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Agenda Reg 05-01-01City of Delray Beach Regular Commission Meeting Tuesday, May 1, 2001 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambe£s Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or premding officer has discretion to adjust the amount of time allocated. A. Pubhc 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 indiwduals. 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 th~s 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 wdl furnish auxthary aids and services to afford an Individual with a disabihty an opportunity to participate m and enjoy the benefits of a service, program, or acumty conducted by the City. Contact Doug Randolph at 243- 7127 (vome) or 243-7199 (II)D), 24 hours pnor to the event m order for the City to accommodate your request. Adapuve Listening devices are avatlable for meeunes m the Commission Chambers. 2. 3. 4. 5. o ROLL CALL. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: Regular Meeting of March 20, 2001 PROCLAMATIONS: A. Safe Boating Weekend - May 12 & 13 and Safe Boating Week - May 19 through May 25, 2001 B. Emergency Medical Service Week - May 20 through May 26, 2001 PRESENTATIONS: CONSENT AGENDA: City Manager Recommends Approval. A. RESOLUTION NO. 33-01: Approve a resolution requesting funds from the Palm Beach County Emergency Medical Services Grant Award program to be used for the purchase of a Special Events Response Vehicle (SERV), two (2) 12-lead monitor defibrillators, and two (2) automated external defibrillators. B. FIREFIGHTER INVESTMENT & RESPONSE ENHANCEMENT ACT Co Do Go GRANT: Approve the application for a matching grant for the Firefighter Investment & Response Enhancement (FIRE) Act Grant 2001, provided by F.E.M~., for personal protective equipment. City's required 30% matching portion is $27,981.60, with funding from 001-2315-526-52.22 (Uniforms). RESOLUTION NO. 34-01: Approve a resolution for action necessary for the demolition of an unsafe structure located at 40 SW 6th Avenue. RESOLUTION NO. 35-01: Approve a resolution for action necessary for the demolition of an unsafe structure located at 245 NW 10th Avenue. RESOLUTION NO. 36-01: Approve a resolution for action necessary for the demolition of an unsafe structure located at 815-941 SW 20t" Court. RESOLUTION NO. 38-01: Approve a resolution vacating and abandoning a 10' utility easement within the Water's Edge development located at the southwest comer of Lake Ida Road and Congress Avenue. AMENDMENT #1 TO ENGINEERING AGREEMENT/MATHEWS CONSULTING, INC.: Consider an amendment to the Engineering Agreement 05-01-01 2- between the City and Mathews Consulting, Inc. to increase their hourly rates. CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/CORAL-TECH (POLICE DEPARTMENT COMMLrNICATIONS CENTER): Approve closeout Change Order #1 in the amount of $409.79 and final payment in the amount of $11,510.98 to Coral-Tech for completion of the Police Department Commtmications Center, with funding from 334.6112-519-63.22 (Police 800Mhz Radio System). CLOSEOUT CHANGE ORDER #4 & FINAL PAYMENT/REPUBLIC Jo CONSTRUCTION (VETERANS PARK RESTROOM): Approve doseout Change Order #4 in the amount of $2,725.52 and final payment in the amount of $29,027.73 to Republic Construction and Development Corporation for completion of the Veterans Park Restroom project, with funding in the amount of $5,608.42 from 334-4126-572-62.10 (Veterans Park Restroom), -$3,196.50 from 446-4761-572- 62.10 (Veterans Park Playground Restoration), -$1,739.40 from 441-5161-536-62.10 (Lakeview Restroom), and $2,053.00 from 441-5161-536-62.10 (ESD Maintenance Expansion). CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/ARBOR TREE (ROAD BOND SWALES): Approve doseout Change Order #1 in the ddua amount of $174,876.14 & final payment in the amount of $14,658.10 to Arbor Tree for completion of the Road Bond Swales project, with funding from 448-5470-538- 65.41 (Swale Reconstruction). CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/CHAZ EQUIPMENT (BREEZY RIDGE ESTATE): Approve closeout Change Order # ! in the amount of $39,021.33 & £mal payment in the amount of $56,629.13 to Chaz Equipment for completion of the Breezy Ridge Estate project, with funding in the amount of $8,600.00 from 442-5178-536-63.51 (R&R Sanitary Sewer), $12,093.00 from 442-5178-536-50 (R&R Water Distribution), $18,328.33 from 370-3162-541- 65.48 (2000 Road Bond-Breezy Ridge Estates). FINAL PAYMENT/INTRASTATE CONSTRUCTION CORPORATION Mo (LAKE IDA 18" FORCE MAIN CROSSING): Approve final payment in the amount of $10,471.75 to Intrastate Construction Corporation for completion of the Lake Ida 18" Force Main Crossing project, with funding from 442-5178-536-65.18 (Lake Ida Road Utility Relocations). DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a subsidy for one (1) eligible applicant in the amount of $20,000.00, for vacant property located on SW 5~h Avenue. This represents the 122na applicant under the Delray Renaissance Program. Funding is from 118-1924-554-83.01 (SHIP Program). LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS: Oo Consider approval of the Lien Review Advisory Committee's recommendation concerning outstanding liens on various properties. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER 05-01-01 TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions approved by the South Central Regional Wastewater Treatment and Disposal Board at the quarterly meeting of April 19, 2001. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 16, 2001 through April 27, 2001. Q. AWARD OF BIDS AND CONTRACTS: Contract awards through Community Development Block Grant (CDBG) Housing Rehabilitation Grants in the amount of $17,823.75 to South Florida Construction for rehab of a single family home at 409 SW 9th Court, and in the amount of $17,808.00 to William Hatcher Construction for rehab of a single family home at 705 SE 2nd Avenue, with funding in the taa./amount of $35,631.75 from 118-1963-554-49.19 (Housing Rehab CDBG) and contract awards through the State Housing Initiative Partnership (SHIP) program in the amount of $22,774.50 to William Hatcher Construction for rehab of a single family home at 818 SW 6th Avenue, and in the amount of $24,832.50 to Craftsman Plus, Inc. for rehab of a single family home at 813 SW 3rd Court, with funding in the tota/amount of $47,607.00 from 118-1924-554- 49.19 (SHIP Rehab Program). Contract renewal for the purchase of gasoline and diesel fuel to multiple vendors via the Palm Beach County Co-op Bid #99-166/PP at an estimated annual cost of $347,715.99. Funding from account 445-4715-572-52.11 (Golf Course/Fuel) and 501-3311-591-52.51 (Garage/Fuel). REGULAR AGENDA: WAIVER REQUEST TO THE ALLEY IMPROVEMENT OBLIGATION: Consider a waiver to LDR Section 6.1.2(A)(2)(a), associated with a request to construct a garage at 333 NW 3ra Avenue. SPECIAL EVENT/HAITIAN FLAG DAY: Consider a request for special event approval for the Haitian Flag Day Celebration to be held on Sunday, May 20, 2001, including temporary use perrmt, staff support, use of City equipment, and consideration of waiving overtime costs. SPECIAL EVENT REQUEST/DELRAY SPRING ART FESTIVAL: Consider a request for special event approval to allow the Delray Spring Art Festival to be held on May 26-27, 2001, including a temporary use permit for street closure and staff support for security, with the event sponsor paying all overtime costs. Do REQUEST FOR AN ADDITIONAL QUEUE/KYOTO SUSHI SAKE LOUNGE: Consider a request to modify the Parking License Agreement with Kyoto Sushi Sake Lounge, increasing the approved queue by one (1) space to accommodate the creation of a separate pick-up area. E. REQUEST TEMPORARY PARKING PERMITS/CASTLE FLORIDA: 05-01-01 Approve a request from Castle Florida for temporary parking permits extending the 2-hour regulation (Worthing Lot behind the Grip Building), to accommodate construction activities for Sopra Restaurant. Parking Management Advisory Board recommended dm/at CONTRACT AWARD/GTE BUILDERS (CITY MARINA & SARAH GLEASON PARK: Consider approval of a contract award in the amount of $749,522.60 to GTE Builders (soard/ow b/d) for the City Marina Improvement and Sarah Gleason Park Improvements Phase I project. Funding is available in the amount of $372,870.00 from 426-4311-575-65.23 (City Marina Improvements), $241,780.00 from 334-4181-572-63.90 (Sarah Gleason Park Improvements). The balance of funds will be from 2000 Roadway Bond surplus, $94,323.00 from 370- 3162-541-65.23 and $40,550.00 from 370-3162-541-65.57 respectively. INITIATION OF AN AMENDMENT TO THE LAND DEVELOPMENT REGUI~TIONS: Consider the initiation of an amendment to the LDR's Section 4.6.9 (Parking) and 4.6.16 (Landscaping) to accommodate preservation of mature trees in parking areas. RESOLUTION NO. 32-01 (MID-YEAR BU[X;ET ADJUSTMENT): Consider approval of a resolution making mid-year adjustments to the adopted budget for FY 2001. RESOLUTION NO. 37-01: Consider a resolution establishing a Charter Revision Committee for the sole purpose of reviewing the City Charter and formulating recommendations to the City Commission. APPOINTMENTS TO THE POLICE AND FIRE BOARD OF 10. TRUSTEES: Appoint one member to the Police and Fire Board of Trustees to fill an unexpired term ending June 30, 2002. Appointment will be made by Commissioner Archer (Seat #2). Appoint one member for a two-year term ending April 22, 2003. Appointment will be made by Commissioner Levinson (Seat #3). PUBLIC HEARINGS: ORDINANCE NO. 17-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations regarding parking requirements in the CBD (Central Business District) zone district to accommodate required parking utilizing valet or tandem parking and establishing design standards for valet and tandem parking arrangements. (Continued from the March 6~h Regular Commission Meeting). Staff recommends continuing to a date certain of May 15, 2001. ORDINANCE NO. 23-01 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Section 4.3.3(I) Foster Homes and Group Homes, and related zoning districts, pursuant to LDR Section 2.4.5(M). ORDINANCE NO. 21-01: An ordinance amending Chapter 92, "Boats and Boating", Section 92.10, "Mooring to Public Property" of the City Code of 05-01-01 11. 12. Ordinance to prohibit prolonged dockage at Veterans Park, and also the use of City electricity and other utilities while docking. ORDINANCE NO. 31-01: An ordinance amending Chapter 73, "Parking Schedule" of the City Code of Ordinance by extending the two-hour parking regulation along Atlantic Avenue, east of Swinton Avenue to State Road AIA, to 8 p.m. Eo ORDINANCE NO. 20-01: An ordinance amending Chapter 97 "Health and Safety", by creating Section 97.10 "Citrus Canker Control Procedures" of the Code of Ordinance thereby adopting a method to be adhered to by Vegetation Maintenance Companies and Public Utility Companies within the City of Delray Beach in order to help control the spread of Citrus Canker. RESOLUTION NO. 39-01 (STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): A resolution adopting the Local Housing Assistance Plan for Fiscal Years 2001-2004 pursuant to the State Housing Initiatives partnership (SHIP) Program. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. FromthePublic. FIRST READINGS: Ao ORDINANCE NO. 29-01: An ordinance amending LDR Sections 4.6.9(I2)) and 6.1.4(D), regarding paving of driveways and parking spaces, and providing an amortization period. If passed, a public hearing will be scheduled for May 15, 2001. ORDINANCE NO. 33-01: Redevelopment Plan Amendment. May 15, 2001. An ordinance adopting the Community If passed, a public heating will be scheduled for ORDINANCE NO. 28-01: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances. If passed, a public hearing will be scheduled for May 15, 2001. ORDINANCE NO. 32-01: An ordinance amending LDR 6.1.10(B) & (D), regarding "Water Systems". If passed, a public heating will be scheduled for May 15, 2001. ORDINANCE NO. 30-01: An ordinance amending LDR Section 6.1.3(C)(2), regarding construction standards for sidewalks through driveways. If passed, a public hearing will be scheduled for May 15, 2001. 05-01-01 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 14. A. City Manager B. City Attorney C. City Commission CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of Jesner of Jesner Exanor v. City of Delray Beach and James Edward Schrni&. Attendees: Mayor David Schrnidt Commissioner Pat Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Jon Levinson City Manager David Harden City Attorney Susan Ruby Kent Pratt, Esq. A certified court reporter Purpose: Discuss settlemem negotiations and strategy related to litigation expenditures in the above case. 05-01-01 MAY Ii 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, May 1, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy (arrived 6:05 p.m.) Commissioner Jeff Perlman Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby Rabbi Suzanne Carter delivered the opening prayer. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. The City Attorney requested that Item 12.D., Ordinance No. 32-01 be withdrawn from the agenda because it is redundant to Item 12. E., Ordinance No. 28-01. Mrs. Archer moved to approve the agenda as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of March 20, 2001, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. o PROCLAMATIONS: 6.A. Safe Boating Weekend - May 12 & 13 and Safe Boating Week - May 19 through Ma.y 25~ 2001 Mayor Schmidt read and presented a proclamation proclaiming May 12th and 13th as Safe Boating Weekend and May 19th through May 25th, 2001 as National Safe Boating Week 05/01/01 in Delray Beach, Florida, and urge all citizens to support the goals of the National Safe Boating Campaign and U.S. Coast Guard Auxiliary and start the year-round effort to promote safe boating. Mary Suckow, Flotilla Commander, came forward to accept the proclamation and stated the Coastguard Auxiliary and Team Coastguard spent a lot of hours in promoting boating safety through education and thanked the Commission for their support. 6oB. Emergency Medical Service Week - May 20 through May 26, 2001 Mayor Schmidt read and presented a proclamation in recognition of this event, do hereby proclaim the week of May 20 through May 26, 2001 as Emergency Medical Service Week in Delray Beach, Florida and commend our Emergency Medical Service teams for a job well done. Chief Koen came forward to accept the proclamation and stated it is important to note that Emergency Medical Service is a system where many components all come together at exactly the right moment for the best possible outcome for the community and the citizens. Chief Koen stated it is a very busy system in the sense that 8500 times last year the City had the need for emergency medical services in response to this community need which averages to about 25 times per day which is fairly typical of this entire region. Chief Koen stated this is a very highly valued community activity and service and could not be possible without the support of the citizens, the City Commission, and City administration. He thanked everyone for the recognition as well as the continued support through the years. PRESENTATIONS: 7oA. All America City Finalist - June 22-23~ 2001 in Atlanta, Georgia Jay Alperin, stated he and Chuck Ridley Co-Chair the All America City Committee, and proudly announced that Delray Beach has been elected as one of the finalist in the National Civic League National Competition. The final competition round will be held in Atlanta, Georgia on June 22-23, 2001. Mr. Alperin stated the committee will be raising approximately $30,000 through private donations to support the effort and thanked the Commission for their continued support. 0 CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 33-01: Approve a resolution requesting funds from the Palm Beach County Emergency Medical Services Grant Award program to be used for the purchase of a Special Events Response Vehicle (SERV), two (2) 12-lead monitor defibrillators, and two (2) automated external defibrillators. The caption of Resolution No. 33-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2001/2002. -2- 05/01/01 goB. (The official copy of Resolution No. 33-01 is on file in the City Clerk's office.) FIREFIGItTER INVESTMENT & RESPONSE ENHANCEMENT ACT GRANT: Approve the application for a matching grant for the Firefighter Investment & Response Enhancement (FIRE) Act Grant 2001, provided by F.E.M.A., for personal protective equipment. City's required 30% matching portion is $27,981.60, with funding from 001-2315- 526-52.22 (Uniforms). 8.C. RESOLUTION NO. 34-01: Approve a resolution for action necessary for the demolition of an unsafe structure located at 40 SW 6th Avenue. The caption of Resolution No. 34-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 34-01 is on file in the City Clerk's office.) 8.0. RESOLUTION NO. 35-01: Approve a resolution for action necessary for the demolition of an unsafe structure located at 245 NW 10th Avenue. The caption of Resolution No. 35-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS -3- 05/01/01 INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 35-01 is on file in the City Clerk's office.) 8.E. RESOLUTION NO. 36-01: Approve a resolution for action necessary for the demolition of an unsafe structure located at 815-941 SW 20th Court. The caption of Resolution No. 36-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 36-01 is on file in the City Clerk's office.) 8.F. RESOLUTION NO. 38-01: Approve a resolution vacating and abandoning a 10' utility easement within the Water's Edge development located at the southwest comer of Lake Ida Road and Congress Avenue. The caption of Resolution No. 38-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 10' UTILITY EASEMENT WITHIN THE -4- 05/01/01 8oGo WATER'S EDGE DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF LAKE IDA ROAD AND CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 38-01 is on file in the City Clerk's office.) AMENDMENT #1 TO ENGINEERING AGREEMENT/MATHEWS CONSULTING~ INC.: Consider an amendment to the Engineering Agreement between the City and Mathews Consulting, Inc. to increase their hourly rates. 8°Ho CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/CORAL-TECH (POLICE DEPARTMENT COMMUNICATIONS CENTER): Approve closeout Change Order # 1 in the amount of $409.79 and final payment in the amount of $11,510.98 to Coral-Tech for completion of the Police Department Communications Center, with funding from 334.6112- 519-63.22 (Police 800Mhz Radio System). 8°I° CLOSEOUT CHANGE ORDER #4 & FINAL PAYMENT/REPUBLIC CONSTRUCTION (VETERANS PARK RESTROOM): Approve closeout Change Order #4 in the amount of $2,725.52 and final payment in the amount of $29,027.73 to Republic Construction and Development Corporation for completion of the Veterans Park Restroom project, with funding in the amount of $5,608.42 from 334-4126-572-62.10 (Veterans Park Restroom), -$3,196.50 from 446-4761-572-62.10 (Veterans Park Playground Restoration), - $1,739.40 from 441-5161-536-62.10 (Lakeview Restroom), and $2,053.00 from 441-5161-536- 62.10 (ESD Maintenance Expansion). g.J. CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/ARBOR TREE (ROAD BOND SWALES): Approve closeout Change Order #1 in the deduct amount of $174,876.14 & final payment in the amount of $14,658.10 to Arbor Tree for completion of the Road Bond Swales project, with funding from 448-5470-538-65.41 (Swale Reconstruction). 8.K. CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/CHAZ EQUIPMENT (BREEZY RIDGE ESTATE): Approve closeout Change Order #1 in the amount of $39,021.33 & final payment in the amount of $56,629.13 to Chaz Equipment for completion of the Breezy Ridge Estate project, with funding in the amount of $8,600.00 from 442-5178-536-63.51 (R&R Sanitary Sewer), $12,093.00 from 442-5178-536-50 (R&R Water Distribution), $18,328.33 from 370-3162-541-65.48 (2000 Road Bond-Breezy Ridge Estates). 8°L. FINAL PAYMENT/INTRASTATE CONSTRUCTION CORPORATION (LAKE IDA 18" FORCE MAIN CROSSING): Approve final payment in the amount of $10,471.75 to Intrastate Construction Corporation for completion of the Lake Ida 18" Force Main Crossing project, with funding from 442-5178-536-65.18 (Lake Ida Road Utility Relocations). 8.M. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a subsidy for one (1) eligible applicant in the amount of $20,000.00, for vacant property located on -5- 05/01/01 SW 5th Avenue. This represents the 122nd applicant under the Delray Renaissance Program. Funding is from 118-1924-554-83.01 (SHIP Program). 8.N. LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS: Consider approval of the Lien Review Advisory Committee's recommendation concerning outstanding liens on various properties. 8oO. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions approved by the South Central Regional Wastewater Treatment and Disposal Board at the quarterly meeting of April 19, 2001. g,P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 16, 2001 through April 27, 2001. AWARD OF BIDS AND CONTRACTS: Contract awards through Community Development Block Grant (CDBG) Housing Rehabilitation Grants in the amount of $17,823.75 to South Florida Construction for rehab of a single family home at 409 SW 9th Court, and in the amount of $17,808.00 to William Hatcher Construction for rehab of a single family home at 705 SE 2nd Avenue, with funding in the total amount of $35,631.75 from 118-1963-554-49.19 (Housing Rehab CDBG) and contract awards through the State Housing Initiative Partnership (SHIP) program in the amount of $22,774.50 to William Hatcher Construction for rehab of a single family home at 818 SW 6th Avenue, and in the amount of $24,832.50 to Craftsman Plus, Inc. for rehab of a single family home at 813 SW 3rd Court, with funding in the total amount of $47,607.00 from 118-1924-554-49.19 (SHIP Rehab Program). e Contract renewal for the purchase of gasoline and diesel fuel to multiple vendors via the Palm Beach County Co-op Bid #99-166/PP at an estimated annual cost of $347,715.99. Funding from account 445-4715- 572-52.11 (Golf Course/Fuel) and 501-3311-591-52.51 (Garage/Fuel). Mrs. Archer moved to approve the Consent Agenda, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. WAIVER REQUEST TO THE ALLEY IMPROVEMENT OBLIGATION: Consider a waiver to LDR Section 6.1.2(A)(2)(a), associated with a request to construct a garage at 333 NW 3rd Avenue. -6- 05/01/01 Jeff Costello, Principal Planner, stated the subject property is located on the east side of N.W. 3rd Avenue, approximately 300' south of Lake Ida Road. The site contains an existing house, which has primary access from N.W. 3rd Avenue. The proposal is to construct a two-car garage with access provided from the unimproved alley. Pursuant to LDR Section 6.1.2(A)(2)(a), when access to a project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street or alley to the project. The nearest paved street is Lake Ida Road, approximately 300' north of the property. As the garage will be accessed from the alley, the alley must be constructed from Lake Ida Road to the property. The cost for improving the 300' section of alley will be approximately $30,000. The applicant has requested a waiver to this requirement, as it will be cost prohibitive to construct the alley and the garage. Mr. Costello stated staff does not recommend supporting the waiver at this time but recommends deferral of the alley improvement obligation for 333 N.W. 3rd Avenue. Mayor Schmidt asked if the applicant is aware that staff is recommending deferral instead of a waiver? In response, Mr. Costello stated the applicant is fully aware that staff is recommending a deferral instead of a waiver. James Clinton. a~mlicant, stated he would appreciate it greatly if the Commission permits him to construct a two-car garage behind the house. Mr. Levinson moved to approve the deferral of the alley improvement obligation for N.W. 3rd Avenue, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9oao SPECIAL EVENT/HAITIAN FLAG DAY: event approval for the Haitian Flag Day Celebration to be including temporary use permit, staff support, use of City waiving overtime costs. Consider a request for special held on Sunday, May 20, 2001, equipment, and consideration of Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse the Haitian Flag Day Celebration sponsored by Our Lady of Perpetual Help Catholic Church's Youth Group on May 20, 2001. In addition, staff is requesting to grant a temporary use permit per LDR's section 2.4.6(H) for use of Merritt Park, to authorize use and set up of City stage, authorize staff support for security, trash removal and to consider waiving overtime costs. The Youth Group of Our Lady of Perpetual Help Catholic Church is planning a celebration for Haiti's Flag Day on May 20th. A program will be held at the church followed by a procession to the park along S.W. 4th Street. Presentations, poems, entertainment and food booths will be staged in the park. The park would be used from approximately 4:30 p.m. until 8:00 p.m. The estimated overtime cost for the event is $700. Last year's overtime costs were -7- 05/01/01 approximately $500. Mr. Barcinski stated staff recommends approval of the event, the temporary use permit, providing staff assistance for security, stage set up and removal, and trash removal, and consideration of waiving overtime costs. Mr. Barcinski stated Officer Skip Brown helped put together a cost estimate and they are hoping to raise funds through donations to help offset these costs. On behalf of the Haitian community, Officer Skip Brown invited the Commission to attend this event. Mr. Perlman stated he attended the event last year and feels it is a wonderful event. He urged the Commission to continue supporting this event. Mrs. Archer moved to approve staff's recommendation and waive the estimated overtime costs of $700, seconded by Mr. Peflman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.C. SPECIAL EVENT REQUEST/DELRAY SPRING ART FESTIVAL: Consider a request for special event approval to allow the Delray Spring Art Festival to be held on May 26-27, 2001, including a temporary use permit for street closure and staff support for security, with the event sponsor paying all overtime costs. Mr. Barcinski stated this is a request to endorse the 3ra Annual Downtown Spring Art Festival sponsored by Howard Alan Events, Ltd. to be held May 26-27, 2001, to grant a temporary use permit per LDR's section 2.4.6(H) for use of City right-of-way on Atlantic Avenue from the east side of Venetian Drive to the west side of Andrews Avenue and Salina Avenue and use of City parking lots west of the Intracoastal for vendor parking, to authorize staff to apply for the FDOT street closure permit and to authorize staff support for security and traffic control. Mr. Barcinski stated this is the third time this event is being held. The estimated overtime cost for City services is $2,200. The applicant will pay all the overtime costs and as well provide for trash removal, clean up, porta lets, and barricade rental. Staff recommends endorsement of the event, granting of the temporary use permit for the street closure and parking lot use as recommended by staff, providing staff assistance for security and traffic control, and allowing the event sign to be installed with all overtime costs to be paid by the sponsor. Mr. Barcinski stated the applicant is requesting use of City parking lots west of the Intracoastal Waterway and staff recommends that this use exclude Veterans Park. In addition, the City has a hold harmless agreement and insurance certificate. Mr. Perlman asked about the status of the construction? In response, Mr. Barcinski stated staff would ensure that this is open for traffic detours. -8- 05/01/01 With talking to some people who live on the beach, Mr. Levinson stated one of the concerns is people who attend the event drive through neighborhoods and he asked if staff could erect additional barricades and signage during this event particularly in this area because it tends to get very congested. Mr. Perlman moved to approve the special event request to allow the Delray Spring Art Festival to be held on May 26-27, 2001, subject to staff recommendations, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.D. REQUEST FOR AN ADDITIONAL QUEUE/KYOTO SUSHI SAKE LOUNGE: Consider a request to modify the Parking License Agreement with Kyoto Sushi Sake Lounge, increasing the approved queue by one (1) space to accommodate the creation of a separate pick-up area. Paul Dorling, Planning Director, stated this item is before the Commission to consider a proposal to modify the Parking License Agreement with Kyoto Sushi Sake Lounge increasing their queue from four spaces to five spaces to accommodate the creation of a separate pick-up area located on the west side of N.E. 2na Avenue (Pineapple Grove Way), just north of Atlantic Avenue. The modification will accommodate three spaces on the east side to be the designated drop-off area for incoming traffic and the two on the west side to be designated a pick-up area for outgoing traffic. The private lot used to accommodate this queue, the Furniture Kingdom Lot at 188 N.E. 2nd Avenue, creates the ideal scenario (Straight 1 block to park/Straight 1 block for delivery with car headed south on N.E. 2nd Avenue). To achieve this separation, the current Parking License Agreement must be increased from four to five spaces. The Parking Management Advisory Board considered this proposal at their April 24, 2001, meeting and unanimously recommended approval. Mrs. Archer moved to approve the request to modify the Parking License Agreement with Kyoto Sushi Sake Lounge, increasing the approved queue by one (1) space to accommodate the creation of a separate pick-up area, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.E. REQUEST TEMPORARY PARKING PERMITS/CASTLE FLORIDA: Approve a request from Castle Florida for temporary parking permits extending the 2-hour regulation (Worthing Lot behind the Grip Building), to accommodate construction activities for Sopra Restaurant. Parking Management Advisory Board recommended denial. Paul Dorling, Planning Director, stated the applicant is requesting four dashboard- parking passes extending the 2-hour parking limit in the Worthing Lot for various subcontractors who will be doing interior construction work in the Grip Building for Sopra Restaurant. These -9- 05/01/01 passes are to accommodate those subcontractors who have to make continuous trips back and forth to their trucks for materials and supplies throughout the day. The use of the spaces, if approved, will commence in the beginning of May and end sometime in August. If approved, Mr. Dorling stated the contractor has agreed that the construction employees will park in the Grip Building parking lot minimizing the impact for 8-hour spaces in the Worthing Lot. At their April 24, 2001 meeting, the Parking Management Board made a recommendation of denial. This was forwarded siting concerns over setting a precedent for future requests and the fact that there was adequate 8-hour parking in close proximity. Mayor Schmidt asked where the 8-hour parking is located? In response, Mr. Dorling stated the Worthing Lot is a split between the 2-hour and 8-hour parking lot. The southern row of parking in Worthing lot is 8 hours. Mrs. Archer stated the concern of the Parking Management Board was that by allowing special construction passes particularly in an area where there was already parking provided, may cause problems in having future construction efforts by continually asking for construction passes because there was a remote area where they could park. The other concern was that by granting four passes to subcontractors who would be coming in and out would put the construction company in a position of having individuals parking there on a regular basis whether they were needed or not. Mrs. Archer explained that this is the basis of why the Parking Management Board recommended denial. Mr. Levinson asked why the building does not have sufficient parking? Mrs. Archer stated the Grip Building was not in attendance and stated the feeling was that this was a problem for the Grip Building to solve not the City. Mr. Dorling stated there is parking in the garage underneath the Grip Building and then it is remote to the Worthing Lot. The interest was because there would be so much traffic back and forth, they wanted to be able to park very close (2-hour spaces versus the 8-hour spaces). At this point, Mr. Pedman asked what staff's rationale was for recommending approval of the applicant's request? In response, Mr. Dorling stated staff did not see any harm in providing four spaces if they were enforced and with the commitment that the balance of the contractors not take up the public parking spaces. Mr. Dorling stated staff felt this was a better situation than allowing them to ballpark fairly close to the building. Mrs. Archer commented if this is supposedly for the subcontractors to get in and out, would two parking spaces be sufficient? In response, Mr. Dorling stated Castle Florida asked for four parking spaces and he is not sure if two spaces would be sufficient. Mr. Levinson asked if there is anything that would prohibit them from parking in the 8-hour parking spaces and commented about the City not being able to enforce it if they do -10- 05/01/01 choose to park in the 8-hour spaces? Mr. Dorling stated there is nothing that would prohibit them from parking in the 8-hour parking spaces and the City would have no way to enforce it. Mrs. Archer moved approval of the request from Castle Florida for two parking spaces including the provisions that the balance of the parking be in the Grip Building parking lot, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - No; Mayor Schmidt - No; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 3 to 2 vote. 9.F. CONTRACT AWARD/GTE BUILDERS (CITY MARINA & SARAH GLEASON PARK: Consider approval of a contract award in the amount of $749,522.60 to GTE Builders (second low bid) for the City Marina Improvement and Sarah Gleason Park Improvements Phase I project. Funding is available in the amount of $372,870.00 from 426- 4311-575-65.23 (City Marina Improvements), $241,780.00 from 334-4181-572-63.90 (Sarah Gleason Park Improvements). The balance of funds will be from 2000 Roadway Bond surplus, $94,323.00 from 370-3162-541-65.23 and $40,550.00 from 370-3162-541-65.57 respectively. Mayor Schmidt stated he had a request from one of the neighbors to this area for an explanation of the project. He feels this is a little late in the process because this has been through Planning and Zoning and SPRAB approval. Mayor Schmidt asked Mr. Hasko to give an overview of the project before the Commission considers the contract. Dick Hasko, Director of Environmental Services, explained that the primary issue is the marina and the way the parking configuration is planned. He stated there were several iterations of plans looking at how best to deal and balance the formalization of parking in this area without loosing all the open space and green area. There were right-of-way restrictions in terms of perimeters and there were other things going on in the vicinity in terms of the project. In order to maximize the parking you are limited to the length of the roadway because the right- of-way necks down on the south. If this were done, then all the potential for green area would be destroyed in the north end. Mr. Hasko stated one alternative would be to have a one-way street with angled parking but the traffic circulation did not work. In order to maintain the two-way traffic, the only other alternative was the parallel parking configuration, which is what the City ended up with. Mr. Hasko stated there are a total of 40 parking spaces on the current plan with a two-way traffic condition. Mr. Hasko stated this contract award is before the Commission to approve a contract award in the amount of $749,522.60 to Green Team Enterprises, Inc. (dPo/a GTE Builders) for the City Marina Improvements & Sarah Gleason Park Improvements. The proposed bid award is to the second Iow bidder. Upon examination of the bids, the apparent low bidder, Castle Florida Building Corp., provided an incomplete and erroneous package. After a meeting with a representative from Castle Florida Building Corp. and the architects office to review the bid package for scope and content, Castle Florida Building Corp. has acknowledged an error with respect to both projects and has withdrawn their bid. Therefore, the lowest responsible bidder for both projects is GTE Builders. -11- 05/01/01 Staff is proposing a bid award to Green Team Enterprises, Inc. (d/b/a GTE Builders) with a modification to the City Marina Scope to delete the line item for Dock and Seawall Repairs. The price that was bid was extremely high for the scope of services involved and is also an easy scope to separate from the project and rebid at a later date because it involved some seawall repair, some patching of concrete, replacing of some dolphins. Funding is available to augment this project with 2000 Roadway Bond surplus funds in addition to the current project funding that had been set aside in the capital plan. Mr. Peflman moved to approve the contract award in the amount of $749,522.60 to Green Team Enterprises, Inc. (d/b/a GTE Builders) as second low bidder for the City Marina Improvement and Sarah Gleason Park Improvements Phase I project, subject to removal and seawall, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9,Go INITIATION OF AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS: Consider the initiation of an amendment to the LDR's Section 4.6.9 (Parking) and 4.6.16 (Landscaping) to accommodate preservation of mature trees in parking areas. Paul Dorling, Planning Director, stated the request is an initiation of LDR text amendments to Sections 4.6.9 (Parking) and 4.6.16 (Landscaping) to allow a reduction in required parking and flexibility with respect to placement of required landscape islands to allow the preservation of mature trees in parking lots. Prior to adoption of the City's Land Development Regulations in October, 1990 the Land Development Regulations of the City of Delray Beach contained a provision which permitted substitution of mature, exceptional tree specimens for required parking spaces. The regulation allowed for reduction in the required parking when it would result in the preservation of specimen trees. With the rewrite of the LDR's in 1990 this provision was removed. The City Commission considered a waiver request for "Elizabeth's on 7th Restaurant" to waive one required parking space to save a large Black Olive tree. These proposed amendments would allow that to be accomplished without going through the waiver process. Ms. McCarthy moved to approve the initiation of LDR text amendments to Sections 4.6.9 (Parking) and 4.6.16 (Landscaping), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Prior to the vote, Mr. Levinson inquired about whether there is a definition for the words "mature trees". In response, Mr. Dorling stated that there is a definition in the LDR's in 1990. It related to the girth of the tree, the approximate age and height of the tree and this would be added to Section 4.6.16 (Landscaping) as part of this. -12- 05/01/01 Mrs. Archer asked if this would include foreign species? In response, Mr. Dorling stated this would not include foreign species which are encouraged to be removed, but would include native species. 