A maximum time limit of two ,(2) hours during the daytime should be imposed by the City to prevent long term parking. Liqhtinq: A photometric plan has been submitted for the site; however the photometric plan does not indicate coverage for the parking areas including the parking garage. A condition of approval is attached that the photometric plan is revised to include the illumination of the parking areas and each level of the parking garage. This condition can be addressed during the site plan review process. Cut-sheet details of the proposed light poles and fixtures have been provided and will be consistent with the Pineapple Grove Way street light program as per the Pineapple Grove Main Street Neighborhood Plan. Riqht-of-Wa¥ Dedication: Pursuant to LDR Sections 5.3.1(A) and (D) as well as Table T-1 of the Transportation Element of the City's Comprehensive Plan, the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: Dimensions ~ Required Existinq PropoSed Required Dedication NE 1st Street 55' 50' 50' 0' NE 2~ Avenue 60' 50' 50' 0' NE 3~Avenue 60' 20' - 40' 20' - 47' 7' Pursuant to LDR Section 5.3.1(D) (4), a reduction in the required-right-of-way width or existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG). With the original site plan approval for Creations at Delray Beach, the DSMG granted reductions for each of the abutting rights-of-way to their existing widths, subject to the condition that a 19.5' corner clip dedication is provided at the northeast corner of NE 1st Street and NE 2nd Avenue (Pineapple Grove Way). This condition was based upon the ultimate plan to provide a roundabout at this intersection where additional right-of-way may be needed for its configuration. However, the dedication of the corner clip was overlooked and subsequently not dedicated. The dedication of this 19.5' corner clip must be made at the time of platting and is attached as a condition of approval. While the dedication of right-of-way for NE 3rd Avenue was deemed not to be necessary with the original site plan approval for the "Creations" project, the realignment proposed for NE 3rd Planning and Zoning Board · ff Report Conditional Use Requests fo, villas in the Grove Page 18 Avenue makes the dedication of a small portion of right-of-way necessary at this time. A portion of NE 34 Avenue is depicted as passing through a triangular shaped piece of pdvate property; this area being passed through will need to be dedicated at the time of platting and is attached as a condition of approval. Back-out Parkinq Spaces along NE 3~ Avenue: Pumuant to LDR Section 4.6.9(D) (2), a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner. There are existing nonconforming back-out parking spaces on the subject property that were allowed to continue with the approval of "Creations". The current development proposal includes the reconfiguration of NE 34 Avenue and reestablishment of these parking spaces based upon said configuration. The City has installed back-out parking within the NE 1st Avenue and SE 4th Avenue rights-of-way; however such parking is typically configured diagonally to allow easy maneuvering without impacting traffic lanes. This portion of NE 3rd Avenue currently has very Iow traffic volumes and the proposed mixed-use development provides no direct access to NE 3rd Avenue. Given this circumstance, it would appear to be acceptable to allow the back-out parking with the perpendicular configuration. Sidewalks: Pursuant to LDR Section 6.1.3(B), the minimum sidewalk width is five feet (5') and five foot (5') wide sidewalks exist within each of the adjoining NE 1st Street and NE 2nd Avenue rights-of-way. With the original site plan approval for "Creations" a waiver was granted to not require the installation of a sidewalk along NE 3'd Avenue. The applicant is now proposing to construct the sidewalk along NE 3rd Avenue; however the proposed sidewalk does not extend completely to the south end of the property (to NE 1St Street), instead ending approximately 58' to the north. Based upon the available right-of-way at this portion of NE 3rd Avenue, the sidewalk will have to encroach onto the subject property and a sidewalk easement will need to be provided. The extension of the sidewalk and dedication of the sidewalk easement have been attached as conditions of approval. / Plat: ~ As the development proposal includes the dedication of rights-'of-way and of easements, a plat must be processed and recorded prior to issuance of a building permit and is attached as a condition of approval. Community Redevelopment Agency (CRA): At its meeting of February 12, 2004, the CRA reviewed the development proposal and recommended approval with the condition that the plans are revised to address staff's comments. Downtown Development Authority (DDA): At its meeting of January 28, 2004, the DDA reviewed the development proposal and recommended approval of the project with the condition that sufficient landscaping is provided to buffer the east elevation of the development from the F.E.C. Railroad and the parking along NE 3~d Avenue. Planning and Zoning Board r ~f Report Conditional Use Requests roi ,lllas in the Grove Page 19 Pineapple Grove Des~qn Review Committee: The Pineapple Grove Design Review Committee reviewed the development proposal at its meetings of January 12, 2004 and February 9, 2004, and recommended approval of the development proposal as presented. Site Plan Review and Appearance Board (SPRAB): If the conditional use approvals are granted, a site plan application addressing the outstanding technical comments would need to be approval by SPRAB. Final action on the site plan will rest with the SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: El Del-Ida Homeowners Association I~ Delray Beach Chamber of Commerce El President's Council El Progressive Residents of Deiray (P.R.O.D.) Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed conditional uses are to allow for a mixed-use building having a height in excess of 48' (58'-2" proposed) and to allow for a density in excess of 30 units.~er acre within the CBD (43 du/ac proposed). As described in this staff report the request f.~r additional height meets with the criteria established in 4.3.4(J) (4) (b). The increase in d,e~sity over 30 units per acre is supported as the project meets or exceeds the Performance Standards found in LDR Section 4.4.13(I). The combination of housing units in the downtown area and first floor retail/office space will help in the long term revitalization and stabilization of the CBD. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDR. Positive findings can be made with respect to LDR Section 2.4.5(E) (5) regarding compatibility of the proposed development with the surrounding properties regarding the requested increase in building height and density. It is noted that pursuant to Section 4.4.13(I)(1), despite the fact that the project meets the performance standards, the Board may deny the application for increased density if the Board does not agree that the proposed changes are compatible in terms of building mass and intensity of use with surrounding development. A. Continue with direction; B. Recommend approval of the conditional use requests to allow for a building height in excess of 48' (58'-2") and a density in excess of 30 units per acre (43 du/ac) for Villas in the Grove, based upon positive findings with respect to the objectives and policies of the Comprehensive Plan, Land Development Regulations Chapter 3, Sections 2.4.5(E) (5), Planning and Zoning Board r '1' Report Conditional Use Requests roi ~illas in the Grove Page 20 4.3.4(J) (4) (b), and 4.4.13(I) and the Pineapple Grove Main Street Neighborhood Plan, subject to conditions; or C. Recommend denial of the conditional use requests for Villas in the Grove, based upon a failure to made positive findings with respect to the objectives and policies of the Comprehensive Plan, Land Development Regulations Chapter 3, Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), and 4.4.13(I) and the Pineapple Grove Main Street Neighborhood Plan in that the project is incompatible in terms of building mass and intensity of use with surrounding developments. By Separate Motions: [3 Recommend approval of the conditional use request for Villas In the Grove to allow a height in excess of 48' (58'-2"), based upon positive findings with respect to Land Development Regulations Sections 4.3.4(J) (4) (b) and 2.4.5(E) (5); and O Recommend approval of the conditional use request for Villas in the Grove to allow a density in excess of 30 units per acre (43 du/ac) within the Central Business District, based upon positive findings with respect to the objectives and policies of the Comprehensive Plan, Land Development Regulations Chapter 3, Sections 2.4.5(E) (5), and 4.4.13(I) and the Pineapple Grove Main Street Neighborhood Plan; With said approvals to be subject to the following conditions: 1. That the outstanding technical comments listed in Appendix "A" are addressed prior to site plan approval; 2. That at least a second window shape is incorporated into the amhitectural design. It is further suggested that this new shape be arched to be consistent with the arched windows found on the existing "Creations" building; 3. That the base of the sheltered parking area visible along,~NE 1st Street is obscured by the installation of decorative metal panels identical t(~ those used for the parking garage on Building Two and that an opening (adjacent to the retail bay) is retained for pedestrian access; 4. That the parallel parking spaces depicted within the NE 3"a Avenue right-of-way are eliminated and replaced with landscape materials; 5. That the parking spaces located within the NE 3~d Avenue right-of-way and the roadway itself are not used for loading purposes and that signage is posted to this end; 6. That the portion of Building One consisting of bay #1 on the first floor and the residential units above is moved closer to the property line (1 '-2") in order to comply with the maximum building setback requirement of ten feet (10'); 7. That the photometric plan is revised to include the illumination of the parking areas and each level of the parking garage; 8. That a 19.5' corner clip is dedicated at the northeast corner of NE 1st Street and NE 2nd Avenue (Pineapple Grove Way); Planning and Zoning Board ~ 'f Report Conditional Use Requests fo~ villas in the Grove Page 21 9. That the portion of NE 34 Avenue passing through the triangular shaped piece of private property is dedicated at the time of platting; 10. That a sidewalk is constructed along the full length of NE 3rd Avenue abutting the subject property and that a sidewalk easement is provided for the encroachment of the sidewalk onto the subject property; 11. That a plat is processed and recorded pdor to the issuance of a building permit; and 12. That sufficient landscaping is provided to buffer the east elevation of the development from the F.E.C. Railroad and the parking along NE 3rd Avenue. A~tachments: Appendix 'A", Site Plan, Landscape Plan and Architectural Elevations Staff Report Prepared by: Robert G. Teffi, Senior Planner !? Planning and Zoning Board *' ~f Report Conditional Use Requests fo~ villas in the Grove Page 22 1. Reconstruct NE 3'd Avenue south of Pineapple Grove Village to NE Ist Street. NE 3'd Avenue should run straight through; 2. Health Department permits are required for this project. Provide copies of the right-of-way permit, drainage permit and utility permit; 3. Indicate proposed finished floor elevations, existing site grades and proposed site grades; 4. Provide a typical cross section from building to adjacent right-of-way or adjacent property at all property lines. Pay particular attention to grade differential from proposed site to existing adjacent properties and show the existing grades on adjacent property; 5. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria. Provide signed and sealed drainage calculations and indicate how storm water will be retained on site; 6. Provide detail on drainage control structure. Cannot tie to City drain without one; 7. Provide certified exfiltration trench test results; 8. Use City of Delray Beach Standards for all drainage structures; 9. Indicate on plans how the roof drainage is accommodated; 10. Provide paving cross section for parking lot; 11. Clearly dimension driveway width. Maximum width of driveway is 24 feet; 12. Landscaping areas at the end of off-street parking needs to be at 45 degree angles; 13. Clearly indicate on plans the limits of all curbing. Curbing in ~.O~.TM. should be type curb only; ?, 14. Trees cannot be placed within water and sewer easements; 15. Clarify entry feature on NE 2nd Ave. at mid building; 16. Clearly indicate limits of right of way and the center line of the road; 17. Indicate sight distances at all ingress/egress points. Sight tri;ngles should be indicated on landscape plans. Provide copy of the revised landscape plans; 18. Provide note that water meter sizes are to be determined by the City of Delray Beach Utility Department upon building permit application and remove the size indicated on the engineering plans for any meter less than 4" in size; 19. A cleanout will be required on the sewer service at the right-of-way line and/or easement 20. Applicant is to field verify location, size and depth of existing City of Delray Beach utilities; 21. All connections to existing water mains shall be made while the water main is under normal working pressure. If this cannot be accommodated, the design shall incorporate special provisions such as line-stops to minimize the impact on existing customers; Planning and Zoning Board ~ ~f Report Conditional Use Requests for villas in the Grove Page 23 22. Show expanded detail on north water main connection; 23. Provide double valves at all connection points; 24. Indicate location of irrigation water meters; 25. Provide 12' utility easement over water and sewer main if relocated; 26. Use update water and sewer separation and statement; 27. A certified engineer's estimate will be required for water and sewer improvements. A 110% surety and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for Completion of Required Improvements is required, This agreement can be obtained at www.mydelraybeach.com. For additional information see Section II of the City of Delray Beach Minimum Construction Standards. Pdor to Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will be required; 28. Provide easement for bus shelter; 29. Provide a detailed description of how each of these comments has been addressed with next submittal; and 30. Conduct analysis on existing sanitary sewer system to determine adequate capacity of additional flow. N.E, 5RD 2ND IST 1ST S.E. 2ND ST. ST. VILLAS IN THE GROVE CONDITIONAL USE REQUEST 101 N.E. 2ND AVENUE SUPPLEMENTAL DATA "l' VILLAS IN THE GROVE VILLAS I~ TI'~ GROVE VILLAS IN THE GROVE VILLAS IN THE GROVE VILLAS IN THE GROVE tl VILLAS IN THE GROVE B VILLAS IN THE OROVE II VIU. AS IN THE GROVE Memo To: David Harden, City Manager From: Lula Butler, Director, Community Improveme Date: March 3, 2004 Re: Reconsideration of a Request for Reduction of Liens/SW 11 ~ Avenue ITEM BEFORE THE COMMISSION: Consideration of a request from Mr. Jim Drosakis, Director of Real Estate Operations for ADM Properties, LLC Buyers Investment Group, to release a portion of the liens assessed for abating nuisances for two (2) vacant lots located within the second block of SW 11~ Avenue. The lien amounts are $4,742.06 and $3,560.55 for vacant parcels identified as Lots 1 & 6 of Biock 9 within the Atlantic Gardens subdivision, pursuant to the approval granted at the January 13, 2004 regular meeting. BACKGROUND: This request was considered and approved by the City Commission at the January 13, 2004 regular meeting. The Commission approved the partial release of the assessed liens for the two properties in the amounts of $3,012.80 and $2,375.32 respectively, conditioning the approval with a requirement to pay the outstanding balance within 30 days of the Commission's action and submission of building permits for single family homes on these lots. The agent representing the Investment Group alleges that they were unaware of the scheduled agenda item and were not notified of this approval, thus they missed the 30-day pay-off of the outstanding balance. Staff contact with the agent has been by telephone. We believe they were informed of the scheduled agenda item; however I cannot document that they were called and informed of the Commission's action and the 30-day deadline. To correct this for future applications, a form letter has been developed that provides appropriate notice of Commission action and other conditions that must be met. It should be noted that this Investment Group has pushed to present different alternatives to the Commission policy governing the release of liens. The Commission can anticipate them using this opportunity to present a case to change the policy lobbying for 100% reductions based on certain assumptions and using examples of policies from other municipalities. RECOMMENDATION: Staff is recommending that the City Commission approve the payment of the City's actual out of pocket costs associated with these two lots pursuant to the action taken at the January 13t~ meeting and allow for payment of the outstanding balance by the Buyers Investment Group within 30-days of the Commission's action. Additionally, the total release of the liens shall be coordinated with the submission of building permits for single family homes that will be constnJcted on the two lots. Mrs. Archer asked for clarification regarding the parking space. Mr. Dorling stated this is a required parking space and explained that there is a required ten (10') foot setback along Wallace Drive which encroaches and presents a five (5') setback. Mr. Levinson stated he does not think it would be logical to back out on Wallace Drive and does not see the safety concerns if someone were to back out onto Wallace Drive. He feels it would be more logical to back out into the driveway and then drive straight out onto Wallace Drive. Mr. Levinson moved to approve the waiver request to LDR Section 4.4.19(H)(2) to reduce the depth of the landscape buffer from 10 feet to 5 feet based upon positive findings with respect to LDR Section 2.4.7(B)(5), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.D. REQUEST TO REDUCE LIENS/A1DM PROPERTIES~ L.L.C BU-YERS INVESTMENT GROUP~ INC.: Consider a request from Mr. Jim Drosakis, Director of Real Estate Operations for ADM Properties; L;L.C. Buyers Investraent Group, Inc. to waive the interest and administrative fees totaling $5,388.12 assessed for abating nuisances on two (2) vacant lots located within the second Block of S.W. 11th Avenue. ADM Properties, L.L.C. Buyers Investment Group, Inc. is prepared to pay the remaining lien of $2,914.49. Staffrecommends approval. Lula Butler, Director of Community Improvement, stated this item is a request from Real Estate Operations for ADM Properties, LLC Buyers Investment Group to release a portion of liens assessed for abating nuisances for two (2) vacant lots located within the second block of S.W. 11 ~ Avenue. The total amount of the liens is $4,742.06 and $3,560.55 for Lots 1 and 6 of Block 9 within the Atlantic Gardens subdivision. Mrs. Butler stated the Buyers Investment Group acquired both of these lots through tax certificates and they intend to build two single-family homes. The investment group is seeking a 100% release of liens but would accept the Commission's policy to reduce the liens for the amount of the accrued interest and administrative fees assessed. These amounts are $3,012.80 for Lot 1 and $2,375.32 for Lot 6. They are prepared to pay the remaining lien of $2,914.49. Mrs. Butler stated the area where the two lots are located is zoned RM and this zoning does not change under the SW Neighborhood Plan. Mrs:Butler stated single-family homes are allowed as long as they follow R-1-A zoning regulations. : Staff recommends approval to reduce the liens in the amount of $3,012.80 and $2,375.32 and providing that the City's out-of-pocket costs be paid within 30 days fi:om City Commission approval and that the release of liens shall be coordinated with the submission of the required building permits for the two single-family homes. Ms. McCarthy moved to approve the request from Real Estate Operations for ADM Properties, L.L.C. Buyers Investment Group, Inc. to waive the interest and -12- 01/13/04 ~idministrative fees ($3,012.80 for Lot 1/Block 9 and $2,375.32 for Lot 6/Block 9) assessed for abating nuisances on two vacant lots located within the second block of S.W. 11th Avenue, subject to conditions as recommended by staff, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.E. PROPOSAL TO CHANGE POLICE/FIRE PENSION MULTIPLIER: Provide direction regarding proposal to change the Police and Fire Pension Multiplier. The City Manager reminded the Commission that this is a combination meeting Work Session and formal meeting and should be looked at as a Work Session item. At the September 16, 2003 Work Session, the Commission discussed the request fi.om Firefighters' and Police Officers' to increase the multiplier for their pension plan fi.om 3% to 3½%. At the conclusion of that meeting, the Commission directed staff to have the Actuary price out several different alternatives including the impact of using assumptions on salary growth and investment returns consistent with what has been experienced over the last 10-12 years and also try and come up with an approach which was acceptable to both employees and the City Manager's office for funding sUCh a change if the Commission decided to go forward. The City Manager stated the actuary states in his letter that the assumptions being used are appropriate at this time and he does not see the need for a change. The City Manager stated there are five different alternatives for funding such a change if the Commission wishes to do so and discuss those with representatives of the Police Officers' and the Firefighters' union. The City Manager stated they have indicated they could support options g4 or #5. Subsequent to the meeting, the City Manager suggested that something be done between option #4 & #5 where the City could pick up part but not all of the costs of the prior service for the effected employees so that the employee contribution could be set at more than 5.19% but less than 9.79%. Brief discussion by the Commission followed. It was the consensus of the Commission to increase the multiplier for the Firefighters (IAFF) and Police Officers (PBA) Pension Plan fi.om 3% to 3V2%; employees contribiating 6% of their salary with the City paying any additional costs; and, that the employee have the choice to opt for the 3½% multiplier. However, if the employee chooses to opt in at 3½%, the employee can never return to the 3% multiplier. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public. ll.B. From the Public. ll.B.1, Jim Smith~ 1225 S. Ocean Boulevard~ Delray Beach~ stated six months ago the Delray Beach Bicycle Pedestrian Task Team presented their recommendations to the City Commission. Mr. Smith stated since then a cyclist was critically injured while - 13- 01/13/04 Menlo To: David Harden, City Manager ~ ~"/'--3 From: Lula Buffer, Director, Community Improvemen ~t~,,.._~ Date: January 9, 2004 R~ Request for Reduction of Uens/SW 11t~ Avenue ITEM BEFORE THE COMMISSION: Consideration of a request from Mr. Jim Drosakis, Director of Real Estate Operations for ADM Properties, LLC Buyers Investment Group, to release a per'don of the liens assessed for abating nuisances for two (2) vacant lots located within the second block of SW 11th Avenue. The lien amounts are $4,742.06 and $3,560.55 for vacant parcels identified as lots 1 & 6 of block 9 within the Atlantic Gardens subdivision. BACKGROUND: The Buyers Investment Group acquired both of these lots through tax certificates at a cost of $4,110 for lot #1 and $4,765.16 for lot ~6. New single family homes are propOsed to be constructed on both lots. The investment group is seeking a 100% release of liens but would accept a partial release equal to the accrued interest and administrative fees assessed on each lot. These amounts are $3,012.80 for lot #1 and $2,375.32 for lot ~6. The reduction and release of liens-in these amounts would be consistent with City Commission policy: goveming this action. The owner's application, letter of request and documentation of assessed liens is attached for your reference. The area where the two lots are located is zoned RM. Zoning does not change under the SW Neighborhood Plan; single family infill housing units are permitted as long as they comply with the Land Development Regulations goveming the R-lA zoning requirements. RECOMMENDA~ON: Staff recommends approval of the request from ADM Properties, LLC Buyers Investment Group, Inc. to reduce the amount of the outstanding liens assessed to the properbj represented in the applications in the amounts of $3,012.80 and $2,375.32 providing that the outstanding balance representing the CitT's actual out-of-pocket costs are paid within 30 days of City Commission approval. The release of the liens shall be coordinated with the submission of building permits for single family homes for both lots. LB:DQ Attachments THE AFFORDABLE HOME COMPANY _B U _YE_R_S__I_N_ ._~__s_ .T_.M,..~.N. _T_G_.R_Q.U_. p,_..~..T_ .D_ ._ .......................................... 1400 Allendale Road, Suite 1 West Palm Beach, FL 33405 Phone: 561-656-4447 Fax: 561-656-4469 De~mb~' 5, 2003 City of Delray Beach Ms. Lula Butler, Director Depamneat of Community Improvement 100 West 1~t Avenue Doiray Beach, FL 33444 Re: Request for Reduction of Municipal Liens Dear Ms. Buffer: This letter is in regards to a request of Municipal Liens on the, following properties: 1. SW 11a Avenue, Atlantic Gardens Delray Lot 6, Block 9, Dolray Beach, Florida, PC # 12-43-46-17-23-009-0060 2. SW I Ia Avenue, Atlantic Gardens Delray Lot 1, Block 9, Defray Beach, Florida, PC #12-43-46-17-23-009-0010 Our firm is requesting that a full release of these liens be granted. In the alternative Of a full waiver, we are requesting a waiver of any and all administrative costs and' interest charged on these properties. Our intent once the liens have been Waived is to construct new single-family residences to be owner ocoupied. Enclosed you will fred the appropriate Request for Reduction of Municipal Liens Forms for each of these ' properties, along with a copy of a proposed floor plan for the single family home residence. Again~ as stated in our meeting, the City of Lake Worth is doing full waivem and the City of West Palm Beach is accepting fifteen percent (15%) of their original amount. We would appre~:iate any and all consideration in accomplishing this objective. Please feel free to contact me on my mobile phone at 561-662-3202 with any questions or comments. Sineerely, pr Dir~tor of Real Estate Operations Cc: David Harden, City Manager JD:kh RECEIVED D£C ! 0 2003 COMM. IMP. ADMIN. Customer # 129 Buyers Investment Group Limited SWllaAvenue · Vendor Payments · Recording Total $1fi86.18 .43.08 $1,729.26 · Administrative Charges · Interest Total Total Total $ 955.00 $2,057.80 $' 4,742.06 City of Delray Beach Department of Community Improvement REQUEST FOR REDUCTION OF MUNICIPAL 1. Please complete the information listed below as the requester for lien r, · Requester's Name (if business, please list company name and c · Address: IqOO ~l~y/ale. Road · Contact Telephone Number: (,~l · FaxNumber: (~t~) 11~-~t~-14~4 · E-mail address: (~lO.f~ 2. ?tease intricate if the company listed in t, above (it'applicable) is: ~ For Profit [] Non-Profit 3. Property information - Describe the property for which this request is · Address: · Property Control Ntunber (PCbO: l_2- k, oo _to__ · Legal Description: IENS FORM tuction, ntact person): ag made: a. Property acquisition informaXion: · DateofPurehase: OL~; i~j ~ · Method of Purchase - Warranty Deed, Tax Certificate, etc.: ''~ · Purchase Price $ l'}1 }lib , ~ 5. Briefly describe exactly what you are r~luesting fi.om the City:. 6. Briefly describe the pUrPose for which subject property will be utili~ proposed timetable for implementing such use: 7. Have you requested lien reductions at any Other time from the City It'*o, when and on what property: n,..er (or owner'S agent) Signature A§ent'~ d and your ? Delray Beach.'? bmitted Rec. orde~ in Palm Beach County 06/18/2003 10:59:10 AM Dorothy H. Wilken O.R BK/PG ~15395/0~73 20030358738 AMT 4,110.00 Doc Stemp :29.40 TAX DEED Dorothy H. Wilken~ STATE OF COUNTY OF P'~ H ............ = '-' · thc a licant having para or [~a~.,.,~, . . o~.,.,., and annlication ~ for .th~ann~ ora tax deed, . PP ...... a a.. cost.~ and exnens~s of lhts sale, and due 'ficai,~ on th~ land d~crtbe~, rcqmred by law to hc pal . a~ ... ~, v',,o anneared to redeem said land; such land of sale haviag been pubhah~~] by law, and no {~ ........ '- *~ ,he hiohcst bidder and was sold to: was on tl~ lSth day of/uae, '~} ~red tot ~ale as requ~reo oy ,aw ,o,; ........ 1400 ALLL~DALE ROAD BEACH,FLORIDA 33405 ' ..- ' WESTPAL~ , . ~,. ?~ _..~_:.~.:n~ te,~uiredbvthe LawsofFlodda. being the hi§best bldder and having pat~."a~,/..~g~t su~ ..... n . NOW, this 18th day of June, 2003 the ~.6~a~of Palm Beach, $~ate of Florida, in ¢o~iderafion o f thc ~um o~ ........... ~ ONE HUNr~r~ g'D',TEN AND 00 ! 100----Dollars, .1~. mg thc amoum prod pursuant of thc Laws of ($ 4,110.00) I-tJu~. t ts~on .... ~'~;~ ~. c',~unW and State and described as follows: Florida does hereby sell thc foliowm§ maas at~.~...~ ....... · . [/'<~) CLERK OF THE CIRCUIT COURT PROPERTY ID NUMBER 12.43-~6-17-23-009-0010 ~6'~'~,~ ,.~ -- __ t~ ,,_ - ^ \.STATE OF FLORIDA ' F PALM BEACH VID GILLESPIE porsonally appcar~Y'~v{,'.~ RED MENDIOLA a Dep~y Clerk for On this lgth day of June, 2003 before me DA . robe . d~cnbed m and who executed the · · Court kaowa to u~ · ' n and aclO~oWledged thc execution of this instrument ...... :,-~:~..~[--~ ~ foreg.omgm~.trun~ ~. ........ ~. ....... and who did not take an oattL \r Wime~s my ha~d and official seal date aforesmo, ex, Customer # 382 ADM Properties, LLC SW 11a Avenue · Vendor Payments · Recording · Administrative Charges · Interest Total .. Total Total Total $1,149.63 35.60 $1,185.23 $ 770.00 $1,605.32 $ 3,560.55 CIIY Ut- J.,,'LLt~H'Y bt_HL.H City of Delray Beach Department of Community Improvement REQUEST FOR REDUCTION OF MUNICIPAL L ?ORM Please complete the information listed below as the requester for lien · Requester's Name (if business, please list compan3 · Address: Iqbo Alir-r~Jalc · Contact Telephone Number: · Fax Nxu-aber: · E-mall address: 2. Please indicate if the company listed in 1, above (if applicable) is: j~ For profit [] Non-Profit 3. Property information - Describe the property for which this request is · Address: ,, .~') It'~ &VC~. · Property Control Number (PCN): Lag made: Legal Description: 4. Propa'ty acquisition information: · Date of Purchase: · Method of Purchase - Warranty Deed, Tax Certificate, elm: "~ · PurchascPricc $ 5. Briefly dcscribc cxacdy what you are requesting f~om thc City. 6. Briefly describe the purpose for which xubjeet property will be utili~ proposed timetable for implementing such t~e: 7. Have yo~ requited lieu teductious ~ ~y o~cr tim~ from the City If $o. ~hcn ~d on wh~ p~op~y: Ow~r (or owner's agent) Signature Agent's Title and yOUr f Delray Beach? .brai[ted Date: March3, 2004 Agenda Item No. AGENDA REO_.UEST Agenda request to be placed on: X Regular __ Special Workshop __ Consent When: March 11, 2004 Description of Agenda Item: Reconsideration of a Request for Reduction of Liens/SW 11th Avenue Ordinance/Resolution Required: Recommendation: Approval Department Head Signature: Yes Q~) Draft Attached: City Attorney Review/Recommendation (if applicable) Yes / No Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved Memo To: David Harden, City Manager From: Lula Butler, Director, Community Improvement Date: March 4, 2004 Re:. Request for Reduction of Lien / 304 SW 7th StreetJBuyem Investment Group ITEM BEFORE THE COMMISSION: Consideration of the request to reduce liens assessed to the property addressed as 304 SW 7~ Street submitted from Buyers Investment Group Limited Inc. The request is for a full release of all liens assessed by the City on this parcel. The total amount of liens assessed to this property is $8,077.01 which includes costs associated with an emergency board-up, demolition of an unsafe structure and the abatement of nuisances between 1995 and 2002. BACKGROUND: City Commission's policy adopted for requests for lien reductions from individuals and for- profit Investment Corporations or other businesses may be reduced up to the total amount assessed for interest and administrative fees only. The City's actual out of pocket cost must be paid. The attached application states that the Investment Group is proposing to construct a new single family home on the vacant lot. The owner's application, letter of request from the agent and documentation of the assessed liens are attached for your reference. The area where the lot is located is zoned R-lA. This zoning does not change under the approved Southwest Neighborhood Plan. RECOMMENDATION: Staff is recommending a partial reduction of the liens assessed consistent with the approved policy, reducing the amount of the outstanding liens assessed to the property in this application in the amount of $4,037.27. In addition, the balance of the lien, ($4,039.74), representing the City's out-of-pocket costs, must be paid within 30 days of Commission approval and the release of the reduced lien amount shall be coordinated with the submission of a building permit for a single family home. LB:DQ Lien Reduction Buyers Group 2, Mar2004 Charge Breakdown Customer # 5102 Name Buyers Investment Group Limited, Incorporated Address 304 SW 7th Street DATE INVOICE RECORDING ADMINISTRATIVE FEE FEE DEMOLITIOI~ 01/19/96 6983 Board Up 94.70 947.0,! 04/17/97 9362 Demo 247.36 1986.01 2933.04! NUISANCE 01/09/95 5446 2.70 70.00 45,00 08/15/95 6276 2.80 70.00 51.00 11/10/95 6452 2.64 70.00 51.00 11/06/96 8431 4.36 70.00 77.U0 08/29/97 10172 2.90 70.00 67.0b _ 11/21/97 10662 1.44 70.00 iJ '51.00 04/09/98 11646 2.24 70.00 69.00 09/23/98 12555 4.24 70.00 134.00 01/20/99 13303 4.50 70.00 69.00 09/28/99 14903 3.40 70.00 57.0(~ 03/14/00 16337 3.11 70.00 91.8~ 07/27/00 17315 2.72 70.00 59.9~ 12/19/00 18747 3.11 70.00 67.92 07/30/01 20194 3.68 70.00 58.1~ 11/26/01 21061 --- 55.00 50.4[ 12/17/02 23366 --- 80.00 63.5( PAYMENTS TO VENDORS 3995.90 '- ADMINISTRATIVE CHARGES 1457.06 RECORDING FEES 43.84 INTEREST 2580.21 TOTAL 8077.0t BUYERS INVESTMENT GROUP, LTD. 1400 Allendale Road, Suite 1 West Palm Beach, FL 33405 Phone: 561-656-4447 Fax: 561-656-4469 February 25, 2004 City of Delray Beach Ms. Lula Butler, Director Department of Community Improvement 100 West 1~t Avenue Delray Beach, FL 33444 Re: Request for Reduction of Municipal Liens Dear Ms. Butler: This letter is in regards to a request for reduction of Municipal Liens on the following property: ca 304 SW 7~ Street, Lot 14, Nichols 2nd Addition to Delray Beach, Defray Beach, Florida, PC #12-43-46-20-08-000-0140 Our finn is requesting that a full release of these liens be granted. Our intent, once the liens have been waived, is to construct a new single-family residence to be owner occupied. Enclosed you will find the appropriate Request for Reduction of Municipal Liens Form for this property, along with a copy of a proposed floor plan for the single family residence. Please consider that the City of Lake Worth is granting full waivers and the City of West Palm Beach is accepting fifteen percent (15%) of their original amount. We appreciate the City's consideration of our request. Please contact me on my mobile phone at 561- 662-3202 with any questions or comments. Sincerely, Director of Real Estate Operations Cc: David Harden, City Manager tx~)V.10.~803 3:55PM CITY OC DELRAY BEACH NO.E~7 P.4/5 City of Defray Beach Department of Community Improvement REQUEST FOR REDUCTION OF M,UNICIPAL L I. Please complete the information listed below as the requester for lien z · Requester's Name (if business, please list company name and c, Address: . ContactTclcphon~Numb~r: (6'~) ~5'¢-qqq7 · E-mailadckess: o,[o~m,~,qJc-~O~'~ q~oO-GO~ 2. Please indicam if the company li~ted ir, 1, above (if app~¢abl¢) is: For Profit [] Non-Profit 3. Property information - Describe the property for which this requ~t is 1~ · Property Control Number (PCN): · Legal D~cription: ENS FORM ducfion, intact person): ~K)V.10.~3 3:b-'::~4 CITY 0~- I)~L'I-~ ~FK~4 NO.~? P.5/5 Property acquisition information; * Date of Pumhasc: Ht~-c~ · Method of Purchase - Warranty De~d, Tax Certificate, etc.: · Purchase Price $ BrictIy describe exactly what you are requesting from thc City:. 6. Briefly descn'oe the purpose for which subject property will be utili'~ proposed timetable for impl~nenting such use: 7. Have you requested lien reductions at any other time from the City o If so, when and on what property:. DaTe ed and your br~tted ~ Delray Boach? Date: March 4, 2004 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: X Regular __ Special Workshop __ Consent When: March 11, 2004 Description of Agenda Item: Reconsideration of a Request for Reduction of Liens / 304 SW 7th Street Ordinance/Resolution Required: Yes ~ Draft Attached: Yes / No Recommendation: Approval Department Head Signature: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~/No ~A~ Hold Until: . Agenda Coordinator Review: Received: Action: Approved / Disapproved TO: THRU: FROM: SUBJECT: D ,A~.~ R~ T_~Y MANAGER COTT MEETING OF MARCH 11,2004 - REGULAR AGENDA APPROVE PROPOSED MODIFICATIONS TO THE PARKING LICENSE AGREEMENTS At the City Commission meeting of December 2, 2003 the Commission considered proposed modifications to the Parking License Agreements including a $25.00 increase per valet queue space, and expansion of the agreement to require compliance with state and local traffic laws. Additionally, the violation of state or local traffic laws was proposed to be subject to fines and penalties. Although the consensus of the Commission was that an increase was merited they felt the proposed $25.00 increase was excessive. After careful deliberation the City Commission directed Staff to bring the item back to the Parking Management Advisory Board (PMAB) for further consideration. After failing to achieve a quorum at the December and January meetings the item was discussed at the PMAB meeting of February 24, 2004. The Board recommended the following: 1. Increase the fee of each valet queue space by $10.00 from $50.00 to $60.00 per month and, 2. Include in Section 9 of the agreement that the Licensee, his/her employees, agents, representatives and/or subcontractors must comply with all State and Local ordinances regarding traffic laws. The violation of traffic laws was not included in Section 14 which assesses penalties and fines for the violation of the Parking License Agreements. The Board felt that these types of occurrences could be monitored independently and addressed to individual agreement holders if necessary. Continued non-compliance of traffic violations could result in termination of the agreement under Section 8. By motion, approve a $10.00 increase in the monthly queue space fee from $50.00 to $60.00 per space and add compliance by Licensee, his/her employees, agents, representatives and/or subcontractors of all state and local ordinances regarding traffic laws to Section 9 of the agreement. Attached: Proposed Agreement PARKING LICENSE AGREEMENT THIS AGREEMENT ("The Agreement") is made this 1st day of January, 2004, by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY"), and ., a Florida corporation ("LICENSEE"). WlTNESSETH: WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are h~reby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Parkin~ Queues. The CITY agrees to allow LICENSEE the non-exclusive use of__ (number) parking spaces located for valet parking queues. The parking spaces are to be used for valet parking queues daily between the hours of__ p.m. to __ a.m. on (days per week). LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion) and during the special events, the license will not be valid. It is also understood by the terms of this Agreement that the valet queue location may from time to time be re-located by the CITY in its sole discretion after providing thirty (30) days' written notice to LICENSEE. The LICENSEE and or the Valet shall not restrict the use of the Valet Queues to only persons using the LICENSEE'S business, but the valet queue shall be open to anyone wanting to use the valet service offered by LICENSEE. The City Manager or his designee(s), shall enforce the provisions of this agreement, including the location, time, days of the valet service, parking limitations and requirements, and compliance with all applicable laws and ordinances. When required by law, the enforcement shall be accomplished through personnel authorized by law to enforce the law. 3. Parking Locations/Agreements. LICENSEE agrees that LICENSEE will provide the CITY with current written assurances and/or a lease agreement for use of a private parking lot(s). The private lot(s) must also comply with minimum City codes for a parking lot(s). LICENSEE shall also provide the CITY with a copy of its current valet agreements, and a copy of its current insurance certificate as set forth in Exhibit A. LICENSEE will ensure that the valet service is operated in a manner that will not result in cars stacking on and/or blocking the travel ways of any alleyway, public street or parking lot. These assurances and agreements must be provided upon execution of this License Agreement., when there is a change in any agreement referred to herein or upon the request of the CITY. Failure to comply with these conditions will be a basis for termination of this License Agreement. CITY .... ., 4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the ~n,, dollars ($~4~ ~.00) per month, per parking queue space utilized by the 10th of each month. A late fee of 5% will be charged after this date. If more than one License Agreement is issued for the queues, the fee will be shared proportionately. 5. Si~nage. The CITY agrees to post the valet parking queue spaces with valet parking times and days authorized. Sandwich board signs may not be used to advertise the valet service. Advertising signs will be allowed as prescribed by the City's Manager or his designee. 6. Valet Service~ Valet Equipment. The LICENSEE'S operator may for the storage of keys install a moveable, temporary, valet desk on the sidewalk, either public or private, during the hours of valet service so long as the desk does not impede the pedestrian flow. 7. Term and Renewal. The term of this Agreement shall be for one year from the date written above. The License may be renewed by the City Manager following receipt of a written notice from LICENSEE that LICENSEE desires to continue using the parking spaces for valet parking queue, if the City Manager determines in his sole discretion that the renewal is in the best interests of the CITY. The City Manager may add additional provisions to this agreement upon renewal, including but not limited to, the requirement to use an off-duty police officer during the time and dates the City Manager deems advisable. 8. Revocable License. This Agreement is only a non-exclusive License Agreement and may be revoked by the CITY at anytime with or without cause during the initial term or any renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective when mailed. 9. Compliance with Laws. LICENSEE ~ agree~ to comply and adhere to all state laws and local ordinances regarding ~ parking that exist or as amended from time to time. LICENSEE further acknowledges that due to the high traffic in this area, double parking unattended vehicles will not be permitted. 10. Notice. Notices required to bc provided pursuant to this Agreement shall bc sent to the following addresses: To CITY: David T. Harden, City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 To LICENSEE: 11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet service in the amounts and under the conditions prescribed in Exhibit A which shall at all times remain current. Thc City of Delray Beach shall be named an additional insured. 12. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and ail claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about thc defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereofi 13. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 14. Penalties for Violations/Termination. LICENSEE for: (1) Penalties will be imposed upon the Valet parking of cars in either on-street or off-street public parking spaces; and/or (2) Valet parking of cars in the designated parking queues; and/or (3) Expanding the designated parking queues area:-; and/or The penalty schedule for the above violations is as follows: 1 st violation 2nd violation - 3rd violation 4th violation waming $200 $500 Termination ofLicenseAgreement Notices of violation will be written by a Police Department representative and will be sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty (30) days of receipt of the notice will result in termination of the agreement. LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may terminate this non-exclusive License Agreement without cause or for cause. LICENSEE will at all times comply with the City's policy/procedure for use of public parking spaces/queues which shall change from time to time subject to the sole discretion of the City. 4 15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 16. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, which the CITY may withhold grants in its sole discretion. 17. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 18. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 19. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 20. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this __ day of ,2001. ATTEST: THE CITY OF DELRAY BEACH, a Florida Municipal Corporation By:. City Clerk JeffPeflman, Mayor Approved as to form: City Attomey (CORPORATE SEAL) By: Name Printed: Title: 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 (name of corporation acknowledging), a incorporation) corporation, on behalf of the corporation. has produced day of _(state or place of He/She is personally known to me or (type of identification) as identification. Signature of Notary Public - State of Florida 6 EXHIBIT A INSURANCE REQUIREMENTS FORM 4 Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000/$500,000/$100,000. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insured on the liability policies; and it must be stated on the certificate. Thirty (30) days written cancellation notice required. Best's guide rating B +, VIII or better, latest edition. 7 [lTV OF DELRn',' BEiI[H CITY ATTORNEY'S OFFICE 2°° .w ,s, ^VE..E..EL.^Y .E^C., .LO.,DA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: Wdter's Direct Line: 561/243-7091 MEMORANDUM February 10, 2004 TO: FROM: City Commission David T. Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Transfer of Property to CRA On October 23, 2003 the City entered into an interlocal agreement with the CRA regarding 2 parcels of property adjacent to each other that are located along the east side of S.W. 5th Avenue just north of S.W. 2nd Street. The City owns one parcel and attempted to pumhase the other parcel, however, due to title problems we were unable to complete the purchase. The CRA offered to take the property by eminent domain in order to clear up the title problems. The interlocal agreement provided that once the CRA obtained title to the parcel the City would then convey its parcel to the CRA in order to make a buildable lot for the Housing Renaissance Program. The CRA has obtained title to the parcel and they are now requesting that the City transfer its parcel to them so that the property may be used for affordable housing. Please place this item on the agenda for the March 11, 2004 City Commission meeting. If you should have any questions, please do not hesitate to contact me. Attachments cc: Barbara Garito, City Clerk RESOLUTION NO. 13-04 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 ALONG THE EAST SIDE OF S.W. 5TM AVENUE JUST NORTH OF S.W. 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY TO BE UTILIZED FOR THE RENAISSANCE HOUSING PROGRAM. WHEREAS, the City of Delray Beach, Florida, desires to transfer the West 1/2 of Lot 7, Block 30, Delray Beach, Florida, for the purpose of providing property for the Renaissance Housing Program; and WHEREAS, the City Commission has determined that it is in the best interest of the City to transfer the property described above; and WHEREAS, the City shall only transfer the property to the CRA based upon the terms and conditions of the Interlocal Agreement between the City and the CRA; 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 the West 1/2 of Lot 7, Block 30, according to the plat thereof as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, to the CRA based upon the terms and conditions, which are hereby incorporated herein, of the Interlocal Agreement between the City and the CRA. PASSED AND ADOPTED in regular session on this the __ day of March, 2004. ATTEST: MAYOR City Clerk MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # C~G RESOLUTION NO. 15-04 - REGULAR MEETING OF MARCH 11, 2004 MARCH 5, 2004 This is before the Commission to consider approval of Resolution No. 15-04 amending Resolution No. 64-03, FY 2004 Budget Adoption, transferring $1,721,226.00 from the General Fund (Prior Year Surplus) to the General Construction Fund. These funds are needed to offset a current cash shortfall in General Construction Funds. The $1,721.226.00 is made up of $1,404,726.00, for prior year General Construction Projects and $316,500.00 for current year Assessment Projects. Once the final assessment rolls are adopted, this amount will be recorded as an offsetting receivable in the General Fund. Recommend approval of Resolution No. 15-04 amending Resolution No. 64-03, FY 2004 Budget Adoption, transferring $1,721,226.00 from the General Fund (Prior Year Surplus) to the General Construction Fund. S:\City Clerk\agenda memos\Res. 15-04. Operating Funs FY03-04.03.11.04 MEMORANDUM TO: FROM: DATE: SUBJECT: David Harden, City Manager Joseph Saffo~ce Director February 25, 2004 TRANSFER OF FUNDS FROM GENERAL FUND SURPLUS Attached is an agenda request to transfer available funds from the General Fund Surplus in the amount of $1,721,226. These funds are needed to offset a current cash shortfall in General Construction Funds. The $1,721,226 is made up of $1,404,726, for prior year General Construction Projects and $316,500 for current year Assessment Projects. The $1,404,726 shortfall is due to the completion of two major capital projects which were intended to be paid by Assessment Revenues. The assessments have not yet been levied. Therefore General Construction Revenues paid offthese projects. As the assessments are levied, the revenues will be recorded in the General Fund. Please place this item on the March 11, 2004 Agenda for consideration by the City Commission. RESOLUTION NO. 15-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 64-03 ADOPTED SEPTEMBER 23, 2003, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2003/2004, BY SETFING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2003/2004; TO REPEAL A I.l. RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 64-03 adopted September 23, 2003, is hereby repealed, and a new Section 1 is enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit "A", are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional, and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1*t day of October, 2003, and ending the 30t~ day of September, 2004, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1st day of October, 2003, and ending the 3ffh day of September, 2004. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 302 day of September, 2003, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1~t day of October, 2003. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1s~ day of October, 2003. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, at the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefore. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Administrator and/or Finance Director to report known violations of this section to the City Manager. Section 7, That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on September 9, 2003, and September 23, 2003. Section 10. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 11th day of March, 2004. ATYEST: MAYOR City Clerk 2 Res. No. 15-04 EXHIBFr A (As Amended) BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA FISCAL YEAR 2003.-2004 TAXES AD VALOREM TAXES AD VALOREM TAXES AD VALOREM-DELINQUENT AD VALOREM - DDA Sales & Use Taxes Franchise Taxes Utility Taxes Other Taxse Licenses & Permits Intergovernmental Charges for Services Fines & Fodeiturse Miscellaneous Revenues Other Financing Sources DOWNTOWN 8PEC~L GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUND8 FUNDS TOTAL 1,721,226 72,060 1,644,370 7.52 048 33,791,490 2,157,380 89,000 1.760,000 3,248.000 4,044,000 4,166,000 2,970,860 6,641,320 5,706,000 2,553,830 2;879,720 70~893~100 72,614~326 4,180 32,519,910 0 3,437,656 331791,490 2,157,380 89,000 209,780 1,760,000 3,248,000 4,044,000 4,166,000 2,970,860 1,779,400 8,424,g00 17,500 38,245,410 23,000 3,190,310 1 ~373~820 4~321 ~540 216,780 33,19~570 3~193~720 107~502~170 288,840 34,842,940 3,193,720 110,939,826 General Go~mrnent Services Public Safe~y Physical Environment Tmnsrx~tation Economic Environment Human Sarviceo Culture & Recreation Debt Ser'~ce Other Financing Uses 7,163,730 39,106,660 398,990 1,599,560 3,503,580 119,000 9,807,280 3,837,140 617321006 72,267,946 346,380 '/'216141326 2881840 7,163,730 0 39,106,660 19,944,380 20,343.370 1,599,560 1,5~5,780 5,388,200 119,000 3,610,560 1,336,460 14,754,300 5,653,730 9,490,870 51150f~40 212~750 12~095;696 34,359.610 3,144,990 110,061,386 48~730 878,440 3~193,720 110,939,826 AGENDAITEM NUMBER: AGENDA REQUEST Date: February 19, 2004 Request to be placed on: x Regular Agenda __ Special Agenda __ Workshop Agenda When: March 11, 2004 Description of agenda item: City Commission is requested to transfer $1,721,226 from the General Fund. (Prior Year Surplus) to the General Construction Fund. The General Construction Fund has a cash shortfall primarily due to several projects completed using assessments as the Funding source. These assessments, once approved, will be collected over a 10-year period. The General Fund will be reimbursed theses funds from the collection of the assessments. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES X NO YES NO Recommendation: City Commission approval of budget resolution to approve the transfer of $1 ~721,226 from the General Fund to the General Construction Fund. City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all Items Involving expenditure of funds): Funding available: Yes Funding alternatives (if applicable): Account Number: Account Deecdption: Account Balance: City Manager Review: Approved for Agenda: ~ Hold Until: Agenda Coordinator Review: Received: Action: Prior Yr Surplus/General Fund No Approved: Disapproved: P.O. # MEMORANDUM To: From: Date: David T. Harden, City Manager Joseph M_. Saffor~i~ce Director November 22, 2003 Subject: SCRWTDB Renewal nnd Replacement Reserve Account The issue of the difference in balances in the SCRWTDB Renewal and Replacement Reserve between the City of Delray Beach and Boynton Beach has been discussed several times. There was an extensive write-up of this isle that was prepared in 1996. We felt that, in 1996 as well as currently, our balances are correct and that the City of Boynton Beach should review their balances for appropriate adjustments. The City of Deiray Beach feels that our balances are correct for the following reasons: 1. The City of Delray Beach had the same beginning balances as the City of Boynton Beach in 1981 2. The City of Delray Beach had the same receipts and disbursements from 1982- 2002 as the City of Boynton Beth (other than ilRerest eal~gS) 3. The City of Delray Beach and Boynton Beach both use the Florida SBA investment account receiving the same identical rate of return 4. The City of Delray Beach records monthly interest earnings on our account 5. The City of Delray Beach records actual daily balances talcing into accoun~ ali receipts and disbursements 6. The City of Delray Beach monthly reconciliations and balances are audited and confirmed by our external auditors, Ernst & Young 7. The Ci~ of Delray Beach monthly reconciliations and balances are confirmed with SCRWTDB The one possible reason for the majority of the difference in balances is in the beginning of year 1991 when the City of Delray Beach issued $1,500,000 in payments for the SCRWTDB Odor Control Project. The City of Boynton Beach didn't issue their payment until the end of the following year. This meant that the City of Boynton Beach recorded interest earnings on $1,500,000 for almost two (2) years more than the City of Deiray Beach. The other possible reason for annual differences is that the City of Boynton Beach is not recording interest on a monthly basis (taking into account daily balances) similar to the City of Delray Beach. We feel that our records are correct and that Boynton Beach balances should be reviewed in the same amount of detail that we have recorded. We therefore conclude that the City of Delray Beach should not be responsible for contributing additional funds to balance to the City of Boynton Beach. Please contact this office if any further information is required. Encl: Comparative Chart of Balances 1981-2002 Cc: Milena Walinski, Assistant Finance Director Rebecca O'Connor, Treasurer To.' City Commission David Harden, City Manager ~/~/ Mamh 5, 2004 Roadside Beautification Adjacent to Rainberry Bay When the widening of Lake Ida Road was being planned, Palm Beech County agreed to provide $3.50 per lineal foot, to be matched by the City, for additional landscaping adjacent to Rainberry Bay. In preparation for design and installation of this landscaping we received the attached draft agreement from the County. This draft agreement imposes many requirements on the City which we had not anticipated. The most costly requirement is that the City would become responsible for maintenance of this landscaping. It has long been the City's policy that we maintain medians but not the roadside, with rare exceptions. Because of this and other requirements, I believe the conditions imposed would cost us considerably more than the $5,250 we expect to receive from the County for this work. Recommendation: I recommend that we reject County assistance for this project, and that we pay the cost of additional landscaping for this area Eom our own funds. Our own horticulturist would do the design work and future maintenance would be the responsibility of Rainberry Bay. Message Harden, David To: Davila, Nancy Subject: RE: Lake Ida Road Roadside Beautification Financial Assistance Agreement I will discuss this with the City Commission, but I will not recommend it. I do not think the amount of money offered is worth the strings attached. I think we are morally obligated at this point to do something, but I think we would be better off doing it with our own money and having Rainberry maintain it. ..... Original Message ..... From: Davila, Nancy Sent: Wednesday, February 04, 2004 11:48 AM To: Harden, David Cc: Butler, Lula; Shutt, Brian Subject: Lake Ida Road Roadside Beautification Financial Assistance Agreement As you know, during the time of the initial plan development for the Lake Ida Road Improvements, Rainberry Bay (Jay Slavin) lobbied for the County to provide a wall along the southern perimeter of their property to provide an additional buffer for their residents. The County would not agree to the wall, but did agree to providing a 50% match for landscape improvements, up to $3.50 a linear foot. Since they have 1,500 lineal feet, this equates to $5,250.00. Rainberry Bay was able to get the City (Mayor Schmidt) to commit to providing what should have been their portion of the match, at the same $3.50/1.f. Yesterday, I received a draft copy of the agreement, which, is basically an agreement between the City and the County, but, which places a considerable burden upon the City, that I was not expecting. The end result, is that the City will have to underwrite considerably more than the $3.50/1.f. Some of the key points are as follows: **** The enhancements must be incorporated into a City project The City will be responsible for the perpetual maintenance of the improvements The City must hire a Landscape Architect to prepare the plans, and further assume responsibility for bidding, contract preparation and contract administration The plans must be submitted to and approved by Palm Beach County Engineering The City must maintain maintenance records for three years which are accessible to PBC auditors And of course there is the language about being an insured municipal corporation, which I know Brian had concerns about on a previous agreement. Per this agreement, the City's portion of this work would far exceed the $5,250.00 we had anticipated contributing. We could anticipate $3,000 for the Landscape Architectural plans, and the future maintenance obligations take us to a realm we don't want to enter. If we maintain their buffer, where will it end? I imagine we could enter into a maintenance agreement with Rainberry Bay, but in the future, they could tum it around and say, we aren't maintaining it, and the responsibility reverts back to the City. Please advise. 2/15/2004 CITY OF DELRAY BEACH - LAKE IDA ROAD ROADSIDE BEAUTIFICATION FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF DELRAY BEACH LAKE IDA ROAD ROADSIDE BEAUTIFICATION IMPROVEMENTS THIS AGREEMENT is made and entered into this day of , 2004, by and between the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, hereinafter "CITY" and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY." WITNESSETH: WHEREAS, the COUNTY in conjunction with its thoroughfare widening projects will financially support property owners' associations that desire to provide and/or enhance roadside buffer landscaping; and WHEREAS, in such instances the COUNTY will contribute fifty percent (50%), not to exceed $3.50 per linear foot, for the installation of such buffer landscaping along the frontage of the property owners' association; and WHEREAS, Rainberry is desirous of enhancing its buffer landscaping along its Lake Ida Road frontage; and WHEREAS, the CITY is willing to incorporate the enhancement for Rainberry into the CITY's project; and WHEREAS, in acknowledgement of the CITY's willingness to provide Rainberry's enhancement, the COUNTY is entering into this Agreement with the CITY; and WHEREAS, CITY is undertaking the installation of beautification improvements, including, but not limited to, landscaping and irrigation, along the north side of the COUNTY--s Lake Ida Road from the E3 % Canal to East of N. W. 22"~ Court hereinafter "IMPROVEMENTS"; and WHEREAS, COUNTY believes that the IMPROVEMENTS serve a public purpose in the enhancement of the appearance of the road for motorists, residents, and visitors and wishes to support those efforts by providing a reimbursement contribution for fifty percent (50%) of the cost of improvements, such contribution not to exceed a maximum of ($ ) to CITY for the installation of the IMPROVEMENTS; and WHEREAS, during and after installation, CITY will be responsible for the perpetual maintenance of the IMPROVEMENTS; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. The above recitations are true, correct, and are incorporated herein. 2. COUNTY agrees to reimburse CITY for fifty percent (50%) of the costs of the IMPROVEMENTS, not to exceed a maximum amount of and 00/100 DOLLARS ($000000.00), whichever is less, of the cost for the initial installation, to be used exclusively for the IMPROVEMENTS. 3. COUNTY agrees to reimburse CITY the amount established in paragraph 2 for costs (materials and labor) associated with installation of the IMPROVEMENTS, upon ClTY--s submission of acceptable documentation needed to substantiate their costs for the IMPROVEMENTS. COUNTY will use its best efforts to provide said funds to TOWN on a reimbursement basis within forty-five (45) days of receipt of all information required in Paragrapgh 6, below. 4. COUNTY--s obligation is limited to its payment obligation and shall have no obligation to any other person or entity. 5. CITY agrees to assume all responsibility for design, bidding, contract preparation, and contract administration for the installation of the IMPROVEMENTS, including payment(s) to contractor(s), pursuant to all applicable governmental laws and regulations and will comply with all applicable governmental landscaping codes and permitting requirements in the selection and installation of the IMPROVEMENTS. CITY agrees to install the IMPROVEMENTS substantially in accordance with the plans, specifications and costs as approved in the permitting process by COUNTY. CITY also agrees to assume financial responsibility for the completion of any portions of the IMPROVEMENTS that are not fully-funded by the amount set forth in Paragraph 2, above. Otherwise, COUNTY will have final determination of the CITY OF DELRAY BEACH - LAKE IDA ROAD ROADSIDE BEAUTIFICATION eligibility for reimbursement of any changes. Substantial variations from the permitted plans shall require prior written approval from County Engineer=s Office. The final drawings must be signed and sealed by a Florida Registered Landscape Architect experienced in roadway planting and familiar with the COUNTY=S Straetscape Standards. 6. CITY will obtain or provide all labor and materials necessary for the design and installation of the IMPROVEMENTS. COUNTY shall have the final determination of eligibility for reimbursement. CITY shall furnish the Manager, Straetscape Section, of COUNTY=S Department of Engineering and Public Works with a request for payment supported by the following: a. A statement from a Florida Registered Landscape Architect that the IMPROVEMENTS have been inspected and were installed substantially in accordance with the permitted plans for the IMPROVEMENTS, and; b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and incorporated herein as Exhibit .~,Ae (pages I and 2) which are required for each and every reimbursement requested by the CITY. Said information shall list each invoice paid by CITY and shall include the vendor invoice number, invoice date, and the amount payable by CITY. CiTY shall attach a copy of each vendor invoice paid by CITY along with a copy of the respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule Form. Further, the Program Administrator and the Program Financial Officer for CITY shall also certify that each vendor invoice listed on the Contractual Services Purchases Schedule Form was paid by CITY as indicated. 7. CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the IMPROVEMENTS for at least three (3) years after the completion of such IMPROVEMENTS. COUNTY shall have access to all books, records and documents as required in this Section for the purpose of CITY OF DELRAy SEACH - LAKE IDA ROAD ROADSIDE BEAUTIFICATION inspection or audit during normal business hours. 8. CITY agrees to be responsible for the perpetual maintenance of the IMPROVEMENTS following the installation and shall be solely responsible for obtaining and complying with all necessary permits, approvals, and authorizations from any federal, state, regional, or COUNTY agency which are required for the subsequent maintenance of the IMPROVEMENTS. 9. All installation of these IMPROVEMENTS shall be completed and final invoices submitted to the COUNTY no later than September 30, 2005, and the COUNTY shall have no obligation to the CITY or any other entity or person for any cost incurred thereafter unless the time for completion is extended by modifications of this Agreement as provided herein. 10. CITY recognizes that it is an independent contractor, and not an agent or servant of COUNTY or its Board of County Commissioners. In the event a claim or lawsuit is brought against COUNTY, its officers, employees, servants or agents, relating to the IMPROVEMENTS or any item which is the responsibility of CITY, CITY hereby agrees to indemnity, save and hold harmless COUNTY, its officers, employees, servants or agents, and to defend said persons from any such claims, liabilities, causes of action and judgements of any type whatsoever arising out of or relating to existence of the IMPROVEMENTS or the performance by TOWN as may relate to this Agreement. CITY agrees to pay all costs, attorney=s fees and expenses incurred by COUNTY, its officers, employees, servants or agents in connections with such claims, liabilities or suits except as may be incurred due to the negligence of COUNTY. 1'1. CITY shall, at all times during the term of this Agreement (the installation and existence of the IMPROVEMENTS}, maintain in force its status as an insured municipal corporation, and shall provide evidence of this insurance prior to COUNTY--s execution of this Agreement. '12. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work Jn furtherance hereof, CITY certifies that its affiliates, suppliers, cri~ OF DELRAY BEACH - LAKE IDA ROAD ROADSIDE BEAUTIFICATION sub-contractors, and consultants who perform work hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 13. CITY shall require each contractor engaged by CITY for work associated with this Agreement to maintain: a. Workers= Compensation coverage in accordance with Florida Statutes, and; b. Commercial General Liability coverage, including vehicle coverage, in combined single limits of not less than ONE MILLION AND 00/100 DOLLARS ($1,000,000.00). COUNTY shall be included in the coverage as an additional insured. c. A payment and performance bond for the total amount of the improvements in accordance with Florida Statue 255.05. 14. In the event of termination, CITY shall not be relieved of liability to COUNTY for damages sustained by COUNTY by virtue of any breach of the contract by CITY; and COUNTY may withhold any payment to CITY for the purpose of set-off until such time as the exact amount of damages due COUNTY is determined. In the event CITY elects to discontinue its maintenance obligation for the IMPROVEMENTS under this Agreement, it shall be the obligation of the CITY to restore, if necessary, the area of the IMPROVEMENTS in COUNTY=s right-of-way to a condition acceptable to County Engineer, which shall be in accordance with Federal, State and COUNTY standards for road construction and/or maintenance. In the event CITY fails to restore the area of the IMPROVEMENTS to a condition acceptable to the County Engineer, COUNTY may undertake such restoration and CITY shall be liable for the costs of such restorstion. 15. CITY=s termination of this Agreement shall result in all obligations of COUNTY for funding contemplated herein to be canceled. 16. COUNTY and CITY agree that no person shall, on the grounds of race, CITY OF DELRAY BEACH - LAKE IDA ROAD ROADSIDE BEAUTIFICATION color, national origin, sexual orientation, religion or creed, sex, age, or handicap be discriminated against in performance of the Agreement. 17. In the event that any section, paragraph, sentence, clause or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 18. All notices required to be given under this Agreement shall be writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the following: COUNTY Manager, Streetscape Section Palm Beach County Department of Engineering and Public Works Post Office Box 21229 West Palm Beach, Florida 33416-1229 AS TO CITY City Manager City of Delray Beach 100 N. W. Ist Avenue Delray Beach, FL 33444 19. This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy shall preclude any other or further exercise thereof. 20. Any costs or expenses (including reasonable attorney=s fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to the Agreement. CITY OF DELRAY BEACH - LAKE IDA ROAD ROADSIDE BEAUTIFICATION 21. Except as expressly pen~itted herein to the contrary, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 22. Each party agrees to abide by all laws, orders, rules and regulations and CITY will comply with all applicable governmental landscaping codes in the maintenance and replacement of the IMPROVEMENTS. 23. The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party (or parties). Nothing contained herein shall be construed as a waiver by COUNTY, by any of the parties, of the liability limits established in Section 768.28, Florida Statutes. 24. CITY shall promptly notify COUNTY of any lawsuit~related complaint, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. 25. The parties expressly covenant and agree that in the event any of the parties is in default of its obligations under this Agreement, the parties not in default shall provide to the defaulting party thirty (30) days written notice before exercising any of their rights. 26. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. 27. CITY has the authority to enter into this Agreement, and to perform the obligations contained herein. 28. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. 29. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. CITY OF DELRAY BEACH - LAKE IDA ROAD ROADSIDE BEAUTIFICATION 30. This Agreement shall take affect upon execution and the effective date shall be the date of execution. (INTENTIONALLY LEFT BLANK) IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the day first above written. PALM BEACH COUNTY, FLORIDA, BY CITY OF DELRAY BEACH, ITS BOARD OF COUNTY COMMISSIONERS BY ITS CITY COMMISSION By: By: KAREN T. MARCUS, CHAIR MAYOR (COUNTY SEAL) (CITY SEAL) ATTEST: DOROTHY H. WlLKEN, CLERK ATTEST: By: By: DEPUTY CLERK CITY CLERK By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY ASSISTANT COUNTY ATTORNEY By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY By: APPROVED AS TO TERMS AND CONDITIONS ci'rY OF DELRAY BEACH - LAKE IDA ROAD ROADSIDE BEAUTIFICATION MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # o~"' - REGULAR MEETING OF MARCH 11, 2004 ENGINEERING CONSULTING AGREEMENTS MARCH 5, 2004 This is before the Commission for approval of seven (7) Engineering Consultant Agreements between the City and Mathews Consulting, Inc.; Hazen & Sawyer, PC; CH2M Hill; Lawson, Noble & Webb, Inc.; Kimley-Horn & Associates, Inc.; Keith & Schnars, P.A.; and McMahon & Associates for engineering consulting services. At the December 9, 2003 City Commission meeting, the Commission expressed concerns regarding the selection criteria employed by staff to evaluate and rank respondents to the Request for Qualifications (RFQ) notice required by the Consultant Competitive Negotiation Act (CCNA). The Commission directed staff to review and modify the City's selection criteria using comparative categories from other local and regional governmental agencies. The goal was to establish an objective process that would be fair and equitable to all competing respondents while providing the best opportunity for the City to select the most qualified consultants in the context of the specific requirements of the capital program. At the January 13, 2004 City Commission meeting, staff presented its analysis and recommendations for proposed evaluation criteria to be used for rating of professional consultants responding to RFQ's and it was the consensus of the Commission to approve the revised criteria. Staff notified all prior respondents of the criteria modifications, public meetings scheduled to discuss the revised criteria, and gave them an opportunity to provide supplemental information for review. The Consultants were evaluated in three (3) disciplines: General Civil, Environmental, and Traffic/Traffic Calming. The results of the final rankings are illustrated on the attached spreadsheet. On the basis of the variety of disciplines, services required by the City's Capital Improvement Program, and amount of work available for consultant activity, I am recommending that contracts be awarded to the firms ranking one through six in General Civil and one in Traffic/Traffic Calming. Recommend approval of seven (7) Engineering Consultant Agreements between the City and Mathews Consulting, Inc.; Hazen & Sawyer, PC; CH2M Hill; Lawson, Noble & Webb, Inc.; Kimley- Horn & Associates, Inc.; Keith & Schnars, P.A.; and McMahon & Associates for engineering consulting services. S:\City Clerk\agenda memos\ EngmeeringConsulting Agreements03.11.0,4 City Of Delray Beach Department of Environtnental Services M E M 0 R A N D U M TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Environmental Services Director SUBJECT: CONSULTING ENGINEERING CONTRACT AWARDS www. mydelraybeach.com DATE: March 3, 2004 At the December 9, 2003 Regular City Commission meeting, staff recommendations for award of seven (7) contracts for continuing engineering consulting services were presented to Commission for consideration. At that time, Commission expressed concerns regarding the selection criteria employed by staff to evaluate and rank respondents to the Request For Qualifications (RFQ) notice required by the Consultant Competitive Negotiation Act (CCNA). Commission directed staff to review and modify the City's selection criteria using comparative categories from other local and regional governmental agencies. The goal was to establish an objective process that would be fair and equitable to all competing respondents while providing the best opportunity for the City to select the most qualified consultants in the context of the specific requirements of the capital program. At the January 13, 2004 Regular Commission meeting, staff presented its analysis and recommendations to Commission for proposed evaluation criteria to be used for rating of professional consultants responding to RFQs. Staff recommendations met a favorable reception by Commission and were adopted for use in the City's RFQ process. Subsequently, staff notified all prior respondents to the Engineering RFQ of the criteria modifications (notification attached) and afforded them an oppo~xmity to submit supplemental information for the review committee's reevaluation of responses. Respondents were also notified of public meetings scheduled to discuss the revised criteria with the review committee members and publish the final overall rankings resulting from the reevaluation process. Consultants were evaluated in three (3) disciplines: General Civil, Environmental and Traffic/Traffic Calming. The results of the final rankings are illustrated on the attached spreadsheet. With reference to the yellow highlighted rows; of the top six ranked firms under General Civil, three were ranked as the top three in environmental, and two were ranked in the top three in Traffic/Traffic Calming. On the basis of the variety of disciplines and services required by the City's Capital Improvement Program and the amount of work available for consultant activity, we are recommending that contracts be awarded to firms ranking one through six in General Civil and one in Traffic/Traffic Calming consisting of the following listed firms: Mathews Consulting, Inc. Hazen & Sawyer, P.C. CH2M Hill Lawson, Noble & Webb, Inc. Kimley-Hom, Inc. Keith & Schnars, P.A. McMahon & Associates Please place this item on the agenda for the March 11, 2004 Regular meeting for consideration by Commission. Cc: Randal Krejcarek, P.E., City Engineer To: Respondents to City of Delray Beach RFQ #2004-04 General Engineering Consulting Services At their January 13, 2004 Regular meeting, the City Commission of the City of Delray Beach adopted revised criteria for evaluation and ranking of professional consultants responding to Requests for Qualifications (RFQ) under the Consultant Competitive Negotiation Act (CCNA). The revised rating criteria and associated weightings are attached to this notification for your edification. In order to maintain equity in the evaluation process, the City is providing you, as a respondent to RFQ #2004-04, with an opportunity to submit supplemental materials addressing the revised evaluation criteria at your discretion. You may provide a complete new submittal, additional materials to be incorporated into your current submittal or nothing additional at all. Supplemental materials will be accepted until 2:00 P.M. Thursday~ February, 12~ 2004 at the office of the Finance Director, 100 NW 1st Avenue, Delray Beach, Florida, 33444. A public meeting of the City's Selection Committee will be convened at 3:00 P.M. Thursday~ January 29~ 2004, in the City Hall First Floor Conference Room, 100 N.W 1st Avenue, Delray Beach, Florida to review the revised evaluation criteria with Selection Committee members. A final public meeting of the Selection Committee will be convened at 3:00 P.M, Thursday~ February 26~ 2004, in the City Hall First Floor Conference Room, 100 N.W 1st Avenue, Delray Beach, Florida to compile the committee's evaluations and establish overall rankings of respondent finns. If you have any questions concerning this notification or the City's evaluation procedures, please submit your questions in writing to Mr. Randal L. Krejcarek, P.E., City Engineer, City of Delray Beach, FL 33444. Fax number 561-243-7314. CONSULTANT EVALUATION CRITERIA PERSONNEL EXPERTISE AND QUALIFICATIONS (1-40 points or 40%) Demonstration of proposed project team: Professional qualifications to perform work in applicable discipline(s) · Knowledge of technical criteria and administrative requirements for projects of similar scope. · Past performanco level in completing projects of similar size and scope. FIRM EXPERIENCE (1-30 points or 30%) Demonstration of Firm: · Qualifications to perform work in applicable disciplines. · Past performance level in completing projects of similar size and scope. GOVERNMENTAL EXPERIENCE (1-10 points or 10%) Demonstration of past experience in providing consulting services to governmental agencies by both thc Firm and the project team. AVAILABILITY AND COMMITMENT OF RESOURCES (1 to 20 points or 20%) Demonstration of the Firm's ability to commit thc technical and administrative resources required to complete projects within established time frames, including responsiveness to specific project technical and administrative requirements. The Selection Committee will evaluate respondents using the above criteria. Individual Raters' evaluations will reflect total point scores and rankings based on those scores. Overall rankings will be determined on the basis of the cumulative ranking from evaluation sheets completed by the Selection Committee. Ties will be resolved on the basis of the of the total point scores of the evaluation sheets. Agenda Item No. ~ AGENDA REQUEST Request to be placed on: X Regular Agenda _ Special Agenda _ Workshop Agenda Date: March 2, 2004 When:March 11, 2004 Description of item (who, what, where, how much): Staff requests Commission approval of contract awards for continuin.q en.qineednq consultinq services in the areas of General Civil, Environmental, and Traffic/Traffic Calming to the Firms of Mathews Consultin.q, Inc., Hazen & Sawyer, P.C., CH2M Hill, Lawson, Noble & Webb, Inc., Kimley-Hom, Inc., Keith & Schnars, P.A., and McMahon & Associates. Project specific Service Authorizations will be recommended as needed to accommodate the timely administration of the City's Capital Improvement Plan. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT A'I-]'ACHED YES/NO Recommendation: Staff recommends award of contracts to the listed firms for provision of consu t n.q en.qineerin.q services.~ ,~,~)~__~ <~_~3 Department head signature: -_.- ~'Z'~'°z~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives: Account No. & Description: Account Balance; City Manager Review: ApprovedHold Until:f°r agenda: ~/NO ~.~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved .(if applicable) [ITY OF i]ELRrlY BE;I[H RECEIVED FEB 5 - 200 CITY MANAGER CITY ATTORNEY'S OFFICE 200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH 1993 200'[ TO: MEMORANDUM February 3, 2004 David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Request for Permit-"Waiter Service" for the Delray Beach Municipal Beach I have reviewed the letter dated January 28, 2004 and received by our office on February 2, 2004 regarding the request for a permit to allow '~JVaiter Services" on the municipal beach offering food and beverages from existing businesses to anyone on the beach. The letter asked for an exclusive permit. City Ordinance 101.25 requires the person seeking a permit to apply to the City Commission through the City Manager for the execution of a non-exclusive license contract. The awarding of the license is subject to five criteria listed in the ordinance (see attached ordinance). The City's Comprehensive Plan, Coastal Management Element, Policy B-3.2 (Page 21), however, states, "The high quality of the municipal beach shall be retained through current use restriction programs. The beach concession, under contract with the City, may be allowed to provide certain limited recreational amenities for beach visitors. The services provided are limited to the rental of chairs, umbrellas, cabanas, and boogie boards. All other concessions shall be prohibited. Cooking on the beach shall be prohibited and litter law enforcement shall be strictly enforced, except for publicly endorsed events". If the "waiter service" is considered a "use or a concession, then it is prohibited under the City's Comprehensive Plan at the current time. if the service is not considered a "use or a concession" but a service, it is not prohibited by the David Harden, City Manager February 3, 2004 Page 2 comprehensive plan and a non-exclusive license agreement may be entered into if approved by the City. Please contact me if you have any questions. Ccc: Paul Dorling, Planning and Zoning Director Joe Weldon, Parks and Recreation Director ~ The City shall perform the necessary studies to pursue development of FIND pamel MSA 650 either as 1) an entirely passive park with picnic areas and a nature trail, with additional boat ramps at Knowles Park; or 2) a partially active park with boat ramp and parking facilities in addition to preservation areas. The completed studies should be brought to the City Commission for a decision on the final plan in time for inclusion in the FY 98/99 budget. P_.QIiY, SLI~c.t~ The City shall request that the County study the feasibility of establishing a deep water artificial fishing reef in the Delray Beach area in conjunction with its artificial reef program. The value of historic preservation to economic development is recognized and shall be a component of economic development programs throughout the City. With respect to the Coastal Planning Area, this relationship shall be achieved through the following policies: P_.~lgX_l~.~,~The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the specific implementation program. ~ Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. The City shall protect the beach as an economic resource by continuing to provide a valuable amenity for beach users, including reasonable support facilities, without jeopardizing the essentially passive character of the beach and its value as a natural resource. This objective shall be achieved through activities as expressed in the following policies. ~ Municipal funds shall continue to be allocated in each year's budget for enhancement of the streetscape. Priority shall be on plantings along Ocean Boulevard (SR A-l-A). Enhancements shall include the planting of indigenous plants and the provision of street furniture particularly at beach access points and areas of congregation. ~ The high quality of the Municipal Beach shall be retained through current use restriction programs. The beach concession, under contract with the City, may be allowed to provide certain limited recreational amenities for beach visitors. The services provided are limited to the rental of chairs, umbrellas, cabanas, and boogie boards. All other concessions shall be prohibited. Cooking on the beach shall be CM - 21 prohibited and litter law enforcement shall be strictly enforced except for publicly endorsed events. ) DEVELOPMENT AND REDEVELOPMENT IN THE COASTAL PLANNING AREA SHALL BE COMPATIBLE WITH THE EXISTING CHARACTER OF THE AREA, AND SHALL PROVIDE FOR A SENSITIVE BALANCING OF THE NEEDS FOR ECONOMIC DEVELOPMENT, REDEVELOPMENT, AND ENVIRONMENTAL PROTECTION. Objective C-1 The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Planning Area. The Marina Historic District shall continue to be redeveloped with a sympathetic blending of the demands of economic development and historic preservation. Comment: The City of Delray Beach has regulations, a formal Historic Preservation Board (established by ordinance) which has regulatory powers, an inventory of historic structures, and several formally adopted "historic districts" already established. These existing conditions meet the intent of 9J-5.012(3)(b)(10). Policy C-1.1 The northern portion of the Marina District nearest Atlantic Avenue shall be developed with the active participation of both the Historic Preservation Board and the Community Redevelopment Agency. ~ The middle and southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi-family structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district. The Level of Service to be provided for land within the Coastal Planning Area shall be the same as elsewhere in the City with respect to traffic circulation, recreation and open space, solid waste, water supply, drainage, and sewage capacity. Ob_iective C-3 The development of vacant and under-developed land On the barrier island shall occur in a manner which does not change the character, intensity of use, or demand upon existing infrastructure in the Coastal Planning Area, as dictated in the following policies: CM - 22 NextPage LivePublish Page 1 of 1 Sec. '101.25. COMMERCIAL ENTERPRISES; SALE OR RENTAL OF GOODS OR SERVICES. (A) No person shall sell or offer for sale any article, thing, privilege or service within any park, recreation or municipal beach site without a permit from the Parks and Recreation Department, and no person shall do any begging, hawking, peddling or soliciting therein. (B) No person shall engage in any sale, exchange, barter, rental, lease or other transfer of goods, property or services whether tangible or intangible, on the municipal beach or on the area west of the municipal beach between the easternmost edge of the east curb of State Road A1A (Ocean Boulevard} and the west right-of-way line of State Road A1A (Ocean Boulevard), except pursuant to a nonexclusive license contract, as provided therein. (C) Any person desiring to engage in activity prohibited herein shall apply to the City Commission through the City Manager for the execution of a nonexclusive license contract. (D) In determining whether it shall grant a license contract, and the terms and conditions thereof, the Commission shall consider, but shall not be limited to, the following criteria: (1) Whether the proposed activity is consistent with the operation of the municipal beach as being noncommercial, recreational and relaxing. (2) Whether the activity is commonly associated with relaxing, noncommercial, recreational marine beaches. (3) The effect on the health, safety and general weifara of the bathers, swimmers and individuals using the beach. (4) The general public's demand for the proposed activity. (5) The extent to which the proposed activity would disrupt or interfere with the general activities on the beach. The Commission shall place restrictions on the activity as it deems appropriate. (E) The Commission shall not permit, and nothing herein shall be construed to allow, the activity proscribed or prescribed herein to be conducted on any portion of the State Road A1A (Ocean Boulevard) right-of-way maintained by the State or its designees. (Code 1980, § 17-22; Ord. No. 54-83, passed 8/9/83) Cross references: Penalty, § 101.99. http://~ivepub~ish~munic~de~c~m/25/~pext~d~~/~nf~base ~ ~~/~/~2e6/ ~ a76/~ a7c/~ aaf?f=temp~at~~~ 2/3/2004 JOE WELDON: Please draft a response for Mr. Harden's signature. Tks, Gerri 2/2/04 Beach Waiters SUSAN RUBY: Mr. Harden would Of like your comments on this. De~ayBeach Thanks, Gerri 2/~/04 Beachw~ter~aol.com 561.330.6796 RECEIVED o' M 28200 CITYMANAGER To: David T. Harden City Manager of Delray Beach From: Christian J. DietzYWilliam M. Dietz 95 N.E. 4th. Ave., #5 Delray Beach, FL 33483 561.330.6796 Re: Request for Permit Date: January 28, 2004 Dear Mr. David T. Harden, I would like to provide a service to the Delray Beaches. It is to my knowledge that there are no permits issued east of A1A (the Beach), to operate any type of business. I would like to introduce myself, my name is Christian Dietz. I own and operate Long Caye Island Resort in Belize, Central America for the past two years now. I was born in N.J. and grew up in Westchester County, N.Y. I started my own company in Belize and now we are on to building our second resort called "Parula Village" late August, 2004. I fell in love with Delray Beach two years ago and decided to live here full time. I believe Delray Beach is a remarkable town. I also believe with tourism growing and more upscale residents moving in that my service would be very well accepted in the community. The "Service" I would like to provide is a waiter service for the Delray Beaches. We would offer food and beverages from existing businesses to anyone on the beach. The service would consist of a small fee of $2.00. I would ask that an exclusive permit be issued to provide this service in the best manor. Longevity would be a key in the success of this type of service for such a small price. The benefits of using existing businesses to provide the goods we propose to offer will increase them revenue3 add exposure to that company and bring more attraction to Delray Beach as an upscale place (like the beach chairs do). This in turn will bring more taxes to Delray, help small businesses such as "Sandwiches by the Sea" get through the slower season and add another sparkle to Delray Beach as a great City to visit or live in. RECEIVED FEB 0 2 CITY ATTORNEY The Uniforms will be simple and classy at the same time. The uniforms will consist of a comfortable kaki short, white collared short sleeve shirt and all terrain sandals. On the collard shirt will be the words "Beach Waiter". The number of waiters has not been determined as of yet due to the permit and operation adjustments if and when we are able to start up. We have found that a lot of people would like this service here in Delray. As a resort owner I implemented this idea in Belize and found great success with it. We think it could be a successful small business, offer a few more jobs and again add another spark to Delray Beach. Thank you for your time and please contact us regarding the approval or denial of this proposal. We hope you can assist us with an approval because we believe it's what the people of Delray would want and what the tourists of Delray deserve. As business owners we also plan to donate 5% of all profit to breast cancer and another 5% to random organizations to promote and help business here in Delray. We love this City... Sincerely, Christian J.~etz 4Villiam M. Dietz Sr. ..~ 2 "[IT¥ OF DELRI:I¥ BEI:I[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 1993 DATE: March 5, 2004 MEMORANDUM TO: FROM: David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Agreement with the USTA The attached Agreement provides for a Davis Cup Tie match to take place on April 9-11, 2004 at the Tennis Center. The major points of the Agreement are as follows: The City shall pay $75,000.00 upon execution of the Agreement and another $75,000.00 on or before April 1, 2004. This Agreement is contingent upon the USTA entering into an Agreement with the Marriott, regarding hotel rooms, prior to or simultaneous with the execution of this Agreement. The City will receive no rental fee, however, the City may sell 3 local sponsorships. The USTA will be entitled to 50% of the proceeds of the sales of the sponsorships for the 1sI $100,000.00, thereafter the City retains 100% of the proceeds. The City must provide 150 ViP parking spaces. The terms of this Agreement shall not conflict with the existing agreements the City has between Ticketmaster and Coke. By copy of this memo to David Harden, our office requests that this item be placed on the March 11, 2004 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Robert Barcinski, Asst. City Manager Becky O'Conner, Treasurer HOST FACILITY AGREEMENT THIS HOST FACILITY AGREEMENT ("Agreement") is made and entered into effective as of February 23, 2004, by and between the UNITED STATES TENNIS ASSOCIATION INCORPORATED, 70 West Red Oak Lane, White Plains, New York 10604-3602, a New York not-for-profit corporation, ("USTA") and the CITY OF DELRAY BEACH, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 ("City"). WITNESSETH: WHEREAS, the Davis Cup Competition ("Davis Cup") is owned and supervised by the International Tennis Federation ("ITF") and is staged and conducted pursuant to the Davis Cup Rules and Regulations ("Davis Cup Rules") promulgated by the ITF; and WHEREAS, the USTA administers and sponsors the United States Davis Cup Team ("US Team") which is scheduled to play the Swedish Davis Cup Team ("Swedish Team") in an upcoming quarter-final round Davis Cup Tie on April 9-11, 2004 in the United States ("Davis Cup Tie"); and WHEREAS, the USTA has been authorized by the ITF to promote and stage the Davis Cup Tie in the United States; and WHEREAS, the USTA has been authorized by the ITF to select and sanction the host facility for the Davis Cup Tie; and WHEREAS, the City has applied to the USTA to host the Davis Cup Tie at the Delray Beach Tennis Center ("Host Facility"); and WHEREAS, the parties have agreed that the Delray Beach Tennis Center shall be the official Host Facility for the Davis Cup Tie. NOW THEREFORE, in consideration of their mutual promises, the USTA and the City agree as follows: 1. SANCTION. The USTA hereby selects the Host Facility as the host site for the Davis Cup Tie and awards the sanction to host the Davis Cup Tie to the City, and the City accepts such sanction and agrees to host the Davis Cup Tie and assist the USTA in the promotion and staging thereof in accordance with the provisions of this Agreement. It is understood and agreed that the USTA shall have control over all aspects of the Davis Cup Tie in accordance with the Davis Cup Rules. At all times during the term of this Agreement the promotional and management rights for the Davis Cup Tie shall remain with the USTA. Notwithstanding anything to the contrary contained in this Agreement, nothing herein contained shall be construed as requiring USTA approval over any of the 394363.doe 0~5/04 V.? business and/or personnel operations of the City or any actions necessary to be undertaken by the City to comply with any applicable laws, regulations, fire codes or any other legal requirements applicable to the operation of the Host Facility. 2. ITF. The USTA and City agree the Davis Cup Tie shall be promoted and staged in full compliance with the Davis Cup Rules. In this connection, the ITF has the fight to review and approve all signage and all local sponsorships to be sold by the USTA and/or the City for the Davis Cup Tie as provided in this Agreement. 3. PLAYERS. The players on the US Team will be selected and provided by the USTA for the Davis Cup Tie. The players on the Swedish Team will be selected and provided by the Swedish Tennis Federation for the Davis Cup Tie. The parties understand and agree that neither the USTA nor the ITF guarantees any specific United States or Swedish players for the Davis Cup Tie. 4. EXCLUSIVITY. It is understood and agreed that no commercial use may be made of the players, coaches or teams competing in the Davis Cup Tie, the ITF, or any logo or identification thereof, without the prior written consent of the USTA. 5. COMPETITION. The Davis Cup Tie will consist of the following United States vs. Sweden tennis matches: Friday, April 9, 2004 Saturday, April 10, 2004 Sunday, April 11, 2004 Two (2) Men's Singles Matches One (1) Men's Doubles Match Two (2) Men's Singles Matches The competition will be staged in accordance with the Davis Cup Rules. 6. USTA ROLE AND OBLIGATIONS. The USTA will act as the promoter and organizer of the Davis Cup Tie. This includes ultimate and full responsibility to the ITF, the owner/operator of Davis Cup. (a) Times. The USTA will set the starting times for the matches. Co) Tennis Court. The City agrees to provide the stadium and stadium court for the staging of the matches of the Davis Cup Tie. In addition, the City agrees to provide two (2) separated practice courts for the US Team and the Swedish Team. The USTA shall be responsible, at is sole expense, for all necessary tennis match equipment for the Davis Cup Tie for such stadium tennis court, including, without limitation, the umpire's chair and the linesperson's boxes, etc. If the USTA determines that the stadium tennis court needs resurfacing for the Davis Cup Tie, then the City agrees to provide professional resurfacing as approved by the USTA at the City's sole expense. (c) Tennis Balls. The USTA will select and provide the tennis balls to be used. 394363.doc 03/0~/04 V. 7 2 (d) Officials, etc. The USTA will select, supervise and compensate the referee, chair umpires, linespersons and ballpersons. (e) Event Staff. The USTA agrees to provide all ticketing personnel, ticket takers, ushers, stadium security personnel and medical staff for the Davis Cup Tie. (f) Program. The USTA will obtain an Official Program ("Program") for the Davis Cup Tie. Local advertising may be sold by the USTA pursuant to an agreement with the ITF and in accordance with the Davis Cup Rules. (g) Final Authority. The USTA will have the final authority over all matters applicable to the staging of the Davis Cup Tie. (h) Selection of US Team, etc. The USTA will select the US Team captain, players, practice players, coaches and the USTA support staff. (i) Compensation of US Team, etc. The USTA will determine and be responsible for all professional fees and travel expenses paid to the US Team captain, players, practice players, coaches and the USTA support staff. (j) Television, Radio, Interact, etc. The USTA will be responsible for negotiating and obtaining all television, radio, Intemet and any other media coverage, if any, of the Davis Cup Tie. (k) Media Relations and Public Relations. The USTA will be responsible for handling all media relations and public relations activities related to the Davis Cup Tie. (1) Long Distance. The USTA will be responsible for the installation of all long distance telephone lines needed for the Davis Cup Tie for the offices and media spaces furnished by the City. The USTA shall be entitled to order the same through the City's account and the USTA agrees to reimburse the City for all costs and expenses incurred. (m) Meals. The USTA will be responsible for the cost of providing all meal service for the players and for all officials, USTA media staff and USTA support staff working on the Davis Cup Tie. (n) Signage. (i) Responsibility of the USTA. The USTA shall be solely responsible for all temporary signage placed in the Host Facility for the Davis Cup Tie in accordance with the Davis Cup Rules. All such signage shall be installed and removed by the USTA at the USTA's expense. ~9436~.doc 0~04 V.? (ii) Standards and Plan. All such signage shall be professionally made and shall comply with the standards of similar sporting events and shall comply with all applicable laws and regulations. The USTA agrees to provide the City with a plan for the type and display of all temporary signage, including the agreed upon signage for any local sponsors obtained by the City for the Davis Cup Tie on or before April 1, 2004. (iii) No Signs. It is understood and agreed that there shall be no other sponsorship signs in the Host Facility other than those approved by the USTA and/or the ITF. (o) Announcer. The USTA agrees to provide and pay for the public address announcer for the Davis Cup Tie. 7. FEE. In consideration of its selection and sanction as the Host Facility, and the full performance of the USTA's obligations hereunder, the City, in addition to the in-kind goods and services to be provided to the USTA hereunder, agrees to pay the USTA a fee of One Hundred Fffiy Thousand Dollars ($150,000), payable as following: $75,000 on or before March 12, 2004; and $75,000 on or before April 1, 2004. 8. TELEVISION AND RADIO. The USTA represents and warrants that it will arrange for the telecast of the Davis Cup Tie It is understood and agreed that the USTA and/or the ITF will be entitled to all revenues derived fi.om any television and/or radio broadcasts of the Davis Cup Tie and/or any other exhibition of the same on the Interact and/or any other media. 9. CITY BENEFITS. The USTA agrees to provide the City the following benefits as the Host Facility for the Davis Cup Tie: (a) Promotion as Host Facility. The City shall be entitled to promote its association as Host Facility for the Davis Cup Tie in all media. (b) Program. One (1) full-page color advertisement in the Program for the Davis Cup Tie with camera ready copy to be furnished by the City in advance of the printing deadline specified by the USTA. (c) Print Advertising. The City's name will be incorporated into all Davis Cup Tie print advertising and printed promotional materials generated by the USTA to promote the Davis Cup Tie. This does not include the USTA website or any Interact advertising or promotion. 394363.doc 03/0~/0,1 V. 7 4 (d) Telecast Amenities. Subject to compliance by the City with the requirements, standards and practices of ESPN, the USTA agrees to arrange for ESPN, Inc., to provide up to five (5) thirty second (:30) advertising spots on each ESPN or ESPN2 telecast of the Davis Cup Tie for use by the City or by any local sponsor found by the City as authorized in this Agreement. 10. CITY RESPONSIBILITIES. The City agrees to use its good faith best efforts to assure that the Davis Cup Tie is promoted and staged in a first-class manner consistent with the international prestige of the Davis Cup. In connection therewith, the City agrees to provide the following to the USTA: (a) Host Facility. City agrees to provide the Host Facility for the promotion and staging of the Davis Cup Tie. The Host Facility shall include the Delray Beach Tennis Center, Community Center, Tennis Pro Shop, Ticket Office and Restrooms. The City agrees to provide the USTA with the use of the Host Facility as mutually agreed during the period commencing on April 1, 2004, at 12:01 AM until Tuesday, April 13, 2004, at 5:00 PM for the Davis Cup Tie in accordance with an agreed upon schedule. The parties will mutually agree upon the actual daily schedule of use of the Host Facility during such period. On or before March 15, 2004, the USTA will provide the City with a proposed schedule for the use of the Host Facility, which will include the proposed times for: set-up and move-in, practice schedules for the players, times for each daily session and break-down and move-out. The City agrees to provide approximately 4,000 to 8,000, first class seats, with the actual number being determined by the USTA, in the Host Facility for the Davis Cup Tie. At the USTA's request, the City agrees to furnish and install all seat covers already owned by the City and required by the USTA for the purpose of covering any unsold seats within the stadium. (i) Retail Area. The City agrees that its on-site merchandise operations at the Host Facility will be closed during the times specified by the USTA on the days of the Davis Cup Tie matches. (ii) City Tennis Court Operation. The City shall be entitled to operate its tennis court operation at the Host Facility during the USTA's use period, except for the days of the matches in the Davis Cup Tie, provided that the City partitions it tennis court operation area from the actual areas being used by the USTA in a manner reasonably approved by the USTA. (b) Hotel. Pr/or to or simultaneously with the execution of this Agreement, the USTA has or is entering into a direct contract with the Delray Beach Marriott Hotel (or its management entity) with respect to hotel rooms for the Davis Cup Tie upon terms satisfactory to the USTA. This Agreement is conditioned on the execution of that contract. (c) Staffing. The City agrees to provide all tennis court maintenance personnel, parking personnel, police personnel, fire personnel and equipment, and such 5 394363.doc 03/0fl/04 V. 7 other members of the current staff of the Host Facility as may be mutually agreed. In addition, the City shall provide an electrician, plumber, painter and a carpenter for one (1) week to work on mutually agreeable jobs with respect to the facilities for the Davis Cup Tie upon a mutually agreed schedule. (d) Utilities. The City agrees to furnish all light, electx/city, heat, ventilation, air conditioning and other utilities deemed reasonably necessary at the Host Facility for the Davis Cup Tie at its sole expense. The lighting provided on the stadium court shall equal or exceed the reasonable television production requirements of ESPN and shall be at least one hundred and fifty (150) foot candles, average, derived from readings across the actual playing surface and the surrounding surface area of the stadium court. Such utilities shall include, without limitation, all electricity for the telecast of the Davis Cup Tie by ESPN/ESPN2. (e) Forklift. The City agrees to provide the USTA with the use of a forklift for the installation and removal of equipment for the Davis Cup Tie for a mutually agreeable period between February 20 and April 12, 2004. (f) Blowers. The City agrees to provide a sufficient number of blowers to assist in the drying of the tennis courts in the event of a weather related delay. (g) Permits. The City shall be responsible for obtaining all required municipal licenses and permits for the staging of the Davis Cup Tie at the City's expense. (la) USTA Section. The City agrees to cooperate and work in conjunction with the USTA Sectional Association, USTA Florida, in organizing a volunteer group to assist in the staging of the Davis Cup Tie. (i) Barter. The City agrees to assist the USTA in its efforts to barter print, television and radio advertising un/ts from the local/regional newspapers, television stations and radio stations for the promotion of the Davis Cup Tie. (j) Press Conference. The City agrees to assist the USTA in its efforts to secure an acceptable venue, at no cost to the USTA, for the purpose of hosting a press conference to announce the Davis Cup Tie. (k) Draw. The City agrees to assist the USTA in its efforts to secure an acceptable venue for Thursday, April 8, 2004, at no cost to the USTA, for the purpose of hosting the Draw Ceremony for the Davis Cup Tie. (1) Official Dinner. The City agrees to assist the USTA in its efforts to secure either the Delray Beach Marriott Hotel or the Delray Beach Golf Club as the venue for the official dinner for the Davis Cup Tie at no cost to the USTA for room/venue rental. The USTA shall also have the right to select another location for the official dinner at its discretion. In any event, the USTA shall be responsible to pay for all food and beverage 6 394363.doe 03/05/04 V.? costs incurred with respect to such official dinner. (m) City Data Bases. The City agrees to provide the USTA with access to its existing mall and email data bases for use by the USTA in promoting and selling tickets for the Davis Cup Tie. 11. RENT. There shall be no rent charged to the USTA for the USTA's use of the Host Facility. 12. PARKING. The City shall be responsible for all costs and expenses relating to parking for the Davis Cup Tie and shall be entitled to all income received therefrom. The City shall provide the USTA with a minimum of one hundred and fifty (150) complimentary VIP parking spaces in the closest proximity to the Host Facility as possible on Friday, Saturday and Sunday, April 9-11, 2004. 13. SPONSORSHIPS. The City shall be entitled to sell up to three (3) local sponsorships for the Davis Cup Tie as provided in the Davis Cup Rules. The City shall be responsible for all costs and expenses relating to such local sponsorships. The USTA agrees to assist the City in such sponsorship sales by attending sales meeting and providing background information on the Davis Cup Tie as may be reasonably required. The City shall be entitled to all income received from such sponsorships, except the City agrees to pay to the USTA, within ten (10) days after receipt by the City, fifty percent (50%) of all net sponsorship income received up to a total of Fifty Thousand Dollars ($50,000) from all sponsorship, except sponsorships furnished by or through Palm Beach County; thereafter the City shall be entitled to retain all net sponsorship income received (after the 1st $100,000). All terms and conditions of such sponsorships shall be subject to the prior approval of the USTA. "Net sponsorship income" shall be defined as gross sponsorship income less any sales commissions required. In accordance with the Davis Cup Rules, the City shall be entitled to offer to local sponsors, the following: (a) Advertising and Promotion. Each local sponsor will have the fight to promote and advertise its association with the Davis Cup Tie, i.e., "Davis Cup by BNP Paribas, United States vs. Sweden, supported by [local sponsor]." All such advertising and promotion must have the prior approval of the USTA. (b) Name and Logo. Each local sponsor's name or logo can be included in all local advertising placed to promote the Davis Cup Tie. (c) Banners. Each local sponsor will have the right to display sponsor name or banners (3' x 9') within the confines of the stadium court, but not courtside. The ITF Rules allow a maximum of three (3) local sponsor banners. If one (1) local sponsor is secured it may have three (3) banners, whereas if three (3) local sponsors are secured, each could receive one (1) banner. One (1) of the three (3) banners may be located 394363.doc 03/0~/04 V. 7 opposite an on-court television camera. (d) Display Booth. Each local sponsor may erect a display booth in the concourse or designated display area of the Host Facility. (e) Program. Each local sponsor can receive a full page, four color advertisement in the Program. Each such local sponsor must supply camera ready artwork in advance of the deadline. (f) Tickets. Each local sponsor will receive an agreed upon number of tickets to the Davis Cup Tie in a prime location. (g) Hospitality. Each local sponsor will received use of an area for client entertainment/hospitality. The cost of food and beverage and other expenses, e.g., decorations, etc., will be paid by such sponsor(s). (h) Television Spots. The City may allocate one (1) or more of the five (5) advertising spots in each ESPN/ESPN2 telecast to its local sponsors. 14. TICKETS. The USTA shall be responsible for all costs and expenses relating to the sale of tickets for the Davis Cup Tie and shall be entitled to all income received therefrom. The USTA agrees to comply with the existing agreement between the City and TicketMaster with respect to the sale of tickets on-site at the Host Facility. 