9.H. RESOLUTION NO. 32-01 (MID-YEAR BUDGET ADJUSTMENT): Consider approval of a resolution making mid-year adjustments to the adopted budget for FY 2001. The City Manager presented Resolution No. 32-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 71-00 ADOPTED SEPTEMBER 19, 2000, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2000/2001, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2000/2001; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 32-01 is on file in the City Clerk's office). The City Manager stated that this is the budget adjustment with an explanation of various changes. The major pan of the change is due the fact that the City's health insurance bids came in higher than anticipated and the debt change is about $1,000,000 in the general fund. With regard to the Tennis Stadium Fund, Mr. Perlman commented about the $150,000 being brought over from the General Fund to cover the deficit in the sponsorships and Citrix revenues, and asked if the City is awaiting the report from the Tennis Facilities Task Team before we move forward with an RFP on the naming rights? In response, the City Manager stated staff has started working on the RFP. At one time, the Tennis Facilities Task Team had asked the City to wait until they considered it and now the City is at a point to start working on this. Mr. Levinson asked the City Manager when he anticipates this would be ready for the Commission to review? In response, the City Manager stated he would be more than happy to find this out. Mr. Levinson stated it would be great to do this very soon so that someone can get the season of naming rights. Mrs. Archer moved to approve Resolution No. 32-01, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.I. RESOLUTION NO. 37-01: Consider a resolution establishing a Charter Revision Committee for the sole purpose of reviewing the City Charter and formulating recommendations to the City Commission. -13- 05/01/01 The City Manager presented Resolution No. 37-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A CHARTER REVISION COMMITTEE FOR THE SOLE PURPOSE OF REVIEWING THE CITY'S CHARTER AND FORMULATING RECOMMENDATIONS TO THE CITY COMMISSION. (The official copy of Resolution No. 37-01 is on file in the City Clerk's office.) Mr. Levinson asked if there is some coordination that can be done so the City does not end up with 11 business people and no residents or 11 homeowners' presidents and no business representation. Mayor Schmidt suggested that each Commissioner bring their perspective names to the Workshop Meeting of May 8, 2001 for discussion. The appointments to the Charter Revision Committee can then be made at the next Regular Commission Meeting of May 15, 2001. Ms. McCarthy moved to approve Resolution No. 37-01, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 0.J. APPOINTMENTS TO THE POLICE AND FIRE BOARD OF TRUSTEES: Appoint one member to the Police and Fire Board of Trustees to fill an unexpired term ending June 30, 2002. Appointment will be made by Commissioner Archer (Seat #2). Appoint one member for a two-year term ending April 22, 2003. Appointment will be made by Commissioner Levinson (Seat #3). Mrs. Archer moved to appoint Harry J. Hamilton as a member to the Police and Fire Board of Trustees to fill an unexpired term ending June 30, 2002, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to reappoint John Frysinger (incumbent) as a member to the Police and Fire Board of Trustees for a two-year term ending April 22, 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:45 p.m., Mayor Schmidt asked the City Manager to give the Commission an update regarding the funding request from Delray Youth Enrichment Vocational Center. -14- 05/01/01 With regard to the Delray Youth Enrichment Vocational Center, one thing that was pointed out was $70,000 from Police in-kind services as opposed to cash. What they are asking for in terms of cash is $100,000 capital and $150,000 a year for three years. The explanation of the revenue is pretty much like was previously presented that over time the amount of academic time they have versus what they are doing on the job changes so the amount of money they are getting from the School Board changes. Mayor Schmidt asked if the City has looked preliminarily how the operating part may fit into the budget for next year or the following years? The City Manager stated this has not been done. Mr. Levinson asked when will the City anticipate they will have enough material to provide to the Commission? In response, the City Manager stated he previously suggested the $100,000 could come out of what the City has reserved for neighborhood improvements. The City Manager stated this is not exactly what was envisioned but the money is available and it would definitely have a significant impact on the neighborhood where most of these young people would be coming out of initially and others in the future. As far as $150,000, that is a matter of priorities. With regard to priorities, the City Manager stated the budget will be addressed in the summer. If the Commission makes a decision that the money is going in then the City can put it in and at that time will have to decide how it affects everything else. The City Manager stated it is hard to visualize the whole picture until the entire budget is presented until the Commission has a chance to review it which will be towards the end of July. Mr. Perlman asked how much money the City has in the Neighborhood Improvement Fund? In response, the City Manager stated $250,000, which is earmarked for neighborhood improvements and he was under the impression that this money could be used for any neighborhood although the City is trying to focus on three neighborhoods (Delray Shores, Chatelaine, and Rainberry Woods) in the western part of the City. Mr. Perlman asked if Langton is available to do any kind of work on this? The City Manager stated they are aware of the need but he has not had a chance to speak with them as to what they feel the prospects might be. Mr. Perlman stated he spoke to Representative Andrews who stated he would research to see what the State might be able to bring to the table with regard to money for Charter Schools. Mr. Perlman stated the City made an implicit promise to some of the neighborhoods out west and feels there is some expectation to move forward with some of those improvements for Delray Shores, Chatelaine, and Rainberry Woods. The City Manager stated he does not foresee this happening this fiscal year. The Cit[ Manager stated he expects to bring Mr. Safford's report to the Workshop Meeting of May 8t and go into this in greater detail. Mayor Schmidt gave direction to the City Manager to ask Lula Butler, Director of Community Improvement, to give the Commission a projection for what is going to be spent this fiscal year on Delray Shores. Mr. Levinson stated he would like to know what dollar amount the City is talking about as it relates to neighborhood improvements. He feels some of the money should be carried forward to be able to complete the neighborhood improvements for Delray Shores, Chatelaine and Rainberry Woods. Mr. Levinson stated he shares concerns regarding the City's implicit promise made to these three neighborhoods. -15- 05/01/01 Mrs. Archer suggested that the Commission put this item on the Workshop Meeting of May 8th for further discussion and see if we can contact Representative Andrews to see if there is any other means of assistance and then make a decision. It was the consensus of the Commission to continue discussion regarding the funding of the Delray Youth Enrichment Vocational Center Funding to the Workshop Meeting of May 8th. Claire Marseille~ with the Youth Group at Lady Perpetual Help Church, read a poem to the City Commission. 12. FIRST READINGS: 12.A. ORDINANCE NO. 29-01: An ordinance amending LDR Sections 4.6.9(D) and 6.1.4(D), regarding paving of driveways and parking spaces, and providing an amortization period. If passed, a public hearing will be scheduled for May 15,2001. The City Manager presented Ordinance No. 29-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(D), "DESIGN STANDARDS", BY AMENDING SUB-SUBSECTION 4.6.9(D)(8), "PARKING SURFACES AND DRAINAGE"; AMENDING CHAPTER 6, "INFRASTRUCTURE AND PUBLIC PROPERTY", ARTICLE 6.1, "DESIGN STANDARDS AND REQUIREMENTS", SECTION 6.1.4, "DRIVEWAYS AND POINTS OF ACCESS", BY AMENDING SUBSECTION 6.1.4(D), "CONSTRUCTION REQUIREMENTS", BY CLARIFYING REGULATIONS RELATING TO THE PAVING OF DRIVEWAYS AND PARKING AREAS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Planning Director, stated these LDR amendments are to Section 4.6.9(D) and 6.1.4(D). This amendment is being process to re-emphasize the requirement that all developed property within the City of Delray Beach must have paved off-street parking and driveways. The proposed changes require existing developed property, excluding single-family homes, that currently is not in compliance within a 3 year period. The proposed ordinance will -16- 05/01/01 not affect properties, which have either received a variance from the off-street parking and/or driveway paving requirements, or approval from the City Engineer to use another type of material besides asphalt or concrete. The Planning and Zoning Board held a public hearing regarding this item at its meeting of April 16, 2001. There was no public testimony regarding the amendment. After discussing the item, the Board voted 7-0 to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M). Discussion by the Commission followed. Ms. McCarthy asked when we started to change this ordinance, were those people previously grandfathered in? In response, Mr. Dorling stated most of the situations we have were areas that were annexed into the City and developed in the County. For one reason or another they were not required to pave their surfaces. Mr. Dorling stated to his knowledge the City's requirements for paving of parking lots and driveways is a long-standing ordinance. In addition, Mr. Dorling stated this is being done to bring those existing properties to current conditions. In absence of any development, Mr. Dorling stated there would be no way for the City to require upgrading of the property. Mrs. Archer asked if we were to annex a property in that had an existing dwelling on it and there was no sidewalk in front of the property and they were required to pave the driveway, what would we be doing about the sidewalk if none were required in the immediately surrounding area? In response, Mr. Dorling stated this ordinance does not address sidewalks but addresses paved parking lots and driveways only. Mr. Perlman moved to approve Ordinance No. 29-01 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt- Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - No. Said motion passed with a 4 to 1 vote. After the vote, Ms. McCarthy stated that when these complexes and neighborhoods agreed to the annexation and were supportive of it, this was not part of the issue. She is pleased that the City is giving them a three-year period to do this, however, she is uncomfortable throwing things at people after the fact. Ms. McCarthy stated in the future when a neighborhood is annexed into the City, she would like to see that they are made aware of these things ahead of time and not after the property is annexed. The City Manager stated the sign code for commercial areas is quite a bit different from the County. When we annex in areas that have signs, the City will try to be careful to inform them what changes will be required and how quickly they will need to be in compliance with the City Code. Ms. McCarthy asked Mr. Dorling what happens to these people that do not comply within a three-year period? Mr. Dorling stated they would be subject to Code Enforcement action. -17- 05/01/01 12.B. ORDINANCE NO. 33-01: An ordinance adopting the Community Redevelopment Plan Amendment. If passed, a public hearing will be scheduled for May 15, 2001. The City Manager presented Ordinance No. 33-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6)(7); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Planning Director, stated the proposed amendments are intended to update the background and status of the agency's programs; update property acquisition maps; and, include language that addresses the additional responsibilities be given to the West Atlantic Redevelopment Coalition (WARC). The Plan is consistent with the Future Land Use Map and does not require any Future Land Use Map changes to implement its programs. While many of the CRA's projects involve staff or financial participation by the City, including the Downtown Business Area Plan and the Seacrest/Del-Ida Park Neighborhood Improvement Program, applicable Policies are included within the Comprehensive Plan for City participation in these programs. Therefore, a positive finding can be made with respect to consistency with the Goals, Objectives and Policies of the Comprehensive Plan. In terms of the new commitments to financing of particular projects and programs, the amendment adds the City as a funding source for Program #2.9, "Pineapple Grove Main Street Program" to participate in funding the development of public/private parking lots. The City has not yet made this commitment and the item is not included in the City's Comprehensive Plan. At its meeting of April 16, 2001, the Planning and Zoning Board held a public hearing on the proposed Plan and unanimously recommended approval of the rezoning by a 7 to 0 vote. -18- 05/01/01 Mr. Perlman moved to approve Ordinance 33-01 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 17-01 {FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations regarding parking requirements in the CBD (Central Business District) zone district to accommodate required parking utilizing valet or tandem parking and establishing design standards for valet and tandem parking arrangements. (Continued from the March 6th Regular Commission Meeting). Staff recommends continuing to a date certain of May 15, 2001. Prior to consideration of this ordinance on FIRST Hearing/First Public Hearing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 17-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT, SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE THAT REQUIRED PARKING FOR CERTAIN USES MAY BE PROVIDED AS VALET PARKING, SUBJECT TO CONDITIONS AND SUBJECT TO CONDITIONAL USE APPROVAL; AMENDING SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", AMENDING SECTION 4.6.9, "OFFSTREET PARKING REGULATIONS", SUBSECTION 4.6.9(C)(2)(c), "MULTIPLE FAMILY STRUCTURES", TO PROVIDE THAT PARKING MAY BE PROVIDED IN FRONT OF GARAGE UNITS WITHIN TOWNHOUSE AND TOWNHOUSE-TYPE DEVELOPMENTS, SUBJECT TO CONDITIONS; AMENDING SUBSECTION 4.6.9(F), "SPECIAL PROVISIONS", BY ENACTING A NEW SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-01 is on file in the City Clerk's office.) The City Attorney recommended continuing the First Reading/First Public Hearing of Ordinance No. 17-01 to a date certain of May 15, 2001. -19- 05/01/01 The City Manager stated this is where the Commission decided to delay the ordinance until the City receives possible suggestions from the Charrette process which has not yet been completed. The City Manager explained reports would be presented Friday evening so staff felt it would be appropriate to delay this until the next regular meeting. Mrs. Archer moved to continue the First Reading/First Public Hearing of Ordinance No. 17-01 to a date certain of May 15, 2001 at 7:00 p.m., seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Peflman - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 23-01 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Section 4.3.3(I) Foster Homes and Group Homes, and related zoning districts, pursuant to LDR Section 2.4.5(M). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 23-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS," SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION (I), "FOSTER HOMES AND GROUP HOMES", AND ENACTING A NEW SUBSECTION (I), "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES", TO PROVIDE FOR REGULATION OF GROUP HOMES AND COMMUNITY RESIDENTIAL HOMES; AMENDING SECTION 4.4.1, "AGRICULTURE ZONE DISTRICT (A)", SUBSECTION 4.4.1(B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.2, "RURAL RESIDENTIAL (PR) ZONE DISTRICT", SUBSECTION 4.4.2(B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS", SUBSECTION 4.4.3(B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT," SUBSECTION 4.4.5(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SUBSECTION 4.4.5(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(B), "PRINCIPAL USES AND STRUCTURES PERMITTED, SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.9, -20- 05/01/01 "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SUBSECTION 4.4.9(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION 4.4.13 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT," SUBSECTION 4.4.17(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SUBSECTION 4.4.17(C), "ACCESSORY USES AND STRUCTURES PERMITTED", SUBSECTION 4.4.17(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.21, COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21(B), '"'PRINCIPAL USES AND STRUCTURES ALLOWED", SUBSECTION 4.4.21 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD), SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES ALLOWED" SUBSECTION 4.4.24(D), "CONDITIONAL USES AND STRUCTURES ALLOWED" TO PROVIDE FOR THE REGULATION OF GROUP HOMES AND COMMUNITY RESIDENTIAL HOMES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Jay Jambeck, Assistant City Attorney, stated slight changes were made to this ordinance based on the Commission comments. Mr. Perlman stated he feels it is important to note that this is corrective in nature. Mr. Jambeck emphasized that the changes made were minor wording changes to the definition "group home". Mayor Schrnidt declared the public hearing open. Alice Finst~ 707 Place Tavanh representing the Board of Directors of the Homeowners' Lea~,ue of Chatelaine, stated there is an item that reads: "no more than six unrelated residents Group Home Type 1' and asked if this type of group home would be permitted an R-l-AB (Single Family Residential) zoning? In response, Jay Jambeck, Assistant City Attorney stated this would be permitted in R-1 zoning. Ms. Finst stated the City Code states that it is no more than five unrelated persons and inquired as to why this ordinance provides for up to six unrelated residents. Mr. Jambeck explained that the Florida Statute that this ordinance -21- 05/01/01 is based on provides up to six unrelated residents so it is consistent with Chapter 419, Florida Statutes. Ms. Finst stated this could be a problem as far as the interpretation of the zoning code. Mayor Schmidt commented that he assumes the Florida Statute would supersede the City's ordinance. Mr. Jambeck stated that indeed the Florida Statute would supersed the City's ordinance. Ms. Finst stated there is apparently no square footage as far as the size of the house that this could go into. She stated there are two-bedroom homes in Chatelaine and asked if there could be six unrelated people living in a two-bedroom house? There being no one else who wished to address the Commission on this issue, the public hearing was closed. The City Manager recommended that Ms. Finst voice her concerns to State and Federal Legislators because they have the power to change it. He stated it is important for people to remember that a "group home" is different than simply five unrelated individuals living together. In a "group home" they must be living together as a family and there is a certain amount of supervision and support care. Mrs. Archer moved to adopt Ordinance No. 23-01 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Prior to the vote, Mr. Peflman emphasized that this is not something the City is doing to ensure that neighborhoods are filled with group homes. Mr. Perlman reiterated the wording change to this ordinance is corrective in nature and stated State and Federal regulation tie the City's hands to a certain extent. Therefore, Mr. Perlman suggested if someone is concerned over this issue, they need to contact the State and/or their Congressman. 10.C. ORDINANCE NO. 21-01: An ordinance amending Chapter 92, "Boats and Boating", Section 92.10, "Mooring to Public Property" of the City Code of Ordinance to prohibit prolonged dockage at Veterans Park, and also the use of City electricity and other utilities while docking. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 21-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING HEADING, "GENERAL PROVISIONS", SECTION 92.10, "MOORING TO PUBLIC PROPERTY", TO SPECIFY THE LENGTH OF TIME A PERSON IS PERMITTED TO DOCK AT VETERANS PARK, LIMITING THE USE OF CERTAIN CITY FACILITIES IN VETERANS PARK AND REFERENCING LDR SECTION -22- 05/01/01 4.3.3(U) RESTRICTING LIVE ABOARD VESSELS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on this issue, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 21-01 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.I). ORDINANCE NO. 31-01: An ordinance amending Chapter 73, "Parking Schedule" of the City Code of Ordinance by extending the two-hour parking regulation along Atlantic Avenue, east of Swinton Avenue to State Road A1A, to 8 p.m. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 31-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIC CODE", CHAPTER 73, "PARKING SCHEDULES", SCHEDULE I. "TWO-HOUR/FOUR-HOUR PARKING ZONES", BY AMENDING SUBSECTION (B), "TIME LIMIT", TO PROVIDE THE PARAMETERS FOR PARKING ON ATLANTIC AVENUE FROM SWINTON TO A1A; PROVIDING FOR A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on this issue, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 31-01 on Second and FINAL -23- 05/01/01 Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 20-01: An ordinance amending Chapter 97 "Health and Safety", by creating Section 97.10 "Citrus Canker Control Procedures" of the Code of Ordinance thereby adopting a method to be adhered to by Vegetation Maintenance Companies and Public Utility Companies within the City of Delray Beach in order to help control the spread of Citrus Canker. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 20-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A METHOD OF CITRUS CANKER DECONTAMINATION TO BE ADHERED TO BY VEGETATION MAINTENANCE COMPANIES AND PUBLIC UTILITY COMPANIES WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE. DATE. (The official copy of Ordinance No. 20-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on this issue, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 20-01 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.F. RESOLUTION NO. 39-01 (STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): A resolution adopting the Local Housing Assistance Plan for Fiscal Years 2001-2004 pursuant to the State Housing Initiatives partnership (SHIP) Program. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 39-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE LOCAL HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE -24- 05/01/01 HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED HERETO; ESTABLISHING A MAXIMUM COST PER UNIT, THE STRATEGIES AND INCENTIVES OF THE PLAN, THE MAXIMUM SHIP FUNDS ALLOWABLE FOR ASSISTANCE, THE MAXIMUM SHIP FUNDS FOR ADMINISTRATIVE EXPENSES; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE UPON APPROVAL. (The official copy of Resolution No. 39-01 is on file in the City Clerk's office.) Lula Butler, Director of Community Improvement, stated this item is before the Commission because under the SHIP Program the State requires the City to adopt and approve a housing assistance plan for the next three years by adopting Resolution No. 39-01 pursuant to Title 67-37 of the Florida Administrative Rules. Ms. Butler stated the City anticipates receiving approximately $443,000 per year because of the dock sales and commented that housing sales have been wonderful. Mr. Perlman commended Ms. Butler for the outstanding job she has done with housing and questioned why the annual allotment does not change over the three-year fiscal year period? In response, Ms. Butler stated because they tell you must use the allotment that they project and they make it the same for three years even though it will change each year. Ms. McCarthy asked if Ms. Butler has found that they have been able to keep up with the cost of the lots? In response, Ms. Butler stated the lower interest rates have helped, however, the lot costs have gone up. Ms. Butler stated the availability of lots these days is a challenge for the City. Ms. McCarthy asked if this is something the City should address as well? Ms. Butler stated one of the reasons staff is putting the lot acquisition in this particular plan is because the Delray Beach Housing Authority (DBHA) has indicated that there is a parcel of land that they would like to have some joint participation with from the City to do new home ownership and to target attractive land to acquire. Mrs. Archer asked if this money would be used for single family homes? In response, Ms. Butler stated this money would be used for single family homes. Ms. McCarthy stated in order for the City to get FHA criteria costs heightened, people locally need to write to HUD to say the medium price of homes is "xxx" number of dollars and suggested that perhaps the City could do this and it may help for next year's allocation. Ms. Butler stated the City has increased up to $134,000 as our maximum affordable unit and the City does use FHA criteria. Furthermore, Ms. Butler stated the allocation of SHIP dollars is not based on the cost of housing but is based on the doc stamps that are created. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on this issue, the public hearing was closed. -25- 05/01/01 Mr. Perlman moved to adopt Resolution No. 39-01, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. II.A. City Manager's response to prior public comments and inquiries. In response to a prior comment regarding children "jay walking" along Barwick Road, the City Manager stated the Police Department has worked very hard trying to make this area as safe as possible for children traveling to and from school. For example, the Police Department started a Bicycle Helmet Project in 1999, which has resulted in over 250 documented contacts with students. Even with this effort, the City Manager explained children would do things that will put themselves in danger from motorists. The City Manager stated officers would speak to representatives from both schools to encourage their students to follow the sidewalks and always be watchful when crossing the road. With regard to the possibility of placing a crossing guard somewhere in the middle of the stretch between Atlantic Avenue and Lake Ida Road, the Police Department would like to assess this possibility before providing a definite answer. The Police Department will have someone monitor the pedestrian flow to determine the number of children that would cross Barwick Road away from the regular crossing and evaluate whether an additional crossing guard is the solution or whether there may be other ways of addressing the problems. A further response should be available by the Regular City Commission Meeting of May 15, 2001. Secondly, the City Manager distributed maps to the Commission of the northwest area that shows existing sidewalks in green, sidewalks that are in the 2000 Bond Program are shown in brown, sidewalks adjacent to Atlantic Groves are shown in blue, and there are six streets where sidewalks will be built under the Community Development Block Grant (CDBG) Program. The City Manager stated that by the end of the year when these sidewalks are completed, every street in this area will have a sidewalk on at least one side with the exception of the north end of Roosevelt Avenue and a section of N.W. 1 st Street where the right-of-way is not sufficient to allow for a sidewalk. The City Manager commented that a map would be sent to Mrs. Rosetta Rolle and to the Northwest Neighborhood Presidents Council. ll.B. From the Public. ll.B.1. Jean Beer~ 2145 S.W. 26th Terrace, stated she had a brief conversation with Mayor Schmidt at the Charrette about the need for more leadership training for the Presidents and residents of the various homeowners' associations. Ms. Beer suggested that there be area meetings where staff could give a presentation and explain the City Boards and how they operate. In addition, Ms. Beer stated that City could also have something like Leadership Delray that could be done on an area basis. Mrs. Beer stated she feels this could be done on an area basis and would perhaps make people more aware of the different points of view and the different problems involved. ll.B.2. Chuck Ridle¥~ 137 S.W. 12th Avenue, commented about the Downtown Charrette and stated he feels it is the best process thus far for bringing the community together to -26- 05/01/01 look at the common interest of this community. He stated that with each Charrette there comes implementation and urged the Commission to continue to provide the necessary leadership so recommendations will be considered at the Charrette on Friday, May 5th. On behalf of all the residents who participated and those who could not, Mr. Ridley thanked the Commission. Mr. Levinson stated that just because he will not be attending the Charrette on Friday does not mean he is not committed. Mr. Levinson informed Mr. Ridley that he would be attending a graduation. ll.B.3. Kevin Warner, 240 Venetian Drive, echoed comments made by Mr. Ridley about the Downtown Charrette. Secondly, Mr. Warner thanked the Fire Department and the City for purchasing the new fire vehicle ("Fire Pumper"). Mr. Warner stated he had the pleasure of not only seeing the vehicle but he learned a lot about EMS functions and fire functions. 11.B.4. Alice Finst, 707 Place Tavant, echoed comments made by Mr. Ridley and agree that the Downtown Charrette was moving to see people from all different parts of the City working together with the plan. Ms. Finst stated she visited the old CRA office and was cordially welcomed and given the grand tour of all the plans and feels the Charrette produced some very innovative ideas. She emphasized that this is indeed open to the public and encouraged everyone to review the exciting plans for the West Atlantic Avenue area. At this point, the Commission moved to Item 12.C., Ordinance No. 28-01. 12.C. ORDINANCE NO. 28-01: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances. If passed, a public hearing will be scheduled for May 15, 2001. The City Manager presented Ordinance No. 28-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING TITLE 5, "PUBLIC WORKS", CHAPTER 52, "WATER", SUBHEADING, "GENERAL PROVISIONS"; BY AMENDING SECTION 52.01, "TURNING ON OF SERVICE", TO PROVIDE A NEW TITLE, "TURNING ON SERVICE"; BY RELETTERING THE FIRST PARAGRAPH SUBSECTION (A) AND BY CREATING A NEW SUBPARAGRAPH (B), PROVIDING FOR THE OPENING OF AN ACCOUNT IF THERE IS ONLY ONE METER; BY AMENDING SECTION 52.03, "USE OF WATER FROM HYDRANTS", SUBSECTION (B), TO PROVIDE FOR THE RETURN OF THE METER BEFORE THE DEPOSIT IS REFUNDED; BY AMENDING SECTION 52.04, -27- 05/01/01 "INTERCONNECTION OF PUBLIC AND PRIVATE SYSTEMS", TO PROVIDE FOR INTERCONNECTIONS WITH ADJACENT MUNICIPALITIES AND WATER UTILITIES; BY AMENDING THE SUBHEADING, "METERS", BY REPEALING SECTION 52.15, "MINIMUM SIZE OF METERS" AND ENACTING A NEW SECTION 52.15, "MINIMUM SIZE OF METERS", TO PROVIDE A METHOD TO DETERMINE THE CORRECT METER SIZE; BY AMENDING SECTION 52.17, "MULTIPLE CONNECTIONS THROUGH ONE METER", TO PROVIDE FOR CONNECTIONS THROUGH ONE METER UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 52.19, "VEGETATION WATER METERS", SUBSECTIONS (A) AND (B) AND ENACTING A NEW SUBSECTION (D), TO PROVIDE FOR THE LOCATION AND CIRCUMSTANCES WHERE USE OF A SEPARATE VEGETATION WATER METER IS PERMISSIBLE; BY AMENDING SECTION 52.30, "OWNER RESPONSIBLE FOR CHARGES", BY REPEALING THE FIRST PARAGRAPH AND ENACTING NEW SUBSECTIONS (A), (B), (C), (D), AND (E) TO CLARIFY THE RESPONSIBILITIES OF OWNERS AND TENANTS; BY REPEALING SECTION 52.33, AND ENACTING A NEW SECTION 52.33, "DEPOSIT TO GUARANTEE PAYMENT", TO CONSOLIDATE THE RATES AND THE DEPOSIT RATE FOR 1 1/2 INCH METERS OUTSIDE THE CITY, AND BY ENACTING A NEW SUBSECTION (B) TO PROVIDE THAT CUSTOMERS WITH NO PREVIOUS DELINQUENCY NEED NOT PAY A DEPOSIT; BY AMENDING SECTION 52.39, "OTHER FEES", BY AMENDING SUBSECTION (D), "METER REREADING CHARGE", TO PROVIDE FOR THE CIRCUMSTANCES FOR THE IMPOSITION OF THE CHARGE; BY AMENDING SUBSECTION 52.39(H), "FEE FOR MAINTENANCE OF IMPROVEMENTS IN RIGHT- OF-WAY", TO CORRECT THE FEE CHARGED BY THE CITY FOR INSTALLATION OF IRRIGATION IN RIGHTS-OF-WAY; BY AMENDING "WATER SHORTAGE EMERGENCIES", SECTION 52.67, "APPLICATION OF PROVISIONS", TO CLARIFY THE STANDARDS FOR THE DECLARATION OF A WATER SHORTAGE EMERGENCY; BY AMENDING SECTION 52.68, "WATER SHORTAGE PLAN ADOPTED BY REFERENCE; AMENDMENTS", AND SECTION 52.69, "DECLARATION OF WATER SHORTAGE CONDITION; EMERGENCY", TO PROVIDE FOR THE ENFORCEMENT OF ANY RESTRICTION IMPOSED BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; AND BY AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, CHAPTER SIX, "INFRASTRUCTURE AND PUBLIC -28- 05/01/01 PROPERTY", SECTION 6.1.10, "WATER SYSTEM", SUBSECTION 6.1.10(B), "DESIGN STANDARDS", SUBPARAGRAPH 6.1.10(B)(2), "FIRE PROTECTION PROVISIONS", BY AMENDING THE FOURTH BULLETED ITEM UNDER SECTION 6.1.10(B)(2) TO ELIMINATE THE REFERENCE TO THE WIDTH OF THE ROAD; BY AMENDING SECTION 6.1.10, "WATER SYSTEM", BY REPEALING SECTION 6.1.10(B)(3), "PROHIBITION ON INTERCONNECTIONS", BY REPEALING SECTION 6.1.10(B)(4), "LIMITATION ON NUMBER OF STRUCTURES PER METER", BY REPEALING SECTION 6.1.10(B)(5), "PROHIBITION ON USE OF CITY WATER FOR IRRIGATION", AND BY REPEALING SECTION 6.1.10(B)(6), "WATER METER SIZING", DELETING THESE PROVISIONS FROM THE LAND DEVELOPMENT REGULATIONS BECAUSE THE PROVISIONS ARE CONTAINED 1N CHAPTER 52 OF THE CODE OF ORDINANCES, AND BY AMENDING SECTION 6.1.10 BY ENACTING A NEW SECTION 6.1.10(D), "INCORPORATION BY REFERENCE", TO PROVIDE THAT CHAPTER 52, AS MAY BE AMENDED FROM TIME TO TIME, IS INCORPORATED IN THE LAND DEVELOPMENT REGULATIONS BY REFERENCE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 28-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Perlman moved to approve Ordinance No. 28-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.D. PER THE CITY ATTORNEY~ ORDINANCE NO. 32-01 IS REDUNDANT TO ORDINANCE 28-01 AND THEREFORE THIS ITEM HAS BEEN PULLED FROM THE AGENDA. 12.E. ORDINANCE NO. 30-01: An ordinance amending LDR Section 6.1.3(C)(2), regarding construction standards for sidewalks through driveways. If passed, a public hearing will be scheduled for May 15, 2001. The City Manager presented Ordinance No. 30-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES -29- 05/01/01 OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER SIX, "INFRASTRUCTURE AND PUBLIC PROPERTY," SECTION 6.1.3, "SIDEWALKS", SUBSECTION (C)(2), "SIDEWALK CONSTRUCTION", TO ELIMINATE THE REQUIREMENT RELATING TO WIRE MESH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 30-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Planning Director, stated this amendment is being processed to provide consistency between the LDR requirement and the City's Minimum Construction Standards and Specifications Manual. The Planning and Zoning Board held a public heating regarding this item at its meeting of April 16, 2001. There was no public testimony regarding the amendment. After discussing the item, the Board voted 7-0 to recommend approval of the proposed text amendment based upon positive findings with respect to LDR Section 2.4.5(M). Mr. Perlman moved to approve Ordinance No. 30-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. Ci~. Manager. With regard to information available from the Census Bureau, the City Manager stated that to date the Census Bureau has released limited information collected from Census 2000. The majority of currently available data comes from the Census 2000 redistricting summary file, which contains summary statistics on population counts for the total population for age 18 years and over, population counts by race, and population counts by Hispanic origin. The Census Bureau will continually release a due date as it comes available. Detailed age information is scheduled for release in mid-June. Information for larger geographic areas such as states and counties will be available before smaller geographical areas such as cities. Complete distribution of all data collected from the Census 2000 is not scheduled until March 2003. In addition, the City Manager stated the Census Bureau has noted constraints with staffing and budget Federal guidelines regarding the tabulation of data by race and ethnicity. Data processing or other considerations may result in changes to types of data products prepared or the timing of their release. The City Manager stated he has been asked to Chair the Transportation Committee for the Palm Beach County League of Cities. -30- 05/01/01 The City Manager stated that the City Manager's Best Practices Conference this past weekend was excellent and very informative. The City Manager referred to one session in particular and explained that four different cities were showing what they are doing with the "Intranet" as opposed to the "Internet" electronic government. He stated there are some very interesting uses being made of the Geographic Information System (GIS). 13.B. CiW Attorney. The City Attomey had no comments or inquiries on non-agenda items. 13.C. 13.C.1. CiW Commission. Commissioner Archer Commissioner Archer commented on the Downtown Charrette and stated she was not only extremely impressed with the number of people in attendance but also overwhelmed by the cooperation and overall commitment of the individuals involved in the planning of the Charrette. She stated those who did not attend the Charrette and those who may have attended should make every effort to stop by the old CRA office. Mrs. Archer encouraged everyone to attend the Downtown Charrette on Friday, May 4, 2001, from 7:00 p.m. - 9:00 p.m. being held in the City Commission Chambers at City Hall, 100 N.W. 1st Avenue. 