15. DAVIS CUP MERCHANDISE. The USTA shall be entitled to sell special Davis Cup Merchandise ("Davis Cup Merchandise") at the Host Facility prior to and during the Davis Cup Tie. The USTA shall be responsible for all costs and expenses relating to the sale of Davis Cup Merchandise and shall be entitled to all income received therefrom. 16. FOOD AND BEVERAGE. The USTA shall be entitled to designate a third party to handle all of the food and beverage sales for the Davis Cup Tic. The USTA shall be responsible for costs and expenses related to the food and beverage sales for the Davis Cup Tie and shall bc entitled to all income received therefrom. It is understood and agreed that there is an existing exclusive pouring rights agreement between the City and Coca Cola and nothing is this Agreement will conflict with the provisions of such pouring rights agreement. 17. INSURANCE. The parties agree as follows with respect to the insurance for the Davis Cup Tie: (a) USTA Insurance. The USTA shall, within ten (10) days after the execution of this Agreement, provide to the City evidence of insurance coverage naming the City as an additional insured with respect to general liability and property damage liability, issued by an insurance carrier authorized to do business in the State of Florida, 394~3.doc 03/0~/04 V. 7 8 which insurance shall not be subject to cancellation or material modification without thirty (30) days notice to City. Such insurance coverage shall include (i) worker's compensation for all USTA employees, (ii) employer's liability for all USTA employees, (iii) commercial general liability providing coverage against liability for bodily injuries, including death, slander, libel and property damage in the minimum amount of $5,000,000 per occurrence, and (iv) automobile liability covering all owned, leased, used, courtesy or hired vehicles in the amount of $1,000,000 per accident, and shall be primary for all purposes without the right of contribution. (b) City Insurance. The City shall, within ten (10) days after the execution of this Agreement, provide to the USTA evidence of insurance coverage for the City and the Host Facility as reasonably required by USTA, naming the USTA and the ITF as additional insureds, with respect to general liability and property damage liability, issued by insurance carders authorized to do business in the State of Florida, which insurance shall not be subject to cancellation or material modification without thirty (30) days notice to the USTA. Such insurance coverage shall include (i) worker's compensation for all Host Facility employees, (ii) employer's liability for all Host Facility employees, (iii) commercial general liability providing coverage against liability for bodily injuries, includ'mg death, slander, libel and property damage in the minimum amount of $5,000,000 per occurrence, and (iv) automobile liability covering all owned, leased, used, courtesy or hired vehicles in the amount of $1,000,000 per accident, and shall be primary for all purposes without the fight of contribution. 18. LIMITATION OF LIABILITY. Except as specifically provided in this Agreement, in no event shall either party be liable to the other for any special, incidental, consequential or punitive damages that may be suffered by the other with respect to the subject matter of this Agreement. Such damages include, but are not limited to, compensation, reimbursement or damages on account of present or prospective profits, loss or damage to reputation or goodwill, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill, or for any other reason whatsoever, including, but not limited to, the claims of any third party. The parties acknowledge that any limitation of liability will in no way affect either party's right to seek appropriate relief at law arising fi.om or incident to any death, personal injury or property damage which is in any way connected to the other's negligence, willful misconduct or strict liability in tort with respect to the subject matter of this Agreement. 19. INDEMNITIES. The parties agree as follows with respect to the indemnities for the Davis Cup Tie: (a) Indemnity by the USTA. The USTA agrees to indemnify the City, and its affiliates, and their agents, directors, officers, servants and employees and representatives or insurers against all liability (statutory or othenvise), claims, suits, demands, damages, losses, judgments, costs, fines, penalties, interest and expenses, including without limitation, reasonable attomeys' fees and disbursements, resulting from any negligent acts, 9 394363.doc 03/0S~4 V. 7 errors and omissions or willful conduct of the USTA or its principals, officers, agents, contractors, servants and employees in connection with its performance of any obligation of the USTA under this Agreement or any material breach by the USTA of any of the terms of this Agreement. (b) Indemnity by City. To the extent permitted by Florida law, the City agrees to indemnify the USTA and the ITF and their respective agents, directors, officers, servants and employees and representatives or insurers against all liability (statutory or othenvise), claims, suits, demands, damages, losses, judgments, costs, fines, penalties, interest and expenses, including without limitation, reasonable attorneys' fees and disbursements, resulting fi.om any negligent acts, errors and omissions or willful conduct of the City or its principals, officers, agents, contractors, servants and employees in connection with its performance of any obligation of the City under this Agreement or any material breach by the City of any of the terms of this Agreement. Nothing herein contained shall be deemed a waiver of the City's sovereign immunity. (c) Notice by Indemnified Party. The indemnified party shall give notice promptly in writing of any suit or claim to the other party and the indemnified party and its agents, directors, officers, servants and employees shall cooperate fully with the indemnifying party and its counsel. The indemnifying party shall, at its own cost and expense, pay or cause to be paid all charges of attorneys and all costs and other expenses arising therefxom or incurred in connection therewith. Provided however, that the indemnified party retains the right, at its own expense, to deal with any action hereunder by employing its own counsel. Neither the indemnified party nor the indemnifying party shall settle any action without the consent of the other party, such consent shall not be unreasonably withheld or delayed. 20. WARRANTIES. The parties agree as follows with respect to warranties: (a) USTA Warranty. The USTA represents and warrants that it is a New York not-for-profit corporation, duly orgauized, validly existing and in good standing under the laws of the State of New York and shall remain so throughout the term of this Agreement, and the execution and delivery by the USTA of this Agreement, and performance by the USTA of the transactions contemplated hereby, are within the USTA's corporate powers, have been duly authorized by all necessary corporate action, and except as specified herein, do not require any consent or other action by or in respect of, or filing with, any third party or governmental body or agency, and do not contravene, violate or conflict with, or constitute a default under, any provision of applicable law or regulation or of the charter or by-laws of the USTA or of any agreement, judgment, injunction, order, decree or other instrument binding on the USTA. (b) City Warranty. The City represents and warrants that it is a municipal corporation, validly existing and in good standing under the laws of the State of Florida, and the execution and delivery by the City of this Agreement, and performance by the City of the transactions contemplated hereby, are within the City's powers, have been duly 10 394363.doc 03/05/04 V.? authorized by all necessary action, and except as specified herein, do not require any consent or other action by or in respect of, or filing with, any third party or governmental body or agency, and do not contravene, violate or conflict with, or constitute a default under, any provision of applicable law or regulation or of the charter or by-laws of the City or of any agreement, judgment, injunction, order, decree or other instrument binding on the City. 21. DEFAULT AND TERMINATION. In the event that: (a) Either party shall make an assignment for benefit of creditors, 0dmit in writing its inability to pay its debts as they come due, or commence a case for protection from the claims of ereditors under any chapter of the Federal Bankruptcy Code or any state statute, or Co) There shall be commenced against either party any proceeding under the Federal Bankruptcy Code or similar state statute and the same shall not be dismissed within thirty (30) days al~er the same be instituted, or (c) Either party shall fall, within ten (10) business days after notice from the other party, to provide any insurance required to be provided under this Agreement, or (d) Either party shall fail to make payment within ten (10) days at~er written notice of the failure to make any payment due under this Agreement, or (e) Either party otherwise fails or refuses to discharge any material obligation required to be discharged by it, other than as set forth in clauses (a) through (d) of this Section, within ten (10) days after notice from the non-defaulting party of such failure, or, if the same be of such a nature that the same cannot be cured within such ten (10) day period, the defaulting party shall not have commenced to cure the same within five (5) days after notice and therea~er proceeded continuously and with diligence to cure the same within a reasonable time under the circumstances, then the same shall constitute a default hereunder. In the event of the occurrence of any default, the non-defaulting party may at its election and for so long as such default continues uncured, declare by written notice to the defaulting party that an event of default exists hereunder and simultaneously terminate this Agreement, without prejudice to the non-defaulting party's rights to damages or any other remedy or relief, legal or equitable, provided under this Agreement or as a matter of law, subject to the limitation on liability herein set forth. 22. ASSIGNSiENT. Except as may otherwise be expressly provided herein, no assignment, subcontracting, sublicensing or subconcession of any fights of either party to this Agreement shall be effected without the prior written approval of the other party, which may be granted or withheld for any or no reason. 11 394363.doc 03/0~/04 V.? 23. FORCE MAJEURE. Neither party hereto shall be obligated to perform any of its respective obligations hereunder to the extent such performance is prevented by Fome Majeure. However, if the Davis Cup Tie is postponed or delayed for reasons of Fome Majeure, and if the USTA able to reschednle the Davis Cup Tie within three (3) months of the original dates, then all terms and conditions of the Agreement shall apply to the same on such rescheduled date. For the purposes of this Agreement, "Fome Majeure" shall mean an Act of God, fire, storm, flood or other casualty event, action or threat of terrorism, riot, invasion, fire, accident, strike, lock-out, or walk-out, or government interference, regulation, appropriation or rationing or inability to secure goods and materials or shipments or any other like event or condition similar to those enumerated above, beyond the reasonable control of the party obligated to perform hereunder, it being understood that lack of funds shall not constitute Force Majeure. 24. MISCELLANEOUS. The parties agree as follows with respect to miscellaneous provisions: (a) Applicable Law. This Agreement is governed by and enforceable in accordance with the laws of the State of Florida without giving effect to the principles of the conflicts of law for that State. (b) Headings or Captions. The headings or captions used in this Agreement are for convenience of reference only, and are not deemed or construed in any way as part of nor shall they in any way affect the context of this Agreement. (c) Meanings of Words. Whenever the context in which words are used herein indicates that such is the intent, words in the singular number shall include the plural and vice versa and words in the masculine gender shall include the feminine and neuter genders and vice versa. Reference to the USTA or the City shall, whether so specified or not, include all their respective agents, employees, contractors suppliers and subcontractors as the case may be. All references to "herein", "hereunder" and words of like import shall refer, unless the context clearly requires otherwise, to this Agreement, as distinct from the paragraph or Section within which such term is located. (d) Approval. Any provision of this Agreement providing for or requiring consent or approval by the USTA or the City shall mean the written approval from a duly authorized representative which shall be obtained prior to the taking (or refraining from taking) of any action with respect to which such approval or consent is specified herein to be required. The parties shall designate in writing from time to time the names of their various representatives who are authorized to provide the various levels of approvals required by this Agreement. Whenever either party is required to approve or reject a proposal of the other party, such approval or rejection shall be delivered as promptly as reasonable under the circumstances, except when a specific time is otherwise set forth in this Agreement. 394363.doc 03/05/04 V. 7 12 (e) Entire Agreement. This Agreement contains ail of the promises, agreements, conditions, inducements and understandings between the USTA and the City concerning the subject matter hereof and there are no promises, agreements, conditions, understandings, inducements, warranties or representations, written, express or implied, between them other than as expressly set forth herein and therein. (f) Counterparts. This Agreement may be executed in counterparts, any one of which need not contain the signatures of more than one party, but ail such counterparts taken together shail constitute one and the same Agreement. Facsimile signatures shail have the same effect as originai signatures. (g) Waiver, Modification, etc. No covenant, agreement, t~ms or condition of this Agreement shail be changed, modified, aitered, or terminated except by a whtten insmanent of change, modification, aitemtion, waiver or termination executed by both the USTA and the City. No waiver of any default shail affect this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent default hereof. No waiver of any default shall require or be the basis for any subsequent or future waiver of any default. (h) Partiai Invalidity. If any provision of this Agreement or the application thereof to any person or circumstance shall, to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenfomeable shall not be affected thereby and each provision of this Agreement shail be vaiid and enfomeable to the fullest extent permitted by law. (i) Remedies Cumulative. Each fight and remedy of the USTA and the City provided for in this Agreement shall be cumulative and shall be in addition to every other fight or remedy provided for in this Agreement, or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exemise by a party of any one or more of the rights or remedies provided for in this Agreement, or now or hereafter existing at law or in equity or by statute or otherwise, shall not preclude the simultaneous or later exercise by such party of any or ail other tights or remedies provided for in this Agreement or now or hereat'~er existing at law or in equity or statute or othemdse, subject to the Limitation of Liability hereinabove set forth. (j) Successors and Assigns. The agreements, terms, covenants and conditions herein shall be binding upon, and inure to the benefit of the USTA and the City and their respective successors and assigns in the event an assignment is agreed or permitted as herein above provided. (k) Independent Contractors. The relationship of the USTA and the City shall be that of independent contractors and neither shall be employee, agent or representative of the other and neither party nor any of their agents or employees 13 394363.doc 03/0S/04 V. 7 shall have the power or authority, to state or imply, directly or indirectly, that they are empowered or authorized to commit or bind, to incur any expenses on behalf of the other or to enter into any oral or written agreement in the name of or on behalf of the other or their respective affiliates. (1) Notices. Notices shall be effective only if in writing, given to or served upon the party sought to be notified in the manner set forth in this Section, to the individuals and at the addresses hereunder set forth unless changed in writing: For the USTA: Managing Director, Tournament Operations United States Tennis Association Incorporated 70 West Red Oak Lane White Plains, New York 10604-3402 Facsimile: (914) 696-7019 With a copy to: Chief Legal Officer United States Tennis Association Incorporated 70 West Red Oak Lane White Plains, New York 10604-3402 Facsimile: (914) 696-7089 For City: David T. Harden City Manager City of Delray Beach 100 N.W. 1st Avenue DekayBeach, Florida 33~.a.~. Facsimile: (561) 243-7199 Notices shall be effective only if personally delivered or mailed, United States mail, certified mail, return receipt requested; if personally delivered the notice shall be effective on the day delivered; if mailed, the notice shall be effective on the second day after mailing, or the day that delivery is refused. Delivery by an overnight express delivery service shall be deemed to constitute personal delivery on the date delivered to the office address set forth above for the recipient thereof. Notwithstanding the foregoing, any notice which, pursuant to this Agreement, requires action or cessation of conduct in less than three (3) days may be served by facsimile transmission, followed by delivery as otherwise herein provided, and shall be effective when receipt of the facsimile is confirmed. 394363.doc 03/0fl/04 V. 7 14 (m) Confidentiality. The parties agree that the terms and provisions contained in this Agreement are confidential and the financial terms and provisions hereof shall not be disclosed to any third party except (i) to the extent necessary to comply with law or valid order of a court of competent jurisdiction, in which event the party so complying shall so notify the other party as promptly as practicable (and, if possible, prior to making any disclosure) or (ii) as part of a party's normal reporting or review procedure to its Board of Directors, members, auditors, attorneys, taxing authorities and the ITF, and such persons or entities, as the case may be, agree to be bound by the provisions of this Section or (iii) in order to enforce and/or implement a party's rights pursuant to this Agreement or (iv) to the extent permitted or required by the Florida Public Records Law. (n) Surviving Provisions. Any provision of this Agreement the performance of which requires that it be in effect after the expiration of the Term or the earlier termination of this Agreement, shall survive such expiration and/or termination and shall remain operative and in full force and effect. (o) Further Assurances. Each party agrees, from time to time, at the request of the other party and without cost, charge or expense, to execute and deliver such other documents and take such other actions as may be reasonably requested to more effectively carry out the terms and provisions of this Agreement. (p) Construction. Both parties have been represented by counsel in the negotiation and drafting of this Agreement. This Agreement will not be construed against either party due to authorship. (q) Time of the Essence. Time is of the essence for performance of all obligations under this Agreement by both parties. 394363.doc 03/05/04 V. 7 15 IN WITNESS WItE~REOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers or representatives. UNITED STATES TENNIS ASSOCIATION INCORPORATED BY: DATE SIGNED: Jim Curley Managing Director, Tournament Operations CITY OF DELRAY BEACH BY: DATE SIGNED: Jeff Perlman Mayor Attest: City Clerk Approved: City Attorney 394363.doc 03/O5/O4 V. 7 16 Menlo CC: Oate: Re: City Commission David Harden, City Manager March 5, 2004 Golf Carts Using Public Highways In response to previous Commission direction the City Attorney's office has researched the legal issues regarding allowing golf carts on public highways and provided the attached report. This issue is on the agenda this evening as a work shop type item. Commission direction is requested as to how the Commission wishes to proceed with allowing or not allowing golf carts to legally use our streets. RECEIVED CITY OF DELRrI¥ BEACH CITY MANAGER CITY ATTORNEY'S OFFICE NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 t993 DATE: February 5, 2004 MEMORANDUM Writer's Direct Line: 561/243-7091 TO: FROM: City Commission David Harden, City Manager p,,~' ~ Brian Shutt, Assistant City Attorney SUBJECT: Golf Carts usin.q Pub c Hi.qhways Our office has received several inquires regarding the use of golf carts on public highways. Pursuant to Fla. Stat. 316.212 a municipality may authorize a golf cart to use a city street in accordance with the following: The street must be designated by the City for golf cart usage. The city must determine that golf carts may be safely operated on the street and then post the appropriate signs to allow such usage. The carts may only be operated between the hours of sunrise to sunset unless it is equipped with headlights, brake lights, turn signals and a windshield and allowed by the City. All carts must be equipped with efficient brakes, reliable steering, safe tires, a rear view mirror and red reflectorized warning devices on the front and rear at all times. A person who is 14 or older may operate the cart. A city may not require any greater requirements for the operation of the golf cart than what has been provided by Statute. The City could designate County roads, located in the City, for golf cart usage. Golf carts may only be used on State roads if the State's approval is obtained. Attorney General Opinion No. 2003-58, dated December 15, 2003, is attached hereto as it provides an explanation of the application of this Statute and further provides that municipalities may not place restrictions on golf carts, if we allow them to operate on certain streets, which are more restrictive than the provisions of the state statute mentioned above. Please call if you have any questions. CC: Susan A. Ruby, City Attorney Cathy Kozol, Police Legal Advisor Page 1 of 5 Fla. AGO 2003-58 (Cite as: 2003 WL 22977527 (FIa.A.G.)) P~el Office of the Attorney General State of Florida · 1 AGO 2003-58 December 15, 2003 RE: GOLF CARTS-MOTOR VEHICLES-~Y&NICIPALITIES-city may not impose more restrictive regulations for operation of golf carts, ss. 316.006, 316.008, 316.212, 322.04, Fla. Stat. Mr. C. David Coffey Cedar Key City Attorney Haile Village Center 5346 Southwest 91st Terrace Gainesville, Florida 32608 Dear Mr. Coffey: On behalf of the City of Cedar Key you ask substantially the following questions: 1. May the City of Cedar Key require that all golf carts operated on public streets within its jurisdiction undergo annual registration and safety inspections and display a decal providing verification of such registration and inspection? 2. May a municipality impose additional safety standards for golf carts that use public streets, including a requirement that golf carts be equipped with rear stop lights meeting the minimum standards in section 316.234(1), Florida Statutes, turn signals meeting the minimum standards in section 316.234(2), Florida Statutes , and safety belts? 3. May the city require that all drivers of golf carts between the ages of 14 and 16 operating on public streets be accompanied by a licensed driver? 4. May the city allow golf carts on county roads within the city,s boundaries without the county's approval? Due to the interrelation of the issues you have raised and the requirements set forth in section 316.212, Florida Statutes, your questions will be answered together. The City of Cedar Key has historically allowed golf carts [FN1] to operate on city streets, with certain age and other restrictions. The city recognizes, however, that section 316.212, Florida Statutes, regulates the operation of golf carts and may impact the city's ability to impose local regulations. [FN2] You state that the city benefits from the use of golf carts on its streets and would like to continue their use with additional regulations to promote public safety. Chapter 316, Florida Statutes, Florida,s Uniform Traffic Control Law, makes uniform traffic laws applicable throughout the state and its counties and uniform traffic ordinances applicable in all municipalities. [FN3] While the chapter was enacted to eliminate the "hodgepodge of ordinances which vary as to language and Copt. © West 2004 No Claim to Orig. U.S. Govt. Works http://print.west~aw.c~m/de~ivery.htm~?dest=-atp&dataid=B~558~87~6728~B... 2/4/2004 Page 2 of 5 Fla. AGO 2003-58 (Cite as: 2003 WL 22977527 (Fla. A.G.)) Page 2 penalty," [FN4] there are instances where the Legislature has recognized that municipalities may control traffic movement or parking. [FNS] The statute provides, however, that "[i]t is unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this chapter." [FN6] This office has previously concluded that absent express authorization under the Uniform Traffic Control Law, Chapter 316, Florida Statutes, operates to prohibit any local legislation on traffic control or enforcement. [FN7] '2 Section 316.212, Florida Statutes, in pertinent part, provides: "The operation of a golf cart upon the public roads or streets of this state is prohibited except as provided herein: (1) A golf cart may be operated only upon a county road that has been designated by a county, or a city street that has been designated by a city, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts may be safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed. (4) A golf cart may be operated only durin9 the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield. (5) A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear. (6) A golf cart may not be operated on public roads or streets by any person under the age of 14. (7) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1), subsection (2), subsection (3), or subsection (4), or as a nonmoving violation for infractions of subsections (5) and (6)." Thus, the statute enumerates the safety equipment and other restrictions, such as the age of the operator, that may be applied to golf carts. It also recognizes that a local government may make a determination that golf carts may be operated during the hours between sunset and sunrise if the cart is equipped with headlights, brake lights, turn signals, and a windshield. Otherwise, basic equipment required for all golf carts is efficient brakes, a reliable steerin9 apparatus, safe tires, a rearview mirror, and red reflectorized warnin9 devices in both the front and rear. Where the Legislature has prescribed the manner in which something is to done, it operates as a prohibition against its being done in any other way. [FNS] Thus, the city is precluded from requirin9 additional safety equipment or imposing more restrictive operational requirements for golf carts operating within its jurisdiction. In a previous opinion of this office, it was concluded that a municipality has no authority to impose more restrictive age or licensure requirements for the operation of golf carts than those imposed in section 316.212, Florida Statutes. [FN9] The rationale of this opinion would apply equally to any additional restrictions imposed by a municipality, such as requiring a licensed adult to Copr. © West 2004 No Claim to Orig. U.S. Govt. Works http://pfint.westlaw.comJdeliveDy.html?dest=a~p&dataid=B0055800000008710001067281B... 2/4/2004 Page 3 of 5 Fla. AGO 2003-58 (Cite as: 2003 WL 22977527 (Fla.A.G.)) P~e3 accompany operators under the age of 16 or requiring that golf carts be equipped with seat belts. [FN10] -3 Moreover, a mandatory local inspection program to ensure compliance with the equipment requirements enumerated in section 316.212, Florida Statutes, would appear to exceed the specific provisions of subsection (7) for enforcement of golf cart operation and equipment, making noncompliance a noncriminal traffic infraction punishable under Chapter 318, Florida Statutes. There is no apparent obstacle to the city offering a voluntary inspection and registration program as a service to those persons operating golf carts within the city's boundaries. Section 316.008, Florida Statutes, enumerates the powers that may be exercised by local governments relating to streets and highways within their jurisdictions. Relative to your inquiry, a municipality may restrict the use of streets, prohibit or regulate the use of controlled access roadways by any class or kind of vehicle, and prohibit or regulate the use of heavily traveled streets by any class or kind of traffic determined to be incompatible with the normal and safe movement of traffic. [FNll] None of these authorized areas would appear to allow a municipality to enact an ordinance requiring additional safety equipment on golf carts or restricting the operation of golf carts by persons under the age of 16 to those occasions when they are accompanied by a licensed driver. Section 316.006(2), Florida Statutes, states that "[c]hartered municipalities shall have original jurisdiction over all streets and highways located within their boundaries, except state roads .... " (e.s.) Counties, however, possess original jurisdiction over "all streets and highways located within their boundaries except all state roads and those streets and highways specified in subsection (2) .... " [FN12] (e.s.) The plain language of the statute allows municipalities to enforce the uniform traffic laws of Chapter 316, Florida Statutes, on county roads located within their jurisdictions. [FN13] It would appear, therefore, that municipalities have been granted the authority to designate roads within their jurisdictions, except state roads, upon which golf carts may operate. Accordingly, it is my opinion that, while the City of Cedar Key may provide a voluntary inspection and registration program for golf carts operating within its jurisdiction, it may not require that all golf carts operated on its streets undergo annual registration and safety inspections and display a decal providing verification of such registration and inspection. Nor may the city impose additional safety standards or operator qualifications on golf carts beyond those prescribed in section 316.212, Florida Statutes. The city, however, has original jurisdiction over all streets other than state roads located within its boundaries and may authorize the operation of golf carts on county roads located within the city without the county's approval. Sincerely, Charlie Crist Attorney General Copr. © West 2004 No Claim to Orig. U.S. Govt. Works hflp:#pfint.westlaw.comJdelive~j.html?dest=a~&dat~d=B0055800000008710001067281B... 2/4/2004 Page 4 of 5 Fla. AGO 2003-58 (Cite as: 2003 WL 22977527 {FIa.A.G.)) P~e4 [FN1]. Section 320.01(22), Fla. Stat., defines "golf cart" as "a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour." [FN2]. Recently, this office issued Attorney General Opinion 2003-44, in which it was concluded that motorized scooters, while not "motor vehicles,, for purposes of Ch. 316, Fla. Stat., and not eligible for registration under s. 320.02, Fla. Stat ., are vehicles for purposes of excluding them from operation on sidewalks and "motor vehicles,, for purposes of Ch. 322, Fla. Stat., requiring a license for the individual operator. AS noted in the opinion, the Legislature may wish to clarify the inconsistent treatment of motorized scooters under the motor vehicle laws. Unlike motorized scooters, however, the Legislature has authorized the operation of golf carts on the public roads of this state under specific conditions. See, also, s. 316.2068, Fla. Stat., authorizing the operation of an "electric personal assistive mobility device" on roads with a posted speed limit of 25 miles per hour or less, without need for a license, registration, or insurance. [FN3]. See s. 316.002, Fla. Stat., setting forth the Legislature,s intent in adopting Chapter 316, Fla. Stat. [FN4]. See Preamble to Ch. 71-135, Laws of Florida, creating Ch. 316, Fla. Stat. [FNS]. Section 316.008, Fla. Stat., enumerating the powers of local authorities. [FN6]. See s. 316.002, Fla. Stat. [FN7] . See Ops. Att'y Gen. Fla. 01-06 (2001), 98-62 (1998) and 98-15 (1998). [FNS]. See Alsop v. Pierce, 19 SO. 2d 799, 805 (Fla. 1944) (where Legislature prescribes the mode, that mode must be observed). [FNg]. See Op. Att'y Gen. Fla. 02-11 (2002). [FN10] . Cf. Ops. Att'y Gen. Fla. 95-13 (1995) (city may not enact an ordinance that makes the failure to wear a safety belt while operating a vehicle on city streets a primary offense since Legislature has expressly mandated in s. 316.614(9), Fla. Stat., that enforcement of the safety belt law by local governments is only by means of a secondary action when the driver of a vehicle has been detained for a suspected violation of another section of Chs. 316, 320 or 322, Fla. Stat.) and 77-84 (1977) (municipalities not authorized to require that motor-propelled bicycles or moped operators and riders wear protective headgear and eye-protective devices, while operating or riding such bicycle/mopeds within the city limits since the manner and places of their operation, equipment required Copt. © West 2004 No Claim to Orig. U.S. Govt. Works http://print.westlaw.com/delivery.html?dest=atp&dataid=B0055800000008710001067281B... 2/4/2004 Page 5 of 5 Fla. AGO 2003-58 (Cite as: 2003 WL 22977527 (Fla. A.G.)) Page 5 thereon, and equipment, if any, for the operators or riders thereof is governed by s. 316.111, Fla. Stat., and other related statutes). See also, s. 322.04(1) (e), Fla. Stat., exempting from the requirement of a driver,s license "[a]ny person operating a golf cart, as defined in s. 320.01, which is operated in accordance with the provisions of s. 316.212." [FNll] . Section 316.008(1) (g), (m), and (n), Fla. Stat. [FN12] . Section 316.006(3) (a) , Fla. Stat. [FN13]. See Op. Att'y Gen. Fla. 01-06 (2001) (municipality may set a 30 mph speed limit on a portion of county road running through a residential district within the municipality). Fla. AGO 2003-58, 2003 WL 22977527 (Fla.A.G.) END OF DOC73MENT Copr. © West 2004 No Claim to Orig. U.S. Govt. Works http://print.westlaw.com/delivery, html?dest--atp&dataid=B0055800000008710001067281B... 2/4/2004 Memo From: CC: Date: Re: City Commission David Harden, City Manager~)~/'/ March 5, 2004 Regulation of Solicitors and Peddlers The City Attorney's office has prepared a draft ordinance to update our Code requirements regarding solicitors and peddlers. The ordinance is before the Commission this evening as a workshop type item for your discussion and direction. Staff is aware that some of our residents have recently brought to the attention of Commissioners certain types of problems caused by the way in which some peddlers operate in the City. We want to be sure a new ordinance adequately addresses those problems. Please be prepared to discuss any changes that may be needed in this draft. [ITY OF DELRIIY BEFIrH M ,R 3 200 CITY ATTORNEY'S OFFICE DELRAY BEACH 1993 TO: March 2, 2004 FROM: SUBJECT: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wdter's Direct Line: 561/243-7090 MEMORANDUM David T. Harden, City Manager /,~/;,~ 1~) 'd-L Terrill Pyburn, Assistant City Attorney Proposed Ordinance on Handbill distribution Ordinance Reqardinq Solicitors and Peddlers and Proposed I have attached two (2) proposed ordinances to this memorandum for your review. The first proposed ordinance amends our current ordinance on handbills and the second is a completely new ordinance on solicitors and peddlers. In the proposed handbill ordinance, a brief definition section has been added to the ordinance. Also, there is a requirement that each and every distributor of handbills shall be responsible for picking up any and all litter resulting from the particular handbills that said distributor provided to the public, within a fifty (50) foot circumference and/or within the block around the area where such person distributed the handbills, whichever distance is greater. The penalty for the distributor's failure to clean up after themselves shall be a fine of five dollars ($5.00) for each respective handbill disposed of improperly within a fifty (50) foot/one block radius of the point of distribution, unless the distributor properly discards of all respective handbills by picking them up and depositing them in a trash receptacle. Next, in the proposed ordinance on solicitors and peddlers, the old code sections are repealed and, in their place, are new provisions that propose to regulate solicitors and peddlers by requiring that they obtain a permit in addition to the required occupational licenses as provided by Chapter 110 of the Code of Ordinances. This proposed ordinance has a new definition section and includes provisions regarding aggressive solicitation or begging. It also includes hours of soliciting and peddling, providing that no person shall engage in the activities of a peddler or solicitor between the hours of 9 p.m. and 9 a.m. The ordinance also provides provisions explaining the grounds for denial of a permit application and provisions regarding the appeal of a denial. Finally, the proposed ordinance references First Amendment case law in support of the ordinance and it clarifies that handbill distribution is not covered by the solicitors and peddlers ordinance. David T. Harden, City Manager March 2, 2004 Page 2 Please let me know if you have any questions. These are draft ordinances only and changes are anticipated. Please let me know if you require any changes before they are put in final form. Thank you. TCP:smk Attachments DRAFT ORDINANCE NO. -04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 11, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 118, "SOLICITORS AND PEDDLERS", BY REPEALING CHAPTER 118 IN ITS ENTIRETY AND ENACTING A NEW CHAPTER 118, "SOLICITORS AND PEDDLERS", TO PROVIDE AN UPDATED CODE ON SOLICITORS AND PEDDLERS INCLUDING NEW PROVISIONS ON AGGRESSIVE SOLICITATION; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to protect its citizens against criminal activity, including fraud and burglary, minimize the unwelcome disturbance of citizens and the disruption of privacy and to otherwise preserve the public health, safety and welfare by regulating and controlling solicitors and peddlers; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has found that the increase in aggressive solicitation throughout the City has become extremely disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder; and WHEREAS, with respect to permitting and other regulatory issues, the City Commission of the City of Delray Beach, Florida, has considered judicial opinions regarding peddling and soliciting in conjunction with the First Amendment, which include but are not limited to the following: 1. Larsen v. Valente, 456 U.S. 228 (1982). Members of City Council of Los An,qeles v. Taxpayers for Vincent, 466 U.S. 789, 8O5 (1984). 