13.C.2. Commissioner Perlman Commissioner Perlman also commented on the Downtown Charrette and stated as Co-Chair of the Steering Committee with Chuck Ridley he was truly impressed with the large diverse attendance. He stated staff did a great job with informing citizens of the Charrette and feels that overall the Charrette was exciting and very successful. However, Commissioner Perlman stated the only disappointment was that no one from the CRA attended the Charrette and he would like to know why. Commissioner Perlman stated he received a letter from a Jupiter resident who attended the Delray Affair and while at the event he received a parking ticket. Commissioner Perlman stated that along with the letter, the man enclosed the parking ticket and a check made payable to the City. Mr. Perlman gave all the information to the City Manager to handle. 13.C.3. Commissioner McCarthy Commissioner McCarthy stated she was extremely impressed that City employees who were at the Charrette after working all week long were not only enthusiastic but also very approachable. Ms. McCarthy feels all the City employees did a splendid job with keeping the flow of things going. -31- 05/01/01 With regard to the World Trade Council Luncheon, Ms. McCarthy stated the display by Nancy King, Staff Editor, was quite impressive and very well organized. Ms. McCarthy stated she had the opportunity to attend the Southwest President's Association Meeting this week and discovered that "Community Chat" (Cynthia Ridley is in charge of and is housed at MAD DADS), is complimenting what the City does regarding "Paint up Delray". Community Chat will be painting two more houses in the southwest area on Saturday, May 5, 2001 at 7:00 a.m. Ms. McCarthy feels this is wonderful and will only help to enhance the entire community. 13.C.4. Commissioner Levinson Commissioner Levinson stated he and the City Manager attended the Palm Beach County League of Cities Meeting and complimented the City Manager for giving a spectacular presentation regarding the Sheriff's initiatives in our City and other cities. With regard to the City Attorney's memo regarding dual office holding, Mr. Levinson suggested that City staff give recommendations on focus, possible meeting dates and times, the frequency of the meetings, etc. Therefore, Mr. Levinson stated this way if there are going to be any changes to the terms at least there will be some input from staff. Commissioner Levinson commented that the newspaper gave the City a dubious honor whereas the City was named the Aids Capitol of Palm Beach County. Mr. Levinson suggested that the City write a letter to communicate to the Palm County Health Department to see if there are some resources that they can bring to the community. Mr. Levinson stated there is a small clinic facility in the southwest area that is trying to address some of these issues. He stated this is clearly not a problem that the City would like to see continue on our streets. The City Manager explained that the people working on this came to the City and informed us of what they are going to be doing and asked for assistance in accessing the community. The City Manager stated that there are three or four steps they will be going through with that objective in mind of determining how to best do things that would help reduce the rate of this disease occurring and reiterated that this is a Palm Beach County Health Department initiative. Lastly, Mr. Levinson stated he has received periodic telephone calls regarding the aircraft noise coming from the Boca Raton Airport. Since Mr. Schwartz was so active in spearheading this issue, Mr. Levinson asked whether or not the Commission could prevail upon Mr. Schwartz to continue to keep the Commission appraised of this issue? The City Manager stated that Mr. Schwartz indeed has an interest regarding this issue and explained that Mr. Schwartz received a letter from the Federal Aviation Administration (FAA) and has asked the City Manager to draft a response to the letter. The City Manager stated that since Mr. Schwartz no longer serves on the City Commission he would like to be kept informed. Mayor Schmidt suggested that the City Manager ask Delores Rangel, Staff Assistant II, to contact the Boca Airport Authority. Mayor Schmidt commented that when he -32- 05/01/01 met with the Executive Director of the Boca Airport he was informed when the "Study" was completed they would insure a copy is delivered to City Hall so it would be accessible to the public and staff. Mayor Schmidt stated he would like to see the City follow up with this because the City only has a 30-day comment period. With regard to the Visions 2010 forums, Commissioner Levinson suggested that the City invite area Presidents Homeowners' Associations (i.e., NW residents) to Workshop meetings to give a brief presentation. He feels this may help to increase the attendance as well as give the Commission a better focus on issues and challenges facing certain neighborhoods throughout the City. Lastly, Mr. Levinson apologized and stated that he would not be here for the Downtown Charrette on Friday, May 4th because he will be attending his daughter's graduation. 13.C.5. Mayor Schmidt Mayor Schmidt echoed comments made by Mr. Perlman and Mrs. Archer regarding the success of the Downtown Charrette and thanked Jeff Costello, Chuck Ridley, and the Steering Committee for the tremendous job they did with putting together the Charrette. Mayor Schmidt stated that although he would like to encourage everyone to stop by the old CRA building to see what is going on before Friday evening, he wants everyone to be aware that so many people have stopped by, the staff is having trouble getting some of their work done. Mayor Schmidt stated he attended the World Trade Council Luncheon in Boca Raton with Vice-Mayor McCarthy yesterday. Mayor Schmidt stated the luncheon was well attended and the presentation was very informative. In addition, Mayor Schmidt stated he was impressed that there were more business contacts from people that are looking to maybe do business in Delray Beach and is glad the City elected to participate. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of Jesner Exanor v. City of Delray Beach and James Edward Schmidt. Attendees: Mayor David Schmidt Commissioner Pat Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Jon Levinson City Manager David Harden City Attomey Susan Ruby Kent Pratt, Esq. A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above case. -33- 05/01/01 Mayor Schmidt read the following statement for the record: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8) in the case of Jesner Exanor v. City of Delray Beach and James Edward Schmidt (no relation to the Mayor). The estimated length of the closed session shall be 15 minutes. The following persons will be attending: Mayor David Schmidt, Commissioners Pat Archer, Albert McCarthy, Jeff Perlman and Jon Levinson, City Manager David Harden, City Attorney Susan Ruby, Attorney Kent Pratt and a certified court reporter." Mayor Schmidt stated that after the closed session is over, he would announce that the regular meeting is reopened, and the closed session is terminated. At this point, the time being 8:00 p.m., the Mayor adjourned the regular meeting to the closed attorney/client session. At 8:45 p.m., Mayor Schmidt reconvened the regular meeting and announced that the closed session was terminated. At this point, Ms. McCarthy stated with regard to Item 8.P.E., page two, at its meeting of April 25,2001, the Site Plan Review and Appearance Board denied (7 to 0), a request for a color change for 633 West Atlantic, and existing commercial building, located on the north side of West Atlantic Avenue, west ofN.W. 6th Avenue. Ms. McCarthy stated she would like to appeal this decision because this was approved by the West Atlantic Avenue Redevelopment Coalition (WARC) Board but denied by SPRAB. After looking at the color schemes on record, the colors were acceptable they just stated that the color they wanted for the building they could use for the column and vise versa. In addition, the gentleman who put this forward was involved in an automobile accident and was not able to attend this particular meeting. Ms. McCarthy moved to reconsider Item 8.P.E. under the Site Plan Review and Appearance Board, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. .McCarthy - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to appeal Item 8.P.E., seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. There being no further business, Mayor Schmidt declared the meeting adjourned at 9:00 p.m. Acting City Clerk -34- 05/01/01 ATTEST: MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular Commission Meeting held on May 1, 2001, which minutes were formally approved and adopted by the City Commission on Acting City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval, which may involve some amendments, additions or deletions. -35- 05/01/01 MARCH 20, 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:05 p.m., Tuesday, March 20, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2_ Due to the absence of Reverend Dan Casselberry, the City Manager delivered the opening prayer. e The Pledge of Allegiance to the flag of the United States of America was given. 0 Agenda Approval. Mayor Schmidt stated Carolyn Zimmerman has requested an additional presentation and consequently noted the addition of Item 7.A.A., Recognition to Commissioner Bill Schwartz. Mayor Schmidt noted the addition of the Minutes for the Regular Meeting of February 20, 2001, and the Special Meeting of March 12, 2001, by addendum. Mayor Schmidt requested that Item 8.E., Pineapple Grove Brick Paver Sidewalk Agreement/Myers be pulled from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. because of a conflict of interest. The City Attorney requested that Item 12.B., Ordinance No. 21-01 be removed for modification. Mr. Perlman moved to approve the agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 03/20/01 5. APPROVAL OF MINUTES: With regard to the minutes of the Regular Meeting of February 20, 2001, Mayor Schmidt noted that for Item 9.C., Waiver Request to Reduce Open Space Requirement /Block 69 Municipal Parking Garage and Item 9.D., Appeal of Historic Preservation Board Decision/Rectory Park Site Plan Modification (both Quasi-Judicial Hearings) it states: "Mayor Schmidt asked the Commission to disclose any ex parte contacts." Mayor Schmidt stated words need to be added directly following this statement to read: "No ex parte contacts were noted." Ms. McCarthy moved to approve the Minutes of the Regular Meeting of February 20, 2001 as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt noted a correction to page four of the Minutes of the Special Meeting of March 12, 2001 and stated Mr. Jack Haire from the public was allowed to speak prior to the vote on this item and the minutes should reflect his comments. Mr. Schwartz moved to approve the Minutes of the Special Meeting of March 12, 2001 as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Abstain; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. e PROCLAMATIONS: 6oA. Recognizing and commending County Commissioner Mary McCarty Mayor Schmidt read and presented a proclamation to County Commissioner Mary McCarty for her dedicated service and continuous commitment to Delray Beach and Palm Beach County. Ms. McCarty came forward to accept the proclamation and stated she is deeply honored to have the opportunity to serve Delray Beach. In addition, Ms. McCarty congratulated Commissioner Schwartz on a wonderful term in public office. 6oB. Recognizing April 15th -- April 22, 2001, as Days of Remembrance Mayor Schmidt read a proclamation proclaiming the week of April 15-22, 2001, as "Days of Remembrance" in Delray Beach, Florida, in memory of the victims of the Holocaust, and in honor of the survivors as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Delray Beach, should strive to overcome intolerance and indifference -2- 03/20/01 through learning and remembrance. 6oCo Recognizing May 20th - May 26, 2001 as National Public Works Week Mayor Schmidt read a proclamation recognizing May 20-26, 2001 as National Public Works Week in Delray Beach, Florida, and urge all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety comfort and quality of life. Robert A. Barcinski, Assistant City Manager, came forward to accept the proclamation. PRESENTATIONS: 7.A.A. Recognition to Commissioner Bill Schwartz Carolyn Zimmerman, resident of Delray Beach, presented Commissioner Bill Schwartz with a "Good Job Done Award" for making good decisions for Delray Beach by using good common sense. 7oA. Annual Financial Report - Ernst & Young Joseph Safford, Finance Director, stated for the last ten years he has had the pleasure of having an association with Paul Bremer with Ernst & Young who has done an excellent job with conducting audits of the City. Mr. Bremer has recently retired and a new partner is now in charge. Mr. Safford stated the production of the financial report takes approximately four months to complete. He explained it is quite a task to have audit teams in the Finance Department for a period of four months while at the same time trying to conduct day-to-day business. John Vodenicker, representing Ernst & Young, presented the Annual Financial Report for the fiscal year ending September 30, 2000. Mr. Vodenicker stated the financial audit went extremely well this year and the Finance Department was very cooperative in helping get the audit completed in a timely manner. Mr. Vodenicker read the following paragraph from page one of the Financial Section of the City of Delray Beach, Florida Comprehensive Annual Financial Report for fiscal year ended September 30, 2000: The Honorable Mayor and City Commission City of Delray Beach, Florida -3- 03/20/01 "In our opinion, based on our audit and the reports of other auditors, the general purpose financial statements referred to above present fairy, in all material respects, the financial position of the City of Delray Beach, Florida, as of September 30, 2000 and the results of its operations and the cash flows of its proprietary fund types for the year then ended, in conformity with accounting principles generally accepted in the United States." In addition, Mr. Vodenicker stated there are also reports, which are issued on the City's your Federal and State programs. In the case of the City's Federal programs, Ernst and Young did not find any non-compliance matters that need to be reported and also regarding the internal accounting control, there were no reportable conditions or material weaknesses. Regarding the State programs, Ernst & Young was able to issue a clean opinion on the audit, which is very positive. Mr. Vodenicker highlighted some of the results from the General Fund located on page nine of the audit. Mr. Vodenicker stated the City collected $52,186,913 (actual) and budgeted $50,070,520. This is a favorable budget variance because the City collected $2,116,393 more than the amount budgeted. Under the expenditure categories, the City expended $47,510,948 and actual appropriated $47,529,498 as its actual. Again, Mr. Vodenicker stated this is a favorable budget variance because the City did not exceed its budget of $18,550. Under the last line of the budget category, Mr. Vodenicker stated the City was anticipating expending approximately $284,478 more than what the City had been receiving. Under the "Actual" column, Mr. Vodenicker explained that the City added $2,066,740 to the City's fund balance rather than taking it away so it was a very positive year from a perspective of the budget for the General Fund. This caused the fund balance to go up from $13,102,292 to $15,135,329. If you compare that between 1999 and 2000 the total fund balance (which includes reserved and restricted fund balance amounts) represents 31.9 % of the City's total expenditures for the year. Last year was 29.2% so the City had a favorable increase in the amount of fund balance. The unreserved that is available fund balance ended the year at 19% versus last year at 15.4%. Mr. Vodenicker feels the City of Delray Beach is moving towards a very strong unreserved fund balance. Mr. Vodenicker made reference to the smaller report and stated that on page two it shows the major sources of revenues and there have been some very favorable increases over the last five years in total revenues going from $45,000,000 to $55,000,000. On page four, it shows the expenditures that the City has incurred over the last five years. Mr. Vodenicker stated the City has been able to maintain a very favorable increase. On page four, the reason for the decrease in the general fund is because there was a lawsuit last year regarding a right-of-way that caused this to go up slightly but is now back down to where it has been over the five year period. -4- 03~0~1 On page five, Mr. Vodenicker stated that the Water & Sewer Fund had very favorable results. Mr. Vodenicker stated that the City purchased meter replacement program and incurred $1.8 million in operating costs which caused the net income to actual be a net loss for this fiscal year. Mr. Vodenicker stated even with that, in general, the City has a very strong debt service coverage ratio that the City is able to cover its debt service. Overall, the City has had very favorable and positive increases in the revenues and the City has been able to keep the revenues ahead of the expenditures. Included in the booklet is the management letter from Ernst & Young which management is required to review and respond to these comments. Mr. Vodenicker stated Ernst & Young has reviewed the responses from management and concurs with each one of their responses. Mayor Schmidt thanked Mr. Vodenicker for his presentation and for preparing the smaller booklet this year. Mayor Schmidt stated he found this booklet to be extremely helpful. In addition, Mayor Schmidt thanked Mr. Safford and his entire staff in the Finance Department along with the City Manager and Department Heads for all their hard work and effort that goes into the preparation of the Comprehensive Annual Financial Report. 7.B. Sister Cities Committee and the Delray Art League - Sister Cities International "Young Artist Exhibit 2001"- "Impressions of The Fruits of World Peace" Mayor Schmidt announced the winning entries and presented Certificates of Achievement to the following individuals: Sister Cities International Young Artist Competition 2001: MIDDLE SCHOOL HONORABLE MENTION Jason LeGunn American Heritage School 3r'~ PLACE Maria Elvira Vera American Heritage School 2na PLACE Rachel Talasko Unity School 1 st Place Mary Ann Sandy American Heritage School -5- 03/20/01 HIGH SCHOOL Honorable Mention Ashley Ford Atlantic Community High School 3rd Place Quinn Russell American Heritage School 2nd Place Kelley Park Atlantic Community High School 1 st PLACE & OVERALL WINNER Kevin Wetmoreland American Heritage School CONSENT AGENDA: City Manager Recommends Approval. 8.A. WATERWAY VILLAGE DEVELOPER'S AGREEMENT: Approval of the agreement between the City and the developer of Waterway Village. This development is proposed to be located south of Lindell Boulevard and between Dixie Highway and Federal Highway. 8.B. ACCEPTANCE OF EASEMENT DEED: Approve and accept an easement deed granting to the City the means to install and maintain a water main along the east side of a vacant lot on Douglas Avenue. 8.C. ACCEPTANCE OF EASEMENT DEED: Approve and accept an easement deed which allows an electrical connection for lighting to the parking lot located at the comer of NE 3ra Avenue and NE 12th Street. 8,Do PINEAPPLE GROVE BRICK PAVER SIDEWALK AGREEMENTS AND EASEMENTS: Approve the standard agreement and easement deed to allow brick paver sidewalk construction and future maintenance in Pineapple Grove. 8ogo THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.F. AGREEMENT FOR SIDEWALK IMPROVEMENTS/DALE E. POPIK: -6- 03/20/01 Approve an agreement between the City and Dale E. Popik to allow the deferral of sidewalk improvements within the Cypress Drive right-of-way immediately abutting 964 Cypress Drive, Tropic Isle until such time as the City requests the sidewalk to be constructed. a.G, AGREEMENT FOR SIDEWALK IMPROVEMENTS/GERSON BAITEL: Approve an agreement between the City and Gerson Baitel to allow the deferral of sidewalk improvements within the SE 9th Street right-of-way immediately abutting 714 SE 9th Street, Rio Del Ray Shores Subdivision until such time as the City requests the sidewalk to be constructed. g.H. MODIFICATIONS TO DEP CONTRACT FOR FUNDING RELATING TO THE YEAR 2001 BEACH NOURISHMENT PROJECT: Approve the modifications to Florida Department of Environmental Protection (DEP) contract #99PB2 for the state's cost sharing of the upcoming Beach Nourishment Project. 8.I. RESOLUTION NO. 25-01: Approve Resolution No. 25-01 requesting the United States Army Corps of Engineers to implement an emergency deviation from the Water Conservation Area #1 (WCA #1) regulation schedule to 11.00 feet NGVD during the South Florida Water Management District declared water shortage. The caption of Resolution No. 25-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE UNITED STATES ARMY CORPS OF ENGINEERS TO IMPLEMENT AN EMERGENCY DEVIATION FOR THE WATER CONSERVATION AREA NUMBER ONE TO 11 FEET NGVD DURING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT DECLARED WATER SHORTAGE; DIRECTING THE CITY CLERK TO PROVIDE COPIES; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 25-01 is on file in the City Clerk's office.) 8.J. RESOLUTION NO. 26-01: Approve Resolution No. 26-01 opposing all Legislative Initiative which would eliminate or diminish authority of Local Governments to amortize billboards along "any" highway system. The caption of Resolution No. 26-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING ALL LEGISLATIVE INITIATIVES WHICH WOULD ELIMINATE -7- 03/20/01 OR DIMINISH THE AUTHORITY OF LOCAL GOVERNMENTS TO AMORTIZE BILLBOARDS ALONG "ANY" HIGHWAY SYSTEM, THEREBY ENLARGING THE CURRENT FEDERAL MANDATE TO PAY CASH ONLY FOR THE REMOVAL OF SIGNS ALONG FEDERAL-AID PRIMARY HIGHWAY SYSTEM; SPECIFICALLY OPPOSING SECTION 26 OF PROPOSED HOUSE BILL 1053 AND ANY OTHER ATTEMPTS TO LIMIT THE LOCAL GOVERNMENT'S ABILITY TO REGULATE BILLBOARDS; PROVIDING FOR DISTRIBUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 26-01 is on file in the City Clerk's office.) 8.K. RESOLUTION NO. 28-01: Approval of a resolution authorizing the City to transfer real property located at 214 SW 5t" Avenue to allow the transfer of one lot to Habitat for Humanity of South Palm Beach County. The caption of Resolution No. 28-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT LOT 4, BLOCK 23, AS MORE PARTICULARLY DESCRIBED HEREIN, TO HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. TO BE UTILIZED FOR AFFORDABLE HOUSING. (The official copy of Resolution No. 28-01 is on file in the City Clerk's office.) 8.L. AMENDMENT Itl TO THE CONTRACT WITH OMNICOM, INC.: Approval of Amendment #1 to the Omnicom contract for an amount not to exceed $20,877.50, for additional consulting fees associated with the final testing and implementation of the new 800 MHZ radio system. 8.M. SERVICE AUTHORIZATION It3/CH2M HILL, INC.: Approve Service Authorization #3 with CH2M Hill, Inc., in the amount of $39,151.00 for consulting engineering services in conjunction with updating the City's Water Supply Master Plan. Funding is available in 441-5111-536-31.90 (Water/Sewer-Other Professional Services). 8,N. CONTRACT AWARD & CHANGE ORDER Itl/MAN-CON, INC.: Approve -8- 03/20/01 the Contract Award in the amount of $730,337.00 and Change Order #1 in the amount of $184,047.50 for a total of $914,384.50 to Man-Con, Inc. for the Barrier Island Infrastructure Improvements. Funding is available in the amount of $346,315.00 from 370-3162-541-65.42 (Barrier Island); $13,785.00 from 441-5161-536-65.42 (Barrier Island); $63,213.00 from 442- 5178-536-65.16 (Water/Sewer Island Drive); $117,000.00 from 442-5178-536-65.52 (Island Drive/Harbor Drive); $171,115.00 from 442-5178-536-65.42 (Island Drive/Harbor Drive); $34,963.00 from 448-5461-538-6338 (Island Drive Drainage); $167,993.50 from 448-5470-538- 65.42 (Barrier Island). 8.0. STREET CLOSURE REQUEST: Approve a request to grant temporary use permit per LDR's Section 2.4.6 (H) for the closure of SE 4th Avenue from Atlantic Avenue to SE 1st Street on March 23rd from 3:30 p.m. until 8:30 p.m. for a Vintage Car Show being sponsored by the Delray Beach Public Library. 8.P. SPECIAL EVENT/EASTER SUNRISE SERVICE: Approve a request to grant temporary use permit for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar on April 15th from 5:30 a.m. until 7:30 a.m., for the use of the pavilion, staff support, barricading, and EMS assistance on behalf of the Delray Beach Clergy Association. 8.Q. AGREEMENT FOR TRAFFIC AND PARKING ENGINEERING SERVICES: Approve an agreement in the amount of $25,652.00 to Lawson, Noble & Webb, Inc. for traffic and parking engineering services associated with the Downtown Business District Plan. 8.R. AGREEMENT FOR MARKET ANALYSIS CONSULTANT SERVICES: Approve an agreement in the amount of $20,000.00 to Marketek, Inc., for market analysis consultant services associated with the Downtown Business District Plan. 8.S. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $17,000.00 for one (1) income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924- 554-83.01 (SHIP Program), representing the 120th homeownership assistance grant provided through the program to-date. 8oTo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 5th through March 16, 2001. 8.U. AWARD OF BIDS AND CONTRACTS: Bid award for vehicle replacement from State Contract, as specified in Attachment "C", and from a local bid as specified in Attachment "D'. -9- 03/20/01 Funding is available from 501-3312-591-64.20 Garage/Automotive) in the total amount of $64,790.00. (Central Bid award to Rust Off, Inc. in the amount of $25,600.00 for anti-rust chemicals for the city irrigation system. Funding is available from 119- 4144-572-52.21 (Beautification Fund/Chemicals). e Bid contract renewal for the purchase of calcium hypochlorite from Leslie's Swimming Pool Supplies and purchase of liquid chlorine from Jones Chemical via the City of Boca Raton Coop Bid #2000-046 at an estimated annual cost of $73,815.00. Funding is available from 441-5122- 536-52.21 (Water/Sewer Fund/Chemicals) for $69,090.00 and from 441- 5144-536-52.21 (Water/Sewer/Chemicals) for $4,725.00. e Bid award for a new vehicle from State Contract, to Regency Dodge in the amount of $24,186.00 for a Dodge heavy-duty 3/4 ton pick up truck. Funding is available from 001-2315-526-64.20 (Fire Department/Automotive). Mr. Schwartz moved to approve the Consent Agenda as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 0,A. REGULAR AGENDA: 9.A.A. PINEAPPLE GROVE BRICK PAVER SIDEWALK AGREEMENT/MYERS: Approval of a Brick Paver Sidewalk Construction Agreement with owners Warren J. Myers & Patricia A. Healy-Golembe for property located at 181 N.E. 2nd Avenue. Mayor Schmidt stated he has a conflict of interest with this item and stepped down. He passed the gavel to Vice-Mayor Archer. Brian Shutt, Assistant City Attorney, stated this item concerns an agreement with Mr. Myers concerning the installation of paver bricks on Pineapple Grove Way that is in the special assessment district. Mr. Shutt stated that the only reason that this agreement was different from the other agreements that the Commission previously approved on the Consent Agenda is that Mr. Myers did not want to execute an easement for the City entering onto his private property at a later date in case the City had to do maintenance on the brick pavers. In addition, there was a slight modification to the agreement where Mr. Myers requested a 2-foot offset off the front of his building because he has hurricane panels that he needs adequate room -10- 03/20/01 to install. Mr. Schwartz moved to approve the Pineapple Grove Paver Sidewalk Agreement with Warren J. Myers & Patricia A. Healy-Golembe for property located at 181 N.E. 2na Avenue, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.Ao ATLANTIC GROVE DEVELOPMENT/LOCAL INITIATIVES SUPPORT CORPORATION (LISC): Consider approval of the request from the Developer and its non- profit partners to participation in the Department of Housing & Urban Development's Section 108 Loan Guarantee Program. Lula Butler, Director of Community Improvement, stated that at last week's Workshop meeting the Commission asked staff to consider three different directions. The first request of the Commission was to consider reviewing the preliminary pro-forma data performer for the Atlantic Grove Project to determine whether or not the development had a sufficient amount of cash flow to support a $1.5 million dollar loan. A consultant has reviewed this as well as the HUD Washington D.C. office. Based on the information that has been submitted Mrs. Butler stated it appears that the project is on sound footing. Secondly, Ms. Butler stated that she has not been able to directly speak to Michael with Langton & Associates because he is currently in Tallahassee. However, Ms. Butler checked with HUD to see if they received any other applications from Langton & Associates both under the Economic Development Initiative (EDI) Competitive Grant Program or Section 108. HUD has informed Ms. Butler that they have not received any other applications at this point. Ms. Butler explained that she is requesting that the Commission allow the City to hire the consultant services of a firm that has direct experience and has been recommended by the HUD office. Ms. Butler stated the third item is on the impact on using General Revenue dollars as "additional security" to the City's bonds rating. The City Attorney stated that depending on the language, the City could use non-ad valorem revenues as a back up. Mayor Schmidt stated since the repayment scenario has changed, he politely asked Ms. Butler to elaborate on this issue for the benefit of the public. Ms. Butler stated that the Local Initiatives Support Corporation (LISC) submitted their proposal that puts forth several different terms of repayment and other conditions that they want the City to consider. She stated that staff is looking at using the Competitive Economic Development Initiative Grant Program as a part of the financing so that we may look at this project and give them a jump start for the first five years and use those economic development grant funds to cover the debt service to the City during that interim period. Ms. Butler stated -11- 03/20/01 HUD has given the City preliminary approval. Mr. Perlman stated before making a decision he would like to see the pro formas provided by LISC. He expressed support for the TED Center and the LISC. However, from his perspective he feels there is only a fine amount of money that the City can invest. He does not see the upside of this project and feels it is a large risk for the City. Ms. Butler requested that the Commission authorize staff to proceed with the application and then bring back to the Commission again before actually submitting the application to HUD. Ms. Butler explained that if the Commission is not comfortable with the terms, etc. they will still have the ability to say "no". Mr. Perlman inquired as to what the cost would be to prepare? In response, Ms. Butler stated that the going rate for hiring a consultant is approximately $25,000. Mr. Perlman asked how much it would cost to monitor the project? Ms. Butler stated that HUD has advised the City that we could minimize our administrative cost by using the Section 108 Guarantee funds for soft costs to the project such as property acquisition, design and permits which will not trigger Federal prevailing wage requirements. If the City uses Section 108 dollars for repayment of interest on first or second mortgages or closing costs, it will constitute financing of the construction work in whole or part and thus, would trigger Davis-Bacon wage requirements. There is a job creation responsibility that the City would be required to monitor which is a benefit to the community. Approximately 144 jobs (temporary and permanent) will be created with the project. Mr. Perlman reiterated that regardless of what it does, this project is still coming and feels the City does not need to spend this money to get it to come here to succeed. Mr. Perlman stated the City could use this as a tool to get additional projects that would create additional jobs. Mr. Perlman inquired about the rents and asked if the City has a business plan in place that says the rent will be lowered if the City decides to contribute this money? In response, Ms. Butler stated that staff has not had any discussion with them regarding such. The City Manager stated that one of the reasons the City would like to retain the consultant because staff does not feel they have the expertise to evaluate it and we would be taking something at face value. The consultants that have been recommended to the City by HUD understand the private sector financing very well. In addition, the City Manager stated that HUD understands the pro formas of what is realistic versus what is unrealistic. Mr. Perlman stated he feels there are numerous business professionals in this community that could probably look at this for a lot less than $25,000 and inform the City whether or not this is a good investment. Ms. McCarthy asked that when the consultant is going through its process, is it not correct that the City can keep the records? In response, Ms. Butler stated it is correct that the City can keep the records and stated someone will be learning how to complete the proformas so that next time the City can complete them. Ms. McCarthy stated she does not question HUD's ability to inform the City as to whether or not it is valid or not. However, Ms. McCarthy asked -12- 03/20/01 why the Commission has not seen the proforma? Ms. Butler explained that she inadvertently did not attach the proforrna to the agenda back up. Mrs. Archer reiterated Ms. McCarthy's comments and asked Ms. Butler if the City decides to approve a Section 108 Loan does she feel the City will still need to use the assistance of a consultant? In response, Ms. Butler recommended using the consultant considering this would be the first time the City has submitted an application for a Section 108 Loan. Mayor Schmidt stated he spoke with Robert Federspiel, CRA attomey, and there were some questions from other applicants regarding any potential liability there would be for the City if approved. Mayor Schmidt stated that Mr. Federspiel informed him that because of the fact that the CRA voted not to use TIF dollars to support this, he did not feel there was really any exposure for liability to the CRA because any of the applicants could have come to the City at this stage and make this same application. In addition, Mr. Federspiel felt there to is no advantage being offered to Atlantic Grove coming to the City as this point. Also, Mayor Schmidt stated he attended the West Atlantic Redevelopment Coalition (WARC) on Wednesday evening where they recommended that the City support this with the exception of Jimmy Weatherspoon who dissented because he felt the developer should cover all the interest payments but did support the idea of using Section 108. Mayor Schmidt feels it is very important for the City and the West Atlantic Avenue Redevelopment Plan that this developer is successful and urged the Commission to support this proposal. At this point, Mr. Perlman commented that he does want to see this project succeed. However, Mr. Perlman stated that the developer informed the Commission that this is 10% of his financing and that he would do it anyway and succeed. Mr. Perlman stated the Commission has still not seen what the developer will do with the money to make it more competitive. Ms. Butler stated the financial performer that met with staff recommended proposed rental rates in the amount of $15.00 per square foot for commercial space and $14.00 per square foot for office space. Annetta Jenkins, Program Director for LISC, stated the pro forma that has been presented to the City is the one that is used for underwriting and it uses a rate of $14.00 per square foot for the office space and $15.00 per square foot for the retail space. Ms. Jenkins stated LISC completed a market study and the preliminary market study showed that market rents were $2-$3 higher than the amount used in the pro forma. She pointed out that reason LISC and the Community Development Corporations (CDC's) are involved is so that they could attract businesses from the surrounding community those businesses move in and be competitive. Mayor Schmidt asked Ms. Jenkins in order to cover financing costs would LISC -13- 03~0~1 have to charge market rent? In response, Ms. Jenkins stated that LISC would have to charge market rent. Mayor Schmidt stated this would be $16-$17 a square foot versus the $14-$15 per square foot. Ms. Jenkins stated $16-$17 would be minimal. Mr. Perlman stated there are other tools other than the Section 108 Loan for projects like this. He stated there are grants out there for job creation up to $2,500 per job that could be used as an inducement that would not cost the City anything other than designating the property a certain way. Ms. Jenkins stated that Commissioner Perlman is absolutely correct and there are a number of soft money sources. However, this is a question of timing, the use of the money, and where the dollars could come into the project. Those programs are generally not available for construction or acquisition or soft costs or pre-development at that particular time. The Community Development Corporations (CDC's) and the other for-profit developer are pursuing every possible avenue to write down the cost of the project. Ms. Jenkins stated them are monies from the Economic Development Administration that the TED Center is pursuing, there are County CDBG program dollars but stated they are very small amounts of money. Ms. Jenkins stated this is a $20 million project and stated that this is really an issue of timing. She reiterated that LISC is asking that staff be allowed to only pursue an application. Mr. Perlman asked Ms. Jenkins if she would proceed without the money? In response, Ms. Jenkins stated that this decision would have to be made by the partners. Ms. Jenkins stated that the project may work with all conventional financing but would be very expensive and there would be no guarantee that the contractual terms would be met in a timely manner. Ms. Jenkins stated there would be a direct benefit to this community. For example, during construction an estimated 200 jobs will be available and approximately 144 permanent jobs will be available as a result and there are programs included within the marketing plan that will be reaching people in the immediate community to fill those jobs. Mrs. Archer moved to approve for the use of the consultant with the understanding this would come back to the Commission for a decision on whether or not to pursue the final application with HUD or the Section 108 loan, seconded by Ms. McCarthy. Prior to the vote, discussion by the Commission followed. Mr. Schwartz stated that it appears that Mayor Schmidt made a comment that he spoke with the council for the CRA and at this point there was a question that those unsuccessful bidders could now acquire this loan. However, at the time of the bidding, Mr. Schwartz stated does not feel that they possibly did not have the knowledge that this particular loan was available to them. Also, Mr. Schwartz stated he does not feel that this builder's successful bidder was aware of this either because they did not bid subject to the loan being available to them. Mr. Schwartz stated this was not a part of their proposal at all. Secondly, Mr. Schwartz stated that we all are aware that the interest rates are dropping rapidly all over the country for residential borrowing, commercial borrowing, and construction borrowing as well. Mr. Schwartz stated -14- 03/20/01 their cost of funding is being improved on a daily basis. Mr. Schwartz stated this is a very experienced and sophisticated builder/developer and their financial expert is well versed. On the other hand, Mr. Schwartz is extremely concerned with the affect this will have on the taxpayers and he does not wish to see the City inhibit the opportunity for other builder/developers to come into our City. Mr. Schwartz stated he feels the City needs good reputable builder/developers to improve our community. Mr. Schwartz is strongly opposed to the City continually expending funds to hire consultants and experts. He feels the City has art adequate staff with great capabilities who can provide the expertise without having to pay consultants. Mr. Schwartz stated he does not feel the City should approve the loan or hire the consultant because he feels this ultimately not fair to the residents or taxpayers. First, Ms. McCarthy commented that interest rates are indeed very low in the real estate industry today. With regard to the stock market, Ms. McCarthy stated sooner or later the stock market will begin to go on the up trend and by the time loan commitments are put in place, the interest rates will not be what they are today. Secondly, Ms. McCarthy stated she agrees we have an excellent staff and commented that most employees have a substantial job descriptions and have quite a lot of responsibility in order to complete the tasks they are already doing. Ms. McCarthy stated the City has someone in-house to help write additional grants so the City can obtain additional dollars. With regard to the Decade of Excellence Bond, Ms. McCarthy stated the City and citizens as a whole voted on referendum which the City approved and allocated bond money. The City formed a Community Redevelopment Agency (CRA) so that we could very proud of our City. The first part of that has been established with the downtown area, which is continually booming. Ms. McCarthy stated she does not see why some people are hesitate now to help with expanding the West Atlantic Avenue area with at least there being a proposal in place with a performer and stated jobs above minimum wage cannot be created unless the businesses are placed in the building. Ms. McCarthy stated she is concerned that the City is not put themselves in a position that if additional research is necessary, the City will be in a position to do so and urged the Commission to take advantage of this opportunity. Upon roll call the Commission voted as follows: Mr. Perlman - No; Mrs. Archer - Yes; Mr. Schwartz - No; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 3 to 2 vote. At this point, the time being 7:15 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: -15- 03/20/01 10.A. ORDINANCE NO. 19-01: An ordinance amending the Future Land Use Map from County MR-5 (Medium Density Residential 5 du/ac) to City LD (Low Density Residential 0-5 du/ac) and associated annexation with initial zoning of R-I-AAA for the Priest Property, located at the northwest comer of Barwick Road and L-31 Canal. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. This is a quasi-judicial hearing: The City Manager presented Ordinance No. 19-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF BARWICK ROAD AND L-31 CANAL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW DENSITY, 0-5 UNITS/ACRE) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO R-l-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-01 is on file in the City Clerk's office.) The City Attorney stated all involved parties would conduct this item as a quasi- judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. -16- 03/20/01 Paul Dorling, Planning Director, entered into the record the Planning and Zoning Department's project file #2001-055 and project file #2001-056. Mr. Dorling explained that this is a second reading for Ordinance No. 19-01 that provides for annexation, a small scale Future Land Use Map (FLUM) amendment from County MD (Medium Density Residential 5 dwelling units/acre) to City LD (Low Density Residential District) for a parcel of land located at the northwest comer of Barwick Road and the Lake Worth Drainage District Canal L-31. The subject property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zoning designation. The property is located within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation at this time. The 1.01-acre property contains an existing 3,820 square foot two-story single family home and a detached 1,204 square foot cottage. The applicant is seeking annexation into the City to obtain City water service. The Planning and Zoning Board held a public hearing in conjunction with the requests on February 26, 2001, and after reviewing the staff report and discussing the proposal, the Board voted unanimously (7-0) to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. At first reading on March 6th, the City Commission passed the ordinance by a 5-0 vote. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission, the public hearing was closed. Mr. Schwartz moved to adopt Ordinance No. 19-01 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 18-01: A City initiated ordinance correcting Future Land Use Map from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) and associated rezoning from RM (Medium Density Residential) to GC (General Commercial) for a th parcel of land located on the west side of NE 7 Avenue approximately 120 feet north of George Bush Boulevard. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. This is a quasi-judicial hearing. The City Manager presented Ordinance No. 18-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY -17- 03/20/01 OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 UNITS/ACRE) TO GC (GENERAL COMMERCIAL) DISTRICT, AND REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF N.E. 7TM AVENUE, APPROXIMATELY 120' NORTH OF GEORGE BUSH BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2000"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-01 is on file in the City Clerk's office.) The City Attomey stated all involved parties would conduct this item as a quasi- judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Paul Doding, Planning Director, entered into the record the Planning and Zoning Department's file #2001-081. Mr. Dorling explained this is a second reading for Ordinance No. 18-01 that provides for City initiated corrective small scale Future Land Use Map (FLUM) amendment from MD (Medium Density Residential 5-12 dwelling units/acre) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC (General Commercial) for a portion of the Nagle and Sail Inn properties, located on the west side of N.E. 7th Avenue, and approximately 120' north of George Bush Boulevard. The subject property is the south half of Lot 12, Block 2, Sophia Frey Subdivision, which is zoned RM (Medium Density Residential). The property is currently -18- 03/20/01 vacant, except for the encroachment of back-ont parking and a dumpster associated with the Sail Inn on the east 5' of the property. The majority of the subject property is owned by Mr. George Nagle, who owns a portion of Lot 11 to the south, which is currently, zoned GC (General Commercial). The balance of the property, approximately 14.96' x 34.35', is owned by the Sail Inn, which also owns the east 34.35' of Lot 11, zoned GC (General Commercial). With the adoption of the City's Comprehensive Plan and Future Land Use Map in November 1989, the FLUM designation for the property was changed from Commercial to Medium Density Residential 5-12 du/ac. Subsequently, with the Citywide Rezonings from GC to RM (Medium Density Residential). The Planning and Zoning Board held a public hearing in conjunction with the request on February 26, 2001. Two residents to the north and east of the property on N.E. 7th Avenue were concerned with future proposals to extend the commercial zoning north of the subject property into the neighborhood. The residents were informed this is a corrective rezoning for a 25' wide area and that any future requests for rezoning will require a public hearing and notification to all properties within a 500'radius of the property to be rezoned. The Board then voted unanimously to recommend approval of the corrective FLUM amendment from MD to GC and rezoning from RM to GC. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 18-01 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING THE PUBLIC HEARINGS. ll.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. ll.B. From the Public. ll.B.1. Henry Williams, 310 N.W. 3ra Avenue, expressed concerns regarding the Pompey Park Advisory Board and stated they are not asking for a hand out and encouraged the -19- 03~0~1 City to stop dragging their feet when it pertains to Pompey Park. In addition, Mr. Williams expressed concerns regarding the tennis courts. He encouraged the Commission to look into resolving these issues. ll.B.2. John Bennett, speaking on behalf of PROD, bid a farewell to Commissioner Schwartz and thanked him for his services while serving as Commissioner. ll.B.3. Dr. Josh Smith, 3616 Avenue De Gien, stated his position regarding Blocks 20 through 36 has been well documented and added he would like to set the record straight which will probably reverse his original position. Dr. Smith stated that in his letter dated December 8, 2000 to the CRA, he opposed the selection of Atlantic Grove and its non-profit partners as its non-chosen developers of Blocks 20 and 36. He opposed this not necessarily because of the choice of the developer but because he felt the process had been compromised and thus were flawed. With regard to his May 5, 2000 letter to the CRA, Dr. Smith stated he opposed the request from Atlantic Grove and its non-profit partners to the City to participate in the Department of Housing and Urban Development (HUD) Section 108 - Loan Guarantee Program. Dr. Smith explained that the basis for his opposition and the opposition of many other citizens was based on misinformation. He stated that the price range of the town homes were significantly increased and stated this change was not the desire of Atlantic Grove but instead forced upon them by a mandate from the CRA. Dr. Smith stated if this mandate had not occurred, it is conceivable that the Commission would not have to respond to the request of the Loan Guarantee and feels it is not the developer's fault. Dr. Smith stated his opposition to the Loan Guarantee request was because this was not part of the original presentation. He now realizes that they were placed in this position because of the changes insisted upon by the CRA. In addition, he now realizes that the additional $30,000 and $60,000 requests were also not the desire of the developer but was insisted upon by City staff. Dr. Smith stated he felt he and other citizens were placed into a position where the developer was perceived as some sort of culprit when instead it appears that the entire source of the circumstances was really created by the CRA. Dr. Smith expressed concern over what type of precedent this may set in the future but feels this can be eliminated depending upon the way the CRA structures the Request for Proposals (RFP's). Dr. Smith stated he hopes the CRA would never again make a choice on the developer based upon a public presentation and proceed to accept forced changes outside of public review. Dr. Smith hopes if the CRA is ever again a major part of a problem, that they would in turn accept responsibility of being a part of the solution. Therefore, Dr. Smith stated he will withdraw his opposition and urged the Commission to support the request in hopes that the CRA being primarily responsible for these circumstances will share in the remote risk with the City and not leave the City in a position of having to be the lone entity especially since the City was not a party to the creation of these circumstances. ll.B.4. Virginia Griffin, 311 S.W. 8th Court, stated she has lived in the City since 1965 and expressed concern over the streets and swales. With regard to S.W. 8th Avenue, she stated that a car with a flat tire has no where to pull over and visitors have no place to park because the -20- 03/20/01 swales are too deep. Ms. Griffin stated that construction has started on S.W. 8t~ Court and although there is no swale problem and no water problem on this particular street there is a water problem on S.W. 4th Avenue. She stated the City has addressed the water problem on Swinton Avenue but has not addressed the water problem on S.W. 4th Avenue. She stated children who are waiting to catch the school bus are getting wet. Ms. Griffin thanked Mayor Schmidt and Randal Krejcarek, City Engineer, for coming to her home to listen to the problem but feels she needs to voice her concern to the entire Commission. She urged the Commission to do something about the problem of the swales immediately before someone gets injured. At this point, Mayor Schmidt stated he advised the City Manager of Ms. Griffin's concerns about S.W. 8th Avenue in addition to the drainage problem on S.W. 4th Avenue and S.W. 9th Street. He stated this has been passed along to staff for review. Ms. Griffin reiterated that the drainage problem is on S.W. 4th Avenue and S.W. 9th Street. She pointed out that S.W. 8th Court is in need of asphalt because this street has not been paved since 1973. ll.B.5. Kevin Warner, 248 Venetian Drive, on behalf of the Beach Property Owners' Association (BPOA), commended Mr. Schwartz for always being a fair, open, and honest individual. Mr. Warner stated he has always admired Mr. Schwartz for his good communication skills and his service to the City. In conclusion, Mr. Warner stated Commissioner Schwartz will be missed and wished him the best of luck. ll.B.6. Alice Finst, 707 Place Tavant, expressed her appreciation and thanks to Commissioner Schwartz for always being honest and forthright. In addition, she also thanked the City Manager for the lines on Lake Ida Road, staff in the City Clerk's office, and Diana Mund, Administrative Assistant, and Ron Hoggard, Senior Planner/Redevelopment, in the Planning and Zoning Department for being so helpful. With regards to the court hearing on the Citrus Canker issue, Ms. Finst inquired as to whether the City could post a notice on the web site or via e-mail so people can help support the City's efforts in regards to this issue. In response, the City Attorney stated the hearing that was originally scheduled for Friday was before Judge McCarthy and the case has been transferred to Judge Barkdull. As of this date, the City has not received a hearing date from Judge Barkdull. Ms. Finst asked the City Attorney if there could possibly be some local place on the Internet (i.e. citruscanker.comm) that would have the information where people could look for it instead of having to call the City Attorney directly. ll.B.7. Jean Beer, 2145 S.W. 26th Terrace, echoed Dr. Smith's comments and concems with regard to the way things were handled by the CRA. -21- 03/20/01 Ms. Beer reiterated all of the complimentary comments that were made about Commissioner Schwartz and feels he is truly dedicated and has done a marvelous job while serving on the Commission. ll.B.8. David Randolph, 105 N.W. 11th Avenue, stated he needs to level the playing field and explained he worked with James Roper, owner of Roper Grocery and Deli for fifteen years and considers him a good friend. Mr. Ro,Pther ran the West Atlantic Avenue Market and has since moved from West Atlantic to 24 N.W. 8t Avenue and currently operates Roper Grocery and Deli. Mr. Randolph stated Mr. Roper was not even settled in before the Delray Beach Police started chasing clients from the business and also informing people that they could not park across the street on a vacant lot. Mr. Randolph stated that the owner of the building has the authority to use that vacant lot and finds it appalling that Mr. Roper is being harassed while he is trying to make an honest living. Mr. Randolph emphasized that the same situation is encouraged along East Atlantic Avenue. He noted while walking along Atlantic Avenue to the beach in the morning, he often finds it difficult to walk on the sidewalk while trying to divert the chairs and tables that obstruct his path. Mr. Randolph stated a Code Enforcement Officer came to his home who informed him that the City is establishing a NICE program and encouraged the Commission to look into this situation. At this point, the time being 7:45 p.m., the Commission moved to Item 9.B. of the Regular Agenda. 9.B. WOMAN'S CLUB AMENDED AND RESTATED LEASE: Consider approval of the Woman's Club amended and restated lease for the joint use of the building as a Woman's Club, a youth center, community meeting place and public park. The City Attorney stated that in the binders set before the Commission explains the 80-year history of the Woman's Club. The City Attorney explained that this is a project that the City has worked with the Woman's Club on which provides a joint use of the Woman's Club building so that it may be used as a Woman's Club, and used by the Delray Beach Youth Council as a youth center and also be used for a community meeting place. Nick Lender, speaking on behalf of the Delray Beach Youth Council and the youth of Delray in large, expressed his gratitude to the Commission for consideration of this issue. Mr. Lender stated he is impressed with the City taking a positive stand on youth issues especially the teen center that can provide such a positive influence for the kids of Delray Beach. Mr. Lender stated that downtown is great but only offers a toddler center and activities only for people age 21 and older. He feels this youth center for the 10-20 year old age group has been a long time coming. He stated the Woman's Club provides a central location and feels it gives everyone a chance to embrace it as a piece of the downtown. Mr. Lender reiterated and thanked -22- 03/20/01 the Commission for recognizing the needs of the youth and stated this means so much to the Delray Beach Youth Council. At this point, members of the Woman's Club stood for a photograph with the Commission. Mrs. Rice stated the Woman's Club would be extremely happy to help the youth of Delray Beach. Mr. Schwartz moved to approve the Woman's Club amended and restated lease, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9oCo AGREEMENT WITH JOINT VENTURE/FOURTH OF JULY FIREWORKS: Consider approval of an agreement between the City and the Joint Venture for the Fourth of July Fireworks display for the term 2001 through 2005. Robert A. Barcinski, Assistant City Manager, stated the City entered into an agreement in 1996 with the Joint Venture for the purpose of having the Joint Venture solicit fireworks display bids and to enter into a contract for same with a vendor and to assist the City in marketing and promoting the event to include fund-raising. The 1996 agreement has expired and staff is proposing approval of a new five- (5) year agreement with the Joint Venture beginning in 2001 through 2005. The City is looking to enter into a new agreement. The only major difference between this agreement and the previous one is a dollar amount. In 1996, it was an $8,000 contribution versus a contribution of $40,000. Mr. Barcinski stated this is in line with the budget contribution the City has made to the Joint Venture in the amount of $40,000 whereas the majority will go towards the fireworks display. Mrs. Archer moved to approve the agreement between the City and the Joint Venture for the Fourth of July Fireworks display for the term 2001 through 2005, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.D. SPECIAL EVENT/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for Art & Jazz scheduled for May 10, 2001, including temporary use permit and street closure, staff support, use of City equipment, and specified overtime costs. Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse the next Art & Jazz on the Avenue scheduled for May 10, 2001 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from th Swinton To N.E. 7 Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street and N.E. 2na -23- 03/20/01 Avenue from Atlantic to N.E. 1st Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages. Mr. Barcinski stated the estimated overtime cost for this event is $6,970. City Commission has capped the amount the City would pay for overtime at $6,500 for the last four events. Actual overtime costs for January's event were $6,232. A copy of the Hold Harmless Agreement and Certificate of Insurance are attached. Mr. Perlman moved to approve the special event request for Art & Jazz on the Avenue scheduled for May 10, 2001, from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(H) and street closure, staff support as requested, use of stages and City barricades, setting an upper limit of $6,500 for overtime costs with any difference to be paid by the Joint Venture, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9og. SPECIAL EVENT/HOT AIR BALLOON GLOW AND BALLOON RACE: Consider approval ora Hot Air Balloon Glow to be held on June 1st on Atlantic Avenue, and Hot Air Balloon Race to be held on June 2nd & 3rd at Lake Ida Park. Robert A. Barcinski, Assistant City Manager, stated this is a request to approve a Hot Air Balloon Glow to be held on June 1, 2001, and the Hot Air Balloon Race to be held on June 2na and 3rd to be sponsored by the Joint Venture. Commission is also requested to approve a temporary use permit per LDR's Section 2.4.6(H) for the closure of Atlantic on June 1, 2001 from A1A to Andrews between 3:00 p.m. and 11:00 p.m., and to approve staff support for security and traffic control, barricading, and signage preparation, stage set up and take down, and trash removal for both the event of June 1st and June 2nd and 3rd. Mr. Barcinski stated the actual races will be held at Lake Ida Park and will also include other activities and vendors. In addition, Mr. Barcinski stated that the Joint Venture requested a waiver of the overtime costs, which are approximately $6,400. Mr. Schwartz moved to approve the Hot Air Balloon Glow to be held on June 1st on Atlantic Avenue, and Hot Air Balloon Race to be held on June 2nd & 3ra at Lake Ida Park, and waiver of overtime costs, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Prior to the vote, Mrs. Archer inquired about the overtime costs. Mr. Barcinski -24- 03/20/01 explained that last year it was part of the millennium celebration and the City was a co-sponsor for the millennium committee and the City absorbed all of the overtime costs last year. Ms. McCarthy asked if the City would look into getting sponsorships for this event and asked if this is for profit? In response, Marjorie Ferrer, Downtown Joint Venture Coordinator, stated the Joint Venture will be looking into getting sponsorships stated the Downtown Joint Venture is raising enough contributions to help cover the costs. Ms. McCarthy asked that if the Downtown Joint Venture were to get an extra sponsor would they be willing to do a 50/50 split with the City and therefore be reimbursed 50% at this time. In response, Ms. Ferrer stated approximately seven hot air balloons have been lost because the race has been moved one week later so that there would not be any overtime involved on the holiday weekend. Ms. Ferrer reiterated that this would not be probable for this year. 0oF. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. RESOLUTION FOR ASSISTANCE FROM F.IN.D. ON NE 4TM STREET: Consider approval of a resolution which would allow the City to seek reimbursement from the Florida Inland Navigational District for the construction of a pocket park at the end of NE 4th Street where it abuts the Intracoastal Waterway. Brian Shutt, Assistant City Attorney, stated if approved, this resolution would allow the City to seek reimbursement from the Florida Inland Navigational District (FIND) for the construction of a pocket park at the end of N.E. 4th Street where it abuts the Intracoastal Waterway. The estimated total cost of construction is $20,000.00 and the City is seeking reimbursement from FIND for 50% of this amount. Dick Hasko, Director of Environmental Services, stated this particular location has been a chronic issue with flooding at the end of N.E. 4th Street and the seawall has been in disrepair for quite some time. Mr. Hasko stated the City would like to take advantage of this FIND Program which is not expressly geared for replacing seawalls but is aimed rather at providing public non-boat access to waterways of the State by providing simple amenities like a bench, signage, and a garbage can. Mrs. Archer asked if there is any possibility of connecting the end of N.E. 4th Street with the northern end of Veteran's Park or is all the property in between privately owned? In response, Mr. Hasko stated that the property in between this property and the north end of Veteran's Park is all privately owned. Ms. McCarthy moved to approve the Resolution for assistance from Florida Inland Navigational District (FIND) for the construction of a pocket park at the end of N.E. 4th Street where it abuts the Intracoastal Waterway, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; -25- 03/20/01 Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.H. RESOLUTION NO. 20-01: Consider approval of a resolution authorizing the City to purchase property located south of SW 4th Street and between SW 5th Avenue and SW 4th Avenue for the purpose of drainage retention. The City Manager presented Resolution No. 20-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS LOT 17, SUNDY AND TENBROOK ADDITION TO DELRAY, LOCATED JUST SOUTH OF S.W. 4TM STREET BETWEEN S.W. 5TM AVENUE AND S.W. 4TM AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN PATRICIA MCCRAY AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 20-01 is on file in the City Clerk's office.) Mr. Perlman moved to approve Resolution No. 20-01, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9.I. RESOLUTION NO. 27-01: Consider approval of a resolution authorizing submittal of an application with the State of Florida for a Library Contract Grant and Agreement between the City and the Delray Beach Library Association, Inc. The City Manager presented Resolution No. 27-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE SUBMISSION OF AN APPLICATION WITH THE STATE OF FLORIDA, DIVISION OF LIBRARY SERVICES, FOR A GRANT. (The official copy of Resolution No. 27-01 is on file in the City Clerk's office.) -26- 03/20/01 The City Attorney stated Mr. Callahan III, Library Director, has requested that the City prepare a resolution authorizing the application and also an agreement that makes the library association responsible for all the costs. John Callahan III, Library Director, explained that there is up to $500,000 available from the State annually. The projects are ranked according to a point system. Mr. Callahan indicated that although there is up to $500,000 available this amount could vary from year to year. For example, last year the Legislature changed this amount to only $300,000. There will be approximately 15 applications submitted this year. Three of those applications will be locally (Highland Beach, Boca Raton, and Boynton Beach). Mr. Callahan stated he would also like to see the City of Delray Beach submit an application as well. Mr. Callahan stated the process is somewhat unusual because the application requires that a government submit it and needs the City's authorization to apply for the grant and the City would need to indicate that they agree to the terms of the contract. In turn, the Library Association agrees to essential indemnify the City for everything the City would be required to do mainly to provide the matching funds available to match this grant and also to indicate that there would be funds available for the operation of the library in the future. Discussion by the Commission and Mr. Callahan followed. Mr. Perlman inquired if the Library Association would be applying for the full $500,000. Mr. Callahan stated that although the Library Association would indeed be applying for the full $500,000 it ultimately depends on what the Legislature appropriates. Mr. Schwartz asked what the City received last year? In response, Mr. Callahan explained that this is a construction grant and the City has not applied for a grant since 1985. At that time, Mr. Callahan stated the City received $150,000 to expand the library. Ms. McCarthy asked Mr. Callahan if anything else could be done regarding the point system? In response, Mr. Callahan stated that other than the application this is pretty well covered. However, Mr. Callahan stated that once the City receives a fairly high ranking, then prior to next year's Legislative Session would be a good time to lobby all of our local Legislators to make sure this receives full funding next year. Mrs. Archer asked if this is statewide funding? In response, Mr. Callahan stated that this is a statewide grant. Mrs. Archer moved to approve Resolution No. 27-01 authorizing submittal of an application with the State of Florida for a Library Contract Grant and Agreement between the City of Delray Beach and the Delray Beach Library Association, Inc., seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer- Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion -27- 03/20/01 passed with a 5 to 0 vote. 9.J. DELRAY BEACH POLICE BENEVOLENCE ASSOCIATION (PBA)/SUBLEASE: Consider approval of a request from the PBA to sublease a small portion of the premises located in Boynton Beach for the erection of a cellular tower. The City Attomey stated the City has received a letter from Lee Levenson, Jr., Esq. and representative for the Police Benevolence Association (PBA) requesting permission to sublease part of the premises located in Boynton Beach to a telecommunications company for the erection of a cellular tower. The City however has a 99 year lease with the Delray Beach Police Benevolent Association, Inc. (PBA), which expires in 2031. The lease requires compliance with the restrictions and covenants in the deed whether or not they have expired. The lease further provides that the PBA may not sublease or assign any part of the property. Currently, the City performs maintenance of the grounds via contract at a cost of $7,000 per year. The City Attorney stated Mr. Levenson would need to get authorization per the suggestion by the City Manager that if the City Commission approves the sublease, the PBA would have to get permission from the City of Boynton Beach to erect a tower. Mr. Schwartz asked for clarification on why the PBA is requesting a cell tower? In response, the City Manager explained that the land is located in Boynton Beach and has been donated to the City of Delray Beach to be used as a headquarters for the PBA for a firing range and other police training operations. The City Manager stated the PBA was approached by a cellular telephone company asking for permission to erect a cell tower on this site. In addition, the City Manager stated Mr. Levenson has informed him that Boynton Beach will approve the site. Mr. Schwartz moved to approve the request from the Police Benevolent Association (PBA) to sublease a small portion of the premises located in Boynton Beach for the erection of a cellular tower subject to obtaining confirmation from Mr. Levenson, Esq., and subject to the City Manager's recommendation that the Police Benevolent Association (PBA) continue the $7,000 cost of maintenance per year, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.K. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the Chamber of Commerce representative appointment to the Parking Management Advisory Board to fill an unexpired term ending August 1, 2002. -28- 03/20/01 Ms. McCarthy moved to ratify the appointment of Mr. Ron Radabaugh to the Parking Management Advisory Board to fill an unexpired term ending August 1, 2002, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. After the vote, Mr. Schwartz commented that Mr. & Mrs. Radabaugh not only mn a good restaurant but also mn an outstanding catering service throughout the nation. Mr. Schwartz stated that in previous administrations, Mr. & Mrs. Radabaugh have even catered functions in the White House. 9.L. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) member to the Education Board to fill an unexpired term ending July 31, 2002. The appointment will be made by Commissioner Archer (Seat #2). Mrs. Archer moved to appoint Saralyn L. Buzen as a member to the Education Board to fill an unexpired term ending July 31, 2002, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 0.M. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint one (1) member to the Site Plan Review and Appearance Board to fill an unexpired term ending August 31, 2001. The appointment will be made by Mayor Schmidt (Seat #5). Mayor Schmidt stated he wished to appoint Diane Borchardt as a member to the Site Plan Review and Appearance Board to fill an unexpired term ending August 31,2001. Ms. McCarthy so moved, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: 12.A. ORDINANCE NO. 20-01: An ordinance creating Section 97.10 "Citrus Canker Control Procedures" thereby adopting a method to be adhered to by Lawn Maintenance Operations within the City of Delray Beach in order to help control the spread of Citrus Canker. If passed, a public hearing will be scheduled for April 3, 2001. The City Manager presented Ordinance No. 20-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A -29- 03/20/01 DECONTAMINATION METHOD TO BE ADHERED TO BY LAWN MAINTENANCE OPERATIONS WITHIN THE CITY OF DELRAY BEACH PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. The City Attorney announced that additional language be added to Section 97.10(A) Definitions of "Lawn Maintenance Company" of the ordinance. The City Attomey suggested that it read as follows: "Lawn Maintenance Company". Any individual who engages in the business of the upkeep in trimming of vegetation, including, but not limited to, trees, grass, shrubs, and flowers, on any residential or commercial property. Ms. McCarthy inquired about the lawn maintenance companies and whether or not this includes people from areas other than Delray Beach? In response, the City Attorney stated this does include people from areas other than Delray Beach. Mr. Schwartz why does this pertain only to lawn maintenance personnel and not to public utility personnel and landscape personnel? Mr. Schwartz feels that the same problem still exists whether it is lawn maintenance personnel, public utility personnel or landscape personnel. Mayor Schmidt echoed concems expressed by Mr. Schwartz regarding other businesses where people would be coming into contact with Citrus Canker and possibly passes it on. However, lawn maintenance seems to be the one that is probably the biggest culprit with it spreading. The City Attorney stated the City used a model ordinance developed from Broward County to compose this ordinance. The City Manager stated this was the intent of adding trimming and that if you did tree trimming you would fall within the definition of a lawn maintenance company. Mrs. Archer expressed concerns over individuals that fall under the category of "handy man" that go around doing this and are not licensed. The City Attorney stated that City does not say whether or not they have to be licensed. Mrs. Archer does not see how the City is going to be able to enforce this ordinance. Mrs. Archer also commented about language in the ordinance where it states "All lawn maintenance company personnel shall decontaminate themselves by washing or treating all exposed areas of the body and clothing with an -30- 03~0~1 antibacterial soap, wash, spray, or other approved solution." and stated she cannot see people spraying themselves or washing their clothes as they leave someone's property. The City Attorney reiterated that the language in this ordinance was taken from the model ordinance from Broward County. She stated Mr. Fagan had mentioned that the workers who cut down the citrus trees actual spray themselves with an antibacterial soap and this is the procedure that is recommended by the Department of Agriculture. The City Attorney stated this could be expanded but feels the idea is meant for people who are in contact with the actual tree. Mayor Schmidt suggested that under Section 97.10(A) Definitions, the language be changed to read the following: "Vegetation Maintenance Company". Any individual who engages in the business of the installation, upkeep, in trimming of vegetation, including, but not limited to, trees, grass, shrubs, and flowers, on any residential or commercial property. It was the consensus of the Commission to send this ordinance back to the City Attorney for modifications and bring back to the April 3, 2001, Regular Meeting for a First Reading. Mrs. Archer moved to deny Ordinance No. 20-01 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion to deny passed with a 5 to 0 vote. 12.B. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. At this point, the Commission moved to Item 13, Comments and Inquiries on Non- Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission. -31- 03/20/01 13.C.1. Commissioner Archer With regard to Commissioner Schwartz, Commissioner Archer stated she feels quite proud that she had the pleasure of placing his name in nomination for appointment to the Commission. Ms. Archer finds Mr. Schwartz to be a man of principle and dedication and stated it has been a real pleasure serving with him and noted that everyone will miss him. 13.C.2. Commissioner Perlman Commissioner Perlman stated that he met with Kathy Daley, City Lobbyist, and she advised that the City start to plan now for next year. As mentioned this evening, Mr. Pedman stated the Library will need some lobbying assistance and Pineapple Grove Main Street is interested in some state funding. Mr. Perlman stated that there are ways to get funding from the state if the requests are submitted early. He suggested that the City keep a master list so that Ms. Daley has adequate time to submit the requests to the agencies and legislature. Secondly, Mr. Perlman echoed the comments of Commission Archer and reiterated that is has been an honor and privilege to serve with Mr. Schwartz for the past year. Mr. Perlman stated he trusts that Mr. Schwartz will continue to be an active participate in the community and has a tremendous amount of respect for him. 13.C.3. Commissioner McCarthy Commissioner McCarthy complimented the City Attorney for the report regarding the legal issues and feels it is a job well done. Ms. McCarthy stated she did not have the oppommity to meet with Ms. Daley. However, Ms. McCarthy feels Ms. Daley could provide the City with a list of things the City is actually eligible for. If there are additional things the City would like to have, Ms. McCarthy stated then at that point Ms. Daley could move forward. Ms. McCarthy feels the City should be provided with this information since it is considered public information. Ms. McCarthy chuckled and stated that it is said, "Politics makes strange chair partners". On a more serious note, she informed Mr. Schwartz how wonderful it has been to serve with him on the Commission as well as when they served together on the Planning and Zoning Board. Ms. McCarthy stated she applauds Mr. Schwartz's honesty and integrity and wished him the best. 13.C.4. Commissioner Schwartz -32- 03/20/01 Commissioner Schwartz stated he has been in politics most of his life and explained that he was Ronald Reagan's Campaign Chairman for the State of New Jersey when Ronald Reagan ran for his first term as President. Mr. Schwartz stated he does not consider himself to be a politician but instead a public servant. He stated he has truly enjoyed working with the City Attorney, the City Manager, and the entire City Commission. Although there is a lot of hard work involved with being a Commissioner, he feels it has been an enjoyable and rewarding experience because with all the hard work there are results. Mr. Schwartz feels we live in a wonderful City and encouraged everyone to never stop giving of him or herself. He stated it has been a privilege to serve on the Commission and will miss everyone tremendously. 13.C.5. Mayor Schmidt Mayor Schmidt stated this is the second time he has served with Mr. Schwartz and explained that one of the reasons he supported Mr. Schwartz's appointment to the Commission is because he had the opportunity to work with him on the Planning and Zoning Board. In addition, Mayor Schmidt echoed Mrs. Archer's comments and Mr. Perlman's comments. There being no further business, Mayor Schmidt declared the meeting adjoumed at 8:30 p.m. ATTEST: Acting City Clerk MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting held on March 20, 2001, which minutes were formally approved and adopted by the City Commission on Acting City Clerk -33- 03/20/01 NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval, which may involve some amendments, additions or deletions. -34- 03/20/01 WHEREAS, our Delray Beach residents and visitors are increasingly utilizing our waters for recreation and relaxation, and as opportunities for on-the-water activities expand yearly, be it known that with growth comes additional responsibility. It is essential that both novice and experienced boaters practice safe boating habits, such as wearing a life jacket, avoiding the abuse of alcohol, having a vessel safety check and taking a safe boating course; and WHEREAS, we heartily endorse this yeafs National Safe Boating Week theme, "Boat Smart From The Start, Wear Your Life Jacket", thus recognizing that approximately 75,000 members of "Team Coast Guard" (Auxiliary, Regulars and Reserve) encourage everyone to enjoy our waters, but in a manner that prevents them from contributing to boating accidents. We urge all boaters to wear, and buckle up their' life jackets as they work or play around the water; and WHEREAS, the law requires that life jackets be carried for each person on board a boat and we must recognize that hundreds of lives could be saved each year by the wearing of life jackets. NOW, THEREFORE, I, David W. Schmidt, Mayor of the Cit~ of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 12~" and 13t~ as SAFE BOATING WEEKEND and May 19ththrough May 25th, 2001 as NATIONAL SAFE BOATING WEEK in Delray Beach, Florida, and urge all citizens to support the goals of the National Safe Boating Campaign and U.S. Coast Guard Auxiliary and start the year-round effort to promote safe boating. 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 Ist day of May, 2001. DAVID W. SCHMIDT MAYOR U.S. DEPARTMENT OF TRANSPORTATI~f(I¥ UNITED STATES COAST GUARD AuxILiA 'Y Delray-Boynton Beach, Flotilla 54 7536 Wentworth Drive, Lake Worth, FL 33467 Phone - 561-968-9546 Fax No. - 561-968-5298 April 12, 2001 Hon. David W. Schmidt Mayor, Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mayor Schmidt, The members of the United States Coast Guard and the Coast Guard Auxiliary, Flotilla 54 of Delray/Boynton Beach, hereby request that you proclaim the weekend of May 12 & 13, 2001 as Safe Boating Weekend for Delray Beach and May 19 to May 25, 2001 as National Safe Boating Week. Enclosed is a sample proclamation for your reference following this year's theme "Boat smart from the Start, Wear your Life Jacket". A member of Flotilla 54 will be present at the meeting to accept the proclamation. Please notify us of the meeting date. You may reach me at 561-968-9546 or Fax no. 561-968-5298 for any questions you might have. Our Flotilla is very dedicated to the encouragement of Safe Boating practices/n our area so we will again be holding a Safe Boating Fair for the weekend of May 12 & 13, 2001 at the Boynton Beach Boat Club Park from 9am to 3pm. In addition to displays we will have scheduled boating safety classes for children and demonstrations of safety equipment. Also we are very happy to be hosting COASTIE for the weekend. (see attachment) and we will be doing Vessel Safety Checks each day. We invite you to attend and help us encourage the boating public to protect themselves and their families by becoming aware of the safe way to operate a boat on our surrounding waterways. We look forward to seeing you there. The members of Flotilla 54 appreciate the courtesies the City of Delray Beach has shown us and look forward to many more years of continued mutual efforts to ensure safe boating on the Intercoastal Waterway Sincerely, Mary R~Suckow, Flotilla Com~nder USCG Amlia~, Flotilla 54 Attachments: cc: City Manager A SAMPLE PROCLAMATION Recreational Boating is fun and enjoyable, and we are fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands. However, our waterways can become crowded at times and be a place of chaos and confusion. While being a marvelous source of recreation, boating, to the unprepared, can be a risky sport. Not knowing or obeying the navigation Rules or the nautical "Rules of the Road" drinking alcohol or taking drags while operating a boat, or choosing not to wear your life jacket when doing so is clearly the smart thing to do, are all examples of human error or a lack of proper judgment. One particular behavior that can reduce the number of boaters who lose their lives by drowning each year by approximately 90% is the wearing of a life jacket. It is a simple task that has the potential to reduce terrible loss in lives. Knowledge and skills are important in reducing human error and improving judgment. If people are aware of the risk, they are likely to take the precautionary measures to protect themselves and their friends and family. That is why we must contintte to spread the messages of boating safety not only during National Safe Boating Week but also throughout the entire year. Whereas, between 700 and 800 people die each year in boating-related accidents in the U.S.; nearly 70% of these are fatalities causes by drowning: and Whereas, the vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment, or environmental factors; and Whereas, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and Whereas, modem life jackets are more comfortable, more attractive, and more wearable than styles of years past and deserve a fresh look by today's boating public. Therefore, I, do hereby support the goals of the North American Safe Boating Campaign and proclaim May 12 & 13,2001 as Safe Boating Weekend in Delray Beach and proclaim May 19-25, 2001 as National Safe Boating Week and the start of the year-round effort to promote safe boating. In Witness Thereof, I urge all those who boat to "Boat Smart from the Start" by wearing a life jacket and practicing safe boating habits. Given under my signature and the Seal of At the city of This Day of In the year of the Lord two-thousand one. USCG AUXILIARY, FLOTILLA ~ IS HAPPY TO ANNOUNCE THAT COASTIE WILL BE VISITING US FOR OUR SAFE BOATING WEEKEND FAIR ON MAY 12 & 13, 2001 AT THE BOYNTON BEACH BOAT PARK. 9am to 3PM COASTIE is a remote controlled boat owned by District 7 of the USCG Auxiliary. It comes equipped with Navigation lights, a search light, rotating beacon, siren, air horn, and eyes with eyelids that move. Flags, ensigns and water safety decals, as well as a fire extinguisher, fenders and life ring have also been added. COASTIE talks, plays music and can answer questions. The children squeal with delight as he pumps his bilges with actual water streaming out. It is unfortunate, but many young children drown each year because they had no water safety education. COASTIE can help change this. He is used as a teaching tool for schools, and other organizations. COASTIE teaches rules about what to do and what not to do in a water rescue situation using easy-to-remember phrases like, "Reach or Throw! But Never Go In! and "Don't just Pack It! Wear your Life Jacket!" Flotilla is very fortunate to be able to book COASTIE for our Safe Boating Weekend. Come on over and meet him. WHEREAS, Emergency Medical Service is a vital community service; and WHEREAS, the members of the Delray Beach Fire-Rescue Department and other City Agendes are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, Emergency Medical Service teams consist of emergency physidans, emergency nurses, emergency medical technidans, paramedics, firefighters, lifeguards, dispatchers, police officers, educators, administrators, and others; and WHEREAS, the members of the Emergency Medical Service team engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, the residents of and viskors to Delray Beach benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical service providers by designating EMERGENCY MEDICAL SERVICE WEEK. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, and the Citizens of Delray Beach, in recognition of this event, do hereby proclaim the week of May 20 through May 26, 2001 as EMERGENCY MEDICAL SERVICE WEEK .in Delray Beach, Florida and commend our Emergency Medical Service teams for a job well done. 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 14 day of May, 2001. DAVID W. SCHMIDT MAYOR PROCLAMATION WHERAS, Emergency Medical Service is a vital community service; and WHEREAS, the members of the Delray Beach Fire-Rescue Department and other ()tv Agencies are ready to provide hfesawng care to those m need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury: and WHEREAS, Emergency Medical Service teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, lifeguards, dispatchers, police officers, educators, administrators, and others; and WHEREAS, the members of the Emergency Medical Service team, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skdls; and WHEREAS, the residents of and visitors to Delray Beach benefit daily from the knowledge and skdls of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical service providers by designating EMERGENCY MEDICAL SERVICE WEEK; and NOW, THEREFORE, I, David Schmidt, Mayor of the City of Delray Beach, Florida, m recognition of this event hereby proclaim the week of May 20-26, 2001 as EMERGENCY MEDICAL SERVICE WEEK 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 MAYOR David Schmidt MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM fi' ~[ ' - REGULAR MEETING OF MAY 1, 2001 RESOLUTION NO. 33-01 (REQUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANTS DATE: PROGRAM) APRIL 27, 2001 Each year the County Emergency Medical Services Grants Program makes funds available to licensed E.M.S. Providers. To utilize these non-matching funds we must submit an application requesting the purchase of equipment or services, which are not budgeted through the City and a supporting resolution from the City Commission. The resolution is needed to demonstrate that the Delray Beach Fire and Emergency Medical Services Department, in fact, represents the Emergency Medical Services for the City and that the equipment or services purchased with these funds expands and improves the level of care provided to our citizens. For FY 2001-2002 we wish to purchase an additional Special Events Response Vehicle (SERV), two (2) 12-lead monitor defibrillators, and two (2) automated external defibrillators. By adding an additional vehicle, E.M.S. delivery and response time will be enhanced to serve the increasing number of citizens and visitors attending these special events. Recommend approval of Resolution No. 33-01 requesting funds from the Palm Beach County Emergency Medical Services Grants Program. Ref:Agmemol4 Res.33-01.EMSGrants 05-01-01 RESOLUTION NO. 33-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2001/2002. WHEREAS, the Delray Beach Fire and Emergency Medical Services Department represents the emergency medical services interests of the City of Delray Beach; and WHEREAS, the Delray Beach Fire Department is requesting funding for FY 2001/2002 through the Palm Beach County Emergency Medical Services Grant Award program for the purchase of a Spedal Events Response Vehide (SERV), two (2) 12-lead monitor defibrillators, and two (2) automated external defibrillators; and WHEREAS, the City of Delray Beach Fire Department is eligible to receive funds collected by the Office of Emergency Medical Services pursuant to Chapter 401.113, Florida Statutes; and WHEREAS, the equipment to be purchased with these funds will enhance the City's overall emergency medical services operation and improve the delivery and level of emergency medical care provided to the citizens of and visitors to 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 Mayor of the City of Delray Beach is hereby authorized to execute all documents which are necessary to complete the request for funds from the Palm Beach County Emergency Medical Services Grant Award program. PASSED AND ADOPTED in regular session on this the 1st day of May, 2001. MAYOR Acting City Clerk £1T¥ I)F DELRI:I¥ BEI:I£H FIRE DEPARTMENT 1~ M I!= M O R A N D_]J M ~.~ TO: THRU: FROM: SERVING DELRAY BEACH , GULFSTREAM Barbara Garito, Deputy City Clerk Kerry B, Koen, Fire Chief ~ Richard M. Murphy, Division Chief~T~',',---- HIGHLAND BEACH DATE: April 17, 2001 SUBJECT: Information Requested for Inclusion in Resolution As per our request of last year, the Fire Department is again in need of a Resolution relative to the Palm Beach County EMS Grant funding, I have attached a copy of last years request to serve as a guide, Delray Beach is making application for the following items under this grant program. Special Events Response Vehicle Two (2) 12-lead monitor defibrillators Two (2) Automated External Defibrillators Your attention and help with this request is appreciated, Please return your adopted resolution to Richard M, Murphy, Division Chief, 501 West Atlantic Avenue, Delray Beach, Florida 33444. FIRE DEPARTMENT HEADQUARTERS . 501 WEST ATLANTIC AVENUE · DELRAY BEACH. FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX ($61) 243-7461 Prinfed on Recycled Paper Palm Beach Co,unty Emergency Medical Services Grant Prol~ram - 2001-02 (1) Special Event Response Unit (SERV) (2) Twelve Lead EKG units - for Truck 5 and Engine 4 (3) Automatic Electronic Defibrillators - for Pompey Park Pool; Pompey Park Baseball Field; and Miller Field $16,355 34,000 6,185 $56,540 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CiTY MANAGER AGENDA ITEM ~. ~'- REGULAR MEETING OF MAY 1, 2001 FIREFIGHTER INVESTMENT & RESPONSE ENHANCEMENT ACT DATE: GRANT APRIL 27, 2001 This is before the City Commission for formal authorization to submit an application for the Firefighter Investment and Response Enhancement (FIRE) Act Grant 2001, provided by F.E.M~A., for personal protective equipment of firefighting helmets and boots. This grant is a 70%-30%- matching grant with the City's portion being 30%. Total funds requested if $93,272.00. City's required 30% match is $27,981. Funding is available in 001-2315-526-52.22 (Uniforms). Recommend approval of the grant application and authorization to submit. Ref~grnemo11.FEMA Matching Grant.Uniforms.05-01-01 ASSITANCE TO FIREFIGHTERS GRANT PROGRAM FISCAL YEAR 2001 Delray Beach Fire Department 501 West Atlantic Avenue Delray Beach, FL 33444-2555 Suggested Format for the Assistance to Firefighters Grants Program's Project Narrative Instructions: Please be sure that your narrative addresses each of the fo/lowing areas to the best of your ability. Your narrative should be concise, but brief. /f you need more room than has been allotted for your answer, p/ease use the back of the suggested form or feel free to attach more sheets. Your narrative may not exceed a maximum of five pages including this form. The project narrative must be double spaced. Applicant Name: I Category: Delray Beach Fire DepartmentI Personal Protective Equipmen't Please describe in full the project that you are requesting to be funded. Updating our current helmets and boots to meet NFPA 1971-2000 and OSHA -~29 CFR Standards. P~ase prowde a de~i~d description of your planned uses of ~e grant funds for each major budget ca.gory as listed on ~e budget Arm (SF 20-2~. To purchase Personal Protective Equipment to comply with National Standards. Please exp~ why ~ program would be benefic~l to your community and/or to your departmenL This will enhance the overall safety and improve the operational effectiveness of our personnel, during emergency operations. Please explain why this project cannot be funded solely through local funding. Budget constraints will not permit the outfitting of every firefighter in a timely manner. Please provide any additional relevant information that you would like us to consider when evaluating your application. None Applicant Name: Delray Beach Fire Department Category: Personal Protective Equipment Proiect Description: This project will provide 100% of our firefighters with the safest and most current protective helmets, eye protection, accountability/passport system and footwear that is available. This project will reflect the first time that our organization will attempt to purchase thc integrated helmet, eye protection and accountability/passport system for each firefighter. Thc catalyst for this project began with our effort to comply with OSHA 29 CFR and NFPA 1971-2000 Standard in eye protection versus regular helmet face shields that no longer meet the referenced standards. We intend to provide each of our fircfightcrs with a Cairns 1010 XD Firefighting Helmet equipped with a Cairns ESS Protective Goggle, the Accountability/Passport System and a pair of Warrington Pro Leather Fircfighting Boots. Our goal is to provide our personnel with the best overall personal protective equipment available to facilitate a safer, faster, more efficient emergency operation while removing the old style rubber boots that are causing firefighter fatigue and injuries. Blisters and ankle injuries are a very common result of the loose fitting rubber fire boots. The Delray Beach Fire Department Equipment Committee conducted a six (6) month field based evaluation on the products that we have targeted for purchase. The criteria developed and reviewed by the committee reflected on firefightcr fatigue and injuries to include the weight of the helmets and boots, their poor design, improper fit, amount of provided safety, balance, durability, OSHA / NFPA Standards, ease of use, and cost. Planned Uses of Grant Funds: To provide 70% of the needed funding to purchase the following personal protective equipment. Cairns 1010 XD Firefighting Helmets Cairns ESS Eye Protection Goggles Cairns Accountability Passport System Warrington Pro Leather Firefighting Boots Benefits to the Community: Firefighter injuries on scene can impact the patient or victim as equally as the original incident itself. An injured firefighter cannot continue to participate as a rescuer but in essence, becomes a burden on the team, reducing precious manpower, resources and time that are already at a minimum. In 1997, the NFPA Journal Report of US Firefighter Injuries documented 3,830 Eye Injuries alone. This purchase will enhance the safety and efficiency of our emergency personnel while performing rescue and extinguishment operations. Documented studies, by the University of Delaware for FEMA and the IAFF, demonstrate that firefighters can perform the same functions with less fatigue and consume less SCBA air supply while wearing the leather fire boot. Fatigue is a leading contributor to workplace accidents and deaths. By using less energy and decreasing the consumption of SCBA air supply, firefighters will be able to accomplish more with the same amount of air. In theory, this could allow firefighters to extend a search or other life saving activity that would directly benefit not only our community, but also the residents and visitors of Palm Beach County, as we actively participate as a Regional Hazardous Materials Response Team. Any initiative, such as this, that affords a city government the ability to increase their operating efficiency is a benefit to the community even without the emergency and life safety factor. Fundine: The City's budget is the sole source for local funding, but budget constraints will not permit the outfitting of each and every firefighter with the identified ensemble. It would require a minimum of four (4) years to accomplish this same endeavor, therefore having a large portion of the Department without superior protection. We consider this a top priority in personal protective safety and operational effectiveness. Relevant Information: Leather Boots: Conclusions under standardized laboratory conditions, derived from the testing of leather firefighting boots, conducted by a Research Study funded by the Federal Emergency Management Agency and the International Association of Firefighters at the University of Delaware summarized; 1) Leather boots were lighter than our current standard rubber boot, 2) Leather boots require significantly less energy expenditure during stair climbing work than rubber boots, 3) Less leg strength is lost during stair climbing, 4) Subjects were able to complete an agility course in a faster time wearing leather boots, 5) The heels on leather boots had a significantly larger surface area than did the narrow heels of rubber boots, giving the firefighter a more stable platform reducing fatigue and ankle injuries. Helmets: By purchasing the Cairns 1010 XD with the Cairns ESS Goggle and Caims Accountability Passport System we will provide our personnel with an improved and enhanced helmet. The Cairns 1010 XD has greater brim protection and balance than our current helmets. By adding goggle protection, we will significantly enhance the amount of eye protection provided. The addition of the Cairns Accountability Passport System that currently is not provided on our helmets, would be an improved method for assisting with the accountability of firefighters while helping maintain crew integrity. General Questions for All Applicants For FEMA Use Questions, page 1 of 2 Only 1. Are you a Fire Department or the authorized representative of a fire department? (circle one) 2. Are you a Federal Fire Department or contracted by the Federal government and solely responsible for suppression of fires on Federal property? a) Yes. 3. Is your active firefighting staff (circle one)' (~) all paid/career? b) all volunteer or combination volunteer and career? 4. Is your department located in (circle one)' a) an urban community (population over 250,000)? (~ a suburban community (population between 20,000 and 250,000)? c) a rural community (population under 20,000)? 5. How many active firefighters are in the operations/- EMS divisions of you department? ~ 3 ~ = Number of active firefighters. General Questions for All Applicants For FEMA Use Questions, page 2 of 2 Only 6. What is the permanent resident population of your primary/first-response area or jurisdiction served? Primary- 64,511 _ R. egiona_l Response- 1,062,400 = Population ot~ response area. 7. What category (or categories) of assistance are you applying for with this application and how much is the total Federal share of the cost of the project that you are seeking in each category? Protective Category #1' Equipment; $ 93,272. O0 Category #2: $ 8. If the population you protect is 50,000 or less, you are required to provide a non-Federal cost-share equal to 10 percent of the total project cost. If the population you protect is over 50,000, you are required to provide a non-Federal cost-share equal to 30 percent of the total project cost. Are you willing to comply with this requirement? (circle one) (~ Yes. b) No. 9. It is also a requirement that departments receiving funding under this grant program agree to provide information to the national fire incident reporting system (NFIRS). If you receive an award, do you agree to provide information to this national system? (circle one) (~) Yes. b) No. Questions for Personal Protective Equil Questions What percentage of your active frrefighting staff has personal protective equipment that meets current NFPA and OSHA standards? -o-% = Percentage with PPE. What percentage of your active firefighting staff will have personal protective equipment that meets current NFPA and OSHA standards if this grant is awarded? Percentage that will have PPE. 3. The purpose of this grant is to (circle one): ~ment Category For FEMA Use Only a) Equip firefighting staff for the first time. (~) Replace obsolete or sub-standard equipment. c) Equip staff for a new mission. APPLICATION FOR OMB Approval No. 0348-0043 FEDERAL ASSISTANCE z. DATE SUBMITTED Apphcant Ident, fier 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Apphcabon Idenbfier Apphcatlon Preapphcat~on Construction LJconstruction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Non.Construction LJ Non-Construction 5. APPLICANT iNFORMATION Legal Name: Orgamzational Unit: Delray Beach Fire Department Address (g~ve c;ty, county, State, andzip code): Name and telephone number of person to be contacted on matters involving 501 W. Atlantic Ave. thlsapphcatlon(.qlveareacode) R. Bradford Fitzer Delray Beach, Fi 33444-2555 (561) 243-7400 6. EMPLOYER IDENTIFICATION NUMBER (E/N). 7. TYPE OF APPLICANT: (enter appropriate letterin box) A. State H. Independent School Dist. 8. TYPE OF APPLICATION: B, Counb~ I. State Controlled Institution of Higher Learning [~]New E~cont, nuat,on ['--]Revision C. Mun,c,pal J. Pr,vate Un,vers,t~, D. Township K. Indian Tribe Rev,sion, enter appropriate letter(s)in box(es)--LJ [] E. interstate L. Ind,vidual if F. Intermumc~pal M. Profit Orgamzat~on A. Increase Award B. Decrease Award C. Increase Duration G. Special District N. Other (spec~)F i r e D e p a r t m e n t D. Decrease Duration Other (spec/fy): 9. NAME OF FEDERAL AGENCY. Federal Emergency Management Agency lO. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER. 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: TITLE: Firefighters Assistance Grants 12. AREAS AFFECTED BY PROJECT (Cities. Counties, Sta'~es. etc.): City of Delray Beach, Gulfstream, Highland Beach, Palm Beach County 13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Apphcant b. Project F1 19th F1 19th, Fi 16th 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $ .oo $ 65,290.40 a. YES. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE b. Apphcant $ .00 TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR $ 27,981.60 REVIEW ON: c. State $ o0 DATE: d. Local $ .oo b. No. ~"JPROGRAM IS NOT COVERED BY E O. 12372 e. Other $ oo L..jOR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program Income $ 0o 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ oo ~]Yes If "Yes," attach an explanation. $ 93,272.00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE r DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. T~/pe Name of Authorized Representative lb. T~tle c. Telephone Number Kerry B. KoenI Fire Chief (561) 243-7410 d. S,gnatur, o~f~~ive e. Da, Sign, d 41z, l/ol Previous Edition Usable Authorized for Local Reproduction . Standard Form 424 (Rev 7-97) Prescnbed by OMB Cu'cular A-102 N Z LAJ d 0 k- Z 0 0 Z ,,, z 0 0 F- 0 X 0 0 ._ FEDERAL EMERGENCY MANAGEMENT AGENCY SUMMARY SHEET FOR ASSURANCES AND CERTIFICATIONS FOR I CA FOR (Name of Applicant) FY 2001 I Delray Beach Fire Department O.M.B. No. 3067-0206 Expires February 29, 2004 This summary sheet includes Assurances and Certifications that must be read, signed, and submitted as a part of the Application for Federal Assistance. An applicant must check each item that they are certifying to: Part I E~ FEMA Form 20-16A, Assurances-Nonconstruction Programs Part II [~ FEMA Form 20-16B, Assurances-Construction Programs Part III [~ FEMA Form 20-16C, Certifications Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug-Free Workplace Requirements Part IV [~] SF LLL, Disclosure of Lobbying Activities (If applicable) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the identified attached assurances and certifications. Kerry B. Koen Fire Chief Typed Name of Authorized Representative Title Signature of Authorized Representative Date Signed NOTE: By signing the certification regarding debarment, suspension, and other responsibility matters for primary covered transaction, the applicant agrees that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by FEMA entering into this transaction. The applicant further agrees by submitting this application that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the FEMA Regional Office entering into this covered transaction, wRhout modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (Refer to 44 CFR Part 17.) Paperwork Burden Disclosure Notice "Public reporting burden for this form is estimated to average 1.7 hours per response. Burden means the time, effort and financial resources expended by persons to generate, maintain, retain, disclose, or to provide information to us. You may send comments regarding the burden estimate or any aspect of the form, including suggestions for reducing the burden to: Information Collections Management, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, Paperwork Reduction Project (3067-0206). You are not required to respond to this collection of information unless a valid OMB control number appears in the upper right corner of this form. Please do not send your completed form to the above address. FEMA Form 20-16, FEB 01 FEDERAL EMERGENCY MANAGEMENT AGENCY ASSURANCES-NON-CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration) 5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290-dd-3 and 290-ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title II and IH of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with provisions of the IIatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. Sections 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. EMA Form 20-16A, JUN 94 11. Will comply wRh environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and th) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 0P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with ali applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 19. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. EMA Form 20-16A (BACK) ~- FEDERAL EMERGENCY MANAGEMENT AGENCY , ~' ' ' CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 28 CFR Part 17, "Government-wide Debarment and suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Federal Emergency Management Agency (FEMA) determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING A As required by section 1352. Title 31 of the U.S. Code, and implemented at 44 CFR Part 18, for persons entering into a grant or cooperative agreement over $1OO,000, as defined at 44 CFR Part 18, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connectIon with the makIng of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance w~th its instructions; (b) Have not within a three-year pedod preceding this application been convicted of ar had a civihanjudgment rendered against them for commission of fraud or a criminal offense ~n connection with obtaining, attempting to obtain, or perform a pubhc (Federal, State, or local) transaction or contract under a pubhc transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently ind~cted for or otherwise criminally or ciwlly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated ~n paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public t ransactions (Federal, State, or local) terminated for cause or default; and B Where the applicant is unable to certify to any of the statements in this certification, he or shall shall attached an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all subrecip~ents shall certif7 and disclose accordingly. ~-~Standard Form LLL, "Disclosure of Lobbying Activities" attached. (This form must be attached to certiflcagon if nonappropriated funds are to be used to influence activities.) 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17,510-A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by an~/Federal department or a~lenc;/; -'.MA Form 20-16C, JUN 94 As required by the Drug-Free Workplace Act of 1988, and implemented at 44 CFR Part 17, Subpart F, for grantees, as defined at 44 CFR Part 17, Sections 17.615 and 17.620: A. The applicant certifies that it will continue to pdvide a drug- free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions tht will be taken against employees for violation of such prohibitJon; (b) Establishing an on-going drug free awareness program to inform empoyees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in wdting, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable FEMA awarding office, i.e., regional office or FEMA office. (fi Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitabon program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (g) Making a good faith effort to con~nue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and 8. the grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, City, County, State, Z~p code) 501 W, Atlantic Ave. Delray Beach, Palm Beach County Florida 33444-2555 Check [~----~if there are workplaces on file that are not identified here. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for FEMA funding. States and State agencIes may elect to use a Statewide certification. -'EMA Form 20-16C (BACK) Request to be placed on: X Consent Agenda When: April 24, 2001 Description of agenda item:. ...... "AGENDA ITEM NUMBER: AGENDA REQUEST Special Agenda Date: April 19, 2001 __ Workshop Agenda Approval to apply for the Firefighter Investment and Response Enhancement (FIRE) Act Grant 2001, provided by F.E.MA., for personal protective equipment of firefighting helmets and boots. This grant is a 70%-30%-matching grant with the City's portion being 30%. Total funds requested is $93,272.00. City's required 30% match is $27,981.60. ORDINANCE/RESOLUTION REQUIRED: YES Draft of resolution Attached: YES Recommendation: Approve NO X NO Department Head Signature: __~~~~)~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes __X__ No Funding alternatives: Account Number: Account Description: Account Balance; City Manager Review: Approved for agenda~) ~ No Hold Until: Agenda Coordinator Review: Received: Action: 001-2315-526-52-22 Uniforms, $51,000.00 P.O. # Approved Disapproved MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~t~{ AGENDA ITEM ~. ~ - REGULAR MEETING OF MAY 1, 2001 RESOLUTION NO. 34-01 DATE: APRIL 27, 2001 This is a resolution assessing costs for abatement action required for the demolition of an unsafe structure located at 40 SW 6th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the property in the event the assessment remains unpaid. Recommend approval of Resolution No. 34-01. Ref~grnemo15.Res34-01.DemolitionUnsafe.40 SW 6th Avrmue.5-01-01 RESOLUTION NO. 34-01 A RESOLUTION OF THE CITY COF~ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Arficle 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the resbective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nafure and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at Res. No. 34-01 the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the , 2001. day of AT~EST: MAYOR Acting City Clerk Res. No. 34-01 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: MAILING ADDRESS: PROPERTY ADDRESS: LEGAL DESCRIPTION: PAULINE RICE 40 SW 6t~ AVENUE, DELRAY BEACH, FL 33444 40 SW 6t~ AVENUE, DELRAY BEACH, FL 33444 N50' OF S150' OF E 135' OF BLOCK 13, PLAT BOOK 1, PAGE 3, PALM BEACH COUNTY, FL You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 2,762.60 by resolution of the City Commission of the City of Delray Beach, Florida, dated ,2000 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on October 17, 2000 that the Chief Building official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the city if you failed to act. __X__You failed to appeal the decision of the chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. Res. No. 34-01 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on MARCH 22, 2001 at a cost of $2,762.60 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION Acting City Clerk Res No. 34-01 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ff/~ AGENDA ITEM 00. 25) - REGULAR MEETING OF MAY 1, 2001 RESOLUTION NO. 35-01 DATE: APRIL 27, 2001 This is a resolution assessing costs for abatement action required for the demolition of an unsafe structure located at 245 NW 10th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the property in the event the assessment remains unpaid. Recommend approval of Resolution No. 35-01. Ref..Agmemol 5.Res35-01 .DemolitionUnsafe.245NW10thAvenue. 5-01-01 RESOLUTION NO. 35-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT A/TD LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an .unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at Res. No. 35-01 the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the , 2001. day of ATTEST: MAYOR Acting City Clerk Res. No. 35-01 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: MAILING ADDRESS: PROPERTY ADDRESS: LEGAL DESCRIPTION: J. AND PEATROLIA STEPHENSON 245 NW l0th AVENUE DELRAY BEACH, FL 33444 245 NW l0th AVENUE, DELRAY BEACH, FL 33444 LOT 5, BLOCK A, TOURIST NOOK DELRAY ACCORDING TO PLAT BOOK 24, PAGE 235 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 2,592.12 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 2000 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on April 7, 2000 that the Chief Building official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the city if you failed to act. __X__You failed to appeal the decision of the chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. 