3. United States v. O'Brien, 391 U.S. 367,377 (1968). 4. Martin v. Struthers, 319 U.S. 141 (1943). Heffron v. International Society for Krishna Consciousness, Inc., 452 U.S. 640, 647-48 (1981). City of Watseka v. Illinois Public Action Council, 796 F.2d 1547, 1552 (7th Cir. 1986), aff'd., 479 U.S. 1048 (1987). Collngswood v. Rin(~c~old, 331 A.2d 262 (N.J. 1975), cert. denied, 426 U.S. 901 (1976). Central Hudson Gas & Electric Corp. v. Public Service Comm'n., 447 U.S. 557 (1980). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title IX, "Business Regulations", Chapter 118, "Solicitors and Peddlers" of the Code of Ordinances of the City of Delray Beach, Florida, be repealed and a new Chapter 118, "Solicitors and Peddlers and Distribution of Handbills" is hereby enacted as follows: Section 118.01 Definitions. The following words, terms, and phrases, and their derivations, when used in this Ordinance, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: (a) Automated teller machine means a device, linked to a financial institution's account records, which is able to carry out transactions, includin.q, but not limited to: account transfers, deposits, cash withdrawals, balance inquires, and mortgage and loan payments. (b) Automated teller machine facility means the area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers after regular banking hours. (c) Bank means any banking corporation. (d) Charitable means and includes the words patriotic, philanthropic, social service, health, welfare, benevolent, educational, civic, cultural or fraternal, either actual or purported. (e) Check cashing business means any person duly licensed by the superintendent of banks to en.qage in the business of cashing checks, drafts or money orders for consideration pursuant to the provisions of the bankin.q laws. 2 ORD. NO. (f) Contributions mean and include the words alms, money, subscription, property or any donations under the guise of a loan of money or property. (.q) Peddle means to offer for sale any goods, services, wares, merchandise or personal property of any nature. (h) Person means a natural person or any firm, corporation, association, club, society or other organization. (i) Private Property means any residential, commercial and industrial real property of any kind which is privately owned or occupied. Public area means an area to which the public or a substantial group of persons has access, and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, public beaches, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them. (k) Solicit means to request an immediate donation of money or other thin,q of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value. The solicitation may be, without limitation, by the spoken, written, or printed word, or by other means of communication. Solicitations by U.S. Mail, however, are not considered Soliciting for purposes of this Ordinance. (1) Aggressive manner means and includes any of the following: (i) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent; (ii) Following the person being solicited, if that conduct is: (i) intended to or is likely to cause a reasonably person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possessions; or (ii) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; (iii) Continuing to solicit within five (5) feet of the person being solicited after the person has made a negative response, if continuing the solicitation is: (i) intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the persons' possession; or (ii) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; 3 ORD. NO. (iv) Intentionally or recklessly blocking the safe or free passage of the person being solicited or requirin,q the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation; (v) Intentionally or recklessly using obscene or abusive langua.qe or gestures: (i) intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (ii) words intended to or reasonably likely to intimidate the person into respondin.q affirmatively to the solicitation; or (vi) Approaching the person being solicited in a manner that: (i) is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (ii) is intended or is reasonably likely to intimidate the person being solicited into respondin.q affirmatively to the solicitation. Section 118.02 Prohibited Acts (a) Solicitors and Peddlers: (1) It shall be unlawful for any person to solicit or peddle money or other thin.qs of value, or to solicit the sale of goods or services: (i) without a valid permit; (ii/ In an af:lclressive manner in a public area; (iii) In any public transportation vehicle, or bus or train station or stop; (iv) Within fifteen (15) feet of any entrance or exit of any bank or check cashing businesses or within fifteen (15) feet of any automated teller machine during the hours of operation of such bank, automated teller machine or check cashing business without the consent of the owner or other person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility; (v) On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; or 4 ORD. NO. (vi) In such a manner that unreasonably obstructs or interferes with pedestrian or motor traffic flow. Section 118.03 Exemptions. (a) The following are exemptions from prohibited acts under Section 118.02: (1) Any solicitation made upon premises owned or occupied by an organization upon whose behalf the solicitation is made; (2) Any communication by an organization soliciting contributions solely from persons who are members of the organization at the time of such solicitation; (3) Any solicitation in the form of a collection at a regular meeting, assembly or service of a charitable person; or (4) Any solicitation for the relief of any individual specified by name at the time of the solicitation where the solicitor represents in each case that the entire amount collected shall be turned over to the named beneficiary. (5) Distribution of handbills shall not be considered solicitation or peddling and shall be exempt from Section 118.02 and the provisions of this ordinance. Section 118.04 Hours of Soliciting and Peddling. No person shall transact business or engage in activities of a peddler or solicitor, whether licensed or unlicensed, between the hours of 9:00 p.m. and 9:00 a;m. Section 118.05 Permit Application. Every person subject to the provisions of this Ordinance shall file with the Chief Building Official or his/her designee an application for permit in writing on a form to be furnished by the Building Department. Ail permit applicants must have an occupational license as required by Chapter 110 of the Delray Beach Code of Ordinances in addition to the permit provided in this section. Section 118.06 Permit Fees. At the time the application for permit is filed with the Chief Building Official or his/her designee, the applicant shall pay a fee to cover the cost to the City of processing the application and investigating the facts stated therein. 5 ORD. NO. Section 118.07 Permit Application Review and Issuance. (a) Upon receipt of a permit application, the Chief Building Official or his/her designee, or authorized representative, shall review the application as deemed necessary to ensure the protection of the public health, safety and general welfare. (b) If the Chief Building official or his/her Designee finds the application to be satisfactory, he/she shall endorse his/her approval on the application and shall, upof] payment of the prescribed fee, deliver the required permit to the applicant. (c) The permit shall show the name and address of the permitee, the kind of goods or services to be sold or delivered, the date of issuance, and the length of time that the permit shall be in effect. The permit shall also show the license number and identifyin.q description of any vehicle to be used in carrying on the activities for which the permit issued. (d) A record of all permits issued shall be maintained by the Building Department for a period of two (2) years. Section 118.08 Grounds for Denial of Permit. (a) Upon the Chief Bud n.q Official or his/her Designee's review of the application for permit, he/she may refuse to issue a permit to the applicant under this Ordinance for any of the following reasons: (1) The location and time of solicitation or peddling would endanger the safety and welfare of the solicitors, peddlers or their customers; (2) The applicant has been convicted of a felony, misdemeanor or ordinance violation involving a sex offense, trafficking in controlled substances, or any violent acts against persons or property, such conviction being entered within the five (5) years preceding the date of application; (3) The applicant is a person against whom a judgment based upon fraud, deceit or misrepresentation has been entered within the five (5) years immediately preceding the date of application; (4) There is no proof as to the authority of the applicant to serve as an agent to the principal; 6 ORD. NO. (5) The applicant has been denied a permit under this Ordinance within the immediate past year, unless the applicant can and does show to the satisfaction of the Building Official that the reasons for such earlier denial no Ion.qer exist; (6) The application for permit (including any required attachments and submissions) is not fully completed and executed; (7) The applicant has not tendered the required application fee with the application; (8) The application for permit contains a material falsehood or misrepresentation; (9) The applicant is e.qally incompetent to contract or to sue and be sued; o_.[r (10) The applicant has not complied or cannot comply with applicable iicensure requirements, ordinances or re.qulations concern n.q the sale or offering of any goods or services. (b) The Building Official's disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last known address. Section 118.09 Permit Expiration, At the end of the time period designated by the applicant in the permit application, the solicitor/peddler shall not thereafter solicitJpeddle any goods or services within the City w thout a.qain complying with all the requirements of this ordinance. Section 118.10 Identification Badges. At the same time the permit is issued, the Chief Building Official or his/her designee shall issue to each permitee a bad.qe, which shall be worn by the permitee in such a way as to be conspicuous at all times while the permitee is soliciting or peddling in the City. Section 118.11 Permit Exhibition. Every person required to obtain a permit under the provisions of this Ordinance shall exhibit the permit when requested to do so by any prospective customer or Police Department employee. 7 ORD. NO. Section 118.t2 Transfer of Permit Prohibited. It shall be unlawful for any person other than the permitee to use or wear any permit or badge issued under the provisions of this Ordinance. Section 118.13 Appeal of Permit Denial. (a) Any person aggrieved by the action or decision of the Chief Building Official or his/her designee to deny a permit applied for under the provisions of this Ordinance shall have the right to appeal such action or decision to the City Manager within fifteen (15) days after the notice of the action or decision has been mailed to the person's address as shown on the permit application form, or to his/her last known address. (b) An appeal shall be taken by filing with the Building Official/Designee a written statement setting forth the grounds for the appeal. (c) The Chief Buildinq Official shall transmit the written statement to the City Manager within ten (10) days of its receipt and the City Manager shall set a time and place for a hearing on the appeal. (d) A hearing shall be set not later than twenty (20) days from the date of receipt of the appellant's written statement. (e) Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision. (f) If the City Manager upholds the decision of the Chief Building Official or his/her designee to deny, suspend, or revoke an occupational license permit, then the person aggrieved by the action may appeal the decision to the Circuit Court of Palm Beach County. Section 118.14 Claims of Exemption. Any person claiming to be legally exempt from the re,qulations set forth in this Ordinance, or from the payment of a permit fee, shall cite to the Chief Building Official or his/her designee the statute or other legal authority under which exemption is claimed and shall present to the Building Official proof of qualification for such exemption. Section 118.15 Violations and Penalty. (a) Violation of any of the provisions of this Ordinance shall be punishable as set forth in Section 10.99 of this Code. 8 ORD. NO. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. .Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST: MAYOR CITY CLERK First Reading Second Reading 9 ORD. NO. [lTV OF DELRrlV BER[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY B~:ACH All.k, mdca City TO: March 3, 2004 City Commission MEMORANDUM Writer's Direct Line: 561/243-7091 FROM: Susan A. Ruby, City Attorney SUBJECT: Coral Trace Settlement The main points of the settlement are as follows: The City's four acre parcel will be developed in such a manner that access to Coral Trace and the school site cannot occur at the same time unless there is an emergency. If there is access to the school, gates will be installed that prohibit access from the school to Coral Trace simultaneously (a restrictive covenant to this effect will be recorded). The City will release Coral Trace from the duty to pay one-half (1/2) of the maintenance of the retention pond. The City may reconfigure the retention pond in a manner not adverse to the drainage on Coral Trace properties and will notify Coral Trace prior to reconfiguring the pond. (The release will be recorded in the Public Records.) The "Developers Agreement" will be released and the City will take over the irrigation responsibilities for Coral Trace using a water source other than the lakes in Coral Trace. The City has three months to retrofit the irrigation system. (The release will be recorded.) The City will plant a three foot high hedge along the exterior of the eight (8) foot fence along Coral Trace Boulevard for the canal to the Southern return of the wall. If the hedge is on the District's property, the District will maintain it. If it is planted on the City's property, the City will maintain it. The City will build an eight (8) foot concrete wall painted in a neutral color, with returns no longer than six to eight feet at the east end returning north and on the west end returning south. If the cost to the City is no greater than the two returns, then if Coral Trace prefers only one 16 feet return on the east side going northbound may be built if it does not conflict with easements. The City will not have any maintenance responsibility for the Memo to City Commission March 3, 2004 Page 2 wall. The School District shall maintain its side of the wall, and Coral Trace its side of the wall. The wall shall be in place prior to the school's opening. The City will install no parking signs and either a "no outlet" or "not a through street" sign on Coral Trace Boulevard as close to the entrance to Temple Sinai as permitted by law, no later than three months after the execution of the agreement. The School District will direct lighting on the baseball field and perimeter away from Coral Trace. The School District will erect an eight feet high fence along most of the perimeter of school where it abuts Coral Trace and six foot along Owens Baker Road. The School District has provided a credit for landscaping in the amount of $3,302.50 worth of plantings that were identified by Coral Trace to be planted in Coral Trace. In addition, the School District will contribute ten thousand dollars towards the purchase of additional nursery products. The School District will install and maintain the plants. 10. The City is to request that DOT maintain the left turn lane used by Coral Trace residents entering Coral Trace Boulevard. The City will contribute up to $5,000.00 for a traffic study, if warranted, to keep the left turn lane open. 11. Necessary easements will be provided. 12. Each party to bear its attorneys fees and costs and execute general release. Our office recommends approval of the settlement. Please place the settlement of the Coral Trace v. City case on the May 11, 2004 agenda for the City Commission and authorize the City Attorney's Office to review and file all documents required to conform to the settlement. CC: David Harden, City Manager Barbara Garito, City Clerk TO: FROM: SUBJECT: MEMORANDUM MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # c~{) - REGULAR MEETING OF MARCH 11, 2004 APPOINTMENT TO THE PLANNING AND ZONING BOARD DATE: MARCH 5, 2004 Ms. Lynn Gardner has verbally given her resignation due to an out of the country relocation. This creates a vacancy for an unexpired term ending August 31, 2005. In order to qualify for appointment, a person shall either be a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. The following have submitted applications for consideration: See Exhibit "A" attached A check for code violations and/or municipal liens was conducted. None were found. Voters' registration verification was completed and all are registered with the exception of Christel Silver. Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Recommend appointment of one (1) member to the Planning and Zoning Board for an unexpired term ending August 31, 2005. David Beale Ronald Brito Reginald Cox Janine Dabney-Batde Lesley Deutch Joe Farkas Sigurdur Hardester Terry Lessard Pearl Markfield Eh:od Eileen Marks Christina Morrison Ralph Morse Jeffrey Nurge David O'Connor Edward Ostrowski Michelle Reich Jerome Sanzone Randee Schatz Christel Silver Thomas Stanley Ronald Sullivan Charles Walker Andrew Youngross Attorney Contractor Realtor Realtor Financing Sales Manager Architect Realtor PLANNING & ZONING EXHIBIT "A" (currently serving on Board of Construction Appeals) (currendy serving on Board of Construction Appeals) (currently serving on Board of Construction Appeals) Retired CSR/Banking (currently serving as alternate on Nuisance Abatement Board) Realtor Photographer Mortgagor Business Management Retired Engineer Interior Designer Building Official Attorney (currently serving on Historic Preservation Board) Realtor Attorney Sr. Zomg Planner Certified Mechanical/Plumber Contractor Engineer (currently serving on Code Enforcement) Dec 17 2003 12: 13PM DRVID ¢561) ~43-31~G BOARD MEMBER APPLiCATiON ' 1993 2001 hold: sabmh~cl, It ~ be ~ I~':---~- ..... ' y~'x ~ tiic date k was . ~'~'~" · reSlXZmmm7 m emuiz that · cummt ·ppllc~tlon is on '1 RECEIVED DEC I ? 2003 CITY CLERK DAVID A. BEAI E, ~ACSI"ILE (~1) ~3-31~ CELLPHONE (561) 213-20~0 NI~ YORK, NEW YORK 10017 TELEPHONE (212) 949-0203 OR (212) 682-22~ FACSIMILE (212) 682-2~74 DAVID A. BEALE David A. Beale is a graduate of Cornell University (B.S. 1971) and Fordham Law School 0.D- 1974, Law Review 1972-74). He is a member of the New York Bar (1975) and Florida Bar (1990). David Beale is a member of The Florida Bar Association, New York State Bar Association, and Association of the Bar of City of New York. He belongs to the Entertainment Arts and Sports Law Section of the Florida Bar, where he is on the Executive Council and Chairman of the Publishing Committee. He is also active in the Media Law Committee of the Florida Bar, and the Intellectual Property Law Section of the New York Bar Association. Mr. Beale has spent his entire career representing the needs of small businesses and their owners, the sizes of which range from start-ups to companies with $100 million in sales. His practice encompasses all types of corporate, partnership, employment and commercial agreements, including leases, property purchases, and financing agreements, as well as all types of litigation that relate thereto. He is able to work with clients who have sole proprietorships as well as partnerships and corporations, and to guide them through the intricacies of licenses, fictitious names, incorporation, corporate document requirements, employment agreements, shareholder, voting and buy-sell agreements, confidentiality and non-compete agreements, mergers and acquisitions and creditors rights. Mr. Beale can give guidance on vendor, service and software agreements, as well as negotiate and litigate disputes over same. On a personal level, Mr. Beale can advise and counsel on all types of matters, including wills, trusts, health surrogates, powers of attorney, living wills, and probate, real estate, rentals, name changes, bankruptcies, debtors and creditors rights and homeowner and association rights. When a client's need arises, he works with the best attorneys in the fields of matrimonial, personal injury and estate planning. Real estate closings can take place in his suite, with title work done by associated counsel. Clients of the firm are found in the areas of banking, publishing, distribution, marketing, licensing, food, drugs, cosmetics, restaurants, real property, direct mail, fulfillment, accounting, non- profits, party planning, catering, equipment sales and financing, and employee management and training. He'has extensive experience in employment law issues, and spends a great amount of time counseling companies and their human resources professionals with questions concerning discrimination, harassment, disabilities, EEO, Family Medical Leave and Fair Labor Standards. If such issues cannot be resolved by counsehng and negotiation, Mr. Beale has litigated all types of employment law issues. Mr. Beale is outside general counsel to a national and international distributor of magazines and books, employing over 1500 persons nationally. Mr. Beale has also represented national magazine and book publishers, and film and video producers, and has negotiated and drafted contracts for clients that cover every conceivable area of need, induding copyright, trademark, rights acquisition, licensing, publishing, distribution, printing, mergers, and assets and stock purchase and sale agreements. He also has extensive litigation experience in state and federal courts all over the country in all related areas, which include infringements of all types, libel, slander, invasion of rights of privacy and publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights in these IN~fI~LI-~CTUAL PROPERTY AND M~DIA PRACTICE David A. Beale is experienced to handle a wide array of issues and problems in this practice area, including representation of magazine and book publishers, distributors, film and video producers. The areas of expertise covered by Mr. Beale's practice include the following: Trademark and Coovri£ht Practice - This area encompasses everything from registrations, development, licensing, infringements and unfair trade practices. Experience includes litigation of all types, from the Trademark Office to federal court actions for infringement action, including the prosecution and defense of preliminary injunctions. Publishing - The firm has extensive experience in negotiating both magazine and book contracts covering the following areas: publishing rights, printing, distribution, licensing and fulfillment. Media- The firm can meet all need in this area, including, libel, slander, rights of privacy and publicity and all other First Amendment issues. Television and Film - The firm has experience in development and production deals, as well as performance and location rights. Experience has included the clearance for production companies for copyright, trademark and location rights. Mr. Beale frequently develops new approaches to issues and problems, advising clients and litigating on a national level, while remaining constantly aware of the client's desire to remain cost efficient in today's economy. l~15IPLOYIVIENT LAW PRACTICE David A. Beale believes the most effective way to handle employment law claims is through a preventive approach. This means that he will work with each client long before any claims arise. If a problem surfaces, litigation can be handled in a cost effective and professional manner. In today's business environment, companies are recognizing that it is essential for an experienced lawyer to draft and/or review employment policies, procedures and provide training to all supervisory personnel. After extensive consulting with the client's DirectOr of Human Resources, or other responsible individuals, in order to determine the problems and issues specific to each Client, Mr. Beale will ensure that the client is prepared to handle the wide array of employment law issues that may arise. These may include one or more of the following areas of employment law: *Hiring and evaluating employees *Supervisory training *t~mployment discrimination, and harassment Title VII, ADEA, ADA *Employee personnel fdes and right to privacy *Employe~ evaluation *Security issue~ *Job safety *Reduction in force; re-engineering *Compensation & work schedules *Employee Compensation & fringe benefits *Employment termination *Employment contracts & ag~ments *Drug te~ting *No smoking policies *Disciplinary programs and pracedures *AIDS *Family Medical Leave Act His loss prevention and litigation skills are needed to serve your needs, and work with your Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No employer should face today's employment law problems alone. David Beale will always be available to be your partner in problem solving. DAVID A. BEAI~E, P~A. Law Offices 355 HE 5TM Avenue Suite 1 DELRAY BEACH, FLORIDA 33483 T~L~PHONH (561) 243-1477 FACSIMILE (561):243-3166 I~MAIL d~mel],edu March 11~ 2002 CELL PHONE (~61) 213~20~0 City of Delmy Beach 100 NW 1'~ Avenue Delray Beach, FL 33444 Dear Sir/Madam: Enclosed please find my Board Member Application for P&Z, CRA, and DDA, together with information about me and my law practice. DAB:dsl Enclosure I appreciate your consideration of my Application, and look forward to hearing from you. Very truly yours, VID A. BEALE, P.A, '' RECEIVED NAR 1 3 2002 CiTY CLERK 3u'n l? 02 09:34a Enterprise Contractors (56;1)P?$-0335 06/14/02 FRI 12:13 FAX 561 243 3774 CITY BOARD MEMBER APPLICATION 20~1 - I~oo~ 4. ~0~ B~ Ad~: ' ~ S~tc ~ C~ .~,~ss Pbgc: E-~ A~ ~ Phon~ Fax; 6. A~ you a ~stetcd votez~ - If . ~nt Bo~(0 ~e you ~i~ ~ ~ P~ase ~t ~ ~r of otefe~ce: tO. ~t ~), t~ted ptof~s~on~ c~d~ns ~d bc~so w~ch~ou aoM: -- ' ~ ~ ~ apportion may .... ~ f~e ~on ~ ~ of any ap~t l ~y ~. ,pp er, on I~ it), ffice for a period of 2 year. ~om the date it was ~ubmltted_ It xvm be the applicant's responsibility to ensure that a cmxent application i~ on RECEIVED · JUN 1'7 2002 . , CITY CLERK RON BRITO 198 S.E. 27r~ A VENUE BO YIVTON BEACH, FLA. 33435 RON JO20~.AOL.COM PERSONAL RESUME WORK HISTOR Y: 1965-1979 14 years as a framing and finish carpenter in Riverside, San Bernardino, and Laguna Beach, California. Production framing on several multi- family complexes, housing tracts encompassing slab layout, framing, joisting, trussing, fascia, siding, setting doors, windows, cutting rafters & stairs etc. Eventually started high quality custom finish work. 7years us carpenter, 2 years us Leadman, 5 years us Foreman on new residential and commercial projects, as well as some renovation and remodeling. 1979 - 1983 Obtained Building Contractor License / B-388997 Calif. (currently in- active status) still valid thru 4-30-00 Spent 5 years sub-contracting and running framing, siding, trussing, floor joisting, stair fabrication and installation on multi-family complexes from large contractors. During this time I contracted new single family homes, additions, remodeling, commercial roofs, and commercial tenant improvements. 1983 - 1985 Job superintendent on custom housing in the Nashville, Tennessee area for 1 year. Sub-contracting framing, trussing, siding jobs for the next two years. 1986-1989 Obtained General Contractor License / CGC-047369/FLORIDA (Active) Worked at "The Township" as punch out foreman for I year. Worked for David Jones Const, at Gleneagles, Polo Club as Lead Carpenter. Foreman for 1 year on 32 eight-plex wood frame multi-family duplexes. Constructed custom housing from Manalapan to St. Andrews, Boca Ratotr Received General Contractor's License in February 1989. 1989-1991 LICENSED GENEP.4L CONTR~tCTOR / U.~ EL 2-01392-91 Went to St. Croix, U.S. EL after Hurricane Hugo for 5 days to bring supplies and help restore power and water to units of condos for a friend. Agreed to come back to restore 2 houses. Acquired General Contractors License in the U.S.V.I. in February 1990. Restored 14 residences, 2 commercial buildings and 6 rental units. Also completed renovations in St. Thomas and St. John on custom homes. Returned to Florida July 2, 1991 and began new additions and remodeling projects. After Hurricane Andrew, opened a field off'we in Miami for restoration work. My Miami office completed 16 residential restorations and about 44 roofing projects. 1992 - 1993 Was asked to take over operations of Falkav Construction and to qualify the company. Although thorough research into Falkav prevented me from qualifying the company, I did bring the Delray Tennis Center to substantial completion in time for the Virginia Slims Tournament. Falkav Construction was at that time under contract with the City of Delray Beach for the Tennis Center (2.5 million-dollar contract) and was also engaged in 6 school projects for school districts from Palm Beach County to Dade County. Falkav Construction went into bankruptcy and was dissolved. Currently, my company, Enterprise Contractors Inc. is located at 2210 IV. Federal Hwy. Delray Beach. I do Custom Homes, Historical Renovations, and Commercial Projects. I do my own estimating, contract negotiations, and am computer literate and familiar with several different estimating and accounting programs. I also ran most of my own projects. I am a 30- year carpenter, experienced in material take-offs for jobs, flow chart and scheduling for jobs with deadlines and fast track completion. Familiar with AIA contracts & draw requests. I am used to hard work and long hours. I remain teachable with an open mind. I believe that a good leader has to first be a good follower. PERSONAL HISTORY I am 52 years old, married, with four children. I'm a high school graduate with 2 years junior college in business management. I have 30 years of construction experience. I hold three different Contractor's Licenses: Florida, the U.~ gu'gin Islands and California. I am currently applying for a State of Tennessee General Contractor's License. I am an active member of my church (SD.d) where I am a Sabbath (Bible Study) teacher for an adult class. I am also on the Church Building and Nominating Committee and a Deacon. I am a 13-year member of A. A. and active on several committees within (2 yr. Former board member of Crossroads Club). I am the Chairman of the Construction Board of Appeals for the City of Delray Beach. Two years on Brentwood Hills Home Owner's Architectural Committee. I own a house in Boynton Beach where my family and · have lived for the last 14 years. · also own property in White House, Tennessee and Delray Beach, Florida. Tennis, surfing, and jogging are my favorite pastimes, tO 243~774 a~ 3/:2/,20041 MAR - CITY CLERK REGINALD A. COX 407 East Coral Trace Circle Dc[ray Beach FL 33445 (561-266-5748) Objective: To obtain a poMtion in a construction or related o~nlzation focusing on architectural, construction, business or related management or instruction. The environment should encourage professional development and offer career advancement opportunities. HIGHLIGHTS OF QUALIFICATIONS · 12 years diversified experience in .architecture, Civil Engineering, Construction Management and Surveying/Mapping. (6 years architectural specific.) * Ability to prioritize, delegate, and motivate. · Quick learner; thrive in a dynamic, challenging environment. · Work cooperatively with a wide range of clients. RELEVANT EXPERIENCE & ACCOMPLISHMENTS Construction Documentation A~sociate Degree Drafting and Design Technology, Palm Beach Community College, 1990 · Recognize and understand drawings/symbols fxom architectural and engineering drawings. · Oversaw, updated, and r~iutained civil engineering systems drawings for the City of Delray Beach Environmental Services Dep, atmCm for four years. · Successfully completed architectural construction documentS for educational, office, residential, commercial, aad retrofit projects over the last nine years. · Analyzed and interpreted legal descriptions to produce digital surveys, maps, and resource planning boundaries. Conservation and Recreation Lands Program (CARL), Florida Dept. of Ear. Protection · Production Team member for several commercial, office, and educational facilities in Central Florida. · Performed ¢onswaction documentation review for compliance with municipal, state, and national building codes. · Perform structural building inspections for residential and commercial facilities. · Perform shop drawing review for multiple educational, mercantile, and business facilities. · Responsible for um~ing and overseeing drinking ~echnlciarm ~n ~he production of woddng ~rawlngs for m~fiple commerci~ p~ojec~ Sverdrup C~SS, 1998-~)00 Successfi~y m~-aged various arc~ecmra~ Nrojec~s, wid~ budgets over $1,000,000 from p~elimi~ary ~si~n ~rou~h consUmcfion documentation. Responsible for reducing construction document phase by 50~ on 4~,000 SF me'candle projecm. Mo~ored ~nd repor~d cos~ i~ormadon ~o m~a engineers ~n~ archi~ec~ for cost con~rol d~ ~nd collected information for specific discip~ne. Bechtel, 199~ Administered subconUmct [xm~.Aures, as applied ~o lower-der smbconumc~ors~ Bech~e! 199~ Produced spreadsheem as requ~ for submi~l~l, ~nspec~on~, ~md boisdug and fig~ng as pe~;ng ~o subcontracts under flae U.S. Departm.~ent of Energy prime contract. Bechtel 1993 ' Oversaw and directed FAMU-NOMA administrative ftmcfions for three years. (1993-1996) · Developed division of responsibilities and standing eommi~:ees * Developed and supervised organizational budget. Or£ani?ed key personnel towards establishing a Florida :hapter of the National Organization of Minority Architects (NOMA). (May 1999) Computer SIdlln · Responsible for updating computer hardware and sot~ware, working as office liaison for computer problems. Office of Environmental Services, State of Florida · Over eight years diversified experience using AutoCad (Release 9-14) · Completed course in Advanced PC Troubleshooting. (June 1996 Essential Seminars) · Competent user of a variety of software which include MieroStatlon, Microsoft Word, Excel, Outlook, CorelDraw, WordPerfect 7.0, ArcView, Novell Cn-oupWise, AS400, and Auto Architect. Page two REGINALD A. COX WORK mgTORY Nov'01 - Project Coordinator Oct '00 - Nov'01 Plans Examiner H Aug '98- Oct '00 Project Architect Nov '97- Aug '98 Project Architect May '97-Nov'97 In~rn Architect Sep '96-Feb '97 Architecua'al Drafting Dee '95-May '97 Engineering Technician m Aug '93-Dec '95 AutoCad Operator May ,93-Aug '93 Subcontract Technical Rep. Jan '92-Aug '92 Field Tedmieian Jun '86-Dee '91 Draflsperson Fannln o.,/I-Iowey Associates, West Palm Beach City of Delray Beach, Delray, FL Sverdmp CRSS, Orlando (Jacobs Eng. Group) Stottler Stagg & Associates, Orlando Hunton Brady Pryor Maso Architects, P.A., Orlando State of Florida-Office of Eavironmental Services State of Florida-Bureau of Survey and Mapping Bechiel Construcfion-ALken, SC (SRS) Bechtel Construction-Aiken, SC (SRS) City of Delray Beach-Environmental Services Dept. EDUCATION Master of Bus/ne~s Admini~llon,. UNIVERSITY OF PHOENIX, 2001 Bachelor of An&imcam~ - FLORIDA A&M ~l'f Y, 1997 Bachelor of Science, Architectural $~dies - FLORIDA A&M UNIVERSITY, 1995 Associate of Science, Drafting/Design Technology- PA/aM BEACH COMMUNITY CO!.I.gGE, 1990 Associate of Arts, Education - PALM BEACH COMMUNi iY COl I.gGE, 1991 Dr. Richard Dozier, NOMA, AIA - Professor of Architecture, Florida A&M University Roy F. Knight, .MA - Past President Florida Association of the American Institute of Architects Roland Udenze, AIA- Past President Orlando AIA Dr; Greg Brock, Environmental Admlninrrator, Division of State Lallds FDEP 18-De~-OZ Il:J7 From- T-403 1993 200~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION P.OZ/OZ F-585.. . 2. Home Address: CKS., Sm~ 23p Code 3_ Legal Residence: ' ~ S~ Zip Cod~ 4. Pmu~p~ B~s .~dd~: ~ S~ ~ ~p Code ' 6 ~c you a zc~s~cd vo~z~ ~ ~ ~ If ~0, ~h~c. aze you zc~r~? 7. ~ac Boa~dcs) ~ you inm~cs~d m ~g? P~ ~: m ozd~ ofpr~fc~c~c: 9. Educ~o~ lo. ~st ~y"¥ehted profession1 ce~ca~ons ~d ~ceme~ ~M~ y~u hol& 11. Give yout'pre~g or most rec~t 12. Des~be cxp~ence~, ~ o~ ~o~dgc ~,~ch q~ yo~ co--ed ~ ~s ~ca~on ~y c~use foff~c upon my p~ of~y zppom~r I m~y recdv*. 4otc: This application ~ remain on file in the City Clerk's Office for · peslod of 2 7~s fxom the dare DEC 1 R 2002 CITY CLERK Janin e Dabney Battle 239 ]VW 4~ A~ztte. ~e~nzy ~ FL 33144 Licensed Mm t~age Broker. Ncttio~tv Wholea~le Lending Group: 2001 - Pre.