4 Res No. 35-01 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on March 9, 2001 at a cost of $ 2.592.12 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION Acting City Clerk Res. No. 35-01 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CiTY MANAGER ~ AGENDA ITEM ~. ~-- REGULAR MEETING OF MAY 1, 2001 RESOLUTION NO. 36-01 DATE: APRIL 27, 2001 This is a resolution assessing costs for abatement action required for the demolition of an unsafe structure located at 815-941 SW 20th Court. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the property in the event the assessment remains unpaid. Recommend approval of Resolution No. 36-01. Ref'dkgmemo 15.Res36-01.DemolitionUnsafe. 815-941 SW20thCt5-01-01 RESOLUTION NO. 36-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REG~TIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an .unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, an appeal to of Appeals or WHEREAS, neither the Board Construction corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Cormmission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at 2 Res. No. 36-01 the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the , 2001. day of ATTEST: Acting City Clerk MAYOR Res. No. 36-01 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: MAILING ADDRESS: PROPERTY ADDRESS: LEGAL DESCRIPTION: WOODBROOKE CONDOMINIUM ASSOCIATION, INC. c/o GREGORY A. VARNER, RA 929 SW 20TM COURT DELRAY BEACH, FL 33445 815-941 SW 20TM COURT, DELRAY BEACH, FL 33445 LOT 9, LESS THE SOUTH 16' OF THE WEST 45' OF THE S 14' OF THE E 71.54' OF BLOCK 1, GOLF PARK, ACCORDING TO PLAT BOOK 26, PAGE 141 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 3,318.36 by resolution of the City Commission of the City of Delray Beach, Florida, dated ,2000 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on September 13, 2000 that the Chief Building official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the city if you failed to act. __X__You failed to appeal the decision of the chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. Res. No. 36-01 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on March 16, 2001 at a cost of $ 3,318.36 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION Acting City Clerk 5 Res. No. 36-01 TO: THRU: FROM: SUBJECT: CITY COMMISSION DoCU~'~NYATION DAV~.,z~R~,.?.,~ MANAGER MEETING OF MAY 1,200'1 CONSENT AGENDa* ABANDONMENT OF A 10-FOOT UTILITY EASEMENT WATER'S EDGE DEVELOPMENT, LOCATED AT THE CORNER OF LAKE IDA ROAD AND CONGRESS AVENUE. WITHIN THE SOUTHWEST The request involves abandoning a 10-foot wide, L-shaped utility easement, approximately 401.6 feet in length. The subject easement was dedicated by separate instrument (OR Book 2034, Page 601, Palm Beach County Records), on July 12, 1972. This utility easement is dedicated for water, sewer, and gas utilities. The easement originally accommodated sewer service to the neighboring subdivision of Delray Shores, to the west. On December 18, 1996 the Site Plan Review and Appearance Board (SPRAB), granted site plan approval for the 148-unit multifamily development, known as Water's Edge Apartments, where the subject easement is located. Subsequently plat approval was received from the City Commission on March 18, 1997. During the platting process it was identified that once existing sewer facilities are relocated to easements created from the new plat, the subject easement should be abandoned. The development has been constructed, but until this time, abandonment of the subject easement was not pursued. The abandonment request was submitted by Bill Keenan of the Waters Edge Apartment, Ltd., who became aware of the situation through issues relating to financing. Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior the the City Commission granting an abandonment: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. The City's Environmental Services Department (water & sewer service), and the Florida Public Utilities Company (gas service) have reviewed the request, and have no objection to the abandonment. The existing service (sewer) was relocated with the development of the Water's Edge project, to new easements provided via the plat. By motion, approve the abandonment of the easement, based upon positive findings with respect to LDR Section 2.4.6(P)(4). Attachment: · Abandonment Resolution · Survey & Legal Description · Location Map S:~boards~citycommission\WatersEdge-Aba n-CCDoc.doc RESOLUTION NO. 38-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 10' UTILITY EASEMENT WITHIN THE WATER'S EDGE DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF LAKE IDA ROAD AND CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a 10' utility easement within the Water's Edge development located at the southwest corner of Lake Ida Road and Congress Avenue; and WHEREAS, said application for abandonment of a general utility easement was processed pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(P) (3) (c), the City Engineer has forwarded the application to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(P) (5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon a general utility easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: A portion of WATER'S EDGE AT DELRAY BEACH, according to the plat thereof, as recorded in Plat Book 79, at Pages 138 and 139 of the Public Records of Palm Beach County, Florida, and being a portion of that certain easement recorded in Official Records Book, 2034, at pages 601, 604 and 607 of the Public Records of Palm Beach County, Florida and being a 10-foot wide strip of land lying on each side of the following described centerline; COMMENCING at the southwest corner of said WATER'S EDGE AT DELRAY BEACH; THENCE North 13 degrees 00'00" West, along the westerly line of said WATER'S EDGE AT DELRAY BEACH, 219.88 feet to a point on the arc of a non- tangent curve concave to the southwest (a radial line through said point bears South 79 degrees 33'56" West to the radius point of the next described curve); THENCE Northwesterly along the arc of said curve having a radius of 575.00 feet, a central angle of 01 degree 25'15", an arc distance of 14.26 feet to the POINT OF BEGINNING; THENCE North 90 degrees 00'00" East, 198.65 feet; THENCE South 00 degrees 00'00" East, 202.95 feet to the POINT OF TERMINATION of said centerline. Said lands lying in the City of Delray Beach, Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the 1st day of May, 2001. ATTEST: MAYOR Acting City Clerk - 2 - Res. No. 38-01 N W. 9TH ST L AKE D A ALZHEIMER 'S CARE CENTER W A T E R p G , $ LAKE IDA PLAZA DORSON WAY BISHOP LAMDA NOVA- TRONICS SETA DELRA Y AR TIC CENTER ICE N PLANNING DEPARTMENT CITY OF DELRAY BEACH, FL WATER'S EDGE At DELRAY BEACH ( 10' UTILITY EASEMENT TO BE VACATED ) --- Ol¢lfAI BASE lUltlP SYSTEM -- MAP REF LM126 LAND DESCRIPTION 10' UTILITY EASEMENT TO BE VACATED WATER'S EDGE AT DELRAY BEACH (PB 79, PGS 138-139, PBCR) A po~on of WATER'S EDGE AT DELRAY BEACH, according to the plat thereof, as rscorded in Plat Book 79, at Pages 138 and 139 of the Public Records of Palm Beach County, Flodda, and being a po~on of that certain easement recorded in Official Records Book 2034, at Pages 601, §04 and 607 of the Public Records of Palm Beach County, Florida and being a 10 foot wide strip of land lying on each s~de of the following described centerline; COMMENCING at the southwest comer of said WATER'S EDGE AT DELRAY BEACH; THENCE North 13°00'00" West, along the westerly line of said WATER'S EDGE AT DELRAY BEACH, 219.88 feet to a point on the arc of a non-tangent curve concave to the southwest (a radial line through said point bears South 79°33'56" West to the radius point of the next described curve); THENCE Northwesterly along the arc of sa~d curve having a radius of 575.00 feet, a central angle of 01°25'15", an arc distance of 14.26 feet to the POINT OF BEGINNING, THENCE North 90°00'00'' East, 198.65 feet; THENCE South 00°00'00" East, 202.95 feet to the POINT OF TERMINATION of said centedine Said lands yng in the C~ty of Delray Beach, Palm Beach County, Flonda. The sidelines of said easement are to be lengthened or shortened so as to provide a continuous easement in wIdth and to intersect the applicable easement lines. Notes: 1. 2. 4 Reproducbons of this sketch are not valid unless sealed w~th an embossed surveyor's seal. Lands shown hereon were not abstracted by Shah, Drotos & Associates for nghts-of-way, easements, ownership, or other instruments of record. Bearings are based on the south line of Water's Edge at Delray Beach (PB 79, PGS 138- 139, PBCR). Said line bears North 88°09'00" West. Easements shown on the plat of Water's Edge at Delray Beach have been omitted for clarity. See Sheet 2 of 2 Sheets for Sketch of Descrfption and signature and seal of Florida Surveyor and Mapper Land Description Prepared SHAH, DROTOS & ASSOCIATES, P.A. 1885 West Commercial Boulevard, Ste 190 Fort Lauderdale, Florida 33309 Prepared by: MDR Checked by: MDR Project No: 96-0332 January 26, 1999 SHEET 1 OF 2 SHEETS 10' UTILITY EASEMENT TO BE VACATED SKETCH OF DESCRIPTION A PORTION OF WATER'S EDGE AT DELRAY BEACH SC^LE: 1"=40' (PB 79, PGS 158-159, PBCR) 10 UT ~ ~ ~ h (ORB 2054, PC 601 PBCR) ' 0 1 w=l ~ ~ORB 203~, PG 607,PBCR) ~ ~0 ~. ~ ~ ~ '% '~'~ , ~: ~ x~',' ~'s~~ I , ~.~'x}6'm .... I I~ y_~ .~ ..... ~ ~ I LI~ I ~ ~ NO~ a RIGHT-OF-WAY LINE COMMENCEMENT . _ ~) ~ ~ soumw~ J ]5 LI~ STATION ~[~ CORUER Or W~T[R'S ~CCESS ~SEM~NT L.W.D.D. ~TERAL~CANAL NO. 52 SOUTH LINE-SEC 7-~6-43 PB INDICA~S P~T PG INOI~ P~E ORB INDICA~S O~C~L REC~D BOOK MIC~L D. ROSE P~ ~: 9~ PROFESSIO~ SU~OR ~D MAPPER R~ ~ ~~ ~ 2 OF 2 ~ FLORIDA REGI~TiON NO. 3998 DROTOS CElibaTE OF A~ORI~ON NO. R~ ~N DA~ ~/~ ~ ~: ~6-7~ - F~ a~-~7~ MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM #~.- REGULAR MEETING OF MAY 1, 2001 AMENDMENT NO. 1/AGREEMENT FOR GENERAL CONSULTING ENGINEERING SERVICES (MATHEWS CONSULTING, INC. DATED DATE: JUNE 2, 1999) APRIL 27, 2001 This is before the Commission to approve Amendment No. 1 to the Agreement for General Consulting Engineering Services between the City and Mathews Consulting, Inc. dated June 2, 1999. The addendum is a request to increase their hourly rates under the above referenced agreement. Pursuant to Section VII (A) (2) (a), the consultant is allowed to request an increase of hourly rates not to exceed 5% in a twelve-month period. The current agreement has been in effect since June 1999 and this is the first request for an increase of 5%. Recommend approval of Amendment No. 1 to the Agreement for General Consulting Engineering Services between the City and Mathews Consulting, Inc. Re f: Agmemo 13. Amendment # 1. Mathews Cons ut 1 ting. 05- 01- 01 Agenda Item No. ~ .~-~- AGENDA REQUEST Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda Date: 19April 2001 When: 01 May 2001 Description of item (who, what, where, how much): Approval/authorization for Mayor to execute Amendment Number 1 to the agreement for General Consulting Services with Mathews Consulting, Inc., dated 02 June 1999. Amendment Number 1 provides for a 5% increase in the cost of professional services charged by Mathews Consulting, Inc. ORDINANCE/RESOLUTION REQUIRED. YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recom~d.s,appro..~val Department head signature: (_._~,~~ .~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable: Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO N.A. Funding alternatives .(if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda:(~NO~x Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: Ag520.doc City Of Delray Beach .... Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: David T. Harden, City Manager Randal L. Krejcarek, P.E., City Engineer p~ t9 April 2001 www.delrayesd.com SUBJECT: Amendment # 1 to the Agreement for General Consulting Services Mathews Consulting, Inc. Agenda Item The attached agenda item is a request from Mathews Consulting, Inc. to increase their hourly rates charged under the above referenced General Consulting Services Agreement. Pursuant to Section VII(A)(2)(a) of the agreement, the consultant is allowed to request an increase of hourly rates not to exceed 5% in a twelve month period. The current agreement with Mathews Consulting, Inc. has been in effect since June 1999 and this is the first request for an increase to the hourly rates. Please place this on the 01 May 2001 Commission agenda. Thank you. enc cc: Richard Hasko, P.E., Director of Env. Svcs Susan Ruby, City Attorney file S:~E. ngAdminV~FQtagendarnemo 01may2001. doc AMENDMENT NO. 1 TO THE AGREEMENT FOR GENERAL CONSULTING ENGINEERING SERVICES WITH MATHEWS CONSULTING~ INC. DATED JUNE 2~ 1999 THIS AMENDMENT NO. 1 to the Agreement for General Consulting Engineering Services dated June 2, 1999 is made this day of , 200_ by and between the CITY OF DELRAY BEACH ("CITY") and MATHEWS INC. ("CONSULTANT"). CONSULTING, WITNESSETH: WHEREAS, the parties entered into an Agreement for General Consulting Engineering Services ("Agreement") dated June 2, 1999, in which the CONSULTANT would provide professional engineering services to the CITY when requested by the CITY; and, WHEREAS, Section VII(A)(2)(a) of the Agreement dated June 2, 1999 between the parties provides that any increase in the rates charged by CONSULTANT may only occur upon a written agreement with the CITY, may not exceed 5 % within a twelve month period and a newly revised Exhibit "B" must be submitted; and, WHEREAS, the parties desire to amend the Agreement dated June 2, 1999 to provide for a 5% increase in the fees charged by CONSULTANT as provided by a revised Exhibit NOW, THEREFORE, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. The Agreement dated June 2, 1999, is hereby amended, by submitting a revised Exhibit "B" pursuant to Section VII(A)(2)(a), to provide for a 5% increase in the cost of professional services charged by CONSULTANT. 3. This Amendment together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 4. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement for General Consulting Engineering Services on the day and year first hereinabove written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Approved as to legal form and sufficiency: By: City Attorney WITNESSES: (name printed or typed) (name printed or typed) David Schmidt, Mayor MATHEWS CONSULTING, INC. By: (name printed or typed) (corporate seal) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,200 , by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped EXHIBIT B Employer Category Hourly Raw Salary Rates Hourly Raw Salary Rate Times 3.00 Multiplier Professionals - Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists, etc. Principal Engineer ....... $29.75/hr .......... $89.25/hr. Engineer ................ $24.50/hr .......... $73.50/hr. T~¢hni¢ians - Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors, etc. CADD Designer ........... $22.75/hr .......... $68.25/hr. Technician .............. $15.75/hr .......... $47.25/hr. Office Support Clerical ................. $10.50/hr .......... $31.50/hr. Revised January 2001 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~.~! AGENDA ITEM - REGULAR MEETING OF MAY 1, 2001 CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/CORAL-TECH DATE: (POLICE DEPARTMENT COMMUNICATIONS CENTER) APRIL 27, 2001 This is before the City Commission to approve doseout Change Order # 1 in the amount of $409.79 with Coral-Tech for completion of the Police Department Communications Center project. The changes are itemized on Exhibit "A" of the staff report. Also requested is final payment in the amount of $11,510.98. The project is complete and has been inspected and approved by staff. Funding will be from 334-6112-519-63.22 (Police 800Mhz Radio System). Recommend approval of doseout Change Order #1 and the request for final payment to Coral-Tech for completion of the Police Department Communications Center project. Ref~gmemo16.Closeout. Coral-TechPDCommunicationsCenter.05-01-01 Request to be placed on: AGENDA REQUEST Agenda Item No. 0 Date: April 19, 2001 X Regular Agenda Special Agenda Workshop Agenda When: May 1, 2001 Description of item (who, what, where, how much) Attached is an Agenda Request for City Commission to approve net add Change Order #1, Final in the amount of $409.79, and final payment in the amount of $11,510 98 to CoraI-Tech Associates, Inc. on the Police Department Communications Center project (PN 99-023) All changes are itemized on the attached Exhibit A to Change Order #1, Final. The project is complete and all warranty documentation has been received. Staff recommends the City Commission approve Change Order #11Final in the amount of $407.79 and final payment in the amount of $'1'1,510.98 to Coral- Tech Associates, Inc. for the completion of the Police Department Communications Center project. Funding is available from account 334-6112-519-63.22 ($407.79), Police 800 Mhz Radio System. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Change Order #1, Final and Final Payment to CoraI-Tech Associates, Inc. /~ ~.~ ~(? Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation if applicable): Budget Director Review (re,~tuir~d on all items involving expenditure of funds): Funding available: ~O Funding alternatives (if applicable): Account No. & Description 334-6112-519-63.22, Police 800Mhz Radio System Account Balance ~ .q-~,, I'~ "1 ~.~ ~ City Manager Review: Approved for agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...~99023~agreqco 1final.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DAVID HARDEN Manager Assistant Construction Manager www delrayesd corn SUBJECT: POLICE DEPT. COMMUNICATIONS CENTER PROJECT: AGENDA REQUEST CHANGE ORDER #1(FINAL) AND FINAL PAYMENT DATE: APRIL 20, 2001 Attached is an Agenda Request for City Commission to approve a net add Change Order #1, Final, in the amount of $409.79, and final payment in the amount of $11,510.98 to CoraI-Tech Associates, Inc. for completion of the Police Department Communications Center project (PN 99- 023). All changes are itemized on the attached Exhibit A to Change Order #1, Final. The project is complete and all warranty documentation has been received. Staff recommends the City Commission approve Change Order #'l/Final in the amount of $409.79 and final payment in the amount of $11,$10.98 to CoraI-Tech Associates, Inc. for the completion of the Police Department Communications Center project. Funding is available from account 334-6112-519-63.22 ($409.79), Police Department 88Mhz Radio System. A Contractor Evaluation is also attached. Richard Hasko Howard Wight David Junghans File 99-023(A) I~ESSRYOO2~DEP,~RTMENTS~Eng,4dmtnLProjectst1999199-023~CONSTRC73agmemoCO/fin doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. l(Final) PROJECT NO. 99-023 DATE: PROJECT TITLE: Police Department Communications Center Upgrades TO CONTRACTOR: Coral-Tech Associates, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION Complete changes to projects per the attached schedule "A" as follows: Police Department Communications Center Less Contingency Allowances Net Add Change Order #1, Final $7,909.79 ($7,500.00) $409.79 SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 0.5 % TOTAL PER CENT INCREASE TO DATE 0.5% $76,900.00 $0.00 $76,909.00 $409.79 $77,309.79 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. Coral-Tech Associates, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account 334-6112-519-63.22 DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: By: ATTEST: By: Mayor City Attorney City Clerk EXHIBIT "A" Police Department Communications Center Pd 99-023 Change Orders Summary Owner Unforeseen A/E Design Requested Days Item # Description Conditions Revisions Revisions Rqstd 1 Adding epoxy flooring to Restrooms, $ 1,594.36 0 Corridor, Lockers Room & Break Room. 2 Add Fire Dampers at duct penetrations $ 3,278 45 0 through fire-rated partitions. 3 Patch existing openings & firesafe existing $ 1,569 95 0 ~enetrations at fire-rated partitions. 4 Demolition of two closets; relocation of $ 1,861.89 0 electrical switches, lights, and Fire Alarm panel; drywall restoration, finish, and painting. 5 Install receptacle at microwave shelf.. $ 212.64 0 6 Delete carpet at managers office, vinyl base, $ (607.50) 0 and delete vinyl tile at breakroom and restroom/Iocker areas Pending Change Orders $ 4,848.40 $ $ 3,061 39 Contingency Allowance Total of Changes Total of Pending Calendar Days $ 7,500 00 $ 7,9O9.79 Net Change Order $ 409.79 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM oO. ~'- REGULAR MEETING OF MAY 1, 2001 CLOSEOUT CHANGE ORDER #4 & FINAL PAYMENT/REPUBLIC DATE: CONSTRUCTION (VETERANS PARK RESTROOM) APRIL 27, 2001 This is before the City Commission to approve doseout Change Order #4 in the amount of $2,725.52 with Republic Construction for completion of the Veterans Park project. This project also included the reconstruction of the Veterans Park Playground and construction of Lakeview Golf Course Restroom. The changes are itemized on the attached Exhibits "A' of the staff report. Also requested is final payment in the amount of $29,027.73. The project is complete and has been inspected and approved by staff. Recommend approval of doseout Change Order #4 and the request for fmal payment to Republic Construction for completion of the Veterans Park Restroom project. Funding is available in 334- 4126-572-62.10 (Veteran's Park Building) and 441-5161-536-62.10 (ESD Maintenance Building). Ref'dkgmemo16.Closeout_RepublicConstruction.VeteransParkRestroom.05-01-01 AGENDA REQUEST Agenda Item No. ~ -~ Date: April 19, 2001 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: May 1, 2001 Description of item (who, what, where, how much) Attached is an Agenda Request for City Commission to approve net add Change Order #4, Final in the amount of $2,725.52.00, and final payment in the amount of $29,027.73 to Republic Construction and Development Corporation on the Veterans Park Restroom Modifications project (PN 96-040) The project also included the fire restoration of the Veterans Park Playground and the Lakeview Restroom Building, work added prewously by Contract Additions All changes are ~tem~zed for each project on the attached Exhibits A to Change Order #4, F~nal The projects are complete and all warranty documentation has been received. Staff recommends the City Commission approve Change Order ~l/Final in the amount of $2,725.52 and final payment ~n the amount of $29,027.73 to Republic Construction and Development Corporation for the completmn of the Veterans Park Restroom Modifications project. Funding ~s available from account 334-4126-572-62 10 ($5,608.42), Veterans Park, 551-1575-591-45.50 (-$3,196.50), Veterans Park Playground; 446-4761-572-6210 (-$1,739.40), Lakeview Golf Course; and 441-5161-536-62.10 ($2,05300), ESD Maintenance Building ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Change Order #4, Final and Final Payment to Republic Construcbon and Development Corporation//''~') ~ , ~ Department head signature: ~--?_.'~-ol Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r/e~r~d on all items involving expenditure of funds): Funding availablE YES. O___ Funding alternativ'es-(E applicable): Account No. & Description 334-4126-572-62.10 ($5,608.42), 551-1575-591-45.50 (-$3,196.50) 446-4761-572-62.10 (-$1,739.40), 441~5161-536-62.10 ($2,053.00) Account Balance City Manager Review: Approved for agenda: ~NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s'\...~96040~agreqco4final doc TO: FROM: SUBJECT: City Of Delray Beach Department of Environmental Services M E M 0 R A N D DAVID HARDEN City Manager VICTOR MAJTENY~~ Assistant Construction Manager U VETERAN'S PARK RESTROOM PROJECT: AGENDA REQUEST CHANGE ORDER #4(FINAL) AND FINAL PAYMENT DATE: APRIL 19, 2001 M www delrayesd com Attached is an Agenda Request for City Commission to approve a net add Change Order ~.4, Final, in the amount of $2,725.52, and final payment in the amount of $29,027.73 to Republic Construction and Development Corporation for completion of the Veteran's Park Restroom Modifications project (PN 96-040). This project also included the reconstruction of the Veteran's Park Playground and the construction of Lakeview Golf Course Restroom, as work added previously by Contract Additions. All changes are itemized for each project on the attached Exhibits A to Change Order ~4, Final. The projects are complete and all warranty documentation has been received. Staff recommends the City Commission approve Change Order ~t/Final in the amount of $2,725. 52 and final payment in the amount of $29,027.73 to Republic Construction and Development Corporation for the completion of the Veteran's Park Restroom Modifications project. Funding is available from account 334-4126-572-62.10 ($5,608.42), Veterans Park Restrooms; 551-1575-591-45.50 (-$3,196.50), Veterans Park Playground Restoration; 446-4761-572-62.10 (-$1,739.40), Lakeview Restroom; and 441-5161-536-62.10 ($2,053.00), ESD Maintenance Expansion. A Contractor Evaluation is also attached. cc' Richard Hasko Howard Wight Joe Weldon File 96-040(A) s\. ~96040~agmemco4flnal S ~Eng.4dmtnb°rojects~1996~96-O401CONSTRCT~agmernoCO4JTn doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 4(Final) PROJECT NO. 96-040 DATE: PROJECT TITLE: Veteran's Park Restroom Modifications TO CONTRACTOR: Republic Construction & Development Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION Complete changes to projects per the attached schedule "A" as follows: Veteran's Park Restroom, Playground, & Lakeview Restroom Less Contingency Allowances Net Add Change Order #4, Final $14,725.52 ($12,000.00) $2,725.52 SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 2.0 % TOTAL PER CENT INCREASE TO DATE 93.9% $134,290.00 $123,417.00 $257,707.00 $2,725.52 $260,432.52 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. Republic Construction & Development Corporation (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account 334-4126-572-62.10 ($5,608.42), 551-1575-591-45.50 (-$3,196.50), 446-4761-572-62.10 (-$1,739.40), and 441-5161-536-62.10 ($2,053.00). DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: By: ATTEST: By: Mayor City Attorney City Clerk EXHIBIT "A" Veteran's Park Restroom Modifications Prj 96-040 Change Order ~, Summary Unforeseen Description Conditions Re-route electric service line from under proposed building footprint. Hand excavate proposed footers due to close proximity to electric service conduits. Re-route water service line from under proposed building footprint. Repair electrical runs cut/damaged in concrete slab during floor cutting activities. Upgrade Interior finishes to outside restrooms: stucco over lath and plywood, epoxy floors and base. Relocate fire alarm panel as requested by Park's Dept. Replace ceiling gnd/tiles over kitchen aroa, rewire existing 2x4 ceiling lights, add 2 new 2x4 ceiling lights. New electrical circuit for relocated water heater. ~,dditional cutting/removal of existing concrete slab to accommodate new plumbing and electrical services, and additional rebar and concrete for new slab. $ 1,058 00 $ 422 00 $ 268.00 $ 2,954.00 $ 1,695 42 A/E Design Revisions $ 274 1S Owner Requested Revisions $ 1,795.00 $ 501 00 $ 1,804.15 Days Rqstd Change Order #.4 Summary Veteran's Park Restroom and Playground. Lakewew Golf course Restroom Page 1 of 2 Furnish and install two 56" x 42" mirrors over vanities Credit; door repair performed by C.K.'s Lockshop, punlist item. Credit; carpet replacement at supervisors area, damaged from construction Additional work required at playground per Leather's safety audit. Furnish & install 20a/120 v circuit for soda machine, with weather proof box. closers to doors. Fleet Maint.; furnsih & install Hollow Metal door for passage access. $ (99.00) $ (342.00) $ 277 66 $ 1,803.50 $ 105 00 $ 155.60 $ 2,053.00 Pending Change Orders $ 5,95642 $ 274.19 $ 8,494.91 Allowance Costs Net Change (VR) Restroom Modifications (VP) Playground (LV) Lakeview Restroom (ESD) Contract Addition $ ~000.00 $ 10,608.42 $ 5,60842 $ ~000.00 $ 1,803.50 $ (3,196 50) $ ~000.00 $ 26060 $ (1,739.40) $ 2,053.00 $ 2,05300 Total of Changes Total of Pending Calendar Days $ 14,725.52 0 Net Change Order $ 2,725.52 Change Order #4 Summary Veteran's Park Restroom and Playground, Lakewew Golf course Restroorn Page 2 of 2 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND C1TY COMMISSIONERS CITY MANAGER ~d~ AGENDA ITEM-- ~. J'- REGULAR MEETING OF MAY 1, 2001 CLOSEOUT CHANGE ORDER #1 & FINAL PAYiVIENT/ARBOR TREE (ROAD BOND SWALES) DATE: APRIL 27, 2001 This is before the City Commission to approve doseout Change Order # 1 in the ded~t amount of $174,876.14 with Arbor Tree for completion of the Road Bond Swales Project. The changes are listed in the staff report. Also requested is final payment in the amount of $14,658.10. The project is complete and has been inspected and approved by staff. Funding will be from 448-5470-538-65.41 (Swale Reconstruction). Recommend approval of doseout Change Order # 1 and the request for final payment to Arbor Tree for completion of the Road Bond Swales. Ref~gmemo 16.Closeout a~u'borTreeRoadBondSwales. 05-01-01 AGENDA REQUEST Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda Date: April 24, 2001 When: May 1, 2001 Description of item (who, what, where, how much): Attached for Commission approval ~s an agenda request for closeout Change Order #1, Final to Arbor Tree and Landscape Co, Inc. on the 2000 Road Bond Swale Reconstruction Project It ~s for the final plus/minus quantity adjustments. Change Order #1 is a net deduct amount of $174,876.14. A request is also made for final payment in the amount of $14,658.10 to Arbor Tree and Landscape Co., Inc. A Contractor Evaluation form is attached for your review. Funding Source is 448-5470-538-65.41 (Swale Reconstruction) ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recom~.mends approval of Change Order #1, Final and Final P~lment to Arbor Tree and Landscape C°" Inc' (/'/~_,~,'~~ Department Head Signature: ~ "-~- ~-?_.'-f-c=t Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r/e.~uired on all items involving expenditure of funds): Funding available: E~..E~NO Funding alternatives (if applicable) Account No. & Description ~(~ Account Balance ~ l O CL~d.~,~,, City Manager Review: /'~ Approved for agenda: ~_~'/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen0050.doc Memorandum To: F rom: Date: Re: David T. Harden, City Manager Howard Wight, Dep Director of Constr April 24, 2001 2000 Road Bond Swale Project (00-050) Final Deduct Change Order and Final Payment) Attached for Commission approval is an agenda request for closeout Change Order #1, Final to Arbor Tree and Landscape Co., Inc.. on the above referenced Project. It is for the final plus/minus quantity adjustments. Change Order #1 is a net deduct amount of $174,876.14. A request is also made for final payment in the amount of $14,658.10 to Arbor Tree and Landscape Co., Inc. A Contractor Evaluation form is attached for your review. Funding Source is 448-5470-538-65.41 (Swale Reconstruction). 00-50 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, Final PROJECT NO. 00-50 DATE: PROJECT TITLE: 2000 Road Bond Swale Project TO CONTRACTOR: Arbor Tree and Landscape Co., Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provide Final plus/minus quantity adjustments and miscellaneous changes per attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THIS CHANGE ORDER -41.1% TOTAL PER CENT DECREASE TO DATE -41.1% $ 426,170.00 $ 0.00 $ 426,170.00 -$174,876.14 $ 251,293.86 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. Arbor Tree and Landscape Co., Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source is 448-5470-538-65.41 (Swale Reconstruction) DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: By: Mayor ATTEST: By: City Attorney City Clerk o o o g 0 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS C1TY MANAGER ~ AGENDA ITEM 2(./~. - REGULAR MEETING OF MAY 1, 2001 CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/CHAZ DATE: EQUIPMENT COMPANY (BREEZY RIDGE ESTATE APRIL 27, 2001 This is before the City Commission to approve doseout Change Order #1 in the amount of $39,021.33 with Chaz Equipment Co., Inc. for the Breezy Ridge Estate project. The changes are itemized in the staff report. Also requested is final payment in the amount of $55,629.13. The project is complete and has been inspected and approved by staff. Recommend approval of doseout Change Order #1 and the request for final payment to Chaz Equipment Co., Inc. for completion of the Breezy Ridge Estate project. Funding is available in the amount of $8,600.00 from 442-5178-536-63.51 (R&R Sanitary Sewer), $12,093.00 from 442-5178-536-50 (R&R Water Distribution), $18,328.33 from 370-3162-541- 65.48 (2000 Road Bond-Breezy Ridge Estates). Ref~gmemol 6.Closeout.Chaz Equip. BreezyRidgeEstate.05-01-01 Agenda Item No. Request to be placed on: AGENDA REQUEST Date: April 24, 2001 --X ..... Regular Agenda ~ Special Agenda ~ Workshop Agenda When: May 1, 2001 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for closeout Change Order #1, Final to Chaz Equipment Co., Inc. on the Breezy Ridge Estates Project (PN 00-43). It is for the final plus/minus quantity adjustments; miscellaneous sanitary sewer repa;rs; and water main /drainage installation on Pelican Lane Change Order #1 is a net add amount of $39,021.33. A request is also made for final payment in the amount of $55,629.13 to Chaz Equipment Co., Inc. A Contractor Evaluation form is attached for your review. Funding Source is 442-5178-536-63.51 (R&R Sanitary Sewer) for $8,600.00; 442-5178-536-63.50 (R&R Water Distribution per Pelican Lane Developer agreement approved by Commission on 11/21/00, Item #8.G) for $12,093.00; and 370-3162-541-65.48 (2000 Road Bond- Breezy Ridge Estates) for $18,328.33 ORDINANCE/RESOLUTION REQUIRED. Not required. Recommendation: Staff recommends award of Change Order #1, Final and Final Payment to Chaz Equipment Co., Inc. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable); Budget Director Review (re,..q~ed on all items involving expenditure of funds): Funding available: Eqlf..~NO Funding alternatives (if applicable): Account No. & Description ~ Account Balance City Manager Review: Approved for agenda: E~NO ~c/~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Memorandum To: From: Date: Re: David T. Harden, City Manager Howard Wight, Dep Director of Construct/~L-''''''- /! April 24, 2001 Breezy Ridge Estates (2000-043) Final Deduct Change Order and Final Payment) Attached for Commission approval is an agenda request for closeout Change Order #1, Final to Chaz Equipment Co., Inc. on the above referenced Project. It includes final plus/minus quantity adjustments; miscellaneous sanitary sewer repairs (items 31A, 31B); and water main/drainage installation on Pelican Lane (item 31C). Change Order #1 is a net add amount of $39,021.33. A request is also made for final payment in the amount of $55,629.13 to Chaz Equipment Co., Inc. A Contractor Evaluation form is attached for your review. Funding Source is 442-5178-536-63.51 (R&R Sanitary Sewer) for $8,600.00; 442-5178- 536-63.50 (R&R Water Distribution per Pelican Lane Developer agreement approved by Commission on 11/21/00, Item #8.G) for $12,093.00; and 370-3162-541-65.48 (2000 Road Bond - Breezy Ridge Estates) for $18,328.33 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, Final PROJECT NO. 00-43 DATE: PROJECT TITLE: Breezy Ridge Estates TO CONTRACTOR: Chaz Equipment Co., Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provide Final plus/minus quantity adjustments and miscellaneous changes per attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 7.5% TOTAL PER CENT INCREASE TO DATE 7.5% $ 517,270.00 $ 0.00 $ 517,270.00 $ 39,021.33 $ 556,291.33 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. Chaz Equipment Co. Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source is 442-5178-536-63.51 (R&R Sanitary Sewer) for $8,600.00; 442-5178-536-63.50 (R&R Water D~stribution per Pelican Lane Developer agreement approved by Commission on 11/21/00, Item #8.G) for $12,093 00; and 370-3162-541-65.48 (2000 Road Bond - Breezy Ridge Estates) for $18,328 33 DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: By: Mayor ATTEST: By: CityA~omey City Clerk / CITY OF DELRAY BEACH BREEZY RIDGE SUBDIVISION NEIGHBORHOOD IMPROVEMENTS PROJECT NO. 2000-043 SCHEDULE OF VALUES PAYMENT APPLICATION' APPLICATION NUMBER: PERIOD FROM' 3 APPLICATION DATE: 3/1101 3 PROJECT NO 2000-043 UNIT CONTRACT THIS PERIOD TOTAL TO DATE NO DESCRIPTION QUANTITY UT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT GENERAL 1 Maintenance of Traffic 1 LS $ 10,500.00 $ 10,50000 20% $ 2,100.00 100%i $ 10,500.00 2 Cleanng and Grubbing I LS $ 35,000.00 $ 35,000 00 0% $ 100% $ 35,000.00 3 Grading I 1 LS $ 20,000.00 $ 20,000.00 0% $ 100% $ 20,000.00 WATER DISTRIBUTION 4 Furnish and install 8" D.I.P. Water main Complete 950 LF $ 25.00 $ 23,750.00 0 $ 1041 LF $ 26,025 00 5 Fumish and Install Resdient Seat Gate Valves & Boxes a. 6" 1 EA $ 650.00 $ 650.00 0 $ I $ 650.00 b. 8" I 4 EA $ 750.00 $ 3,000.00 0 $ 4 $ 3,000.00 6 Furnish and Install Fire Hydr. w/anchor tee, 6" aux.res~tlent Seat Gate Valves, Box & connecting pipe 4 EA $ 1,850.00 $ 7,400 00 0 $ 4 $ 7,400.00 7 Remove exit. FIre Hydr Assem complete w/lapp,rig sly and valve, valve box and connect lng Piping 2 EA $ 1,000.00 $ 2,000.00 0 $ 2 $ 2,000.00 8 Furnish and install tapping slv and tapping valve for WM a. 8" x 8" tee, 8" valve 1 EA $ 2,500.00 $ 2,500.00 0 $ I $ 2,500.0~,.... b. 6" x 6" tee, 8" valve 2 FA, $ 2,300 00 $ 4,600.00 0 $ 2 $ 4,600 07. 9 FumJsh and install 1-1/2" water service, complete 1 EA $ 975 00 $ 975.00 0 $ 1 $ 975.00 '10 Furnish and instal! 