~ent A top producing loan officer_ Responsible for finding financing for residential and cornm~,~ia~ properties based on the review of credit and income criteria. Affluent i~ the credit criteria for correspondents on the secoodal3r market, as well as, A. B and government paper Lender. Licensed Realtor. Homes Realty: 2002 - Present Recruit. train and manage residential and commercial real estate sales associates. Licen~vd Mortgage Broker, The ~4dffison Mortgage Grottp: 1999- 2001 Top producing Semor Loan Office~. Loan files included residential conforming, non-conforming. VA. FHA and commexcial. Specialist in hotel/motet, large apartment and commercial mixed use. £icen~ed Real Ea-tate ,~ales Associate. l~rante flealty: 1999- 2002 'fop producing sales associate for C~eater Palm Beach County area. Over $2 ]vfillio~ in sales per year. E, rec~uti~e g~ce President Opera#otto, gVorld Mortgagr Cortn,eation: 1998- 1999 R~cruited to develop World as a wholesale sub prime Lender. Dtlties included but not lirnixed to management of loan opening, proc~-~sing~ underwriting" closing and post closing departments. Responsible for the pricing and sale of'*oulk" loan sales. Authorized to employ all qualified personnel for the Company. Vice President Sub Prime Lertcling DivL~lon. Bankers Direct Mortgoge Corporation: 1996- 1998 Respons~le for the supervision of the sub prime lending division. Dufi~ included the supep4sion of underwriting, loan processing, loan closh~ and post-closing departments. Unclerwrtting Supertqsor. National Lemimg Center: 1993 - 1996 Respon.-6ble for supervising and training a staffoften Undero, xiters. Supervised the under-oniting of Non-conforming (B/~) loans, communication ~ah the sales force, processors and brokers. Acted as a liaison between Mid-Level and Senior Management. ,~if-Empl .oved: 1989- 1993 Mortgage Training and Placemertt o Landlord~ropeny IV~ag~t · Century 21 l~eal 'Ieam Realty II, Key Biscayne Eth~caffon: Dnal Major, BSBA in Finance andReal EaSe. Ohio Snge Univera~fy: 1989 College Preparatory. Western Reser~ A~d~,': 1985 Janme Dabney-Batde Comn n la vemmt.- · Former Board Member City of D~iray Beach $.P.I~A-B · Former alternate member City of Ddray Beach Board of Adjustment · Vice Chair & board member. D~tray Phoen/x Inc. Member. Delray Beach Youth ~atetic Association · Member. Delray Beach Ch~nber of Conanerce Mc'tuber. Florida Associalion o£Mot~gage Brokers · Member. National Association of R~.altors · Member. Boca Raion Clmmber of Commerce Member. Roots Festival Golf Classic Ovganizationsi Committee · Member, Boynton Beach Chsrnbel' of Commerce Member. Comm~cial Real Estste Women · Member. Morik.,~fi Park Elemeatary PTA Member, Car~r Middle Fl'SA F'manci · WeatherSpoon Connection. s~lfserve car wash · Como ~,partmetrts, 24 unit apartment building · Jasmin Villa. 28 unit beach~ni motel · Reflex~ons Restaurant · Major sUip plaza in Delray Beach · Ivlulti-resid¢-ntial units · Ocean-from Condominium penthouse units 619=d EO/£O'd [t~-I .moJ~ 66:ki ZO-~se-OZ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1~3 Please type or print the followin~ information: 2. Home Address: - 12-2- V;o~ a'~st¢, RO~c. $0~ CttY0elr~¥ ~each State ZipCode 3. I.,cgal Residence: City Sta~ Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:. - 6'. Are you a registered voter? 7. What Board(s) are you interested in serving? Please list in order of preference: 8, LLst all City Boards on wh/ch you arc currently serving or ha~e previously served: (Please/nclude dates) 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 12. Describe expenences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify'that all the abo~e $tatement~ a~e true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. SIGNATURE fi- ' DATE Note: This application will remain on file in the City Clerk's Office for a peri~ ~f~.~r~.~e &te it was submitted. It will be the applicant's responsibility to ensure that a curt'e~'ap~l~t~o. Vnl~'~ file. ~-/0 oy, d o/b JUL ~ 9 200~ - ' ~lTV O.I I=RI~ EMPLOYMENT EDUCATION LESLEY C. DEUTCH 122 Via d'Este,//504, Delray Beach, FL 33445 Tel: (561) 252-0175 E-mall: ldenteh~bellsouth.net DB Real EState/RREEF Investment Managers Consultant · Continue relationship with DB Real Eatate/RREEF Investment Managers de.~a~'bed below. DB Real Estate/RREEF Investment Managers (September 2002 to June 2003) Pice Presideng Research Spearheaded the recent integration of DB Real Estate and RREEF real estate research. · Analyze market and submarket conditions for existing RREEF industrial and office properties on the East Coast. Forecaste rents, supply and demand for valuation purposes · Provide market analysis for RREEF acqalsinus on the East Coast · Provide real estate research to ~he DB Real Estate Meaannine Fund i)en~ehe Bank, AG (May 1998 to Septemhar 2002) Vice President, GIob~d Real F~tate Research Covered and analyzed regional and real estate conditions across the United States. Wrote detailed intm'anl and published repom for clients and bankers covering every major metropolitan area in the US and every property sector. Advise real esate, asset management, credit and private client divisions of~he bank. · Primary author of 20 published repons, distributed to thousands of clients and investment banks across the globe (see addendum) · Discussed real estate cond/t/ons with clients on a regular basis · Opening speaker for 2000 Deutsche Bank REIT conference in Amsterdam, Holland · Guest speaker at 2002 ULI conference in Kansas City · Guest lecturer in the NYU Real Estate Institute graduate school · Quoted in Financial Times art/cie concerning the outlook for NYC Lehman Brothers, Inc. (August 1996 to May 1998) Financial ,~nalyst, Public Finance Group Structured and executed tax-exempt and taxable financings for a wide var/cry of municipal clients, including Arizona Department of Transportation, New York State Thruway Author/ty, Rural Utilities Cooperative, and Broward County School Board. · Created a model for refinancing of exiaiting debt for over twenty members of a large established rural alectfic cooperative to provide interest rate savings and create additional debt capacity · Participated in various oral presentation to municipal issuers · Introduced derivifive products such as CPI bonds, debt ~ervice reserve fund structures, and other finanicial mechanisms to various Florida issuers to manage asset and liability portfolios University of Pennsylvania Dual Degree Program The Wharton School, Bachelor of Science in Economics, Cum Laude, May 1996 The College of Arts and Sciences, Bachelor of Arts in Economics, Cum/.aude, May 1996 Cmnulat/ve GPA: 3.4/4.0 Awards: College Newspaper Business and AdvetX/sing Managers (CNBAM) 1995 - First place award: Best Business Training Program among college newspapers; Public Policy Career Development Award 1995 -One of thren recipients to receive a $1,500 grant from the Wharton School to gain summer experience working in the public sector. Pine Crest Preparatory School High School Graduate, 1996 Mar-01-04 lO:STam From-WASHINGTON MUTUAL CITY OF DEL,RAY ,BEACH BOARD .MEMBER Ai'PLICATION P OZ/flZ F-T86 RECEIVED MAR ' CITY CLERK 1993 2001 ~'~ITY OF DELRAY BEAGH -BOARD MEMBER APPLICATION Please tTpe or print ~e ~ollowiag iu£ou~tlo~ 2. Hom~ Address: 3. Legal Residenc~, City State Zip Code 4. P~qcipal Business Address: City State - Zip Code 5. HomhPhone: - Busin~ssPhonc: E-MailAd~lress: .., CellPhone: .Fax; 7. ?h~t Bo~d(s) ~r¢ ygu int~esFd in se~ing? Pleaselist ia o~act o£pr~£er~: ~ 8. List ~dl City Boards on which you are currendy serving or liave previously setw~d: (Please include dates) 9. Educational qualifications: ~0. List m~r ~ted professional certifications andliccnscs which you hoid: H. Give your present, or most totem u,ploycr;and positiom 12. .... Desczibe expenences, sbqk or knowledge which Clarify you to serve on this bo~mt: (Pkase ~ch a brief resume)' I hereb~ ce~i~ that all the above s~me~ts are mae, a~l I aagr~ and undex'smnd that my missmtemem of material xxmtain~ ~ d'fi.s,~pp]ic~ti}~n may cause fotfeimxe upon my part of any *ppointmem I may Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the da~e itwas submitted. It will be the applicant's responsibility to ensure that a current apl~c~i AUG j ~t 2[}03 CITY CLERK Received ¼ar-08-02 01:00pm from S61 243 377& ~ BR[WER ARCRITECTURE 03,"08/0Z ~Rl 12:18 F&X 561 243 377¢ Cl~f ~LER~ BOARD MEMBER APPLICATION 2001 page Please tTpe o~ Ftlnt r~ foilowin~ in£o~6ou: , 6" ~e yoa, re~tered voter? k ]~ ~ If so= ~ are you teg~redP ~ I 0 ]. ~ _ 7. Wl~a, Board(s) ~e you intere,ted in ser~-i,~$? Ple*;,e tiK in otd~ of pzef*~nce: 10. Lest m~y related pto£tssional certifications and licenses which 7o~ h~d: t ~} 'G~e youz prc~g or most rcCegt ~mPloyet. a~d ~'~¢~o~: J L~ . - ' ~ ..... ~ ' e dateitWas ' N~rc: Ihs ~pphcafion w~ ~*hi on file Lq ~e O~ O.tk S O~ce for a pe~d of 2 yea~ fi'om ~uY,~i~ed. I t ~R be the a~cant's zeSpooaib~ toast'at a ~t gp~fion b o~ ~e. -- CITY CLERK 5yqqS" 1993 2001 CITY OF DELI?AY BEACH BOARD MEMBER APPLICATION .Please t~e o~ p~L~t thc follo~iu State ' C~,~ , H~w I~ ~ ~/~ ~~1 ~ 8. ~sc ~ Oq' Bo~ds on w~ch ~u ~e ~,~dy ~ ~ h~ ~,;~ ~: ~sc ~d~c ~es) ~0. ~st ~y ~t~d pmfes~o~ ce~s ~d ~c~es ~ you b~d: ~ ~ y~s ,~ ~ /~~ ,t~ Ii, f, ~~ _ RECEIVED s~o~ JUL 2 ~ 2003 RESUME FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER 04 Yrs) REA-I-TOR: COLDWELL BANKER REAL ESTATE (22 YRS) (mulfimillion dollar producer) PRESIDENT: MERRITT PARK HOME OWNER'S ASSOCIATION (4 yes) BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRAY (2 YEARS) MEMBER SW/NW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMMITTEE FOR THE NW/SW REDEVELOPMENT TASK FORCE) MEMBER DELRAY LOOP a. CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b. WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING OF LOOP-PICKING UP GARBAGE IN SW/NW SECT/ONS c. WORKED AT DELRAY FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCEMENTS OF THE FOLLOW ING WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMMITI~E FOR TI-IE M]'LAGRO CENTER. ~'*""~"ct CITY OF DELRAY BEACH 993 · ' info~,~ofion: 2. Home Address: 4; ~ B~%ss Ad~s: O~ Su~ ~ ~e S. Ho~e Phon~: ' B~ess Phonei ~ Ad&ess: ~ Phone: F~: 6. ~t~ you a re.stewed voter? ._ _ If So wh~c ~e ~ou ~t~ed~ NOte: ~ ipptlcadon ~ tempi. Un file in't~e City CIedi's Office fbt-a ~£3 s,e~s ~ ~e ~te it was ~ov = 7 ~nO~ CITY CLERK FRO~.I : CHRIS'TIHFt ~IEta2~g3 F,C,~ HO. '1993 200~ CITY CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION bllowi imCo~rn aH, 2. Home Address: , State Z~ Code 10. ~st ~y r~a:~ pm~?si~c~ao~ ~d ~c~s~ w~ch yo~ hol& 11. G~your p~s~ ~ most recur submirtecl It will be the " · for a -- - . applicant s rcspcmaibiliv/to e,ns,a~c tixar a .......... ~ riae, ¢ it was ,-,,,o.~..u~ ax~FulCa~on ~s on ~;-~_ RECEi~,~,~, FEB I ~1 200t, P. ITY CLERK FFL'OI'I : CI-~,ISTIHiq MODac~,I?~DttO FAX 140. : O(~'JG~D~D Fc~. ~ _-J~D4 12:~-J~AI1 P3 CHRISTINA MORRISON, CPM BAC~KGROUND DATA Christina Morrison is a Licensed Florida Real Estate Broker and a Certified Property Manager (CPM). She has been active in the real estate industry for over 23 years; Iaea' areas of expertise include acquisitions, development, change of use and conversions, property management, sales and leasing, training, and all phases of real estate marketing. Chris is currently a Broker-Assodate with Balistreri Realty in Delray Beach, Florida, specializing in condominium, waterfront, and investment properties. Until July, 2001, Chris was the Director of Property Management for tlie Southern Division of the Pem~sylvania Real Estate Investment Trust O°RE1T), a publicly-traded company based in Philadelphia, Pennsylvania. Her duties induded the supervision of apa~'latent portfolios ranging from 2300 to 3100 units in several states, the successful re- development of three apax I,.ent properties, and the authoring of the company's Policies and Procedures Manual and various training semi. rs on Leasing, Fair Housing and Safety. Prior to joining PRE1T, Chris was National Marketing and Training Director for RegentT Windsor Companies, an apa~ tu,ent development and management firm based in Veto Beach, Florida. Chris' responsibiIi~es with Regency Windsor i.nduded the analysis, development, and coordination of marketing activities for all properties managed by Regency Windsor, encompassing over 12,000 ap~u talent homes in eight states, the development and implementation of various training programs for all Managers and Leasing Col~sultants, and the design and implementation of marketing and leasing campaigns for two new properties. From 1991 until 1994, Chris was Director of Property Management for First Montgomery Properties of King of Prussia. Pennsylvania, overseeing the management and leasing of over 3,900 apa~tutent and condominiunx units in four states. Chris is a graduate of Penn State University and is a Past Director and President of The Institute of Real Estate Management, Delaware Valley Chapter. She is currently President of IREM - Southeast Florida and a member of the Governing Coruxcil for The 'Institute. Chris is also a national instructor and trains Property Managers and other Real Estate professionals throughout the country. She is also an active member of the Realtors' Commercial Soc/ety of Palm Beach County. In her spare time, Chris donates her I~me to the Deltay Beach Food Bank and Caring Kitchen and enjoys traveling, scuba diving and the Southeast Florida lifestyle. FROH : P]IIES OF 03;'06/0£ WF~ 16:53 FAX 56] ','.13 3??4 DELRAt' 199~ 2001 Fi:iX It0. : 5612,~664 C]?Y CL.E~K I'lar. 07 ~ 10:44AH P2 -- CITY OF DELRAY BEACH BOARD MEMBER APPLICATION i7. Sta~ Z~p il. ~ivc yo~ p~es~ng c~ most rec.~t employe, t, Ired po~c.:on: RECEIVED NAR - 7 2002 CITY CLERK DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Ple~e ~pe or p~nt the £o~lo~g 1. I~tN~mle:.Nut5 , 3. Leg~ Residence: City State Zip Code 4. Principal Business Address: City State Zip Code iq, : Jec l Soc 5. Home Phone Business Phone E-Mail Address: Cell Phone Fax: 6. Are you a registered voter?- RI ~ S I£ so, where are you registered? 7. What Board(s) are you interested in ~erdng?. Plcas¢ list in order o£ l~eferea~ ' 8. ]gist ~1/City Bo~ras o, ~Jch yo, ~¢ ct~rendy s~z~,g o~ h~ pm,io~sl~ ~e~ (PI~e ~cl,d¢ 10. List any related professional cetfifl~fions a~2d licenses ~hich you hold: 1. Gi~e yot~ present, o~ urost r~:em employez, ~od posit/on: 2. Det~ribe experiences, skills or lmowlFdge ~aich qualify You to serve on this board: (Pless¢ auach a bde£ hereby certify that ~ll the ~l)ove stlal;~lclIB :aI~ Il'Re, al-la I ~ and andersmd that any misstatement Of lllatelial facts contained m this application g~a¥ cause forf~ure upon my part of any appointment I n}ay receiye.. Note This appUcat/on 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. AUG 0 1 2O03 GITY CLERK 10. List any related professional certifications and licenses which you hold: Series 7, 1997 Series 63, 1997 Life and Variable Annuity, 1997 florida Real Estate Brokers License, 1982 Florida Mortgage Brokers License, 1996 12. Describe experiences, skills or knowledge which qualify you to serve on this board. As you can see firom my n~_.ched resume, I have extensive real estate and mortgage business experience spanning over the past 19 years. My experience has afforded me a vast amount of knowledge regarding both ~sidential and commercial real estate 0rends. Additionally, I am a five-year resident of Delvay Beach in an established neighborhood and I have an interest in the direction out community is talcing I feel that my knowlodge, experience, skill~ and interest in Delray Beach will serve me well as a member of the Plannin~o and ZoninE Boar& sUMMARy: JEFF NURGE 618 Eldorado Lane Delray Beach, Florida 33444 561/278-3299 (Home) 561/756-4370 (Cell) Over nineteen years in the morvg~g¢, real estate and financial services industries. Strong analytical, dec, ion makin~ problem solving and sales qualifications. Resourceful and creative with ~xcellant communication and interpersonal skills. PROFESSIONAL EXPERIENCE: SENIOR LOAN OFFICER February, 2003 to present GMAC Mortgage Corporation, Boc~ Raton, Florida. Involved in all aspects of mortgage loan or~nation~ Responsibilities include talcinE loan applications, obtaining and reviewing credit reports, communicating with bon'owers regarding progress of loan process ~md attending closings. SENIOR LOAN OFFICER October, 2001 to F~u~y, 2003 Sunbelt Lending Service~, Boca Raton, Florida. Involved in all aspects of mortgage loan origination. Responsibilities include taking loan applications, obtaining and reviewing credit reports, communi _co6ng with borrowers ~,arding progress of loan process and attending closings. FINANCIAL SPECIALIST Maxcl~ 1998 to October, 2001 First Union National Bank, Delray Beach, Florida. Responsibilities included outside solicitation for business loans, including installment, lines of credit and consumer loans (equity lines and second mortgages): Inside solicitation of existing customer base for bank and investment products, inclusive of mutual funds as well as fixed and variable annuities. iNVESTMENT REPRESENTATIVE May, 1997 to January, 1998 Edward D. Jones & Co., West Palm Beach, Florida. Full service brok~age so-vices including a wide variety of stocks, bonds, mutual funds and annuities. Spe~aliTed in two areas: off~ring rcti~mcnt plans to ~mnll business owners and portfolio management for retirees. Prospected by means of door to door Conta~ cold calling, m~ilinE~; and 8oninnrs. LOAN MANAGER/VICE PRESIDENT 1986 to 1997 Savings of America, Dade County, Broward County and palm Beach County, Florida. Manm3ed staff of thirteen employees, nine r~ommlssioned sales personnel and four in-house staff Community Lending Officers with combined yearly loan volume of $80 million. Managed overall loan production, quality and profitability, oversaw sales conanliants and hsndled employee seleetion/eval-s6on. Mm~ged all administrative and operational functions for the convectional loan office. Executed and ensured compliance wi& &e Association's Fair Lending programs. Managed &e loan solicitation staff to ensure professional and knowledgeable representation of the Association's products to customers. Provided Iraining, motivation, sale~ stlpport and coIlnseling with regard to production. Reviewed, analyzed and evaluated loatl applications and supporting financial doecmects for conventional resl estate loans on one to four-unit residential properties. F-n~au~d compliance and applied the Association's lecding policies to the underwriting standards of the subject properly, equity and the bon-ower's ability and willingness to Additionally, a) undcr'~ok fl~e r~mnin~o of the lecdinE O~ce afio- the loss of significant sales force and profitability; b) hired additional sales l~rsonnel, ~wsincd support staff and improved ovorall morale; and ¢) increozed profitability to an abov~-indnstry standard of return un assets of 1.52% after 12 months of sustained effort. BROKER SALESMAN 1984 to 1986 Coldwell Banker Reside~a*l Real Esmt~ S~rviess, ~ Florida. Atca~ged residential real eslate sales. Initiated sales presentations for listings and negotiated purchase agreements. Prospected for customers nsmg telephone, mail and direct medium Assigned corporate relocation propeaies which elltalled work-up of mm'ket analysis complete with copy and photographs for sales to public. EDUCATION: Bachelor of Business Admini~'wation, Florida lntern~onal Uuivctsity, Miami, FL, 1984 LICENSES: Series 7, 1997 Series 63, 1997 Life and Variable Annuity, 1997 Florida Real Estate Brokers Licunsc, 1982 Florida Mortgage Brokers License, 1996 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Plesse I~/pe or print the following inform.tiom ~ Home Address: State Zip Code 3. I~gal ll~sideac~ City State Zip Code 4. Principal Business Address: City State Zip Code S. Home Phu.¢: Business Phone: I ~-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? c/,'~-~ If so, ~here ~c you registered?' ?. What Board(s) are you -:.at~.,~,,¢d in sexving? Please list in order of preference. 8, List all Cie3- Boards on ~vhich you are currently serving or have previously served: (Please include dates) 10. List any related professional certifications and licenses ~vhich you hold: 11.-Give your present, or most ~c~a~ employe~, and position: 12. D~ca4be ~v..:.a.~, si611s or lm,,-~'.~ ~t.:~ quail0 you m ~ on Oai* board: (P I brief resume) lt' ' ~f~tha allth ~e~lclls~'~sndunder~landtt~t ymias~wn_ fins submitted. It will be the applicant's responsibility ~o ensm'e ~t~t'lrc'Vuieht ~p~licafion is on file. JUL 0 7 2003 CITY CLERK , PROFILE ~nlor technology Indu.~l~r e~cect*U~ with extensive management ~o)erlence In o~up, ~d- sized and large eo~ornfinn~. Proven ~'ack record ~ opel-a~ol)o, lll~-kc~i~. ~ate~lC Investmc~ts ~r~ Intema~onal business. Major s~cnglhs Include tcc~oio~ appll~flon. PROFESSIONAL EXPERIENCE and e-conunerce solutions for the small business marketplace. President & CEO - Archlferf ISP/~P s~ces ~d opt-In marke~n~ I)ro~rams. Deve]oD~ business plan. led w~tura ~apltal at high v~h~a a~d secured major lntem~llonal nxarkeflng pa~crs, hunched field tests wi~ lln~tcd marke~g resource, prov~l Iht ~lanclal business model, received lndust~ reco~on for ~e small bus.ess value proposition ~d positioned ~e company for an acqulsl~on or merger. . ~Rlparian Inc., Deh-ay Beach, FL 11996-1999) - Computer Technology and Market Research ~ Co~npany. PresJdent & CEO - Co-founded the company to research and combine small-bush~e.~ cu~lomer requirements with emerging teclmologles to facilitate usage of the Intemet. computer systems strategic parhlers, secured fi~ndh~g mid expanded operaUons. Zenith Data Sys]ems {ZD$J. Chica~!o, Il (1903-1996) tlPaollyow~ed subsldtaryofpubllcly held Group Bull of Fl'mice with worldwide PC. Se~e~' and ~oftware sales of $1.4B. Executive Vice President Worldwide Product Group - Reported to Chah~nan smd CEO. to 2.5% nf revere ~ and eXp~Lnd~iih~pr, eduot ll~-o-~roaC~,k, ~crgcra ~-~.q~-lll,, ,s:"le~,-,'ea~d ........ rev~luc~ by 35% ~ual]y w~le red~ ~clng I~nit p~c~. Imre~ed ~oz~ ~r~o by combl~ng volunle pm'chases ~th s~ateglc p~e and ln/Unflng a co--on paris s~ate~ acro~6 muiuple pr~uct ll~cS, ZD$ moved II~l units .~hlnnedl fi'nm n n~ml-~,,~. 1 ~ .-~r,l~*~,~ of top l~o,-oor, o,i oo,~F.,t~.~ ~o,~p~s~,~o in 1992 to number 8 In ] 993 and In 1 .q.~-~ ~-hlewed prollt~blllty ~z~l,er yeGro of major ]ooac~. Culnulus CORD.. Cleveland. OH (1990-199~) - Private. mld-®lzed computer company cn~aEed computer systems. D~d F-. b'COnn, or - Page Vice Pre.~ldenT.. Operatlnn~ - Repo~d to CF~. mnnag~ mulfl.-loc~Uon enginee~ng, ndg. and. rev~ue, profit and invento~ ~n%s. Rev~ue increased from $53M to ~250M In ] 8 mon~s by ~andtng thc product linc and lmpr~ng product avall~bll~ ~rou~ ~upplicr U~on cmp~gn ~d ptep~r~ an Initial Public Offing ~th M~ L~ch. ,~;hcvltR~bol Inc,I Dccrflcld l~co. cb. FL (1986 1900) Public. Scll3onllutl~ OldnouL cou,p~xly. development and Europear~ Sales and MarkeUng. Transformed ttie concept ufa S~l£~Ciicckout Recruited by IBM from Northwestern Electronics lnsUtute in Minneapolis. Minnesota tO. begin a {,'~l'~f h~ CtJ~tvlllCl' [~llJdfl~flllK, Product Dc¥clvUlll~ll( Mid l~U~iliC~a Mana. Eelnent, After wa~ given ~c opportunity ~ manage 1BM's most cxclUng busfncss. ~'.nt~r .q_ystem~ Dtvl=ion. ~oc~ R~ton. Fl- (1990-19~G} Ry~,tern~ Maria. ger. I~.ntry 13usJnc~$. Directed product d~dopm~t, marketing a~d manufacturing of IBM's $1.000 to $3.000 Business ~'ca fl~al was responsible for over $5B In an~ relatea Duslilesses. 'l~cl~olo~ selecUon, s~ateglc namware aha ~oltw~e par~ers. invcntow ~ansl~on pl~s. product launche6, lnt.~'l~it!onaJ r~laUo!l~b]l>S and IRM ~oard ~po~s ...... were key areas of responsiblR~es. SI ~NIFI ~ANTI' r/~0 Oh,"_ i'T'I ON I13M Coroos'~l c Excellence Aw~-d for the development of the IBM Person.aZ Corn.miter. Management Excellence of the IBM PCJr. program. Elltnk Colporaiton. Ripanan Incorporated. ZDs ExecuUve Committee..Advisory Board - Center for Employment Tralrg~g. Nort~v,-esterri Ele¢lfoidc,,~ ],sUtule. Minn.. ~ - ASSociate De~ee In ~l~.tronlcs T~hnolo~ Florida Afl.Ut Unlx-eFoIW. Boca ~ton. FL - ~ng/~stms Graduate Classes ~ecu~ve progrmns ~t Sm~ord. Ha~rd, ~m~ ~d IBM F~b 14 04 02:33p BiC Ed ' 199~ 2~01 CITY CLERK 561 2?G-G092 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION p.3 ~00z ,zim the follo~it i~,,-~-6olg 5. ' Home ~onc: Bu~es~ P~nc: ~ ~&~s: ~ Pgou~ F~ lO. ~st ~ ~t~ pmfessio~.~fi~' ~d bc~e~ ~ you hold: ~otz: This application ~ gamin on ~le in the City Oetk'~; Ofifcc f~r I pc~iod of 2 y~ from th~ date st =fas ,ubmitted. It ~ be thc ~alalic~nt's l~lao~sihilitY to ~ that · ~.~.~t ~ppli,~io~ is o~ fi~. Feb 14 O~ 02:33p Bi~ Ed 5G1 276-60~2 p.2 Brief Resume for Ed-Ostrowski I am now retired since 1993, after spending almost five years in Hong Kong, where I was President, Chief Operating Officer and Executive Director of a large British company (13,000 employees) having operations in Asia, the Pacific Basin, Europe, Canada, Mexico and the U.S. During that period I served on numerous other U.S. and Foreign Corporate boards. Prior to that I spent 31 years with IBM in numerous management positions at many different locations, most notably Engineering Management of the first IBM Personal Computer here in Delray. I am presently Financial Director for the SeniorNet Board at Bethesda Hospital, Boynton Beach, Vice-President of my Condo Association board, and am finishing my last term on the Delray Beach Nuisance Abatement Board. I have also served as a volunteer Parking Enforcement Specialist at the Delray Beach Police Department for almost nine years. My desire is to put my management and organization skills to good use on any working city board. I have lived in Delray Beach since 1981, have proudly watched the city mature and would like to be a more active participant in its continuing growth. February 14, 200 1993 2001 CiTY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following infomaafion: 2. _Home Address: ' State Zip Code 3. Legal Residence: a City ~ State Zip Code ~t/4.~Ptincipal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ,~.~ ' 6. Are you a registered voter? If so, where are you ~egistered? ..iWh~stBoard(s) arg.ay, ou interested in s~rving? Ple~.e list in order~of~pgeferenc~: o -.. . 84~I~t all Cip, Board~ on which you are currendy servine or have nreviously served: ~Please ind'ude dates) 9. Educational qualifi~fions~; . t any related professional c,ertifica~ons an~d licens~ which you hold: 121~ ~Descfibe expefien.ces,'skills °r kn°wledge which qua~fy~gu to serve on tl~is boa.~d.~d_: (Please, attach a brief resume) I ficreby certify that all the abovtgstatements are true, and I agree and understand that any misstatement of material facts co..~.~n~ed.~ ~ this application may cause foffdture upon my part of any appointment 1 7y rec~' application will remain ~ ty Clerk's Office for a period of 2 years from the date it was submitted. It will be the al~ll~.t'~refi~i~sibihty to ensure that a current ap licafion is on file ' -- - '., &uu,J ~P vcn'~c~wo.,am~uc^~o. . fi) Im . CITY CLERK -' THE INTERIORS GROUP BOCA RATON * MIAMI Michelle Reich P~sident and CEO The Interiors Group After graduating from the New York School of Interior Design in 1972, Micbelle Reich spent much oftbe 1970's as a residential designer and interior merchandisor in New York and Chicago with Childs/Dreyfuss. In 1980, Childs/Dreyfuss transferred her to Boca Raton to open the firm's Florida branch. A year later, she made her first venture on her own with Palmer/Stuart Interiors, named for herself and her husband Stuart, then a successful architect and builder/developer in South Florida. After winning numerous local and national awards, her talent and success caught the eye oftbe Los Angeles based Design One. They offered her a position as first President of their Fort Lauderdale satellite office. Working with Design One, Michelle built upon her expertise in interior design and model merchandising. Michelle quickly developed a name for the internationally recognized firm, taking it from one to 15 employees in less than three years - and quickly gained a personal following in the area with her signature trademark designs. In 1985 she broke away and opened The Interiors Group~ Over the past 17 years the company has grown both in reputation and size to become the leading interior design firms ~ought by major builders, both locally and nationally. The award winning company now boasts 35 employees including one of the most highly talented creative teams in the design industry, a new corporate office in upscale Boca Raton and a satellite office in Miami. The success and reputation of The Interiors Group is a result of Micbelle's keen understanding of the entire building process. Michelle believes that the design process begins before ground breaking and that is why Builders and Developers come to her in the initial stages of development for her architectural expertise and critiques that give their product a cutting edge before construction even begins. This is one of the unique services offered by The Interiors Group to help promote the philosophy that merchandising is the foremost marketing tool for builders and therefore deserves a strong eye for detail to insure that the builder is reaching the targeted market. Additionally in the past five years, she has created a new concept for the Builder's '~Design Center', that creates an inviting and accessible design source that assists both the builder and their clients in completing the home buying process. Michelle Reich is helping builders and develop .e~s sell the American Dream, the attainable American Dream. Not only do her designs spark imaginations and inspiraticms for targeted lifestyles, but she also emphasizes memory points in her interior design to complete the package for the builders and developers to make selling or leasing their product that much easier. She has defined design trends and often sets the industry standards, which she feels, have contributed to South Florida's leading the nation in cutting edge design. REGEIVEE: FEB - 6 200 CITY CLERK THE INTERIORS Gaoue BOCA RATON * MIAMI January 30, 2003 Karen Scbell, Executive Assistant Office of the City Clerk City of Delray Beach 100 N. W. First Avenue Delray Beach FL 3344a. Thank you so much for sending me information on the City of Delray BeaCh Boards and Committees completed and enclosed the application form. Karen, it goes without saying that I would love the oppommity to become involved with the progress and growth of my newly beloved hometown of Delray Beach. I feel that after almost thirty years of my involvement with the housing and development industry, I can bring to the table the knowledge I have acquired which has been so instrumental in the success of my own business. ffyou require any additional information please contact me at any time. I look forward to hearing f~om you soon. Please stay in touch. Warm regards, lVlichelle Reich President Enclosure RECEIV.EL FEB - 6 2003 CiTY CLERK JUI¥1:_:-0"2 :~E[~ !.~:21 A~ F'0bl?AII~) ['.EACH [,'LDtl [~E?T ~A][ ~t0. ~954 7:36 4677 BOARD MEMBER APPLICATION 1993 2001 the followin i 2. HomeAd~css: 3. ~ Residence: 4. P~dpfl Bus'ess Ad'ess: ~ SUte 71p C~e 5, Home Phone: Bus.ess Phone: : E-M~ Ad.ess: C~ Phone: Fax: T. ~t Bo~d(s) ~e you ~t~ested ~ te~g? Please ~st ~ orde~ ofpref~enc~ fl, ~st ~ Ci~' Bo~& ~n w~ch you ~e ~en~y ~e~'mg or h~ve pr~oufly ~e ~[~e ~dude ~tes) ~0. ~st ~y ~ehted p~ofe~io~ c~fi~nons ~d ~censes w~ch you hold: I l, G~e yo~ preseng or most recent employer. ~d position: con.ed ~ ~ ~ ~pp~d~ ~)' ~use fo;fdic ~oa my p~ of~y ~p~m~t I ~y ~c~e tm: This applicadon64~l rer~,n on file in the City C [ ye responsibility to ensure that a curtent, aP. tLli~fion is on file. submined. It will be the applicant's -c~'[-- 0 I~(~ RECI:: IV_~-.. I~ rcrrrc~,.~w~oo, wm~,c^'no~ JUN 1 3 200Z P©MPANO BBACH BLDG. DEPT FAX NO. 954 756 4677 JEP. OME SANZONE 200 MACFARLAIqE DR DELKAY BEACH, FL. 33483 ' (561)243-3299 March, 198% June, 1986- March, 1989 June, 1984- June, 1986 June, 1980- June;1984 April, 1978- August, 1980 October, 1986- April, 1979 Augnst, 1965- October, 1966 February. 1963- August, 1965 April, 1960- December, 1962 February, 1960- February, 1963 June, 1959- September, [959 OUTLINE ILESUM E City of Delray Beach 100 NWIa Ave Delray Beach, FI. 33444 City o f Oakland Park 3650 NE 12~ Ave Oakland Park, FI. 33334 City of pompano Beach 141 SW l~Ave Pompano Beach, Fl. 33060 Self-Employed P.~ 2, Box 816 Pompano Beach, FI. 33067 General Development Corp. 1111 South Bayshore Dr Miami, Fl. 33131 American Plywood Assoc. PO Box 11700 Tacoma, WA. 98411 Rinker Materials 805 N. Railroad Ave. West Palm Beach, Fl. Lindsley Lumber Co. Steel Diuision Dania, FI. Security Planning, Inc. First National Bank Bldg. Miami, FI Dade County Highway Design Section C & C Construction 613 Tabor Place Investor Plaaniug Corp. 60 E 42'a S~eet New York, NY Building Official Building Official Assistant Building Official General Contractor Dilcctor of Prinmry Housing Sr, Intema~onal Field Services Representative Eng. Coordinator Field & Fabrication of Projects Estimation, Detailing, Field Supervision, Customer Relations Sales Representative Estimator & Designer Eatiniator & Designer Jlllt-l'::-I'~:' WEL, "'"'~ .a ...... "; "-" 4677 .... .q. _~, :~M P0},ff').R0 BL.u.H ['.Lb~J. [~EF'T L'-;'.X ~{'._'~. .%4 ;,?., .IEROME SANZONE 200 MACF-~dt-L6.1qE DR. DELKAY BEACH, FL. 33483 (561) 243-3299 ou'rLrlq E RESUME (COblT'D Sept. 1958- New York Cit)' Conmmnity Jan, 1960 College 300 Pearl St. B rooldy~ NY Sept., 1955- Sept., 1958 June, 1954- Scpt, 1955 United States Am,iy Levy & O'Kee f 171 Madison Ave New York, NY Conslructio]~, Tech., ABS Degree Corp of Engineers Mechanical Design PROFILE Dale of Birth; Marital Status: General Health: Military Service Cer6fication: School: 'Organizations: August 27, 1936 Married Excelleot US Army Coops of Eng. - Honorable Discharge, 1955-1958 Florida State General Conixaciurs License #CGC-007690 Certified by the Department of Professional Regulations in the Following areas: Buildh~g Code Administrator; Structural Plans Examiner and Inspector; Electrical Plans Inspector; Mechanical Plans Inspector Plumbing Plans Inspector C.A.B.O. Cer6fied Building Official #923 Florida Board of Buildixig Code and Standards Cecfficate #111 Building Officials Association Building Code Dixector Certificate #147 South Florida Building Code Bui[ding Official, Chief Strttctural Inspector and Plans Examiner NYCCC A.B.S. Degree in Constxuction Technology Florida Atlantic Builders Association Chainnan of Affordable House Conm~.ittee Govenm~ental Affairs Committee Builders Association of South Florida Co-Chairman of Technical & Const~x~ction Commiitee Consmtction Specifications I.~stiture Building Officials Association of Florida JU~t-13-O'" '~Et~ 9:24 .a.~f Pi)ll[?.~tO BE.-&H BLtiG. DEFT ~AX 110. 954 ~,?-' 4t, 77 p. F, JEROME SANZONE 200 MACFARLANE DR DELI:kAY BEACH, FL. PROFILE (CONT'D) Boards: Btoward County Construction Industry Liceusing Board Paint Beach County Building Code Advisory Board Palm Beach County Fire Code Advisory Board Fire Code Board o£Adjustments and Appeals $BCC£ By-Laws Committee SBCCI Code Interpretation Conmalnee SBCCI Existing Building Code Committee SBCCI General Design Conmalttee BOAF Resolution Committee Palm Beach County Hurricane Retrofit Conmaittec Patm Beach County plumbing, Elec~ical and Mechanical Review Cormaaittee Italian, Spanish, lapanese and Latin ]EROME SANZONE 200 MACFARLANE DR DELILAY BEACH, FL. 33483 ~CLIENT US Dept of Agriculture National Homes, Inc. gyan Homes G.D.C. Heller, Weaver & Assoc. Genstar ITT Northwood Industries MarChem Everglades Chenfical MCI-Carter Coating C.A. Marando Florida Division of Law Enforcement CONSULTING ACTIVtTY Set up constxuction con~anies to build mass housing and train Personnel in Venezuela, S.A., 3 projects started. Acquire product approvals for theh' system under the SBCCI and SFBC. Analyze and solve construction problems. Analyze and solve construction problenu. Evaluate buildings for condo conversions. Developed site plan for planned community in S. Dade Evaluated structures at Pah'n Coast iat Bmmell, FI. Approved as expert witness in American Arbitration and Federal Court. Analyze and solve problems of construction applications. Advised on marketing of consteaction pmducu and gained code approvals. Advised on marketing o£construction products artd gained Code approvals. Advised on marketing of construction products sad gained Code approvals. Advised on marketing of construction products and gained Code approvals. Advised on marketing of construction products and gained Code approvals. Analyze, invesligate and evahlate projects as ,.veil as testify as An expert witness for the Cot~truction Fraud Case JEROME SANZONE 200 i'vlACFAR.LANE DR. DELRAY BEACH, FL. 33483 PROFESSIONAL ASSOCIATIONS American Concrete Institute (AC[) American Institute of Timber Construction (AITC) Building Officials Association of Florida (BOAF) Building Officials Association of Palm Beach County (BOAFPBC) Building Officials and Code Administrators (BOCA) Construction Specification Institute (CSD Council of American Building Officials (CABO) International Cont~rence of Building Officials (ICBO) Southern Building Code Congress International (SBCCI) PROFESSIONAL CERTIFICATIONS Broward County Board of Rules and Appeals: Building Official/Plans Examiner Building Officials Association of Florida: Building Official/Depatmnent Director Council of American Building Officials: Building Official Florida Association of Plumbing-Gas-Mechanical Inspectors, Inc. State of Florida, Department o f Business & Professional Regulation: Building Official/Code Adn'dnistrator, Plans Exanfiner, Inspector State of Florida, Departtu~nt of Business & Professional Regulation: General Contractor State of Florida, Florida Board of Building Codes & Standard~: Building Official RELATED INQUSTRY ACTIVITIES Building Association of South Florida: Co-Chairman, Construction & Codes Committee 1980-81 Chairman, Palm Beach County Fire Code Advisory Board 1990-94 Chairman, Palm Beach County Fire Code of Appeals & Adjustments 1990-94 College of architects, Engineers & Surveyors Seismic Committee 1968-73 Low Cost Housing Committee- Puerto Rico 1963-68 President, Building Officials Association of Broward County 1987-88 President, Building Officials Association of Palm Beach County 1994-95 Southern Building Code Congress International By-Laws Committee 1992-93 Southern Building Code Congress International Code Interpretation Committee 1994-95 Southern Building Code Conference International Existing Building Code Commitlee 1995-97 Southern Building Code Conference International General Design CommRtee 1997.Present mt By: RANDEE S SCHATZ~PA; 581 833 1881; Nov-13-01 3:38PM; DI:I It~ 8~CH CITY OF DELRAY BEACI. BOARD MEMBER APPLICATIOI Page 212 5chatz 2. ~om~ Ad~ 935 .J~sm~ne Dr. 220 Sunrise ~venue ~209 [ Cir~ Palm WaffLe Randee Delra~ Betach city Reach ICon Phon~: FL 1%£ I. Zip Cod~ 33483 Zip Code- Zip Code FL 33480 IFax: 561-833-188 I 6. Arc y,,u a ~:giste~e~l vot~t~ If so. where ave you Plannin~ and Zonin~ ~fl~ a ~r~ld ~_~_ I am c~rrently ser~zn~ a~ Cha~rnermon of tho a~& h~re been twice elect~Zas Cbaitn~r~on- hr mr f~llov board' members 9. E~ca~n~ q~ficafion~ B.s, - Education; J.D. 1978 I0. List m]y related professional cet~ifi, cadon~ amd Lic~c$ ~,hich you hol& i am a licensed attorney in the ~tate of Florida and CoLumbia as well as a licensed real estate Il. ~h,e~your pr~cnt, et most zec~t ~mp~I~. ~d posido~ Randee S. Schatz, P-A., owner/attorne~ the District of 12. Describe experiences, sk/lla or -knowledge w}ti& qualify you ¢¢ s~ve 0, this bo~d: (Please at~ach a brief resume) In addqt~,,n tn la~av~n~ ~r~,! ~,,,___ various boards which ore related .re areas affected by planning and zo,,it~g issues, my law practice has had a large &~phasis on real estate transactions including planning and zoning matter at bach a municipal and county wide leveI. con c~cd in ~is zpp~cauon may ~use fod~¢ u~ my p~ of any ~oM~t I may z~ive. ~rot~ ~ 2pp~cafioa ~ r~ ~ ~ m ~ ~ Cl=k's Office ~c a pcdod of 2 sub~acd. It ~ be ~e app~mt's ~poa~%~ to ~m ~at a ~¢n[ app~aon is on flit. RECEIVED NOV 1 3 2QO1 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t ,tint the following inform~tiom 2. Home A~s:~ S~ ~p~e 3. ~ R~d~c~ O~ State ~p ~e 4. P~d~ B~s Address: O~ State ~p ~e 5. Home' ~e~ Bu~s Phon~ ~ Ad~s: ~Phone F~: 6. ~e you a r~st~ vo~? %* o If so, ~e~ ~e you ~stered? ~1. GNe ~ p~sm~ or most ~t ~ploy~, md ~Sifion: I h~by ~ ~ ~ ~e a~ve s~t~m ~e ~q md I ~ ~d red.md ~ ~y ms~mnt of mat~ ~m ~n~ ~ ~s apportion may ~e foffd~ ~ my p~ of my ~t I may ~e. SIG~A~ - D Note: This applicatiOn will remain On file in the City Clerk's Office for a period of 2 years from the date k~s submitted. It ~ be the mpplicant's responsibility to ensure that g current applic, ado~~m~ AUG '-$ 2003 CITY CLERK Christel Silver 278 E Coral Trace Cir Delray Beach, FL 33445 Tel: 561-274-8153 Fax: 561o243-1390 Cell: 561-302-9773 Education: High School Diploma at Scquoia High School Redwood City, California as Exchange Student from Germany in 1960 High School Diploma at Fritz Kamen Schulc in Berlin Gv~many in 1963 Graduate f~om Law Academy in Berlin in 1966 Admin_i~hator of Justice fxom 1966-1985 working at the Court Houses in Berlin, Essen, and Essen-Borbeek, Gexmany Real Estate Schools in Maryland, Washington DC, and Florida Licenses: Associate Broker in Maryland #81131 s'mce 1985 Realtor In Florida # 60690952 since 2000 Certified Residential Appraiser in Maryland # 7102 since 1991 Notaxy Public in Maryland from 1986 until 2001 Fair Housing: Member of the Fair Housing Committee at the Montgomery end Frederick Association of Realtors 1990-2001 Chairperson for the Fair Housing Committee in Montgomery County in 1995 Member of the Interagency Fair Housing Coordinating Group 1995-1997 Wushin~on DC HUD Task Force member for Fair Housing Voter status: I am a resident alien in the process of applying for my Naturalization looking forward of becoming a registered voter. Membership: Greater De]ray Beach Chamber of Commerce German American Chamber of Commerce International Business Council of Palm Beach County Association of Realtors Membership Committee of Certified Residential Specialist (Chairperson of the Florida Chapter) Christel Silver , ]Date I~LIRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print thc following information: 1. Las~ ~qame': Name M.L Stanley Thomas M. 2. Home Address: City State ! Zip Code 29 N.E. 4th Avenue Delra¥ Beach FL 33483 3. Legal Residence: City State Zip Code 932 Kokomo Key Lane Delray Beach FL 33483 4. Principal Business Address: City 'State Zip Code 29 N.B. 4th Ave Delray Beach FL 33483 5. Home PhonE: Business Phone: E-Mail Address: Cell Phone: Fax: 561 266-5989 561 276-6363 tomstanley@bellsot :~.6nle~62-4111 561 276-8881 6. Are you a registered voter? If so, where are you registered? Yes. 932 Kokomo Key Lane, Delray Beach, FL 33483 7. What Board(s) are you interested in serving? Please list in order of preference: Co--unity Redevelopment Agency, Planntn~ and Zonfn!. SPRAB. D(Zwntown Dev. Auth. 8. List aB City Boards on whkh you are currendy serving or have previously served: (please include dates) None 9. Educational qualifications: B.A. Princeton University; J.D. Florida State University I0. IJst any related professional certifications and Hcenses which you hold: Member of the Florida Bar, Real Estate Arty 11. Give your present, or most recent employer, and position: MacMillan & Stanley - Attorney t2. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief re~ume) See Attached I hereby certify that all dsc above statements are true, and I agree'and understand that any misstatement 'o~material facts contained in this anvlicafion may_.~e forfeiture upot5 my part of any appointment I may receive. qote: This applicatio~main on file in the Ci~yClerk's Office for a period of 2 years from the date itwas submitted. It will be the applicant's responsibility to ensure that a current application is on file. MacMillan & Stanley 29 N.E. 4th Avenue Phone 561 276-6363 Deb'ay ~each, FL 33483 Fax 561 276-8881 E-mail ton~'tanley~bellsouth .net Thomas M. Stanley 1995-1999 · 1999-2002 Princeton University Florida State University Princeton, NJ Tallahassee, FL Professional 1997 - Summer Law Clerk 1998 - Summer Law Clerk Searcy, Denney, Scarola, Bamhardt, and Shipley West Palm Beach, FL Office of the State Attorney West Palm Beach, FL 2002 Leon County Circuit Court Tallahassea, FL Judicial Clerk 2002 - Present Attomey MacMillan & Stanley Delray Beach, FL Member of the Florida Bar; American Bar Association; Delray Beach Chamber of Commerce; Council of 100; Boca Raton Estate Planning Council; Palm Beach County Bar Association; Delray Beach Historical Society; Member of Real Property and Probate section of the Florida Bar; Member of City, County, and Government Law Section of the Florida Bar;, Member of Elder Law Section of the Flodda Bar I was bom in the Delray Beach area and was a 1995 graduate of the Atlantic High School International Baccalaureate Program. I have a vested interest in the growth of Delray Beach as a downtown landowner and businessman, I feel that my skills and knowledge as a real estate attorney and Delrey Beach native will bring added depth to many of the City of Delray Beach developmental and review boards. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following informafiom 2. HOme Address: -- ' State Zip Code 3. ~ Residence: Ci~ I State Zip C~e 4. P~nd~ Busbe~ Ad.ess: Ci~ S~te Zip 5. Home Phone: Busbcss Ph~e: ~ Ad&ess: Cell Phone: ' F~: 6. ~e you a re~stered Voter? If So, where ~e yog re~s~ered? 8. ~st ~ Ci~ Bo~ds on whch you are ~enfly se~ or have pr~ous~ seine& ~l~se ~dude date0 10. ~s[ ~y r~ted p~f~ssion~ [~ca~o~ ~d [Cens~ w~ch you hold: 11. Give [o~ presenh or most r~ent em~lo~, md posifiom 1~ ~ Des~ exam,es, s~ or ~owled~ wh~ q~ you t° seine on ~s ~d: ~l~se am~ g brief resme) j' j , ~ · -, ,0 ' '~ 0' ~ ' i h~eby ce~ ~at ~ ~e above statements ~d ~ ~s appHcafion ~y muse foffei~e u~n my p~ of my ap~ent I may ~e. SIGNA~ DA~ Note: This application ~ 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 I~l~ir~l~tion is on file. l m s zooa ~ITV ~1 FRK Ronald W. Sullivan · 400 Sherwood Forest Drive Delray Beach, FI. 33445-3872 ° Phone: 561-499-8114 April 22, 2003 City Clerk's Office City of Delray Beach 100 N.W. 1'~ Avenue Delray Beach, FL 33~.4~. Re: Board Member Application Dear Ms. Schell: Enclosed is my completed application for Board Member, City of Delray Beach. I am also attaching a copy of a recent resume with probably more information than you need. I have been a resident of Palm Beach County for almost 8 years but just moved to Delray Beach last year. Please let me know if you need additional information. Ronald W. Sullivan RONALD W. SULLIVAN 400 Sherwood Forest Drive Delray Beach, FL 33445-3872 Phone: (5~1) 499~8114 E-mail: mcsullivan@aol.com SUMMARY Landscape Amhitect / Land Planner with extensive background in teaching; in public practice; and in private practice in land planning, project management and computer applications to the planning and design process. EXPERIENCE Senior Planner (2/02 to present) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL Senior Planner with the Zoning Division, Development Review Committee (DRC) Section. · One of two senior planners supervising the work of 4 planners, a zoning technician and 3 secretaries in the performance of their duties related to the DRC plan review process. · Share management responsibility of the DRC plan review process. · Continue to serve as County staff representative on Northlake Boulevard Corridor Task Fome. Senior Planner (2/97 to 2/02) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL senior Planner with the Zoning Division, Beard of Adjustment/Concurrancy Section. · As head of the Concurrency Section, responsible for management of the concurrency review process and for supervision of a planner, zoning technician and secretary in the performance of their duties related to concurrency review. · Responsible for overseeing the on-call and reception functions for the Zoning Division including supervision of a planner and Receptionist. · Serve as County staff representative on Norfhlake Beulevard Corridor Task Force. Site Planner II (Mid 1995 to 2/97) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL Project Manager/Site Planner with the Zoning Division, Development Review Committee. · Review land development plans, site plans and master plans for land development projects located within unincorporated Palm Beach County and work with applicants to bring these plans into conformance with Palm Beach County Unified Land Development Code requirements. · Assist applicants in the preparation of these plans for submission to the Development Review Committee for final site plan approval · Review applications for building permits. · Prelect Landscape Architect (6 mOnths) Short term position with local land development consulting firm working on preparation of proposals and on a variety of land development and subdivision projects. Landscaue Architect /Proiect Manaqer (8 years) Associate / Studio Manager (4 years) Derck and Edson Associates, Lititz, PA Major landscape architecture, land planning and engineering firm in southeastern Pennsylvania with a staff of 16 Landscape Architects and 5 Civil Engineers. · Responsible for introduction of computers to the firm in 1987 and for selection, acquisition, implementation and management of hardware/software systems for accounting, computer-aided design, engineering computations, project management and word processing. · As project manager, worked with clients, peers, other professionals and local and regional reviewing agencies in the planning, design, approval and implementation of a wide variety of projects. · As studio manager, guided and directed studio of 3 landscape architects, a civil engineer and a draftsperson in the planning, design and approval of subdivision and land development projects prepared using CADD. Associate P~0fessor of Landscape Architecture Kansas State University, Manhattan, KS (9 years) Taught courses at both undergraduate and graduate levels in site planning, design and resource analysis. · As coordinator of the graduate program in landscape amhitecture for 4 years, administered the program, recruited and advised graduate students in one of the top accredited graduate programs in landscape architecture in the country. · Maintained a full program of consistently high caliber students during a period of generally declining enrollment at the university. LandscaDe Architect Consultant Bureau of Land Management (6 months) Three month executive appointments to Wyoming and Alaska state offices of federal land management agency. · Conducted a study of off-road vehicle use on public lands in conjunction with Landscape Architects and other professionals in the Wyoming State Office. · Worked with BLM Landscape Architects in Alaska to develop a methodology for visual resource inventory and analysis of a 15 million acre resource area in northwestern Alaska. Resultant report used to modify the existing BLM manual section on Visual Resource Management. Landscaoe Architect ! Park Planner Texas Parks and Wildlife Department, Austin, TX (6 years) Involved with all phases of resource-oriented park planning and design through the agency that administers the historic and recreation parks in Texas. · Suporvised planning professionals in preparation of 15 state park master deveiopment plans for units of the Texas State Park System. · Helped develop a system of resource analysis adopted by the Department for planning stata parks and authored a booklet describing the process. · Coordinated a team that developed a state perk system plan for Texas and procedures for implementation. Landscape Archite~t RoY H. Seifert and Associates, San Diego, CA (1 year) Small landscape architecture and land planning firm. · Design on a vadety of projects ranging from county park master plans to site planning for a nuclear power plant to pdvata residential landscape design. Navy (3 years) Served on two western Pacific tours to Vietnam end was involved in the initial stages of the pull-out of troops from Vietnam. · AS Communications Division Officer, responsible for all communications on 10,000 ton amphibious ship in the western Pacific as well as the security of all top secret material, equipment and communications. Supervised 2 junior officers, 2 chief potty officers and 20 communications specialists. · Directed ship maneuvering (command Duty Officer) when entedng and leaving pert, replenishing at sea and dudng battle conditions. EDUCA~ON Master of Arts in Sociology, Kansas State University Master of Science in Community and Regional Planning, University of Texas (Austin) Bachelor of Science in Landscape Architecture, Iowa State University PROFESSIONAL Registered Landscape Architect, Current #1598, State of Florida Registered Landscape Architect, Current #501, State of Texas (Uniform National Exam) National Certification by CLARB #616, Current Member, American Society of Landscape Architects #023973 Past Registered Landscape Architect, State of PennsylVania (9 years) Past Registered LandSCape Architect, State of Kansas (9 years) H:\W PDATA~RO~TESTms.doc DEtRA¥ BEACH 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: Last Name: Home Address: City State Business Phond: (~:>[) Midc~Initial ~iP Code_ Z~ip Code ,'Please include dates) o 10. Give yogi present, or mo.st, _r~en~.t employer, an~d position: List any related professional certifications and licenses which you hold: I I. D~ribe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ' ! hereby Certify that all the above statements are true, and I agree and understand that any misstatement-of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. SIGNATURE DATE Icrc: 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 t~~nt application is on file. CiTY CLERK 12:19 5G12727950 TU~ lo:45 FAX 561 2¢3 3774 YOIJI [3ROS$ 'C*.~P. DE[ IAL & CIT~ CLERK CITY OF DELRAY BEACH BOARD .MEMBER APPLiCATiON 1993 2001 PAGE 02 "-~.~¢~d...? · ubmitmd. It ~ ~] for · l:~fiO~ of 2 y~rs fzom ~c ~ it ~s JUN 2 ~ 2003 CITY CLERK 06/24/20031-.1_~' q £~_~¢.A TION.. 8183 . 5/B6 8/76. 5/78 i~t,S-rR~JZlO.~I$~ September 1~ - Pre~nt ~ril 1~8 - eptem~r 1 ~9 August 1995 - ,~ril ~gg8 July 1988 - AUgust 1995 June 19B6 - July 1988 5612727950 ANDREI~ J. YOUNGRO$S 636 We~t Drive Delray Beach, Florida 33445 (561) 276-0274 Florida Atlantic University, Boca Raton, Florida Bachelor of Science, Electrical Engineering BAs.tOward Community College, Coconut Creek, Florida ociate of Ar~ Degree E.I.T. - October, 1991, PIt Georgia~1997, PE Florida 1997, PE Alabama 1997, California 200;', Virginia 2002~ SoutJl Carolina 200~'. P/~E 03 Yeungross, Cat, anal & Associates, Consulting Encjin~,~el,S LLC, Delray Beach. Florida (561) 276~0274 President Youngc~ss & Associates, Consulting Engineers, Delray Beach, Florida (561)-276-0274 Presi~lent As president of Youngross & Associates, I oversee all design documents and coordinate all work in the office. I continue te perform site investigations, meet with clients and design electrical and mechanical systems. R.A. Kamm & Associates, Inc. Boca Raton, Florida (561)-995-8656 Project Manager, Principle My respor~ibilities at R.A. Kamm & Associates inc uded, site investigation of existing as-built conditions, cons~uction cost estimation, power distribution design, stand'by poWer generation, power Stud es. submittal approvals, lighting calculations andlayout design design of automat c f re a arm andsmoke detection systems, and f eld inspections. Othe~ responsibilities included project management and electrical department I'~ad. Blakely-._War~J-Stuckey of Florida, Inc., Pompano Beach, Florida (305)-781-8422 Design ~- ngineer My responsibilities at BWS include, site investigation of existing as-built conditions, construction cost estimation, power distribution design, stand-by power ge.ner, a~.'.on, C.A~. Maintenance, power studies, submittal approvals, lighting calculations ar~ layout oesign design of automatic fire a arm and smoke detection systems, and fie d inspections. National Security Agency, Fort Meade, Maryland ProjeCt Engineer. D~sigri Engineer Leadership Communications Systems Department: Digital hardware design engineer for a digital desktop te!ephane. The stu~ a.n.d implemer~ation of various encrypfion modules for use in microprocessor app,caflons. Offic.e of. Faculti,es E.ngin.earing: site investigation of existing as-built condit ons, c..o.n..strucflon cost estimation, power distribution design, Ioadcenter sub-stations, ~ drafting, power studies design of automatic fire alarm and smoke detection systems, light ng des gn and field inspections. ~_L~.E.~ NFPA. FES, IEEE TO: FROM: SUBJECT: MEMORANDUM MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM #~- REGULAR MEETING OF MARCH 11. 2004 APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD DATE: March 5, 2004 Board members Edward Ostrowski, Jr. and Joe Williams term will expire on March 31, 2004. Mr. Williams is eligible and would like to be considered for reappointment. Mr. Ostrowski has fulfilled two full terms and is not eligible for reappointment. Ms. Susan Kay and Mrs. Eileen Marks are both alternate members and would like to be considered as a regular member. Both vacancies would be for a two year term ending March 31, 2006. The Nuisance Abatement Board was established by Ordinance No. 5%96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisance on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, oxvn a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following have submitted applications and would like to be considered for appointment: John Bennett Bernard Federgreen Susan Kay Jayne King Eileen Marks Joe Williams Retired Attorney Operations Director Case Manager (currently an alternate) Educator Retired CSR/Banking (currently an alternate) Ministerial/Landscaping (incumbent) A check to confirm all are registered voters was completed; all are registered. A check for code violations and/or municipal hens was conducted. None were found. Based on the rotation system, the appointments will be made by Commissioner Costin (Seat #1) and Commissioner Archer (Seat #2). Recommend appointment of two (2) regular members with a term ending March 31, 2006. CITY OF DELRAY BEACH BOARD M.~MBER APPLICATION .% ~R~sidcncc:6..,a,,..,.~ Ci~' Sutc 4. P~6pzl B-?l,',ess .Add~css: r ~ SU.t~ 'Zip 5. l-lomc Phone: ~usincss Phone: F.~MitlLi'~a,'css: Cell Phone: ]~so, ~berc. arc you t~istc~: Wha~ Bo~l(s) a~e you interested m serving. Please list m,~der. Of~ Note: This application ~ remain on ~e in thc City Cler. k~s ~ ~d~ flx~n the date h wis .submincd. It ~ bc the applicant's reslx)nm*bility to ensu~ [~at'=~ ~z~n~al~llcttionis on file. OCT. 1 2003 OlTY CLERK ]oma C. W. BEIq~ETr 137 SEABI~EET. E AVEh~E DELRAY BFACH, FL 33483-7017 COMMUNITY ACTIVITIES: Beach Property Owners' Association (Trustee 1999-present; Vice President 2001,2002) Progressive Residents of Delray (PROD)(Director 1999-present; Vice President 2000; President 2001-02 E.P.O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 199%2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: 1995-present, retired attorney (U.S. Navy Judge Advocate) 1974-1995, naval officer with a variety of assignments involving law and policy 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL EDUCATION: Formal: LL.M., Law & Marine Affairs: University of Washington 1981 J.D.: Georgetown University Law Center (Editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 Continuing: Leadership Delray Beach 2002 PROFESSIONAL AFFILIATIONS: District of Columbia Bar (Inactive) American Bar Association American Society of International Law SPECIAL QUALIFICATIONS FOR SPECIFIC BOARDS NEIGHBORHOOD ADVISORY COUNCIL: · Active for past several years in the affairs of my neighborhood association (Beach Property Owners' Association) · Active for past several years in broader issues of concern to neighborhoods throughout the City through membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community through service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF ADJUSTMENT & NUISANCE ABATEMENT BOARD: · Extensive experience during my Navy career with applying regulations to specific cases. Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising adjudicatory authorities. · Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION infonmtion: 1. l. aI~Namc: _ Name 5. Home Phone: Bu~ess Phon~ ~ ~ss: ~ Pbgc: F~: 6. ~c you a re~st~ed Vo~? ~ I~o, wh~ ~ ~s~ ~/ 10~ ~s~ ~y ~b~eg p~fes~o~ ~g~s ~ ~c~ses ~ ~u hold: 11. G~e yo~ p~s~h or most ~t~ 1~, ~ ~fio · . - Note: This application will remain on file in the City Clerk's O~ce for · peliod of 2 yeah ~rom thc date it was submitted. It will be the applicant's ~'esponsibiliry to e~surc that a cun~nt application is on file. FROH : KR'Y' FRX IqO. : 5614951-_-'87 Sep. 1.1 2003 e~.:22Pl'l P2 1993 2001 cITY OF DELRAY BEACH BOARD MEMBER APPLICATION Ple~e tTpe or pdnt the f'ollo~g infotmadom 1. Last Name: K~//, Legal Residence: 4, Principal Business Address: 5. Home Phone: Business Phone~ 6. Are you a registered votex?¥~/.~,~_ City F~bLail Addec~s: LCcll Phone: Code State Zip Code State Zip Code 10. List a~y related professional certifica6ons ~d licenses ~hich you hold: 11. Give yom pteaent, ormost x~:ent employet~ynd position: 12. Describe .e.~[:w.~icoces. ski]h or kno~vl~x]~ which ~ yo. m s~v~ on ~ ~ ~1~ .~ ~.c,~c) con~ ~s apph~ ~u~ fotf~ u~n my p~ of ~y ap~h~t I may ~ve, Note: This applicafon will remain on file in the C. itT Clexk's Offie~ for a p~iod of 2 yeaxs from the date it was ~ubmitted. It will be the applicant's responsibility to ensure that a current application is on file. SEP 1 2 2003 FROI.I :KA'f FAX HO. :5614951287 Sap. 11 2003 84:22PM P3 Susan ,.9. Kay MS, CCM, CDM.$ 2571 Haml~on Circle Nortl% Delray Beach, FL 33445 Phone: (561)..495-7848 Faxz (561)-495-1287 Qualifications: · Exlemive experience in ali aspects of disebil~'ylcase nmm&emem. * Proven talents in sales, customer service, walnia8 and teaching · One of top 20 mdea managers in eational manlq~ed cato comply (160 U.S. office~) for 1996. Professional Erperlenca: * 2002-presort: Medical vocational cass manager/consultant for work~"s compensation carriers. · 1999- 2002; Vocational and medical case mansger for CorVel Co~p. in Coral Springs, FL Cue manager for worker's compensation carders/customers. 1997-1999 Case Manager, Novae, on, Inc., Maitland, FL Comracmal consukanr 1o assist Injuredfdl workers rarum to productive lifestyle and work. * 1989-1997 Acennnt Sales Manager, CKAManaged Care, Inc.. Boston, MA Sales and marketing of mmmged tare ~ervtcea and cost containment services to the insurance indunry in multiple states, Called on and s~rviced worker's compensation carriers, auto insurance cartiere, and large adf-iasured cempani~. Gained knowledge of~ate regulaficms ia Florida and Now Jersey. Implemented lergemanaSed care programs for worker's compensation s~ross stale of Florid- · 1989-1995 Medical end Voe~tlnnal Case Manager, CRA Msnsffed Care, Bo~ton. MA Carried case load offllea of injured workers for worker's compemation carriers while providing customer service to major carder accounts u market r~prtaenlative_ 198%1989 Client g~r~..iczs Rep~se~tative. Rcsponaib~fi~ ~dud~ id~g ~ ~8 ~p~op~ate p~g~t ~ f~ ~e r~ab~tafioa u~ oflhe he.itel. implememed welln~s pro~s, employ~ ph~i~g ~g s~. etc. to Io~ compares. 1982-1987 Rehabililation Cor~ukant, That Work Inc. Ddivered ~ management servleea to iniu~d work~rs and auto ac~:ident victims at the request of the tnsu~nce canters. Assisted in their cl~tms resolution in a timely and coat effective manner. Marketed these semites to the insurance carders and to large self- inst,red companies. Independent Vocalional Expert Witness for Social Seaidty Adminis~ralion. 1986.1987. 972-1984 Brookdale Community Coflege, Linerolt, NJ, Adjunct Psycholo~ Instructor sad Career Set-ices T~t Administrator. Education: · M.S. Degree in Vocatlomd P.~ilimloa, West Virgh~ Uaiversity, Wv'. · B.S. Degree in Serial WorldVocational Rehabilha6on, Penn Slate University, Credentials: · FL Rehabilitation Provider License gWCI001260 · Certified Casa Manager, #00635 valid through 2003. · Certified Disability Menageraent Specialist,/104076 valid through 2006. · Certified Rehabilitation Counselor, ~¥6-150, (pa~t), US D~paruaant of Labor, Longshore, Itathor Worker's and Federal Employees Compens~ion Act, · Vocational Expert Witlleas for Social Segutlty Administration. 1986-1987, J'acksonville. FL Computer Skills: · MicrosoR Word, Excel, Power PoinL Imernm £Xl~ai~mc~. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Note: This application ~ ~main on ~le in the Cit~ from the date it was submitted. It ~ be the npplicnnt's re~pon~ty to ens~a ~j~q~licalion is on ~1~ CITY CLERK 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2. Home Adc~ess: C,i C~ ~. ~ ~dence: ~ / ~ 4, ~dp~ Bu~ss Ad.ess: O~ 6. Are you a re~stered vote~? If So, wh~e ~e you ~stered? . 8. ~s~ ~ ~- ~o~ on ~ch you ~e ~~ o~ ha~ p~0U*~, i~e& ~. ~u~on~ qu~B~: IZ ~be ~c~; s~ill, ~ ~owl~ ~ q~ you W a~e ~ ~ ~ ~se a~ a ~ef~s~e) c~ed ~ ~ append~ m~Y ause f~d~ my p~ of~y mp~t SIGNA~ ' - Submitted. Itwill be ~4 ,pPiicant's ZespomibiliF tO ~s~re tiu[-¥ctt~¥eEg {pph"c~on is on ~e. NOV - 7 ~B0? CITY CLERK pELRAY BRACH ~ CITY OF DELRAY BEACH IIII. BOARD MEMBER APPLICATION 19~3 2001 / ~ ~c~/ r. ~.~d=~: · , ~ { s=~ ~-~/ 5. ~o~e Phone: Bu~ess Phone: ~ ~ss: ~/Ph~c: F~: V~/~ ,. ~,~o,,~,=,~,o~ ~ ,.o..~.~.~o~ ~ ~ 8. ~t ~ 0~' Bo~ds on ~'~ch ~u ~ ~' ~ ~ have ~ ~ ~se ~de ~s) .... lO,~t ~)' r~te~ pmf*s~c~fi~dons ~ fic~ses ~ you hold: /~// u/~ /~ /~ /~,~. ~ .~~ ~//~~ / 6~ ~/c 9 Note: This application will remain on ~¢ h the O~ yc~'s fi~:)m thc ch',* it was submitted. It will be the al~cant's s~'ponsibility to ensm. e thtt s~cummt ~pplication h o~ file. OCT 15 2003 ~ ~ITV C:LI::RK MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # I ~ ~x - REGULAR MEETING OF MARCH 11. 2004 ORDINANCE NO. 13-04 .(PROPOSING A FOUR MONTH MORATORIUM ON ADULT ARCADE ESTABLISHMENTS) MARCH 5, 2004 This ordinance is before Commission for second reading and second public hearing amending Land Development Regulations proposing a four month moratorium on Adult Arcade Establishments. At the first reading on February 17, 2004, the Commission passed Ordinance No. 13-04. Recommend approval of Ordinance No. 13-04 on second and final reading. S:\City Cle-tk\ag~nda memos. Ord 13-04.Moratorium. Adult Arcade Establishments.03.11.04 TO: FROM: SUBJECT: DAV~.~(A~D~MANAG E R PAUL DORLING, DIRE~/OR OF PLANNING AND ZONING MEETING OF FEBRUARY 17, 2004 PROPOSED MORATORIUM ON ADULT ARCADE ESTABLISHMENTS. FOUR MONTH On December 15, 2003 the Planning and Zoning Board considered a conditional use request to establish an adult arcade amusement center within 4,200 square feet (three bays) of the shopping center at the southeast corner of Military Trail and Linton Boulevard. During the analysis of that request the issue of whether this type of use would be considered gambling or not was discussed. The applicant's accompanying narrative attempted to explain how the coin operated amusement facility met the definition of "Amade Amusement Center" as described in Florida State Statute 846.161. Pursuant to Florida Statute 846.161, an Arcade Amusement Center is a business that contains machines that operate by means of the insertion of a coin and which by application of skill may entitle the person playing or operating the game or machine to receive points or coupons which may be exchanged for merchandise only, excluding cash and alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed 75 cents on any game played. The "STOP" buttons described in the applicant's narrative are construed to be the skill, wherein, the operator decides when to stop icons on a screen. The statutes relating to prohibition of gambling are not applicable to facilities that meet this definition. Given the current regulations the City Commission approved the Spinners Arcade request at their January 6, 2004 meeting. However, similar operations in the State of Florida, more notably in the County of Sarasota are currently being reviewed by the courts to determine whether they meet the definition of Arcade Amusement Facility and ara therefore exempt from Florida's prohibition on gambling. If the courts find that the proposed machines are not exempt, the recently approved conditional use will become null and void. Given the ongoing legal review of this type of use it would appear prudent to implement a four month moratorium to allow adequate time for the courts to render their decision. The authority to implement such a moratorium is granted to a municipality under general home rule powers pursuant to Florida Statute 166.021. The Planning and Zoning Board considered the moratorium request at their meeting of January 26 2004. There were no public comments and after a brief discussion the Board voted unanimously (6-0) (Jess Sowards absent) to recommend approval of the Moratorium request. Recommend approval of a four mouth moratorium on adult arcade establishments. ORDINANCE NO. 13-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPORARY BUILDING MORATORIUM ON ARCADES AS FURTHER DEFINED HEREIN FOR A PERIOD OF FOUR (4) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUM; PROVIDING FOR PENALTIES PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, provides municipal services to its citizens, including regulation and licensing of businesses and issuance of permits; and WHEREAS, the City Commission has learned of certain activities related to "adult arcades" within the City of Delray Beach, being proposed or considered which activities would harm the City's economic and redevelopment activities and otherwise significantly and adversely affect the public health, safety, morals and welfare, said activities which may include forms of gaming or gambling which could lead to illegal activities; and WHEREAS, the operation of games of chance, those which require no skill in order to play, may result in illegal gambling activities; and WHEREAS, the City needs a period of time to address the different types of arcades and games utilized at arcades in order to determine the appropriate permitting criteria for each; and WHEREAS, this zoning ordinance is adopted pursuant to the C~ty's Home Rule Powers as set forth in Florida Statutes Chapter 166; and WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section 166.041 (c). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA: Section 1. TEMPORARY BUILDING MORATORIUM UPON THE ISSUANCE OF PERMITS FOR ARCADES. All activities relatin~ to the acceptance, review and action upon permit applis~tions for arcades are temporarily suspended in order for the City of Deltay Beach. through its officials and staff, to have adequate time and opportunity, to determine the adequacy of application criteria, standards and other approval processes related to the issue of said permits within the City. of Delray Beach. Based upon the foregoing, there is hereby imposed a temporary, moratorium on the review and action upon permit applications for arcades and game rooms. During the time the temporal. moratorium is in effect, the City. will accept no applications for petanits for the operation of arcades. Section 2. ARCADE. Arcade shall be defined as any house, booth, tent. room. shelter 9* any other place which permits any person to play a _earae on a machine for money or 91;her valuable thing. Section 3. GEOGRAPHIC AREA COVERED. A temporary, moratorium established in this ordinance shall be effective in the corporate and municipal boundaries of the City. of Delray Beach. Section 4. DURATION OF MORATORIUM/EXTENSION. The temporary, moratorium set forth in this ordinance shall take effect immediately upon the effective date of this ordinance and shall terminate four months after the said effective date. The City. will accept no applications which are sub!ect to the moratorium until the moratorium has expired. {b) The City. Commission may extend the temporary, moratorium established in this ordinance by enactment of an ordinance one (1) time for a period not to exceed ninety. (.90) days upon a finding by the City. Commission set forth in the ordinance that the problems ~ving rise to the need for the temporary, moratorium established herein continue to exist. Section 5. PENALTIES. Any individual, entity, or agent, who shall violate any pl:gvision of this ordinance or who fails to comply therewith, or with any of the requirements thereof. ~hall be fined in an amount not exceeding five hundred dollars ($500.00~ or be imprisoned for a period of not exceeding sixty. (60) days. Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD. NO. 13-04 Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading. of PASSED AND ADOPTED in rega~lnr session on second and final reading on this __ ., 2004. ATTEST: MAYOR CITY CLERK First Reading Second Reading 3 ORD. NO. 13-04 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ C) ~> ORDINANCE NO, 18-04 FIRE DEPARTMENTS". AMOUNTS AND ELIGIBILITY") - REGULAR MEETING OF MARCH IL 2004 (AMENDING CHAPTER 33. "POLICE AND PENSIONS. SECTION 33.62. "BENEFIT MARCH 5, 2004 This ordinance is before Commission for second reading and public heating to amend Chapter 33, '~Police and Fire Deparmaems", Pensions, Section 33.62, "Benefit Amounts and Eligibility", of the City Code of Ordinances, providing an enhanced multiplier benefit option for the Police and Fire Pension Plan. At the first reading on Februat3r 17, 2004, the Commission passed Ordinance No. 18-04. Recommend approval of Ordinance No. 18-04 on second and final reading. S:\City Clerk\agenda memo. Ord 18,04. Police. Fire Pemion. Enhanced Multiplier.03.11.04 [ITY OF DELRI1¥ BEI:I[H CITY ATTORNEY'S OFFICE DELRAY BEACH Al. America City TO: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM February 12, 2004 City Commission David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance No. 18-04 - Enhanced Multiplier Option for Police/Fire Pension Plan The ordinance allows the following for members employed on March 15, 2004: Election of 3.5% multiplier times the average monthly earnings for members who obtain 20 or more years of service subject to a maximum of 87.5%. The election must occur by April 15, 2004 and it will apply to all years of service, past and future. Those that elect the enhanced multiplier will pay an additional 3% over that paid for those that do not elect the enhanced multiplier. If a member does not elect the enhanced multiplier by April 15, 2004, they may thereafter elect an increased multiplier on service in the future if they contribute an additional 3% and may elect 3.5% on all or part of past service if they pay the full actuarial cost. 3. The election is irrevocable. If an eligible member elects the enhanced multiplier and attains 10 but less than 20 years of continuous service, they receive a 2 1/2% multiplier and are eligible to receive a refund of all additional contributions and amounts paid by them for the enhanced multiplier without interest. If a window is opened allowing an early retirement incentive and the member previously elected to participate in the 3 1/2 % multiplier for more than 50% of the total service (excluding the 2 additional years allowed under the retirement incentive window) they will also be Februa~ 12,2004 Page 2 allowed the 3 1/2 % multiplier on each of the additional two years awarded under the early retirement incentive window. Please call if you have any questions. Please place on the February 17, 2004 Attachment CC: Barbara Garito, City Clerk Larry Schroeder, Police Chief Kerry Koen, Fire Chief Harry Hamilton, HR Director Joe Safford, Finance Director Jim Tabeek, Fire Inspector Lt. Officer Vincent Gray Officer Charles Jeroloman ORDINANCE NO. 18-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", PROVIDING AN ENHANCED MULTIPLIER BENEFIT OPTION FOR ELIGIBLE MEMBERS; PROVIDING AN INCREASE IN MEMBER CONTRIBUTIONS FOR THOSE MEMBERS WHO ELECT THE ENHANCED MULTIPLIER; PROVIDING AN OPTION TO PURCHASE THE ENHANCED MULTPLIER FOR THOSE MEMBERS WHO DO NOT ELECT THE ENHANCED MULTIPLIER OPTION BEFORE APRIL 15, 2004; AMENDING SECTION 33.687, "EARLY RETIREMENT INCENTIVE", PROVIDING FOR APPLICATION OF THE ENHANCED MULTIPLIER TO THE EARLY RETIREMENT INCENTIVE; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.62, "Benefit Amounts and Eligibility", Subsection (B), "Normal Retirement Benefit", to read as follows: Section 33.62 BENEFIT AMOUNTS AND ELIGIBILITY. (B) Normal Retirement Benefit. (1) Duration, Survivor Benefits. A member retiring on his normal retirement date shall receive a monthly benefit which shall commence on his normal retirement date and be continued thereafter during his lifetime. Upon his death the full retirement benefit shall be continued to his_spouse for one year and sixty (60) percent of that amount continued thereafter until the earlier of death or remarriage. (2) Amount. Normal retirement benefits shall be in the amount of two and one- half (2 1/2) percent of average monthly earnings for each year of continuous service for employees with more than ten (10) but less than twenty (20) years of continuous service. Normal retirement benefits shall be in the amount of three (3) percent of average monthly earnings for each year of continuous service if an employee has attained twenty (20) or more years of continuous service, subject to a maximum of seventy-five (75) percent of average monthly earnings. Provided, however, that in no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. However, members as of the effective date shall receive at their normal retirement date (age fifty-two (52) regardless of years of service) the greater of the benefit provided by the formula above or fifty (50) percent of average monthly earnings. (3) Optional Enhanced Multiplier. (a) Notwithstandinq any provision of the System to the contrary, a member who is actively employed by the City on March 15, 2004, but who is not participating in the deferred retirement option plan (DROP), may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of avera.qe monthly earnin.qs for each year of continuous service if the member attains twenty (20) or more years of continuous service, subiect to a maximum of ei.qhty-seven and one-half (87.5) percent of avera.qe monthly earnings. Members electinq this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), and shall receive the enhanced multiplier for all periods of continuous service. An election under this subparagraph must be on or before April 15, 2004. (b) Notwithstanding any provision of the System to the contrary, a member who is actively employed by the City on March 15, 2004, but does not elect the enhanced multiplier in accordance with subpara.qraph (a), above, and who is not participatinq in the deferred retirement option plan (DROP), may thereafter elect a normal retirement benefit in the amount of three and one-half (3.5) percent of averaqe monthly earninqs for all future continuous service after makinq such election if the member attains twenty (20) or more years of continuous service, subiect to a maximum of eiqhty-seven and one-half (87.5) percent of averaqe monthly earninqs. Members electin.q this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by payin.q the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. (c) Notwithstanding any provision of the System to the contrary, a member who is hired after March 15, 2004 and who is not participatin.q in the deferred retirement option plan (DROP) may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of avera.qe monthly earnin.qs for all future continuous service after makinq such election if the member attains twenty (20) or more years of continuous service, subiect to a maximum of eiqhty-seven and one-half (87.5) percent ot 2 ORD. NO. 18-04 average monthly earninqs. Members electin.q this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. (d) The election to receive the enhanced multiplier under this para.qraph must be made in writinq on a form provided by the City. Such election shall be irrevocable. If an eligible member does not elect an optional enhanced multiplier under this para.qraphl or if an eliqible member elects the enhanced multiplier for only a portion of his total continuous service, then the benefit provided in paragraph (2) shall be used to calculate the benefit for all continuous service to which the enhanced multiplier does not apply. If an eligible member elects the enhanced multiplier and attains more than ten (10) but less than twenty (20) years of continuous service, the member's benefit shall be determined in accordance with paragraph (2), and the member shall receive a refund of all additional contributions and amounts paid for the enhanced multiplier, without interest. In no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. (3)(4) Upon becoming eligible for normal retirement, a member shall be one hundred (100) percent vested in his accrued benefit. Section 2. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.687, "Early Retirement Incentive", to read as follows: Section 33.687 EARLY RETIREMENT INCENTIVE. (A) Effective January 1, 1994, an early retirement incentive shall be provided to employees in accordance with this section. The availability of the early retirement incentive in any calendar year shall be determined by the City. (B) Employees with eighteen (18) and up to, but not including twenty (20) years of continuous service shall be eligible for the early retirement incentive. In any calendar year in which the City determines that the early retirement incentive will be offered, eligible employees shall be given an opportunity to decide within a specified time period (30 to 90 days) whether they wish to receive the early retirement incentive and retire from City employment. The City will provide at least sixty (60) days advance notice to eligible employees of the early retirement incentive offering. (C) Eligible employees who elect to receive the early retirement incentive shall 3 ORD. NO. 18-04 receive two (2) additional years of continuous service, under the System, and upon receiving such additional continuous service shall immediately retire and terminate City employment. Effective the first pay period after September 1, 1999, eligible employees who elect to receive the early retirement incentive shall receive three percent (3%) of average monthly earnings for each year of continuous service if the employee qualifies for the twenty (20) year (or more) normal retirement benefit. Eliqible employees who elect to receive the early retirement incentive on or after Mamh 15, 2004 shall receive three and one-half percent (3.5%) of averaqe monthly eamin.qs for each year of continuous service, or portion thereof, to which the optional enhanced multiplier under Section 33.62(3) applies; and if the enhanced multiplier is applicable to more than fifty percent (50%) of the employee's total continuous service, excludinq the two (2) additional years provided in this section, the employee shall receive three and one-half pement (3.5%) of avera.qe monthly earnin.qs for each of the two additional years provided in this section. The early retirement incentive program shall be voluntary for all eligible employees. The early retirement incentive shall not apply to sick leave, vacation or any other accruals or benefits. (D) An employee who elects to receive the early retirement incentive under this Section cannot also participate in the Deferred Retirement Option Plan under Section 33.685. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not operate to invalidate the remainder hereof. Section 5. That this ordinance shall become effective on March 15, 2004. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST: MAYOR City Clerk First Reading Second Reading 4 ORD. NO. 18-04 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # [ qlO_.. - REGULAR MRRTING OF MARCH 11. 2004 ORDINANCE NO, 17-04 (AMENDING CHAPTER 33. "POLICE AND FIRE DEPARTMENTS',. PENSIONS. SECTION 33.60. "DEFINITIONS") MARCH 5, 2004 This ordinance is before Commission for second reading and public hearing to amend Chapter 33, "Police and Fire Departments", Pensions, Section 33.60, "Definitions", of the City Code of Ordinances, clarifying the definition of earnings to include certain educational supplemental incentive payments and to exclude certification and other payments. At the first reading on February 17, 2004, the Commission passed Ordinance No. 17-04. Recommend approval of Ordinance No. 17-04 on second and final reading. S:\City Clerk\agenda memo. Ord 17.04. Po[ce,Fire Pension.03.11.04 [IT¥ OF DELRI:IV BEIIEH CiTY ATTORNEY'S OFFICE DELRAY BEACH ~imedca City TO: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM February 12, 2004 City Commission David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Police/Fire Pension Ordinance No. 17-04 Certification Pay The attached ordinance clarifies the definition of earnings and includes basic wages as well as state education, police basic education and police and fire career education compensation but not overtime, bonus(es) or other payments. Please place on the February 17, 2004 agenda for first reading. Attachment CC: Barbara Garito, City Clerk Larry Schroeder, Police Chief Kerry Koen, Fire Chief Harry Hamilton, HR Director Joe Safford, Finance Director Jim Tabeek, Fire Inspector Lt. Officer Vincent Gray Officer Charles Jeroloman ORDINANCE NO. 17-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.60, "DEFINITIONS", REVISING THE DEFINITION OF "EARNINGS" TO INCLUDE CERTAIN EDUCATIONAL SUPPLEMENTAL INCENTIVE PAYMENTS AND TO EXCLUDE CERTIFICATION PAY AND ALL OTHER PAYMENTS; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.60, "Definitions", to read as follows: Section 33.60 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. "ACTUARIAL EQUIVALENCE" or "ACTUARIALLY EQUIVALENT". This term shall mean that any benefit payable under the terms of the pension fund in a form other than the normal retirement pension shall have the same actuarial present value on the date payment commences as the normal retirement pension. For purposes of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using 7% interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five years in the case of disability retirees. "AGREEMENT". The written instrument setting forth the provisions of the retirement system. "AVERAGE MONTHLY EARNINGS". One thirty-sixth of the arithmetical average for the highest consecutive 36-month period preceding the actual retirement or termination of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consecutive 24-month period, as calculated prior to the effective date of this ordinance. "BENEFICIARY." The person entitled to receive benefits hereunder at the death of a member who has been designated in writing by the member and filed with the Board of Trustees. If no designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. "BOARD." The Board of Trustees which shall administer and manage the system herein provided and serve as Trustee of the Trust Fund. "CONTINUOUS SERVICE." (1) Uninterrupted service by a member (expressed as years and completed months) from the date he last entered employment as an employee until the date his employment is terminated by death, disability, retirement, resignation or discharge. (2) However, the continuous service of any member shall not be deemed to be interrupted by: (a) Any authorized leave of absence or vacation, provided all members similarly situated in similar circumstances shall be treated alike pursuant to uniform, nondiscriminatory rules. No credit for benefit eligibility for computation purposes under the system shall be allowed for any such period of leave of absence. (b) Any service, whether voluntary or involuntary, in the armed forces of the United States, provided the member is legally entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 and any amendments thereto, or any law applicable to such reemployment, and provided that a member shall apply for reemployment within three months following termination of such service, or as otherwise allowed by the Uniformed Services Employment and Reemployment Rights Act of 1994, and any amendments thereto. Nothing aforementioned shall serve to reduce the accrued accredited services of the members on the effective date of the plan. 2 ORD. NO. 17-04 (3) Continuous service shall also include, for reemployed members, those years and completed months for which the reemployed member had withdrawn his contributions to the Trust Fund, where the reemployed member repays into the Fund the contributions he had withdrawn, with interest based upon the plan's annual total rate of return for the pension funds, as computed by the actuaries or the City, for those years and completed months, within 90 days after his reemployment date. A reemployed member may also repay only a portion of the withdrawn funds with interest and receive a like credit for continuous service; however, repayments, whether partial or total, shall only be permitted once within the 90-day limit. (4) For members who are employed by the City on or after the effective date of this ordinance who have five (5) or more years of continuous service based on City employment, continuous service shall also include up to three (3) years of active service in the U.S. armed forces or full-time employment as a police officer or fireflghter with another governmental entity prior to employment by the City, purchased by the member in accordance with this paragraph; provided the member has not received and will not receive a benefit from another retirement plan based on such prior employment. Such a member may purchase continuous service under the plan, in years and tenths of a year, for all or a portion of the period of their active service in the U.S. armed forces or full-time employment as a police officer or flrefighter with another governmental entity prior to employment by the City, by paying into the plan the full actuarial cost of such continuous service, as determined by the plan actuary. Such payment may be made at any time after employment by the City, and must be made in full prior to entering the DROP or separation from City employment, whichever occurs earlier. In the event full payment is not made prior to such date, the member shall receive only the amount of continuous service, as determined by the actuary, for which the payment made, excluding interest, is the full actuarial cost. In the event a member makes payment for additional continuous service in accordance with this paragraph prior to attaining five years of continuous service based on City employment, and separates from City employment before attaining five years of continuous service based on City employment, such member shall receive a full refund of all payments made, plus interest based on the assumed rate of return of the plan. A member purchasing such additional continuous service must pay the full cost of any actuarial calculations required. Payment for the purchase of continuous service pursuant to this paragraph may be made using any one or a combination of the following options: Cash lump sum payment. Direct transfer or rollover of an eligible rollover distribution from a qualified plan, in accordance with Sec. 33.70. 3 ORD. NO. 17-04 Time payment plan. Under this option the member may elect to pay any remaining balance due for the purchase of continuous service through payroll deduction on a time payment plan over a period of not more than five (5) years, as approved by the Retirement Committee. Interest on such payments shall be paid based on the assumed rate of return of the plan. Payments deducted from an employee's pay shall be designated as employer contributions pursuant to Section 414(h) of the Internal Revenue Code. "EARNINGS." Basic wages paid to a member, includin.q state education compensation, police basic education and police and fire career education compensation, but excluding overtime, bonuses and any other nemcegula¢ payments. "EFFECTIVE DATE." April 22, 1974. "EMPLOYEE." All employees of the City classified as full-time sworn police officers, as defined on the effective date in F.S. Sec. 185.02, or classified as police officers in training, or classified as volunteer or regular full-time firefighters, as defined on the effective date in F.S. Sec. 175.032, but shall exclude all civilian members of the Police and Fire Departments, and the Police Chief and Fire Chief upon their written election not to participate in the system. "FUND." The Trust Fund established herein as part of the system. "MEMBER." An employee who fulfills the prescribed participation requirements. "SPOUSE." The lawful wife or husband of a member at time of retirement and death. "SYSTEM." The City Police and Firefighters Retirement System as contained herein and all amendments thereto. Section 2 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3 That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not operate to invalidate the remainder hereof. 4 ORD. NO. 17-04 Section 4 That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ., 2004. ATTEST: MAYOR City Clerk First Reading Second Reading 5 ORD. NO. 17-04 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~ ~b ORDINANCE NO. 16-04 POLICIES AND BENEFITS") - REGULAR MW. RTING OF MARCH IL 2004 (AMENDING CHAPTER 35. "EMPLOY~.W. MARCH 5, 2004 This ordinance is before Commission for second reading and publ/c hearing to amend Chapter 35, "Employee Policies and Benefits" of the City Code of Ordinances, Section 35.097, "Retirement Income: Basis, Amount and Payment" to provide additional optional forms of benefit. At the first reading on February 17, 2004, the Commission passed Ordinance No. 16-04. Recommend approval of Ordinance No. 16-04 on second and final reading. CITY OF DELRrlY BEACH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 5611278-4755 DELRAY BEACH DATE: February 11, 2004 MEMORANDUM Writer's Direct Line: 561/243-7091 TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: General Employees Pension Plan-Ordinance No. 16-04 This ordinance modifies the General Employee's Pension Plan by specifying the optional forms of retirement available for retirees and their survivors, and also allowing other optional forms, if the board determines the form is actuarialiy equivalent. Please place this ordinance on for first reading on the February 17, 2004 agenda. Attachment Cc: Barbara Garito, City Clerk Joe Safford, Finance Director Harry Hamilton, Human Resources Director ORDINANCE NO. 16-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", TO PROVIDE ADDITIONAL OPTIONAL FORMS OF BENEFIT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending subsection (E) of section 35.097, "Optional Forms of Retirement Income", to read as follows: Section 35.097 RETIREMENT INCOME; BASIS AMOUNT AND PAYMENT. (E) Optional forms of retirement income. (1) In lieu of the amount and form of retirement income payable in the event of normal retirement, early retirement, or termination of service as specified in subparagraphs (A), (B) and (D)(1) of this section, a participant or a terminated participant may, upon written request to the Committee submitted prior to the receipt of retirement income or benefits under the plan, aid subject to the approval of the Committee, elect to receive a retirement income or benefit commencing on the date specified in subparagraphs (A), (B) and (D),(I) of this section, whichever is applicable, of equivalent actuarial value payable in accordance with one of the following options: (a) Option '1. A retirement income of a modified monthly amount, payable to the participant for life, except that in the event the participant dies before receiving retirement income for a period of ten years, the same monthly benefit will be paid to the beneficiary designated by the participant for the balance of the ten-year period. (b) Option 2. -!-. A retirement income of a modified monthly amount payable to the participant during the joint lifetime of the participant and his or her desiqnated ioint pensioner. Under this option, the participant may, prior to retirement, elect a survivor benefit of 100%,, 75%, 66.66% or 50% of the participant's modified monthly benefit, which shall be '~""~"""+-'~ ;"~'-* .... ; .... ~.....,..;.... ,~.~ ,~....*h ..~ ..~*~.... cf *~'"~' *'"~ ,h~.,~o cf *~' .... *~" ........ * payable to the survivor for the lifetime of the survivor. Election of this option shall be null and void if the desiqnated ioint pensioner dies before the participant's retirement, unless the participant desiqnates another joint pensioner in accordance with Section 35.097(E)(2). The monthly income payable under this option to the participant and a joint pensioner shall not be less than the monthly income that would be payable under a payments certain to age 65 years and life thereafter from. (c) Option 3. In lieu of the other optional forms enumerated in this section, and upon the request of a participant, retirement benefits may be paid in any form approved by the Board so Ionq as actuarial equivalence with the benefit otherwise payable is maintained. ^'-" j ............................................. or . ,-,,-~, ,,.~ I-,I,~, (2) A participant, upon electing any option under this section, shall designate the joint pensioner or beneficiary to receive the benefit, if any, payable under the plan in the event of the participant's death, on a form provided by the Committee. The participant may revoke or change the designation of a joint pensioner or beneficiary at any time pdor to the commencement of retirement income or benefits, by submitting such change in writing on a form provided by the Committee. A participant may also change the designation of a joint pensioner or beneficiary after the commencement of retirement income or benefits subject to approval by the Committee, and in accordance with the following: (a) The participant must pay the full cost of determining the equivalent actuarial value of the benefit payable. (b) The consent of a participant's joint pensioner or beneficiary to any change in such designation shall not be required. (c) The amount of retirement income payable to the participant upon the designation of a new joint pensioner shall be actuarially redetermined, taking into account the benefits already received by the participant, and the age and sex of the former joint pensioner, the new joint pensioner and the participant. (d) Each designation of a joint pensioner or beneficiary shall be made in writing on a form provided by the Committee. (e) In the event that no designated beneficiary survives the participant, the benefits payable in the event of the participant's death subsequent to retirement shall be paid as provided in Section 35.100(A) of this subchapter. Ord. No. 16-04 (3) Retirement income payments will be made under the option elected in accordance with the provisions of this division and will be subject to the following limitations: (a) If a participant dies prior to his retirement under the plan, or if a terminated participant dies prior to the commencement of normal retirement income, no benefit will be payable under the option to any person, but benefits will be payable as provided in subparagraph (D) of this section. (b) If a participant's designated beneficiary or joint pensioner dies before the participant's retirement under the plan, the option elected will be cancelled automatically and retirement income in the normal form and amount will be payable to the participant upon retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this section, or unless a new beneficiary or joint pensioner is designated by the participant prior to retirement. (c) If both the participant and designated beneficiary die after the date the participant's retirement income commences under the plan, but before the full actuarial value of benefits under the provisions of subparagraph (E)(1)(a) or (c) has been received, the Committee may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 35.100(B). Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not operate to invalidate the remainder hereof. Section 3. That this ordinance shall become effective immediately upon its passage on second and final reading, except as to plan participants who are covered under a collective bargaining agreement. This ordinance shall become effective as to the excluded employees immediately upon the date of ratification and execution of a collective bargaining agreement or memorandum of understanding that includes the provisions of this ordinance. the PASSED AND ADOPTED in regular session on second and final reading on this day of ., 2003. ATTEST: MAYOR CITY CLERK First Reading Second Reading Ord. No. 16-04 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ C) ~ ORDINANCE NO. 19-04 - REGULAR MEETING OF MARCH 11. 2004 MARCH 5, 2004 This ordinance is before Commission for second reading and public heating to amend Chapter 36, "Finance; City Property Transactions", Section 36.11, "Defirdtions", to provide for definitions regarding design-build contracts and enacting a new Section 36.16 "Design Build Contracts". From time to time it may be appropriate for us to use the design-build approach for some consttucfion projects. We believe this w'fll be particularly appropriate for future parking garage construction. At the first reading on February 17, 2004, the Commission passed Ordinance No. 19-04. Recommend approval of Ordinance No. 19-04 on second and final reading. S:\City Clerk\agenda mem~\Ord. No. 19-04..03.11.04 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~'~ AGENDA ITEM # ¥'~.~- REGULAR MEETING OF FEBRUARY 17. 2004 ORDINANCE NO. 19-04 FEBRUARY 13, 2004 This is before the City Commission to approve Ordinance No. 19-04, an ordinance amending Chapter 36, "Finance; City Property Transactions", Section 36.11, "Definitions", to provide for definitions regarding design-build contracts. From trine to time it may be appropriate for us to use the design-build approach for some construction projects. We believe this will be particularly appropriate for future parking garage construction. S:\City Clerk\agenda rneano~\Ord. No. 194)4..0Z 17.04 lIT'/OF DELRfl¥ BEflEH CITY ATTORNEY'S OFFICE RECEIVED CITY ,~ANAGE? 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DATE: February 5, 2004 MEMORANDUM Wdter's Direct Line: 561/243-7091 TO: David Harden, City Manager,. Richard Hasko, Director of Environmental Services FROM: Susan Ruby, City Attorney SUBJECT: CCNA Requirements/Design-Build Contracts We have prepared an ordinance to implement design/build contract capabilities pursuant to F.S. 287. It is important to address this issue promptly in order to commence the formulation of a design criteria package and to provide services that will assist the City in negotiations over land, etc. Pursuant to Florida Statute Section 287.055 there are certain requirements that a municipality must follow when entering into design-build contracts. First the municipality must adopt ordinances, rules and regulations that allow it to enter into design build contracts, see attached proposed ordinance. In order to put out a RFP for a design build project we must first prepare a "design criteria package", which is: A "design criteria package" means concise, performance-oriented drawings or specifications of the public construction project. The purpose of the design criteda package is to furnish sufficient information to permit design-build firms to prepare a bid or a response to an agency's request for proposal, or to permit an agency to enter into a negotiated design-build contract. The design criteria package must specify performance-based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design cdteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. This may be performed in house or we may have an outside professional prepare the package. If an outside professional prepares the package then we must comply with all CCNA requirements in selecting this firm or person and the firm or person shall not be allowed to bid on the RFP for the design build contract. See the following Florida Statute Section: David Harden, City Manager Richard Hasko, Director of Environmental Services February 5, 2004 Page 2 The design criteria package must be prepared and sealed by a design cdteria professional employed by or retained by the agency. If the agency elects to enter into a professional services contract for the preparation of the design cdteria package, then the design cdteria professional must be selected and contracted with under the requirements of subsections (4) and (5). A design criteria professional who has been selected to prepare the design criteria package is not eligible to render services under a design-build contract executed pursuant to the design criteria package. The professional must meet the following requirements: A "design criteria professional" means a firm who holds a current certificate of registration under chapter 481 to practice architecture or landscape architecture or a firm who holds a current certificate as a registered engineer under chapter 471 to practice engineering and who is employed by or under contract to the agency for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. The attached ordinance allows the City's use of the design-build process. Thereafter, rules and regulations may also be adopted regarding the design build process. Time is a bit of the essence, and it is recommended that the professional preparing the design criteria package be hired quickly, pursuant to the CCNA, in order to prepare various schematics, etc. to assist in land acquisitions, as well as to develop the design criteria package. Plea~ou/~ any questions. SAR~-~~- Cc: Howard Ellingsworth, Chairman of the CRA Diane Colonna, Director of the CRA Robert Federspiel, Esq. ORDINANCE NO. -04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", BY AMENDING SECTION 36.11, "DEFINITIONS", TO PROVIDE FOR DEFINITIONS REGARDING DESIGN-BUILD CONTRACTS; ENACTING SECTION 36.16, "DESIGN- BUILD CONTRACTS", TO PROVIDE FOR THE ABILITY TO USE THE DESIGN-BUILD PROCESS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, in certain situations the design-build process is the most efficient and most economical way to conduct public construction; and WHEREAS, the City Commission deems it to be in the public interest to adopt an ordinance providing for rules and regulations allowing the City to enter into design-build contracts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 36, "Finance; City Property Transactions", Section 36.11, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 36.11. DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Change order. A written order or agreement signed and issued by the City, directing the vendor or contractor to make changes to the purchase of supplies, equipment, services or construction. Contract modification. Any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. Desiqn-build firm. Means an individual, association1 partnership, corporation, or other legal entity which: Is certified under F.S. ,~ 489.119 to enqa.qe in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifyin.q agent; or (ii) Is certified under F.S. § 471.023 to practice or to offer to practice en.qineerin.q; certified under F.S. § 481.219 to practice or offer to practice architecture; or certified under F.S. § 481.319 to practice or to offer to practice landscape architecture. Des{qn-build contract. Means a sinqle contract with a desi,qn-build firm for the design and construction of a public construction project. DesLqn criteria package. Means concise, performance-oriented drawings or specifications of the public construction proiect. The purpose of the desiqn criteria package is to furnish sufficient information so as to permit desi.qn-build firms to prepare a bid or a response to a request for proposal, or to permit the City to enter into a neqotiated design-build contract. The desi.qn criteria packa.qe shall specify performance-based criteria for the public construction project, including, but not limited to, the leqal description of the site, survey information concerninq the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or bud.qet estimates, desi.qn and construction schedules, site development requirements, provisions of utilities, stormwater retention and disposal, and parkinq requirements, as may be applicable to the proiect. Design criteria professional. Means an individual, association, partnership, corporation, or other le.qal entity who holds a current certificate of registration under F.S. Ch. 481, to practice architecture or landscape architecture or a firm who holds a current certificate as a reqistered engineer under F.S. Ch. 471, to practice engineering and who is employed by or under contract to the City for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the desiqn criteria package. Section 2. That Chapter 36, "Finance; City Property Transactions", Section 36.16, "Design-Build Contracts", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: Sec. 36.16 DESIGN BUILD CONTRACTS. (A) Award of desiqn-build contracts. Contracts for the desiqn-build of public construction proiects for the City shall be awarded in accordance with this Section whenever the City Commission desi.qnates that a desi.qn-build methodolo.qy be used. (B) Preparation of desiqn criteria package. A design criteria package shall be prepared and sealed by a desiqn criteria professional employed by or retained by the City. If the City elects to enter into a professional services contract for the preparation of a design criteria package, then the design criteria professional shall be selected and contracted with in accordance with the requirements of State law and this Chapter. A desi,qn criteria professional who has been selected to prepare the design criteria package shall not be eligible to render services under a design-build contract executed pursuant to the design criteria packaqe. (C) Rules and procedures. The following are the minimum guidelines that must be followed for the design-build process. The City may enact other guidelines in addition to those listed below. (1) The preparation of a design criteria packaqe for the desiqn and construction of the public construction project. (2) The qualification and selection of no fewer than three design-build firms as the most qualified, based on the qualifications, availability, and past work of the firms, including the partners or members thereof. (3) The criteria, procedures, and standards for the evaluation of design-build contract proposals or bids, based on price, technical, and design aspects of the public construction proiect, weighted for the project. (4) The solicitation of competitive proposals, pursuant to a design criteria packaqe, from those qualified design-build firms and the evaluation of the responses or bids submitted by those firms based on the evaluation criteria and procedures established prior to the solicitation of competitive proposals. (5) Consultation with the employed or retained design criteria professional concerning the evaluation of the responses or bids submitted by the desiqn-build firms, the supervision or approval by the City of the detailed working drawings of the project; and for evaluation of the compliance of the proiect construction with the design criteria package by the design criteria professional. (6) In the case of public emerqencies, for the City Commission to declare an emergency and authorize ne,qotiations with the best qualified design-build firms available at that time. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective upon its adoption on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this day of ,200_. MAYOR ATTEST: City Clerk First Reading Second Reading 4 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAG~,~ ~ ,~ MEETING OF MARCH tl, 2004 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(I) "COMMUNITY RESIDENTIAL HOME AND GROUP HOMES" IN ORDER TO CORRECT AN INCONSISTENCY CREATED FROM RECENT LDR CHANGES REGARDING THE TERMINOLOGY OF RESIDENTIAL AND NON- RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES On February 3, 2004, the City Commission adopted an ordinance amending the City's Land Development Regulations regarding Alcohol and Drug Abuse Treatment Facilities to conform to the State's requirements under Chapter 397, Florida Statutes. The amendment repealed the definitions for "Residential and Non-residential Alcohol and Drug Abuse Treatment Facility", enacted new definitions for "Residential and Non-Residential Licensed Service Provider", and changed the reference from "alcohol and drug abuse treatment facilities" to "Licensed Service Provider Facilities" to be consistent with the terminology of such facilities in State Statutes. In making these changes, a reference to alcohol and substance abuse treatment facilities in LDR Section 4.3.3(I) was overlooked. The proposed amendment is to remedy the remaining inconsistency in order to avoid confusion. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more for "housekeeping" purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The Planning and Zoning Board held a public hearing regarding this item at its meeting of February 23, 2004. Them was no public testimony regarding the proposed amendment. After discussing the amendment, the Board voted 4-0 (Borchardt & Pike absent) to recommend to the City Commission approval of the proposed amendment to the Land Development Regulations Section 4.3.3(I) "Community Residential Home and Group Homes" based upon positive findings with respect to LDR Section 2.4.5(M). By motion, approve on first reading the ordinance amending Land Development Regulations Section 4.3.3(I) "Community Residential Home and Group Homes", based upon positive findings with LDR Section 2.4.5(M), and set a public hearing on April 13, 2004. Attachment: Proposed Ordinance ORDINANCE NO. 15-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, CHAPTER FOUR, "ZONING REGULATIONS", BY AMENDING SECTION 4.3.30), "COMMUNITY RESIDENTIAL HOME AND GROUP HOMES", TO PROVIDE CONSISTENCY THROUGHOUT THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission recently adopted an ordinance amending the City's Land Development Regulations in order to reflect the legislative changes regarding change in the terminology of residential and non-residential alcohol and drug abuse treatment facilities; and WHEREAS, the City Commission found a remaining area of inconsistency after adopting the recent code changes; and WHEREAS, the City Commission desires to remedy the remaining inconsistency in order to avoid confusion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.3.30), "Community Residential and Group Homes", of the Land Development Regulations of the City of Delray Beach, Florida, be amended to read as follows: Community Residential Homes and Group Homes: (1) Purpose: The purpose of this section is to provide for the health, safety, welfare, and shelter in sound housing of residents of Community Residential Homes and Group Homes and residents of the City who are in need of such facilities while assuring compatibility of these facilities with surrounding areas. (2) Applicability: This section shall be applicable but not limited to Community Residential Homes and Group Homes which constitute a new facility or a modification of an existing lawful facility which increase the floor area or the permitted number of residents. This section does not include foster homes; assisted living facilities; continuing care facilities; abused spouse residences; child care facilities; adult day care facilities; convalescent homes, homes for the aged or nursing homes; nor alcohol and chug abuse treatment facilities as regulated in LDR Section 4.3.3(D). (3) Definitions: (a) Resident: The term "resident" for a community residential home or group home means any of the following pursuant to the Florida Statutes: 1. A frail elder as defined in Section 400.618; A physically disabled or handicapped person as 22(7)( ) defined in Section 760. a, A developmentally disabled person as defined in Section 393.063(12); A nondangerous mentally ill person as defined in Section 394.455(18); or, A child as defined in Section 39.01(14), Section 984.03(9) or (12), or Section 985.03(8). Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective mediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,2004. 2 ORD. NO. 15-04 ATI'PLST: MAYOR City C~e~k First Reading Second Reading 3 ORD. NO. 15-04