1' water servie complete,connect to ex~sting meterI 12 EA $ 800.00 $ 9,600 00 0 $ 12 $ 9,600.00 11 Fill and Flush Connectmns 2 EA $ 500.00 $ 1,0~0 00 0 $ 2 $ 1,000 00 SUB TOTAL PAGE ONE Items 1 through 1 I, inclusive $ 120,975.00 $ 2,10000 $ 123,25000 PAGE 2 PAY ESTIMATE Project No 2000-034 BREEZY RIDGE ESTATE SUBDIVISION NEIGHBORHOOD IMPROVEMENTS NO DESCRIPTION UNIT CONTRACT THIS PERIOD TOTAL TO DATE QUANTITY UT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 12 Sample Points, Complete 4 EA $ 150.00 $ 600 00 0 $ - 4 $ 600 00 13 Remove Existing 4" WM complete 700 LF $ 4 00 $ 2,800 00 0 $ - 690 LF $ 2,760 00 14 Furmsh and ~nstall 8" SDR 35 PVC Sanitary Sewer a. 0' - 6' 1629 LF $ 37 00 $ 60,273.00 0 $ 1462 LF $ 54,094.00 b 6' - 8' 206 LF $ 42 00 $ 8,652.00 0 $ 299 LF $ 12,558.00 15 Furmsh and isntall precast concrete san~ary manholes a 0'-6' 9 EA $ 1,500.00 $ 13,500.00 0 $ 9 $ 13,500.00 b 6' - 8' 2 EA $ 1,800 00 $ 3,600.00 0 $ 2 $ 3,600.00 16 Furmsh and install samtary servl~ laterals a Sin~lle 29 EA $ 600.00 $ 17,400.00 0 $ 34 $ 20,400.00 b. Double 4 EA $ 650.00 $ 2,600.00 0 $ 2 $ 1,300 00 17 Construct P.S #082 and stall owner furnished pumps and controls, complete 1 LS $ 50,000 00 $ 50,000.00 10% $ 5,000 00 100% $ 50,000.00 17A Electrical Revisions to L.S 0 LS $ $ 1 LS $ 1,628.00 1 LS $ 1,628.00 18 Furnish/install DIP Sanitary Force Main, Complete (4") 160 LF $ 32.00 $ 5,120 00 0 $ 160 LF $ 5,120 O0 ROADWAY AND STORM DRAINAGE 19 Remove ex~stmg CMP Storm sewer p~ping, complete (18") 80 LF $ 10.00 $ 800 00 0 $ 80 $ 800.00 20 18" RCP complete 120 LF $ 32.00 $ 3,840 O0 0 $ 118 LF $ 3,776.00 21 Remove existing storm sewer catch basins, complete 3 EA $ 400.00 $ 1,200 00 0 $ 3 $ 1,200.00 22 'nstall new storm sewer catch basins, complete a Type"C" 2 EA $ 1,300.00 $ 2,600.00 0 $ 2 $ 2,600.00 b Type "E" 1 EA $ 1,700.00 $ 1,700.00 0 $ 1 $ 1,700 O0 23 12.'Stabd~zedsubgrade 6800 SY $ 375 $ 25,50000 471 SY $ 1,76625 6971 SY $ 26,141 25 24 8" Limerock Base 6500 SY $ 9.50 $ 61,750 O0 439 SY $ 4,170 50 6639 SY $63,070 50 25 1-1/2'' Type S-Ill Asphalt Concrete Surface Coarse (two hfts) 6200 SY $ 6.00 $ 37,200 O0 6323 SY $ 37,938 00 6323 SY 37,,g38 26 Adjust ex~stmg valve boxes, complete 2 EA $ 75 00 $ 150 O0 0 $ 4 EA $300.00 SUB TOTAL PAGE 2 Items 12 through 26 inclusive $ 299,285 00 $ 50,502 75 $ 303,085.75 PAGE 3 PAY ESTIMATE. PROJECT NO 2000-043, BREEZY RIDGE ESTATES SUBDIVISION NEIGHBORHOOD IMPROVEMENTS UNIT CONTRACT TOTAL TO DATE NO DESCRIPTION QUANTITY UT PRICE AMOUNT QUANTITY AMOUNT SODDING RESTORATION 27 Sodding I a Agent~ne Bahia Sodding 4000 SY $ 3 75 $ 15,000.00 1480 $ 5,550.00 b. Floratam Sodd,ng 2000 SY $ 4.75 $ 9,500 00 3634 $ 17,261.50 28 Remove and reconstruct 6" Concrete Driveway apron 7125 SF $ 4 00 $ 28,500.00 14526 $ 58,104.00 ACurbI-SE10thSt 0 LF $ 12.00 $ 28,50000 62 Type $ 744 00 MISCELLANEOUS ITEMS 29 Furnish and install aerial canal crossIng w~th pipe !mounting access., complete as shown on drawings !(LWDD L-33 Canal Crossing) I LS $ 22,000.00 $ 22,000 00 1 $ 22,000.00 30 Video Allowance 1 LS $ 2,000 00 $ 2,000 00 1 $ 2,000 00 31 UblityAllowance 1 LS $ 10,00000 $ 10,000.00 0 $ 31A Emergency sewer repaIr- 1801 S. Ocean Blvd - W/S Network 0 LS $ 6,000.00 $ 1 $ 6,000.00 31B Sewer lateral tie-in at Knowles Park Restroom - WIS Network 0 LS $ 2,600.00 $ 1 $ 2,600.00 31C Pelican Lane - per developer agreement 6" C-900Water Main 0 LF $ 18.00 $ 356 $ 6,408.00 Tie-in to ex~sting Water Ma~n 0 EA $ 1,850.00 $ 2 $ 3,700.00 Sample Points 0 EA $ 250 00 $ 2 $ 500.00 3" Sch 40 PVC Drainage P~pe 0 LF $ 5.00 $ 197 $ 985 00 T~e into ex~sting drainage 0 EA $ 500 00 $ 1 $ 500 00 32 iLandscapingAIIowance 1 LS $ 10,000.00 $ 10,000.00 0 $ 32A Misc Irngabon to new swales 0 LS $ 3,593.08 $ 1 $ 3,593.08 33 Indemnification 1 LS $ 10 00 $ 10.00 1 $ 10 00 SUB TOTAL PAGE THREE Items 27 through 33 inclusive $ 125,510.00 $ 129,955 58 TOTAL CONTRACT AMOUNT Items 1 through 33 Inclusive $ 517,270 00 $ 556,291.33 CHAZ EQUIPMENT COMPANY, INC. 3380 FIARLANE FARMS ROAD #16 WELLINGTON, FLORIDA 33414 DATE March 23, 2001 REQUISTION NO 4 PROJECT Breezy Ridge Estates PROJECT NO' 2000-43 CHAZ EQUIP JOB NO GENTLEMEN. THIS REQUEST FOR PAYMENT IS FOR WORK COMPLETED ON THE ABOVE REFERENCED PROJECT FOR THE PAY PERIOD ENDING: 3/15/01 AMOUNT OF ORIGINAL CONTRACT APPROVED CHANGE ORDERS: TOTAL CONTRACT 8, APPROVED CHANGE ORDERS: TOTALS TO DATE THIS REQUEST ONLY $517,270.00 $39,021.33 $556,291.33 DO NOT WRITE IN THIS SPACE VALUE OF WORK PERFORMED 4.) $556,291.33 (PER BREAKDOWN ATTACHED) VALUE OF MATERIAL STORED ON SITE (PER BREAKDOWN ATTACHED) 5.) TOTAL REQUISITIONED LESS 0% RETAINAGE 6.) $5.56,291.33 7.) $0.00 AMOUNT EARNED TO DATE 8.) LESS PREVIOUS APPLICATIONS 9.) AMOUNT DUE 10.) $55,629.13 BALANCE TO COMPLETE 11.) $0.00 1 .) The work covered by this Application for Payment has been completed in accordance with the Contract Documents 2 ) All previous progress payments received from the OWN ER on account of Work done under the contract referred to above have been apphed to discharge ~n full all obligations of the CONTRACTOR incurred in connechon v~th WORK covered by pdor Applications for Payment numbered 1 thur I incluswe. 3.) Title to all materials and equipment incorporated to said work or otherwise listed in or covered by th~s Application for Payment will pass to the OWNER at time of payment free and clear of ali liens, claims, security ~ ~nterests and encumberances (except such as covered by bond acceptable to the OWNER ) NO~Y~AFFIDAVIT: ~ U;tary Public ~/' ( / GA,I~ CZAJKOWSKI Personally Known_.~ OR Produced I.D. '~ TITLE PRESIDENT DATE' June 20, 1999 I[~'"~l~"~i~ MYC0MMISSION # CC904425 I~;~.."~ EXPIRES' January 23, 2004 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM or/"~.' - REGULAR MEETING OF MAY 1, 2001 FINAL PAYMENT/INTRASTATE CONSTRUCTION CORP. (LAKE IDA 18" FORCE MAIN CROSSING) DATE: APRIL 27, 2001 This is before the City Commission to approve final payment in the amount of $10,471.75 to Intrastate Construction Corp. for completion of the Lake Ida 18" Force Main Crossing Project. The project is complete and has been inspected and approved by staff. Funding will be from 442-5178-536-65.18 (Lake Ida Road Utility Relocations). Recommend approval of the request for final payment to Intrastate Construction Corp. for completion of the Lake Ida 18" Force Main Crossing. Ref'.Agmemo 16.FinalPayment. IntrastateConstruction. Lake Ida ForceMain.05-01-01 To: From: Date: Subject: ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM David T. Harden City Manager Howard Wight ~ AGENDA REQUEST for 05/01/01 Lake Ida Road FM Relocation (99-19) Final Payment Approval Attached is an Agenda Request for City Commission approval to make final payment on the above referenced project to Intrastate Construction Corporation, in the amount of $10,471.75. Funding is avmlable from 442-5178-536-65.18 (Lake Ida Road Utihty Relocations) A Contractor Evaluation is attached for your review. k F~le 00-69 (A) s\. \0069~agmemfinalpay- ENVIRONMENTAL'SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager . Howard Wight Dep. Dir. ¢onstru~n ~.~ November 1, 2000 AGENDA REQUEST for 11/07/00 Lake Ida Road FM Relocation (99-19) Sabal Lakes/Lake Forest Water Main Crossing (00-69) Bid Award/Contract Addition Attached is an Agenda Request for City Commission to award a Contract to the lowest bidder on the above referenced projects, Intrasta~'Cbnstruction Corporation, in the amount of $162,310.00 (bid tab attached). A review of their references for this type of work proved favorable. A request is also made for a Contract Deletion (C.O. #1) in the amount of-$74,000.00. C.O. #1 eliminates bid item #3, "Construct 8" DIP aerial WM canal crossing" at Sabal Lakes/Lake Forest (PN 00-69). The $74,000.00 unit pdce is above the budgeted amount of $50,000. The aerial crossing will be incorporated into the Davis Rd/Lone Pine Water Main project (00-07) to be constructed later this fiscal year. -Funding is available from 442-5178-536-65.18 (Lake Ida Road Utility Relocations) CC: Dan Beatty Jenifer Spagnoli Randall Krelcarek File 00-69 (A) $\..\O069~agmernbidaward- Agenda Item No. ~. ~-' Request to be placed on: AGENDA REQUEST Date: April 23, 2001 X Regular Agenda Special Agenda Workshop Agenda When: May 1, 2001 Description of item (who, what, where, how much): Attached ~s an Agenda Request for City Commission approval to make final payment on the Lake Ida Road 18" Force Main Relocation to Intrastate Construction Corporation, in the amount of $10,471.75. Funding is available from 442-5178-536-65.18 (Lake Ida Road Utility Relocations). A Contractor Evaluation is attached for your review. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recom/~d~s,~a, ~.~ent to Intrastate Construction Corporation Department head signature: ~~/"-~ - ~-Z.'-/-~1 /, ,.--~. Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation if applicable): Budget Director Review (re~;iu~d on all items involving expenditure of funds): Funding available~YES~NO Funding altematives-'(if appli~a-~le-~.' Description ~/-/~? ~/~ .~ ~/~ ~. ~~ ~/~/~~ Account No. & Account Balance~/~,~ ¢~ City Manager Review: Approved for agenda: ~NO Hold Until: Agenda Coordinator Review: Re~ived: Placed on Agenda: A~ion: Approved/Disapproved s'\ \0069~agreq050101 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: Dawd Harden, City Manager Kenneth L. Thomas, Community Development Administrator Lula Butler, Community Improvement Director ~ April 23, 2001 Delray Beach Renaissance Program Subsidy Request ITEM BEFORE TIlE COMMISSION City Commission authorization and approval to issue a subsidy to one (1) ehglble applicant under the Delray Beach Renaissance Program. The subsidy represents the 122nd homeownership assistance grant provided under the mty Renmssance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Commumty Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership oppommlt~es to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all parmers and the C~ty Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renmssance Program's partner and first mortgage lender. The seminar includes trmnlng and ~nformatlon on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATIONS Staff is recommending City Commission approval to fund a subsidy for one (1) eligible apphcants of the following property: (New Construction) XXX SW 5th Avenue- $20,000.00 Lot 24, Block 4, ROSEMONT PARK Agenda Item No.: Og//4. AGENDA REQUEST Request to be placed on: __ Regular Agenda Special Agenda Workshop Agenda xxxxx Consent Agenda Date: April 23, 2001 When: May 1, 2001 Description of item: Authorization and approval to issue a subsidy to one Delray Beach Renaissance Program totaling $20,000.00. (1) eligible applicant under the Note: Jacqueline Hall ($20,000) represents the 122nd homeownership assistance grant provided under the Renaissance Program to date. Recommendation: Staff recommends approval of one (1) subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total: $20,000.00 Account Number: 118-1924-554.83-01 Department Head Signature: ~~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ¢ Funding Available: /N Funding Alternatives: (if applicable) Account No. & Description: Account Balance: ~'~, City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.02 NAME Jacqueline Hall PROPERTY ADDRESS xxx SW 5th Avenue, Delray Beach LEGAL DESCRPTION Lot 24, Block 4, ROSEMONT PARK, PB 13, PG 60 % OF AREA MEDIAN HOUSEHOLD INCOME 50% FIRST MORTGAGE RATE 7.00 % LTV 77.00 % PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION COST OF LOT COST OF EXISTING UNIT NON- PROFIT DEVELOPER'S FEE Estimated Pre-paids (Lender 1003) Estimated Closing Costs (Lender 1003) TOTAL TRANSACTION: FIRST MORTGAGE TOTAL SUBSIDY Second Mortgage $17,000.00 Developer's Fee $ 3,000.00 $88,140.00 $11,500.00 N/A $ 3,000.00 $ 1,350.00 $ 2,296.55 $1067286.55 $ 76,100.00 $ 20,000.00 THIRD MORTGAGE OTHER CREDITS Estimated Cash To/From Borrower (Lender 1003) $ 10,186.55 NO. IN HOUSEHOLD 2 Northern Trust Bank City of Delray Beach SHIP SW AUBURN ClRcLEL~ I HAITIAN DELRA Y BEACH MEMORIAL GARDENS S.W. S.W ~ S W 8TH 4TH II MERRITT PARK ST DRUG ABUSE FOUNDA~ON OF PALM BEACH COUNTY CITY OF DELRA Y BEACH PUBLIC WORKS COMPLEX 6TH ST TREA TMEN T s w 6TH ST PLANT S W 8TH ST 11 SW Sw. 9TH 9TH 10TH PINE GROVE ELEMEN TAR Y SCHOOL S W 8TH COURT STREET CITY OF DELRAY BEACH, FL PLANNING ,t,. ZONING DEPARTMENT XXX S.W. 5TH AVENUE LOT 24, BLOCK 4, ROSEMONT PARK SUBDIVISION -- D/G/1A/ BASE 1~4P SYSTEM -- MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~. /~/.- REGULAR MEETING OF MAY 1, 2001 LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS DATE: APRIL 27, 2001 This is before the City Commission to consider the acceptance of the recommendations by the Lien Review Advisory Committee concerning the disposition of outstanding liens listed in the staff report. I recommend accepting the recommendations of the Lien Review Advisory Committee, concerning outstanding liens on various properties. Ref:Agmemol 1.LienReview.05-01-01 Date: April 23, 2001 Agenda Item No. ~' fi//. AGENDA REQUEST Agenda request to be placed on: X Regular __ Special When: May 1, 2001 Description of Agenda Item: Lien Review Advisory Committee __ Workshop __ Consent Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: City Attomey Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Altematives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda:/~/No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/I 7/96 Memorandum To: From: D~te: Re: David T. Harden, City Manager Lula Butler, Community improvement Director April 23, 2001 Lien Review Advisory Committee ITEM BEFORE THE COMMISSION: City Commission consideration to accept the recommendations of the Lien Review Advisory Committee concerning the disposition of outstanding liens on the files enumerated below. BACKGROUND: The fourth meebng of the Lien Rewew Advisory Committee, charged with the responsibility of reviewing and recommending courses of action on certain nuisance abatement, unsafe and code enforcement board cases, occurred on April 17, 2001. Fifteen customer files were rewewed with the following recommendations made: Files Recommended for No Further Action: · Customer 71 · Customer 105 · Customer 106 · Customer 108 · Customer 172 · Customers187 · Customer 307 · Customer 350 · Customer 374 · Customer 525 Arthur Algonis Edward Marshall J. D. Wester V. C. & A. P. Nocera Helena Smith Adelaine Jenkins Maureen Maas Dorothy Shepard Leon and Gad Jenkins Yolly Verzosa · Page 1 1. Files Recommended for No Further Action cont'd' · Customer 892 Ruby Harris · Customer 6260 Randall Walker · Customer 6631 Robert Burns 2. Files Recommended for Lien Write-offs: · Customer 361 Tillie Nelson Mrs. Nelson owns property at 1001 Northwest Third Terrace where she formedy resided. Mrs. Nelson began repairs to the house more than 10 years ago but ran Iow on funds, became ill, and lost her job. She had two children to raise and moved to a relabve's house at 219 Northwest Tenth Avenue. When Mrs. Nelson began to recover from her setbacks, she intended to repair 1001 Northwest Third Terrace so that she could move back in. Unfortunately, it was discovered that the structure had become termite infested and would require extensive repairs, which she could not afford. Mrs. Nelson is seeking financial assistance from Community Development Mrs. Nelson was interviewed by the Code Enforcement Administrator and appeared at the Committee meeting. She currently owes $1017 for five nuisance abatement charges, one in 1990, three in 1992, and one in 1994. Actual out of pocket costs are $268.70. Based on the hardships reported to the Committee, the Committee unanimously voted to recommend writing off the entire balance of $1,017.00. · Customer 142 Charlene Patrick Marilyn Harden appeared before the committee to explain that she and her husband were considering purchasing Ms. Patrick's vacant lots located in the 300 block of Northwest S~xth Avenue. The City currently has liens totaling $4126 for approximately 15 nuisance abatements dating as far back as 1983. Mrs. Harden indicated that if she and her husband purchased the lots, they would construct their homestead on the property. The Hardens felt that the seller would add the lien amounts to the purchase price increasing the price of the property and leaving them fewer resources for their building project. The committee voted to recommend that the City Commission reduce the outstanding liens to the out of pocket cost of approximately $1597 providing the Hardens actually purchase the property. RECOMMENDATION: Staff is recommending City Commission approval of the committee's recommendations. LB:mh · Page 2 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM g. 0' - REGULAR MEETING OF MAY 1, 2001 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER DATE: TREATMENT AND DISPOSAL BOARD ACTIONS APRIL 27, 2001 This is before the City Commission to ratify the actions taken by the South Central Regional Wastewater Treatment and Disposal Board on April 19, 2001. By a vote of 8 to 0, the SCRWTD Board approved the following: Authorization to expend $20,000.00 from Repair & Replacement fund on an emergency basis for replacement parts for centrifuge 1 and 2 during annual disassemble and inspection of centrifuges by Alfa Laval; · Authorization to expend $14,000.00 from Repair & Replacement Fund on an emergency basis to repair emergency generator; Authorization to expend $15,000 from the Repair & Replacement Fund on an emergency basis to replace 24" meter, sampler, two (2) submersible pumps, polymer booster pump and milltronic level transmitter and three (3) 8" isolation values for reuse system; · Authorization to expend $27,000.00 to purchase two (2) cerlic D.O. meters for the aerators and one (1) cerlic low level centrate meter; Authorization to extend Azurix North American's contract for sludge hauling for a period of one (1) year per the following schedule: $30.77 per 1,000 gallons for liquid and $9.76 per cubic yard for cake; · Approve Amendment #2 to the Industrial Waste and Pre-treatment Agreement. Recommend ratification of the actions approved by the SCRWTD Board on April 19, 2001. Ref:Agmemo 16 SCRWTD Board Action of 05-01-01 BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-mail: scrwwtp@ ix.netcom.com MEMORANDUM TO: FROM: DATE: Nilza Madden, City Clerk's Office, City OF Delray Beach Mary Ann Shumilla April 20, 2001 RE: RATIFICATIONS FOR SIGNATURE Attached are Ratifications from the Quarterly Annual Meeting of April 19, 2001 which require signatures. Would you place these on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratifications are executed. Thank you. RECEIVED CITY CLERK RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 19, 2001 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 19, 2001, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ~20,000. FROM REPAIR & REPLACEMENT FUND ON AN EMERGENCY BASIS FOR REPLACEMENT PARTS FOR CENTRIFUGE 1 AND 2 DURING ANNUAL DISASSEMBLE & INSPECTION OF CENTRIFUGES BY ALFA LA VAL. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor ~Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 19, 2001 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 19, 2001, by a vote of 8-0, approve AUTHORIZATION TO EXPEND $14,000. FROM REPAIR & REPLACEMENT FUND ON AN EMERGENCY BASIS TO REPAIR EMERGENCY GENERA TOR. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor .Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 19, 2001 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 19, 2001, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ~ 15,000. FROM REPAIR & REPIACEMEtVT FUNDS ON AN EMERGENCY BASIS TO REPLACE 24" METER, SAMPLER, (2j TWO SUBMERSIBLE PUMPS, POLYMER BOOSTER PUMP AND MILL TRONIC LEVEL TRANSMITTER AND THREE (3) 8" ISOLATION VALVES FOR REUSE SYSTEM. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Attest: Mayor City Clerk Approve es to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 19, 2001 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 19, 2001, by a vote of 8-0, approve ,4UTHORIZ,4 TION TO PURCH,4SE FOR $27,000 TWO (2) CERLIC D.O. METERS FOR THE AERATORS AND ONE (1) CERLIC LOW LEVEL CENTRA TE METER. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: . City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 19, 2001 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 19, 2001, by a vote of 8-0, approve AUTHORIZATION TO EXTEND AZURIX NORTH AMERICAN'S CONTRACT FOR SLUDGE HAULING FOR A PERIOD OF ONE (1) YEAR PER THE FOLL 0 WING SCHEDULE: $30.77 PER 1,000 GALS. FOR LIQUID AND ~9. 76 PER CUBIC YEARD FOR CAKE. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 19, 2001 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 19, 2001, by a vote of 8-0, approve AMENDMENT TO INDUSTRIAL WASTE AND PRE- TREATMENT AGREEMENT, WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor .Attest: City Clerk Approve as to form: City Attorney AMENDMI~NT TO INDUSTRIAL WASTE AND PRETREATMENT AGREEMENT THIS AMENDMENT TO INDUSTRIAL WASTE AND PRETREATMENT AGREEMENT lsmadethis 191:h dayof Apr±l ,2001 by and between lhe SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, hereinafter referred to as the 'POTW," the CITY OF BOYNTON BEACH, hereinaRer referred to as "BOYNTON BEACH" ~ndividually, and the city of DELRAY BEACH, hereinafter referred to individually ns "DELRAY BEACH" (BOYNTON BEACH and DELRAY BEACH collectively hereinafter referred to as the "cities"). WITNESSETH: WHEREAS, the parties hereto have heretofore entered into that certain Industrial Waste and Pretreatment Agreement dated March 24, 1995; and WHEREAS, pursuant to said Indastrial Waste and Pretreatment Agreement, BOYNTON BEACH and DELRAY BEACH have adopted respective Ordinances (the :Ordinances") providing for the implementation and administration of said Pretreatment Program: and WHEREAS, the limits contained within the said industrial Waste Agreement have been revised and preliminarily approved by DEPARTMENT OF ENVIRONMENTAL PROTECTION. NOW READS PARAMETER Arsenic Cadmium Chren~ium-Totol Copper NEW APPROVED LIMITS 0.9 mg/l 1.06 mg/l 0.5 mgfl 0.98 mg/1 0.5 mg/1 17.70 3 mg/l 16.39 mg/l NOW READS NEW APPROVED LIMITS PARAMETER Iron Lead 0.9 mg/1 1.80 mg/l Mercury 0.01 mg/1 0.77 mg/l Molybdenum 1.48 mg/1 Nickel 0.07 rog/1 0.95 mg/l Selt~i~nn O. 25 mg/l 1.72 rog/1 Silver 1 rog/1 2.96 mg/l Zinc 2 mg/l 0.95 mg/l Ammonia (surcharge) 50 rog/1 100 mg/l (surcharge) Cyanide I rog/1 5.61 mg/l CBOD (surcharge) 220 mg/1 500 mg/1 (surchaxge) COD (surcharge) 440 mg/l 1000 mg/l (surcharge) TSS (surcharge) 175 mg/l 500.00 rog/1 (surcharge) Oil and Grease 100 mg/l 250 rog/1 WHEREAS, this Amendment shah become effective upon ratification by majority vote of each City Council. IN WITNESS WHEREOF, lhe parties hereto have executed this Amendmmt to Industrial Waste and Pretreatment Agreement the day md year lust above written. Attest* Michael C. Ferguson 8OUTH CENTRAL REGIONAL'~gAST~ATER TREATM~NT AND DISPOSAL BO~- ~'~ Ronald R. Weiland ~ CITY OF BOYNTON BEAC~I City Clerk Mayor Gerald Broening Mayor CITY OF DELRAY BEACH Mayor David Schmidt MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGERff)~ AGENDA ITEM o~ -REGULARMEETING OF MAY 1,2001 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: APRIL 27, 2001 Attached is the Report of Appealable Land Use Items for the period April 16th through April 27, 2001. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. Ref:Apagmemo/Appealables/05-01-01 TO: THRU: ' CIT,(COMMi~$1ON:D0~UMENTATiON PAUL DOR~ECTOR OF PLANNING AND ZONING FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF MAY 1, 2001 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS APRIL 16, 2001 THRU APRIL 27, 2001 ACTION REQUESTED OF THE CO~MiSSION" ': ~' "~!'~ ,,,I The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of April 16, 2001 through April 27, 2001. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. PLANNING AND ZONING'BOARD: iMEETING' 'OF'~ APRIl;. No appealable items were considered by the Board. The following items will be forwarded to the City Commission for action. Recommended approval (7 to 0), of Comprehensive Plan Amendment 2001-01. n Recommended approval (7 to 0), of the annexation with initial zoning of GC (General Commercial) and associated Future Land Use Map amendment from County HR-8 (High Density Residential 8 du/ac) to City GC (General Commercial) City Commission Documentation Appealable Items Meeting of May 1, 2001 Page 2 for the Fanelli Property, located on the east side of Military Trail, north of West Atlantic Avenue (immediately east of the Boys Farmers Market). Recommended approval (7 to 0), of an amendment to the Land Development Regulations Section 6.1.10, regarding water regulations. Recommended approval (7 to 0), of an amendment to the Land Development Regulations Section 6.1.3(C)(2), regarding construction standards for sidewalks through driveways. r3 Recommended approval (7 to 0), of an amendment to the Land Development Regulations Sections 4.6.9(D) and 6.1.4(D), regarding paving of driveways and parking spaces, and providing an amortization period. Recommended approval of a combined preliminary/final plat for Coconut Key, a proposed 69 unit townhouse development, located south of West Atlantic Avenue, approximately 1,000 feet West of Military Trail. [] Recommended approval of revisions to the Community Redevelopment Agency's Plan. SITE PLAN REVIEW, AND:APPEARANCE BOARD.i~M~ING'OFAPRIE2$?200! ~' '1 A. Approved with conditions (5 to 2, Borchardt and Sneiderman dissenting), a blanket sign program for Aspen Towers, a new strip retail center located on the east side th of SE 6 Avenue (northbound Federal Highway), approximately two blocks north of Knowles Park (851 SE 6th Avenue). B. Approved (7 to 0), a request for a color change for Fidelity Federal, a proposed bank located at the southeast corner of SE 5th Avenue (southbound Federal Highway) and SE 1St Street. C. Approved (6 to 1, Eliopoulos dissenting), a request for a color change for Sloan Court, an existing multi-family development located on the west side of NE 7th Avenue, north of NE 4th Street (434 NE 7th Avenue). D. Approved (7 to 0), a request for a color change for 1165-1186 East Atlantic Avenue, an existing commercial building, located at the northwest corner of East Atlantic Avenue and Andrews Avenue. E. Denied (7 to 0), a request for a color change for 633 West Atlantic, an existing commercial building, located on the north side of West Atlantic Avenue, west of NW 6th Avenue. City Commission Documentation Appealable Items Meeting of May 1, 2001 Page 3 F. Approved (7 to 0), a request for a color change to the residential buildings within Lago Del Rey Condominium #5, located on the west side of Homewood Boulevard, north of Lowson Boulevard (2828 Casita Way, 2700 Casita Way and 2929 Zorro Way). Approved (4 to 3, Borchardt, Sneiderman and DeCapito dissenting), a Class I site plan modification to construct a private road barrier at Greenstone Drive and Barwick Road within the Highland Trailer Park, located on the west side of Barwick Road, approximately 160' feet north of West Atlantic Avenue. Approved (7 to 0), a Class I site plan modification to modify the elevations of a previously approved commercial building for 1155 East Atlantic Avenue, located on the north side of East Atlantic Avenue approximately 100 feet west of Andrews Avenue. Approved (7 to 0), a Class I site plan modification associated with an elevation change to install new awnings along the north and south elevations for O'Hara Sports Ale House, located on the south side of Linton Boulevard, between SW '~ 0th Avenue and Lavers Avenue (660 Linton Boulevard). Approved (7 to 0), a Class II site plan and landscape plan associated with the phased site improvements for Levenger, located on the west side Congress Avenue, approximately 2,300 feet south of West Atlantic Avenue (420 South Congress Avenue). The development proposal involves the removal of the temporary parking lot and construction of a permanent parking lot in Phase I and installation of seating nodes and benches and two gazebos in Phase II. Approved (7 to 0), a Class II site plan and architectural elevation plan associated with the installation of a 144 square foot walk-in cooler at Sopra Restaurant, located at the southeast corner of East Atlantic Avenue and SE 1st Avenue (110 East Atlantic Avenue). HiSTORiC PRESERV~ION~BO~'i~D~MEETING~F APRIE~i;i8; 2001 Approved with conditions (6 to 0, Bodker absent), a request for a Certificate of Appropriateness for the design elements for the proposed bandshell concession/restroom/sound and light building and loggia at Old School Square, located at the northeast corner of East Atlantic Avenue, and Swinton Avenue (51 North Swinton Avenue). Approved (6 to 0), a request for a Certificate of Appropriateness to permit the demolition of a portion of a single family residence and its replacement with an addition comprised of a bedroom, bath, utility room, loggia and carport at 520 NE 3rd Avenue. City Commission Documentation Appealable Items Meeting of May 1, 2001 Page 4 3. Approved with conditions (6 to 0), a Class II site plan modification associated with revisions to the parking and outdoor dining areas to accommodate additional parking spaces for Elizabeth's on ?th Restaurant {9 SE 7th Avenue). Concurrently, the Board approved a waiver reducing the requirement of the perimeter landscape strip along the east side of the property from 5' to 0'. The following non-appealable item was considered by the Board: Approved (6 to 0), a variance reducing the required side interior setback from seven feet six inches to seven feet three inches for the "Historic Bungalow" (former CRA Offices) located on the west side of North Swinton Avenue, north of West Atlantic Avenue (24 North Swinton Avenue). By motion, receive and file this report. Attachment: · Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- MAY 1, 2001 GULF STRF_,~ BLIP. L-.~ CAN4L LAKE IDA ROAJ A TLAHTIC N.W. ~ND ST S W 2ND ST i UNTON BOULEVARD UNTON L-3~ CANAL C.15 CANAL S.P.R.A.B: A. ASPEN TOWERS B. FIDELITY FEDERAL C. SLOAN COURT D. 1165-1t85 EAST ATLANTIC AVENUE E. 633 WEST ATLANTIC AVENUE F. IAGO DEL REY CONDOMINIUM # 5 G. HIGHLAND TRAILER PARK H. 1155 EAST A TLANTIC A VENUE S.P.R.A.B. ConY: I. O'HARA SPORTS ALE HOUSE J. LEVENGER COMPANY K. SOPRA RESTAURANT H.P.B.: 1. OLD SCHOOL SQUARE 2. 520 N.E. 3RD AVENUE 3. ELIZABETH'S ON 7TH RESTAURANT ......... crrY MId[TS ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2001 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~b( AGENDA ITEM t~(.~- REGULAR MEETING OF MAY 1, 2001 AWARD OF BIDS AND CONTRACTS DATE: APRIL 27, 2001 This is before the City Commission to approve the award of the following bids and contracts: 1. Contract awards through Community Development Block Grant (CDBG) Housing Rehabilitation Grants in the amount of $17,823.75 to South Florida Construction for rehab of a single family home at 409 SW 9tt~ Court, and in the amount of $17,808.00 to William Hatcher Construction for rehab of a single family home at 705 SE 2n~l Avenue, with funding in the total amount of $35,631.75 from 118-1963-554-49.19 (Housing Rehab CDBG) and contract awards through the State Housing Initiative Partnership (SHIP) program in the amount of $22,774.50 to William Hatcher Construction for rehab of a single family home at 818 SW 6th Avenue, and in the amount of $24,832.50 to Craftsman Plus, Inc. for rehab of a single family home at 813 SW 3ra Court, with funding in the total amount of $47,607.00 from 118-1924-554-49.19 (SHIP Rehab Program). 2. Contract renewal for the purchase of gasoline and diesel fuel to multiple vendors via the Palm Beach County Co-op Bid #99-166/PP at an estimated annual cost of $347,715.99. Funding from account 445-4715-572-52.11 (Golf Course/Fuel) and 501-3311-591-52.51 (Garage/Fuel). Recommend approval of the bid and contract awards listed above. RefiBid. Agmemo.05-01-01 AGENDA REQUEST Request to be placed on: ~ Regular Agenda ~ Special Agenda __ Workshop Agenda xxxx Consent Agenda Description of item (who, what, where, how much): Case# Address Contractor Date: April 11, 2001 When: May 1, 2001 ?QI Grant Amount 00-053 HR 99-048 HR 99-010 HR 98-027 HR 409 SW 9th Court 818 SW 6th Avenue 813 SW 3ra Court 705 SE 2nd Avenue South Florida Construction $17,823.75 Hatcher ConstructiOn~Plus, ~'' ~/'b~' 7,. t ~,~/· $22,774.50'"'?_ Craftsman Inc. $24,832.50/ Hatcher Construction $17,808.00/ ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of two (2) Community Development Block Grant_(CDBG) Housing Rehabilitation Grants and Contract Awards from Account 118- 1963-554-49.19 in the total amount of $35,631.75 and approval of two (2) State Housing Initiatives Partnership (SHIP) Housing Rehabilitation Grants and Contract Awards from Account 118-1924-554-49.19 in the amount of $47,607.00. Each grant amount includes a 5% contingency. Department Head Signature: ~ ~ City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding available: ~O q i$"~ Funding Altematives: ~i}- [%'5-$9'l-tlq, l°i -{&~ihsl4eal~) Account No. & Description: ~~'~ h~(~) City M~ager Review: ~ ~ Approved for agenda:{~ep~O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved City of Delray Beach Community Development Division MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Director of Community Improvement j~ Kenneth L. Thomas, Community Development Administrator April 16, 2001 Community Development Division's Housing Rehabilitation Grant Award for four (4) Units ITEM BEFORE CITY COMMISSION Approval is requested for four (4) Housing Rehabilitation grant awards to the lowest responsive bidder(s). This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder, plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing 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 within 10% of the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goal of completing each rehabilitation activity utilizing the estimated amount of funding required. RECOMMENDATION Staff recommends awarding the bids for four (4) Housing Rehabilitation projects to the verified responsible low bidder(s) and authorizes awards in the following amounts: Case Number Address Contractor Grant Amount 00-053 HR 409 SW 9th Court South Florida Construction $17,823.75 99-048 HR 818 SW 6th Avenue Hatcher Construction $22,774.50 99-010 HR 813 SW 3r° Court Craftsman Plus, Inc. $24,832.50 98-027 HR 705 SE 2nd Avenue Hatcher Construction $17,808.00 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2001-27 HR APPLICANT: Daphne Haywood PROJECT ADDRESS: 409 SW 9tb Court DATE OF BID LETTERS: March 14, 2001 DATE OF BID OPENING: March 29, 2001 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. ABBA CONSTRUCTION, INC. HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: BID/CONTRACT AMOUNT: AMOUNT OF BIDS $ $ 21,945.00 $ $ $ 22,500.00 $ $ $ $. $ $ $ 16,975.00 $ $ 12,249.00 South Florida Construction $16~975 bid/contract amount (+ 5% Contingency = $17~823.75) FUNDING SOURCE: CDBG Rehabilitation Program COMMENTS: Account No. 118-1963-554-49.19 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2001-28 SH APPLICANT: Marie Harmon PROJECT ADDRESS: 705 SE 2"d Avenue DATE OF BID LETTERS: March 14~ 2001 DATE OF BID OPENING: March 29~ 2001 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. ABBA CONSTRUCTION, INC. HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: BID/CONTRACT AMOUNT: AMOUNT OF BIDS $ $ 16~960.00 $ $ $ 20~675.00 $ $ $ $ $ $, $ $ $ 13~250.00 William Hatcher Construction $16~960 bid/contract amount (+ 5% Contingency -- $17~808.00) FUNDING SOURCE: CDBG Rehabilitation Program Account No. 118-1963-554-49.19 COMMENTS: CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2001-28 SH APPLICANT: Manasseh Edwards PROJECT ADDRESS: 818 SW 6th Avenue DATE OF BID LETTERS: March 14~ 2001 DATE OF BID OPENING: March 29~ 2001 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. ABBA CONSTRUCTION, INC. HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: BID/CONTRACT AMOUNT: AMOUNT OF BIDS $ $ 21~690.00 $ $ $ 27~475.00 $ $ $ $ $. $ $ 25~895.00 $. $ 18~939.57 William Hatcher Construction $21~690 b/d/contract amount (+ 5% Contingency = $22~774.50) FUNDING SOURCE: SHIP Rehabilitation Program COMMENTS: Account No. 118-1924-554-49.19 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2001-28 SH APPLICANT: Newell & Estella Blue PROJECT ADDRESS: 813 SW 3rd Court DATE OF BID LETTERS: March 14, 2001 DATE OF BID OPENING: March 29, 2001 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO.,/NC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. ABBA CONSTRUCTION, INC. HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE AMOUNT OF BIDS $ 23,650.00 $ 18,360.64 CONTRACTOR AWARDED CONTRACT: Craftsman Plus, Inc. BID/CONTRACT AMOUNT: $23,650 bid/contract amount (+ 5% Contingency = $24,832.50) FUNDING SOURCE: SHIP Rehabilitation Program Account No. 118-1924-554-49.19 COMMENTS: AGENDA REQUEST Request to be placed on: May 01, 2001 Date: April 25, 2001 XX Consent Agenda Special Agenda __ Workshop Agenda Description of agenda item: Approve the contract renewal for the purchase of gasoline and diesel fuel to mulbple vendors via the Palm Beach County Co-op Bid #99-166/PP at an estimated annual cost of $347,715 99 for the City of Delray Beach. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Approve contract renewal for the purchase of gasoline and diesel fuel to multiple vendors via the Palm Beach County Co-op Bid #99-166/PP at an estimated annual cost of $347,715 99 Funding from account code 445-47~446-4714-572-52.11, and 501-3311-591-52.51. Department Head Signature: Determination of Consistency w~h/omprehensive 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 Number: Account Description: Account Balance: ~'-~J OS ~~ (./~r ~ ~5J~6~J~f appl,cable) City Manager Review: Approved for agenda:/~eF Hold Until. No Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph Sa~~ance Director April 24, 2001 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING MAY 01, 2001 - CONTRACT RENEWAL BID #99-161/PP - CO-OP BID - PALM BEACH COUNTY GASOLINE AND DIESEL FUEL Item Before Commission: The City Commission is requested to approve the contract renewal for the purchase of gasoline and diesel fuel via the Palm Beach County Co-op Bid #99-166/PP, at an estimated annual cost of $347,715.99. Background: This contract was awarded at the City of Delray Beach City Commission meeting of October 05, 1999. The term of the contract was for eighteen (18) months with the option to renew for an additional (18) eighteen months. Palm Beach County at their Agenda meeting of March 27, 2001, approved the (18) eighteen month renewal of this contract with the expiration date of October 31, 2002. The County awarded to a primary contractor and a secondary contractor for each item. The low bidders (primary and secondary contractors) for the city of Delray Beach requirements are as listed below and as listed on attached gasoline and diesel fuel breakdown for the City of Delray Beach. Note: The City of Delray Beach is in Area #1 location on the award letters. In addition, the primary contractor for regular unleaded awarded for the first (18) eighteen months of this contract did not agree to renew the contract for this extension therefore the previous secondary contractor is now our primary contractor for this line item only (Petroleum Traders). Item Description Primary_ Contractor Secondary Contractor Diesel #2 w/Biocide Tankwagon BV Oil Company Inc. Port Consolidated Regular Unleaded Transport Petroleum Traders Supreme Unleaded Diversified Oil BV Oil Company Inc. Tankwagon This contract allows for price fluctuation (escalation) based on prices established in the Oil Price Information Service (OPIS) for Miami. However, the vendor markup or discount (including delivery and all other costs) shall not change during the contract period. Recommendation: Staff recommends multiple awards as stated above at an estimated annual cost $347,715.99. Funding from accounts 445-4714-572-52.11, 446-4714-572-52.11 and 501-3311-591-52.51 (2001 - 2002 budget). Attachments: Delray Beach Estimated Annual Quantities Delray Beach Awards (Area #1 of Bid) OPIS Report - Miami Palm Beach County Award Letters to Vendors ESTIMATED QUANTITIES FOR THE CITY OF DELRAY BEACH DIESEL #2 (Tankwagon) REGULAR UNLEADED (Transport) SUPREME UNLEADED (Tankwagon) 81,839 gallons 239,135 gallons 15,000 gallons Breakdown: Based on current Miami OPIS (Oil Price Information System) for April 19, 2001 Vendor/ OPIS Estimated Description Bid Price Price Quantity Unit Price x Qty. = Total Dollar Amount Diesel #2 BV Oil (w/Biocide) Company Tankwagon + .0583 .9049 81,839 gals. .9632 (.0583 + .9049) x 81,839 gals. = $78,827.32 * Regular Petroleum Unleaded Traders Transport + .0099 1.0425 239,135 gals. 1.0524 (.0099 + 1.0425) x 239,135 gals. = $251,665.67 * Supreme Diversified Unleaded Oil Co. + .0560 1.0922 15,000 gals. 1.1482 (.0560 + 1.0922) x 15,000 gals = $17,223.00 * Total estimated annual dollar amount for City of Delrav Beach $347,715.99' 04/23/01 00:59 To:Jackse Roonev From:Marva Brown Palm Beach Countv Page 1/2 FACSIMILE COVER PAGE Date: Time: Pages: To: Company: Fax #' F rom: Title: Company' Address Fax #: Voice #: 4/23/01 9:55:14 2 Jackie Rooney City of Delray Beach 1,561-243-7166 Matra Brown Buyer Assistant Palm Beach County Purchasing Department 50 South Military Trail, Suite 110 West Palm Beach, FL 33415-3199 USA E-mail: mbrown@co.palm-beach.fl.us 561-242-6715 561-616-6815 f~r I'c e _S 04/2~/01 09:59 To:Jackie Roonev From:Marva Brown Palm Beach Countv Page 2/2 DIESEL UNLEADED GASOLINE ~ Low ~2 High Regular Super Premium Report Date 87 Oct. 89 Oct. 93 Oct. · 8486 .8393 -0- -0- -0- April 5, 5001 .9633 1.0145 1.0878 .9195 .9161 -0- -0- -0- April 15, 5001 1.0658 1.1155 1.1859 .9049 .8975 -0- -0- -0- April 19, 5001 1.0455 1.09~5 1.1640 03/ZB/01 1~:57 To:Jackze Roonev From:Marva Brown Palm Beach Countv Page 2/10 Palm Beach County Board of Cout~cy Warren H Newel], Chairman Carol A Roberts. Vice Chair ~efl T Marcus Mary McCarty Burr Aaro~so~ Tony M~flotu Adflm L Greene Count']/ Administrator Robert Wetsman March 27, 2001 BVOI0001 BV Oil Company Inc. 7950 N-~ 58th Street ~imai, Florida 33166 Attn; Mr. JO~ Wright Dear Mr. Wright RE: TERM CONTRACT ~: . ~9161A This is go inform you that Palm Beach County Board of County Commissioners is enterin~ into a Term Contract with your company for GASOLINE AND DIESEL FUEL, C0~0~__gONTRACT based on one of the following~ [XXX] RENEWAL OF FOPO4kL BID/RFQ # 99161/PP FOR BZD ZT_F~_~ LISTED ON FOLLOWYN~ PAGE ONLY~ The term of this contract is 4/01/2001 through_10/31/200~... The estimated dollar value is $.....8,9~0,000.Q0 TOT~L FOR ALL VENDORS Tho obligations of Palm Beach County under this contract are subject ~o the availability of funds lawfully appropriated for its purpos~ by the State of Florida and tha Board of County Cotnm~sszoners. Palm B~ach County Departments will issue hard copy orders against this contract as your authorization to deliver. Ail invoices must reference ~ach unique dooument number If you have any questions, please contact (561) 616-6817 Sincerely, File L. Anstee, Fleet Mgmt D. Leaf, Palm Tran C. Ailstock, U[ilitses PETER PAT;~STE at ~ primal on recyc/ed paper L 03f2B/O1 1B:57 To:Jackse Roonev From:Narva Brown Palm Beach £ountv Page 3/10 purchasing Depa~ment 50 5outh Mthtary Trail. Suite 110 Yve~t Palm Bcach. FL 33415-3199 (561) F~ (561) 616-6~11 w~v pbcg0v comlpur Palm Beach Couilt'~ Boar~ of County CommiSsioners Warren H NewelL Chairman Carol A Robe~, V~ce Chair ~ren T M~cus Mary McCa~ Bu~ Aa~nson Addle L Greene Count%, Administrator Robert lNei$ man ~}tffierna n've Act~o~ Area I Item 1 " " Item 2 " " Item 3 " " Item 4 " " Item 5 Area 2 Item 6 " " ICes 7 " " Item 8 " " Item 9 " " Item I0 Area 3 item 11 ~ " Item 12 '~ " item 13 " ~ Item 14 " " Item 15 Area 5 Item 25 BID ITEMS AWARDED TO: BV OIL COMPANY DESCRIPTION TANKWAGON TANKWAGON TANKWAGON TA~KWAGON Diesel w/Biocide Diesel w/o Biocide Supreme Unleaded Regular Unleaded Unleaded Plus Dlesel w/Biocide Diesel w/o Biocide Supreme Unleaded Regular Unleaded Unleaded Plus Diesel w/Biocide Diesel w/o Biocide Supreme Unleaded Regular Unleaded unleaded Plus ~l!eaded plus PRIMARY OR SECONDARy Primary ~' Primary Secondary~-- Secondary Secondary Primary Primary Secondary Primary Primary Primary Primary Secondaz%; Secondary Secondary Primary ~) p.'fnted o~ n~yoled paper 03/~B/01 1B:57 To:Jackle RooneV From:Marva Brown Pall, Beach Countv Page 7/10 l~urchasing Dep~t~nen~ 50 South Mditary Trail. Suite 110 West Palm Beach, FL ~3415-~19g (561) 616-6800 F.~X' (561) 616-6811 www pbcgov,comlpur Palm Beach Co~l,' Board of ComntT COmmissioners Warren H Newel{, Chairman Carol A ~oberts, vice Chair ~reD T Marcus Mary McCarty Bun A~onSOn ~y Mail[O~l Addle L Greene ~ount:y Administrator Robert We~sman 27, 2001 FOrl~ L PETR0013 Petxole~m Traders Inc. 7110 Pointe Inverness Way Fort Wayne, Indiana 46804 Attn: Mr, Michael Himes Dear Mr. Himes; RE: TERM CONTRACT #: ... ~9161A This is to inform you that Palm Beach County Board of County Co~ssio~ers is enterin~ into a Term Contract with your company for GASOLINE AND DIESEL FUEL, CO-OP CONTRACT based on one of the following: [ ] FOP~4AL BID $. [XXX] RENEWAL OF FORMAL BiD/RFQ # [ ] EXTENSION OF FORMAL BID/RFQ $ [ ] STATE OF FLORIDA CONTRACT [ ] OTHER: The t~rm of this co~ltrac5 is 4/01/2001 through 10/3.1/~_0_92 . The estimated dollar value is $ 8,950,000.00 TOTAL FOR ALL VENDORS The obligations of Palm Beach County under this contract are, subject to the availability of fund~ lawful!y appropriated for its Durpose by the State of Florida and the Board of County Commissioners. Palm Beach County Departments will issue hard copy orders against %his conSract as your authorization to deliver, All invoices reference each unique document number. If you kava any questions, please contact PETER PATAN~ at (561} 616-6817 File L. Anstee, Fleet Mgmt D. Leaf, Palm Tran R. Raymond, Parks C. Ailstock, Utilities 03/2B/B1 1~:57 To:Jackie Roonev From:Marva Brown Palm Beach Countv Page 8/10 l~ur~hasl~ Department 50 South Military Tratl, State 110 ~Vest Palm Beach, ~ 35415-3199 (561) 616-6800 ~: {561 ) 616~6B 11 www pb~gov com?pur l~alm Beach County Boaed of County Commissioners Warren H, Newetl. Chmrman Carol A, Roberts. Ymc Chart l'~%ren T Marcus Mary McCarty Butt Aar0n$on Tony Masflott~ Addle L O~ene County Adml~lstt"ator Rober~ Weisroan Aff~rrn~n've ~ rHon h'?nptaytr ' BID AREA/ITEM Area 1 Item 1 '~ " Item 2 " " Item 3 " " Item 4 " ' Item 5 Area 2 Item 6 ~ " Item 8 " " Item 9 ~ ' Item 10 Area 2 Item 11 .... Item 12 .... Item 13 " " Item l~ ,~ - Item 15 Area 4 Item 16 ~ " Item 17 .... item 19 ~ " I~em 20 Area 5 Item 21 ~ " Item 22 ~' " Item 23 .... Item 24 " " Item 25 BID ITEMS AWARDED TO: PETROLEUM TRADERS INC. DESCRIPTION TRANSPORT Diesel w/Biocide Diesel w/o Biocide Supreme Unleaded Regular unleaded Unleaded Plus TRANSPORT Diesel w/Biocide Supreme Unleaded Regular Unleaded Unleaded plus TRANSPORT Diesel w/Biocide Diesel w/o Bioeide Supreme Unleaded Regular Unleaded Unleaded Plus TPJkNSPORT D~esel w/Biocide Diesel w/o Bioclde Supreme tTnleaded Regular Unleaded Unleaded plus TRANSPORT Dsesel w/Bioczde Diesel w/o Biocide Supreme Unleaded Regular U~leaded Unl~aded Plus PRIMARY OR S~¢ONDAR~¥ secondary Primary Primary Primary~ Primary Secondary Primary Primary Primary Secondary Primary Primary Primary Primary Secondary Primary primary Primary Primary secondary Primary Primary Primary primary ~ pdnt~d on recy=ted pap~r 03/Z8/81 18:59 To:Jackze RooneV From:Matra Brown Palm Beach County Page 4/10 purchasing D,,parrm~n~ SO South Mlhta~y ~rall, Suite 110 West Palm Beach, FL ~3415-3199 (561) 616-6800 FAX' (561) www pbcl~ov cow/p~r ~ Beach County Doal'd of County Commissioners warren H Newell, Chmrman CarOl A ~0bert~, V~c~ Chair ~ren T M~cus M~F McC~rty Burr Aaronson Addle L ~reen~ Robert W~Jsman March 27, 2001 Form L DIVE0023 Diversified Oil Company 999 Elle~ Drive Fort Lauderdale, Florida 33316 Attn: Mr. Ala~ Goldberg Dear Mr. Goldberg; RE: TERM CONTPJkCT #~ 99161A This is to ~nform you that Palm Beach County Boar~ of County Commissioners is entering lngo a Term Contract with your company for ~ASOLIAIE ~D DIESEL FUEL, CO-OP CONTRACT based on one of the following: [XXX] RENEWAL OF FORbIkL BID/RFQ ~ 9~161/PP Fo~ Bid ~tems Listed ~elow ONLY: Area 1 Item 3 TAHKWAGON Area't Item 4 .... Area 1 Item 5 " " Area 2 Item 9 " " Area 5 Item 21 ~ " Supreme Unleaded Regula~ Unleaded Unleaded Plus Regular Unleaded Diesel w/Biocide Primary~---- Primary ' Primary SecoDdary Secondary The term of this contract is 4/01/200!.' through 10/31/2002 The estimated dollar value is $ 8,950,000.00 TOTAL .FOR .AL.~..V~NDORS The obligations of Palm Beach Coun~ under this contract are subject to the availability of funds lawfully appropriated for its purpose by ~he State of Florida and the Board of Commissioners_ Palm Beach County Departments will issue hard copy orders against ~his con~ract as your authorization to deliver. All invoices must reference each unique document number. If you have any questions, please contact ~561) 616-6817 Sincerely, File L. Anstee, Fleet Mgmt D. Leaf, Pal~ Tra~ R. Raymond, Parks C, Ailstock, Utilities PETER PATANE at 03/2~/01 10~57 To:Jackie Roonev From:Marva Brown Palm Beach Countv Page 9/10 50 South Mlhtary Trail, Suite 110 West Palm Beach, FL 33415.3199 (561) 616-6800 FAX (561) 616-6811 www. pbcgov co m/put Palm Beach County i~al'd ol County Commissioners Warren H NcweJl. Chairman Carol A Ro~erm, Vice Chair ~ren T Marcus M~y McCar[y ~ur~ h~ronson To~y Masilotti Addle L Greene County Agmil~i~trator Robert weisman 'dh £qual Opporrumty March 27, 2001 Form L PORT0021 A Port Consolidated Inc. 11550 NW 3~th Street Miami, Florida 33167 Attn: Mr. Harvey Jacobson Dear M~. Jaaobson; RE; TERM CONTRACT ~: 99~61A This is to inform you that Palm Beach County Board of County Commissioners is enterin9 into a Term Contract with your company for GASOLINE ~kND DIESEL FUEL,,.~©-0P CO~ACT____based on cna of the followinp: [ ] FORMAL BID $ [XXX] RENEWAL OF FORMAL BID/RFQ # .... 95.16!/99 FOR BID ~TIEMS D~$T~D ON FOLLOWING ~AG~ ONLY! [ ] EXTENSION OF FORmaL BID/RFQ # [ ] STATE OF FLORIDA CONTRACT [ ] OTHER: The term of this contract ~s 4/01/200~ throuph 10/31/2002 The estimated dollar value is $ 8,950,000 00 TOT._A~_ _FQR.ALL._.VE. NDO~S The oblipations of Palm Beach Count~under this contrac~ are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Board of County Commissioners. Palm Beach County Departments will issue hard copy orders apainst this Contract as your authorization to deliver. Ail invoices must reference each unique document numb, er. If you have any questions, please contact S incerely~~ D~ctor ,/~ c: ~ile L. Anstee, Fleet Mgmt D. Leaf, Palm Tran R. Raymond, Parks C. Ailstock, PETER PATANE at B3/2~/01 10~57 To:Jackle Roonev From:Marva Brown Palm Beach Countv Page 10/1D Purchsslng Department 50 So~h M~l~tary Trail, Suite West Palm Beach, FL ~3415-~ t99 (561) 616-6800 ~' (~61) 616-6811 www pbcgov corn/put Palm Beach County Board of County C0rt~[ssionczs W~rren H, Newell. Chain~a~n Carol A ~ober~s. vice ~hmr ~re~ T Marcus Mary McCar~y Bgrx Aaronson Addle L O~ene County /tdmlntstrator Robert 'Wcisman BID iTEMS AWARDED TO: PORT CONSOLIDATED INC. (FORMERLY CONSOLIDATED OIL COMPANY) (FORMERLY PORT PETROLEUM INC.) BZD A~,,EA/ITEM Area 1 Item " Item " Item TRAlqSPORT TANKWAGON DESCRIPTION Diesel w/Biocide D~esel w/Biocide Diesel w/o Biocide Area 2 Item 6 " " Item 6 " Item 7 TRAi~SPORT TANKWAGON TRANSPORT Diesel w/Biocide Diesel w/Biocxde Diesel w/o Biocide Area 2 Item Il " " Item 12 TRANSPORT TANKWAGON TRANSPORT Diesel w/Biocide Diesel w/Biocide Diesel w/o Bioclde Area 4 Item 16 .... Item 16 "~ " Item 16 " " I~em 17 ~ " Ite~ 17 ~ " Item 1~ ~ " Item 19 .... I~em 20 Area 5 ICem 21 ~ " Item 21 ~ " Item 22 ~ " Ite~ 22 ~' " Item 23 ~' " Item 24 TRANS PORT TA/~KWAGON T~KWAGON TRANSPORT TANKWAGON TR3~NSPORT TAI~KWAGON TP~kNSPORT TANKWAGON TAHKWAGON Dlesel w/Biocide Diesel w/Biocide Diesel w/Biocide Diesel w/o Biocide Diesel w/o Biocide Supreme Unleaded Regular Unleaded Unleaded Plus Diesel w/Bxocide Diesel w/Biocide Diesel w/o Biocide Diesel w/o Biocide Supreme Unleaded Regular Unleaded PRIMARY OR ~CONDARY Primary Secondary~ ~ Secondary Primary Secondary Primary Primary Secondary Secondary Primary Primary Secondary Secondary Secondary Secondary Secondary Secondary Primary Przmary Secondary Primary Primary Primary ~ l~inted m'~ ~cyaIm:t paper CI~Ty COMM:I~$:toiN~ :'D~OCUM, E:N TA~¥~i~bN TO: THRU: FROM: SUBJECT: PAUL DORLING, DIRECTOR OF PLANN JEFFREY A. COSTELLO, PRINCIPAL PLANNE~~-~-~z'c~~ MEETING OF MAY 1, 2001 CONSIDERATION OF A WAIVER TO THE ALLEY IMPROVEMENT OBLIGATION (LDR SECTION 6.1.2(A}¢2}(a)) ASSOCIATED WITH REQUEST TO CONSTRUCT A GARAGE AT 333 NW 3"~ AVENUE. A i~ B A C K G R O U ND"I W A I¥:E R A;N A L Y $'1 :$"" " IJ The subject property is located on the east side of NW 3rd Avenue, approximately 300' south of Lake Ida Road. The site contains an existing house, which has primary access from NW 3rd Avenue. The proposal is to construct a two-car garage with access provided from the unimproved alley. Pursuant to LDR Section 6.1.2(A)(2)(a), when access to a project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street or alley to the project. The nearest paved street is Lake Ida Road, approximately 300' north of the property. As the garage will be accessed from the alley, the alley must be constructed from Lake Ida Road to the property. The cost for improving the 300' section of alley will be approximately $30,000. The applicant has requested a waiver to this requirement as it will be cost prohibitive to construct the alley and the garage (see attached request letter). Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) (b) (c) (d) Shall not adversely affect the neighboring area; Shall not significantly diminish the provision of public facilities; Shall not create an unsafe situation; or, Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The required improvement is associated with the construction of an accessory garage. While the alley is unimproved, the right-of-way has been extensively used over the years by the property owner and the surrounding residents for secondary access to their rear yards. With the Citywide alley abandonment project, this alley was indicated as an alley to be retained, not abandoned. At this time, there is no improvement program for this alley or other unimproved alleys throughout the City that will not be abandoned. Given the above, a waiver of the improvement obligation is not supported as the waiver would affect the provision of public facilities, and could result in the grant of a special privilege. Another approach is to have the City Commission Documentation Meeting of May 1, 2001 333 NW 3r~ Avenue - Waiver of Alley Improvement Obligations Page 2 property owner provide a portion of the cost of the improvement ($5,000 for full alley section adjacent to subject property), and not require construction of the alley at this time. However, in this particular situation, it seems more appropriate to defer the improvement obligation. Potential funding sources for the alleys will be reviewed in more detail with the completion of the Citywide alley abandonment project. This may or may not require the property owner to provide his pro rata share for construction of the alley. It is noted that while the deferral can be supported in certain situations when associated with secondary access, it is should not be supported for rights-of-way that are used as primary access to property. By motion, approve a deferral of the alley improvement obligation for 333 NW 3rd Avenue. Attachments: Location Map & Request Letter :LDORADO LANE LAKE TERR NW 6TH ST N E 6TH ST SUNSHINE DRIVE KINGS LYNN WOOD LANE RO BEVERLY DR LAKE BOY SCOUT HUT CARE CENTER ST [ I 5RD ROAD ST LUTHER 7 Z KING JR TRINITY LUTHERAN CA SON METHODIST CHURCH NE CITY ATTORNEY BUILDING DRIVE CITY HALL N E 4TH ST N E 3RD ST N E 2ND ST CITY OF DELRA¥ BEACH, FL PLANNING & ZONING DEPARTMENT 333 N.W. 3RD AVENUE WAIVER OF ALLEY IMPROVEMENT OBLIGATION -- DIGIT,4L 8ASR MAP SYSTEM -- James Clinton 333 NW 3~d Avenue Delray Beach, FL 33444 April 4, 2001 Paul Dorling, AICP Director of Planning & Zoning City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Re: Waiver to Alley Improvement Obligation - Block 41, Town of Delray Dear Mr. Dorling, My proposal is to construct a two-car garage at 333 NW 3rd Avenue with access provided from the unimproved alley. Based upon LDR Section 6.1.2(A)(2)(a), in order to construct the garage I will be responsible for improving the alley from either Lake Ida Road or NW 3rd Street to the end of my property. While the alley is unimproved, it has been used extensively over the years by myself and the adjacent property owners for access to our rear yards. As my property is approximately mid-block it would be cost prohibitive for me to construct my garage if required to improve the alley. Therefore, I respectfully request that this requirement be waived. Sincerely, ~/James Clinton ~mm m'm'm N;W. N OTY OF O£LRAY BIrAC?,-I. FL Fq.,~d',JNING ~ ZONING OEPA.m~TMENT BLOCK 41 TOWN OF DELRAY ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: David T. Harden, City Manager ~ Robert A. Barcinski, Assistant City Manager AGENDA ITEM - CITY COMMISSION MEETING MAY 1, 2001 SPECIAL EVENT REOUEST - HAITIAN FLAG DAY DATE: April 23, 2001 Action City Commission is requested to endorse the Haitian Flag Day Celebration sponsored by Our Lady of Perpetual Help Catholic Church's Youth Group on May 20, 2001. Commission is requested to grant a temporary use permit per LDR's section 2.4.6(H) for use of Merritt Park, to authorize use and set up of City stage, authorize staff support for security, trash removal and to consider waiving overtime costs. Baek~round The Youth Group of Our Lady of Perpetual Help Catholic Church is planning a celebration for Haiti's Flag Day on May 20tu. A program will be held at the church followed by a procession to the park along SW 4tu Street. Presentations, poems, entertainment and food booths will be staged in the park. The park would be used from approximately 4:30 p.m. until 8:00 p.m. The estimated overtime cost for the event is $700. Last years costs were approximately $500. The stage can be set up and removed on regular time. Recommendation Staff recommends approval of the event, the temporary use permit, providing staff assistance for security, stage set up and removal, and trash removal, and consideration of waiving overtime costs. Approval would be contingent on the sponsor providing the required liability insurance and hold harmless agreement. RAB/tas File.u:sweeney/asmemos Doc'Memo to DTH re Hmtlan Flag Day May 21, 2001 Once a year, Our Lady of Perpetual Help Catholic Church's Youth Group in Delray Beach, celebrates Haiti's Flag Day through a series of marching exercises and theatrical shows. This year, many other churches and organizations have joined hands with us to participate in this memorable event. The purpose of the celebration is to remember and honor those who have sacrificed their lives for our freedom and reinforce our Haitian pride. We urge you to support our cause by making a contribution. Your contribution and support will help us in the work that we are trying to accomplish in a society in which our dream is become valuable members. Remember, a proud nation of unity and purpose, can produce proud and united children. We are, above all, the leaders of tomorrow. So, please support us in our quest to make a difference in our community, and most important, our lives. Men'itt Park S.W. 4th Street Delray Beach, F1 33444 HAITIAN YOUTH OF OUR LADY' OF PERPETUAL HELP CHURCH IN ORDER OF CELEBRATIN61 OUR FLA(i DAYWHICH It/ILL BE ON MAY' 9.0~", 9.001 THE NEF..DS FOR THE FOLLOWIN(i ITEMS ARE REQUIRED: THE STA61E AND ELECTRICITY'. WILL HAVE TWO BOOTHS CONSISTIN(i OF THE FOLLOWIN6i FOOD ITEMS: WATER SODA HOT DOll & HAITIAN 61RIOT AFTERNOON AND WILL INCLUDE: A PARADE FROM OUR LADY' OF PERPETUAL HELP CHURCH LOCATED ON 510 S.W. 8" AVENUE, TO S.W. 4TM STREET (MERRITT PARK). AT THE PARE WE WILL HAVE A VARIETIES OF SHOWS FROM THE HAITIAN CULTURE. OUR PRO6.RAId SHOULD COME TO CONCLUSION AROUND 7:30 P.M. FOLLOWIN6[ THAT OUR CLEAN-UP CREWWILL START WOEEIN6[ ON GLEANINfl UP THE PARK. FOR MORE INFORMATION PLEASE CONTACT THE FOLLOWINfiS: WII.,NER ATHOURISTE (313-373(9 CLAIRE MARSEILLE (276-4880) To: The City of Delray Beach City Commission 100 N.W. 1~t Street De[ray Beach, Florida 33444 From: Wilner Athouriste 5974 Lincoln Circle West Lake Worth, Florida 33463 (561) 641-2040 Date: April 10, 2001 Dear Commission Members; For the past five years I have worked as a volunteer for the police department's Haitian Roving Patrol. I also work with the Haitian Community Youth Group at Our Lady of Perpetual Help Catholic Church. You may remember that last year at this time the Haitian Community in Delray Beach celebrated Haitian Flag Day, which is comparable to the fourth of July in America. Last year you helped the Haitian Community make this event a huge success by your generosity. With your help again this year we look forward to making this event even better. The Haitian Community will celebrate Haitian Flag Day on Sunday May 20, 2001. Would you please consider helping us by supplying the following items and waiving any fees associated with receiving these items. The use of Merritt Park on Sunday May 20, 2001 from the hours of 2:00 p.m. to 8:30 p.m. The use of the city's large stage (placed where it was last year) · The cardboard garbage containers with the plastic bag inserts · Access to the electricity in the building housing the rest rooms · Access to the rest rooms · The issuing of a parade permit if needed (parade of children from Our Lady of Perpetual Help at 501 S.W. 8th Avenue to Merritt Park to start at 4:30 p.m.) · 6 uniformed police officers from 4:30p.m. to 8:30p.m As with last year's celebration we will purchase a one million dollar insurance rider with the city of Dekay Beach listed as the beneficiary for liability purposes and deliver a copy of it to the appropriate officials before the event. We expect approximately 5,000 people to attend this year. I would like to extend a warm welcome to each and every one of you and your families to attend this celebration and to take the stage and say hello to the Haitian Community so that we may get to know each other better. I am looking forward to heating from you in the near future and pray that you can help us with this worthy cause. Sincerely, For More Information Contact: Wilner Athouriste (561) 641-2040 Claire Marseille (561) 276-4880 ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: David T. Harden, City Manager ~Robert A. Barcinski, Assistant City Manager AGENDA ITEM - CITY COMMISSION MEETING MAY 1, 2001 SPECIAL EVENT REQUEST - DOWNTOWN DELRAY SPRING ART FESTIVAL DATE: April 23, 2001 Action City Commission is requested to endorse the 3rd Annual Downtown Spring Art Festival sponsored by Howard Alan Events, Ltd. to be held May 26-27, 2001, to grant a temporary use permit per LDR's section 2.4.6(H) for use of city right-of-way on Atlantic Avenue from the east side of Venetian to the west side of Andrews and Salina and use of city parking lots west of the intracoastal for vendor parking, to authorize staff to apply for the FDOT street closure permit and to authorize staff support for security and traffic control. Back~round Howard Alan Events, LTD. will be sponsoring the 3rd Annual Downtown Spring Art Festival. This year again, a portion of the proceeds will be given to the Joint Venture. Mr. Alan is requesting closure of Atlantic Avenue, from east of Venetian to the west side of Andrews tapered south to the west side of Salina. He is also requesting use of Veterans Park for vendor parking. Mr. Alan has indicated that he would rent and install barricades with volunteers. He is also requesting police assistance for security and traffic control. The estimated overtime cost for City services $2200. Last years overtime costs were $2,950. Mr. Alan will pay for these costs as well as provide for trash removal, clean up, porta lets, and barricade rental. Signage per LDR's section 4.6.7(D)(3)0)(I) can be installed one week prior to the event and must be under 20 square feet. He is requesting use of City parking lots west of the intracoastal waterway. We recommend this use exclude Veterans Park. Recommendation Staff recommends endorsement of the event, granting of the temporary use permit for the street closure and parking lot use as recommended by staff, providing staff assistance for security and traffic control, and allowing the event sign to be installed with all overtime costs to be paid by the sponsor. Attached is a copy of the Hold harmless agreement and insurance certificate. RAB/tas Cc: Marjorie Fetter Filc:u:swccncy/asmcmos Doc Memo to DTH re Spring Art Festival 2001 gent ~y: HOWARD ALAN EVENTS; 9544723891; Apr-16-01 16:46; Page 1/1 April 16, 2001 Mr. Robert Barcmsk~ Assistant City Manager City of Delray 100 NW 1 ,t Avenue Delray Beach, FL 33444 Dear Mr. Barcinski: We are planning for the 4m Annual Delray Craft Festival to be held on May 26t" & 27~ 2001, on Atlantic Avenue, on the east side of the Intracoastal Waterway Bridge, from the east side of Venetian and the barricades will taper to the west side of Andrews up to the west side of Salena Satena and Andrews will be left open. Please be advised that the following logistics for the 4m Annual Delray Craft Festival w~ll be arranged. Street Closure: Bob's Barricades wdl drop off barricades on Friday, May 25, 2001, and our employees will set them up eady Saturday morning. Police: The Delray Police Department will arrange for Police and Secudty from 10:00 am - 5:00 pm on Saturday and Sunday, and overnight Saturday from 6'00 pm - 6:00 am Port-O-Let~ and Dumpster: 3 regular and 1 handicap portolets have been ordered through Anderson Rentals and will be dropped off on Fdday, May 25, 2001 and will be picked up on Monday, May 28, 200~t, with servicing on Sunday, May 27, 2001 A 20-yard rolloff dumpster ,s ordered from BFI and will be dropped off on Friday and picked up on Monday as well. Trash Receptacles: 20 trash receptacles will be supplied and maintained by our professional clean-up crew, Profest (Mitch). They wdl handle clean up of the trash throughout the area each day Vendor Parking: RV's and Large Rig vehicles will park in the municipal parking lots just west of the Intracoastal Waterway. Cars and vans will park at Bank of America during the day only Insurance: City required certificates will be ~ssued. If you have any questions, please feel free to call me at (954) 472-3755 Sin~rely,~ //l~°ward Alan, President - HowardAlah~k~ertt~s,L~lo~-4nr~ r~i.¥t). · pI,'~NTATION, FL(JR|DA :~'~4 {954J 472-3755 ' FAX (954) 472 5891 www.artlcstival t' o lit Sent By: HOWARD ALAN EVENTS; 3Z33) 9544723891 ~,// Apn-20-01 15:31 Page 2t2 NOS 04/17/2001 14:46 5612780555 MOVIARD ALAN EVENTS; DB CHAMBER COMMERCE g5447238~1| Apr.17-01 ~5:24; .~J~, 200j by ~ --.m. ~31TT OF DE. LIL&Y ,]~kC~. ]gLOIU~A., PAGE 02 84/17/2881 14:46 5612788555 NOWARD ALAN EVENTSJ DB CHAMBER COMMERCE ~44728891j Apr-17-01 PAGE 83 2 84/17/2881 14:46 5612788555 Gert' HOWARD ALAN EVENTS; DB CHAMBER COMMERCE a544723Bgl; A;r.17-0t ~5:25| A~T: CITY Olt DELRAY BRACH, · Ftorid~ nmir, lp-~ ¢o~poxattos By:, ~ ~ ~or Al~.'~ved as tO PAGE Page 4/6 84 04/17/2001 3330 We:l,'ne, ~n 46802 PAGE Pnge P. fll/~! F-¢ll OOMPANIEB APPOIqDiNO COVERAGE 3~t$344403 3/06/01 3/05/02 eB T? 3796344&03 3/05/01 3/06/02 imm Lmm~, $'L*RAZGHT BX~ XLD3804316S00 3/05/01 3/05/02 ~BRT HOLDKI LXST~D ZS ~ti~&II, DZ?ZONAL xNSURID, #Z?H Ri~P~CT ~0 LZABZLZTY BJBACH, 1~ 33444 ilium 84 /2001 14:46 5612780555 DB CHAMBER COMMERCE Sen HO~/ARD ALAN EVENTS; g5447238g1; Apr.17-01 15:251 PAGE 85 fage 5/6 ~A .RAY ua61 cex, t~eaflon o~ proof of insurance, detaili~ ~ alxd j~ovisiom of ~vemi[e, ha., bern t~v~d Md a~r~ by tt~ City of DN,'~y Beach ~k M~. ffyou ~,~ aay que~om ~ (56t) 243-'/150. Worker's Coxzq~x ln~lt~m~ a~ requited by law, eov~n~ and ~$ ~mfi~ ~ s~ ~ ~ C~ ~. R~ CiTY coMMissi~N~DOCUMENTATIO~~'~''~ ,:,:, ~ ~' ,~,,, TO: THRU: FROM: D~T. HA~ITY MANAGER z SCOTT~ PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF MAY 1, 2001 APPROVAL TO MODIFY THE PARKING LICENSE AGREEMENT WITH KYOTO SUSHI SAKE LOUNGE, INCREASING THE APPROVED QUEUE BY ONE SPACE TO ACCOMMODATE THE CREATION OF A SEPARATE PICK-UP AREA , ~, BACKGROU N D..~'~/,!,~, The item before the Commission is to consider a proposal to modify the Parking License Agreement with Kyoto Sushi Sake Lounge increasing their queue from four spaces to five spaces to accommodate the creation of a separate pick-up area located on the west side of NE 2"d Avenue (Pineapple Grove Way), just north of Atlantic Avenue. Kyoto Sushi & Sake Lounge has had a four space queue on the east side of NE 2nd Avenue, just North of Atlantic Avenue, since March 2000. Pineapple Grove VVay has been reconfigured to recessed parking bays similar to those on Atlantic Avenue. The east side of the street now has a section of three parking spaces near the front of the restaurant and a section of seven spaces to the north. Directly across from the three spaces is a section of two spaces (See attached). The modification will accommodate three spaces on the east side to be the designated a drop-off area for incoming traffic and the two on the west to be designated a pick-up area for outgoing traffic. The private lot used to accommodate this queue, the Furniture Kingdom Lot at 118 NE 2nd Avenue, creates the ideal scenario (Straight I block to park / Straight 1 block for delivery with car headed south on NE 2nd Ave.) To achieve this separation, the current Parking License Agreement must be increased from four to five spaces. pARKING; MANAGEMENT ADVISOR¥~BOA~D cONSiDERATiON ~ :; This will be considered by the Parking Management Advisory Board at their April 24, 2001 meeting. The results of that meeting will be reported to the City Commission. RECOMMENDED ACTION By motion approve the modification to the Parking License Agreement with Kyoto Sushi Sake Lounge to increase the valet queue from four to five spaces, to be separated into three spaces on the east side of the street and two spaces on the west side along NE 2nd Avenue. Attachments O Map of area N.B. z STREET it ATLANTIC K YO TO 'S ,~,USHI AVENUE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- DIGITAL ~,45£ bfAP SYSTE~ -- KYOTO'S SUSHI P - PUBLIC SPACE V - VALET SPACE PU - PICK UP MAP REF LIDS07 TO: THRU: FROM: DAyI~""). HA/I~N,~TY MANAGER PAI~DORLING~D~CTOR OF PLANNING AND ZONING SCOTT ARONS~ MANAGEMENT SPECIALIST~ SUBJECT: MEETING OF MAY 1, 2001 - CONSENT AGENDA APPROVAL OF A REQUEST FROM CASTLE FLORIDA FOR TEMPORARY PARKING PERMITS EXTENDING THE 2-HOUR REGULATION (WORTHING LOT BEHIND THE GRIP BUILDING), TO ACCOMMODATE CONSTRUCTION ACTIVITIES FOR SOPRA RESTAURANT. The applicant, Castle Florida, is requesting four dashboard-parking passes extending the 2-hour parking limit in the Worthing Lot for various subcontractors who will be doing interior construction work in the Grip Building for Sopra Restaurant. These passes are to accommodate those subcontractors who have to make continuos trips back and forth to their trucks for materials and supplies throughout the day. I have spoken with Castle Florida executives and they have agreed to have the remainder of the construction staff use the private parking spaces retained by the owner of the Grip Building. The use of the spaces, if approved, will commence in the beginning of May and end sometime in August. If approved, the action will marginally reduce the supply of publicly used 2-hour spaces, however, this will be more than offset by having the remaining construction employees park in the Grip Building parking lot minimizing the impact for 8-hour spaces in the Worthing Lot. I ,, , PARKING:MA~IAGEMENTilAbViSORYBOARD'~ON$1DERAT!ON? !~,~ ":'~!~'1 This will be considered by the Parking Management Advisory Board at their April 24, 2001 meeting. The results of that meeting will be reported to the City Commission. I By motion, approve the applicant's request for four temporary parking passes extending the 2-hour parking regulation in the Worthing Lot to accommodate the construction activities for Sopra Restaurant. Attachments 13 Sample Pass CONSTRUCTION PARKING PASS THIS PASS PERMITS THE VEHICLE TO PARK IN THE 2-HOUR SPACE FOR AN UNLIMITED TIME PERIOD BETWEEN THE HOURS OF 7:00 AM AND 6:00 PM MONDAY THROUGH SATURDAY EXPIRES AUGUST 31. 2001 * This is a sample of the pass to be distributed. It will be printed on special stock to prohibit unauthorized reproduction MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER [/~ AGENDA ITEM ~tL''' - REGULAR MEETING OF MAY 1, 2001 CONTRACT AWARD/GTE BUILDERS (CITY MARINA & SARAH GLEASON PARK) APRIL 27, 2001 This is before the Commission to consider approval of a contract award in the amount of $749,522.60 to GTE Builders for the City Marina Improvements & Sarah Gleason Park Improvements. It is on the regular agenda because the recommendation is to award to the second low bidder. Upon examination of the bids, the apparent low bidder, Castle Florida Building Corp., provided an incomplete and erroneous package. After a meeting with representative from Castle Florida Building Corp. and the architect's office to review the bid package for scope and content, Castle Florida Building Corp. has acknowledged an error with respect to both projects and has withdrawn their bid. Therefore, the lowest responsible bidder for both projects is GTE Builders. Recommend approval of the bid award in the amount of $749,522.60 to GTE Builders for the Marina Improvements & Sarah Gleason Park Improvements Phase I. Funding is available in the amount of $372,870.00 from 426-4311-575-65.23 (City Marina Improvements), $241,780.00 from 334-4181-572-63.90 (Sarah Gleason Park Improvements). The balance of funds will be from 2000 Roadway Bond surplus, $94,323.00 from 370-3162-541-65.23 and $40,550.00 from 370- 3162-541-65.56' respectively. RefAgmemol4 Bid Award CityMarina&SarahGleason 05-01-01 Agenda Item No. qF Request to be placed on: AGENDA REQUEST Date: April 23, 2001 X Regular Agenda Special Agenda Workshop Agenda When: May 1, 2001 Description of item (who, what, where, how much): Request for City Commission to approve an award of construction contract to GTE Builders, the lowest responsive bidder, in the amount of $749,522.60 for the combination award of the City Marina ($467,192.60) and Sarah Gleason ($282,330.00) Improvements Project, PN 98-042 and 2000-018.. Staff also requests City Commission to accept the lowest bidder's request to have their bid withdrawn. Funding is available from 426-4311-575-65.23 ($372,E~00), City Marina Improvements and 334-4181- 572-63 90 ($241,q~q:>.00), Sarah Gleason Park Improvements. The balance of funds will be from 2000 Roadway Bond surplus, 370-3162-541-65.23 ($94,,.~.8~00) and 370-3162-541-65.50 ($40,,.5.~,00) respectively. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve an award of construction contract to GTE Builders in the amount of $749,522.60 for the City Marina and Sarah Gleason Park Improvements, project 98-O42 and 2000-018 respecti~/e~.~ ~ _~~ Department head signature: \ ~-"-(.~l~/k... _ _ ~z.,{-~) Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable)[ Budget Director Review (re/q~r~d on all items involving expenditure of funds): Funding available(~YES~O ___ Funding alternatives~'if~applicable): Account No. & Description 426-4311-575-65 23 ($372,~0~ 00), 370-3162-541-65 23 ($94,293 00), City Manna, /. 334-4181-572-63 90 ($,~), 370-3162-541-65.50 ($40,530 00), Sarah Gleason. Account Balance (~.e City Manager Review: -- Approved for agenda: E~8'/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~..A2000-018\cnstrtcn~agreq-05012001 City Of Delray Beach Department of Environtnental Services M E M 0 R A N D U M TO: FROM: SUBJECT: www delrayesd corn DAVID HARDEN Manager ;iIt;TOR MAJTENY~ Assistant Construction Manager CITY MARINA AND SARAH GLEASON PROJECT: AGENDA REQUEST CONTRACT AWARD DATE: APRIL 23, 2001 Attached is an Agenda Request for City Commission to approve an award of contract to Green Team Enterprises, Inc. (d/b/a/GTE Builders) for the construction of the C~ty Marina Improvements and the Sarah Gleason Park Improvements project. The bid package included both projects with line item totals for each and a deduct for the combination award of both projects. Four bids were received for this project. Upon examination of the bids, the apparent Iow bidder, Castle Florida Building Corp., provided an incomplete and erroneous package rendering their combined bid the highest, and considered non-responsive for the C~ty Marina project (see attached bid tab). After a meeting with representatives from Castle Florida Building Corp. and the architect's office to review the bid package for scope and content, Castle Florida Building Corp. has acknowledged an error with respect to both projects and has withdrawn their bid (see attached letter). Therefore, the lowest responsive bidder for both projects is GTE Builders at $842,552.60. The "Dock and Seawall Repairs", line #6 for $85,000.00 on the City Marina project, is an out of scope ~tem and will be removed from the contract It will be re-bid with another seawall type project later this summer. With the combination award of both projects, there would be an additional deduct of $8,000.00. This brings the total project award to $749,522 60 to GTE Builders ($467,192.60, City Marina and $282,330 00, Sarah Gleason Park). Staff has reviewed with the respective architect's, Jose Aguila (Robert G Currie Partnership) and David Miller (DMA), project scope and costs. They both feel that GTE Builders' bid is representative of the scope of work. GTE constructed the Community Center Addition. Based on the above, staff recommends City Commission approve an award of construction contract to the second bidder, GTE Builders in the amount of $749,522,60 for the construction of the City Marina Improvements and Sarah Gleason Park Improvements Phase I project. Funding is available from 426-4311-575-65.23 ($372,f~?'O000), City Marina Improvements and 334-4181- 572-63.90 ($241,'~,~0,00), Sarah Gleason Park Improvements. The balance of funds will be from 2000 Roadway Bond surplus, 370-3162-541-65.23 ($94~..~0) and 370-3162-541-65.~3" ($40,..~,00) respecbvely. A budget transfer is attached. ,.~'7 CC; Richard Hasko, Director of Environmental Services Howard Wight, Deputy D~rector of Construction Joe Weldon, Director of Parks and Recreation File 2000-018 (A) $ ~Eng~4dmtn~Projects~2OOO~2OOO-O18~CONSTRCTL4gena-05012001 doc c~ .~Y: ,~.A~iL_~-; 561 272 0117; APR-20-01 2:25PM; PAGE 1/1 CASTLE GENERAL CONTRACTOR 150 N. Swinton Avenue-Sulle 100 · Delray Beach, FL 33444 - 561.272.1207 e-mall: castleflOgate.net, www, castleflorida.com. Fax: 561,272.0117 April 20, 2001 Mr. Howard Wight Construction Manager City of Delray Beach Engineering Dept. 434 S. Swinton Ave. Delray Beach, Fl. 33a. 4a, Faxed & Mailed Dear Howard: Pursuant to our meeting of April 19, 2001 Castle Florida Building Corp. will withdraw from the Sarah Gleason Park and Marina Bid. Castle Florida made a teclmical error in calculations which caused erroneous values to occur on our bid document. We appreciate your consideration and we will continue to partake in future bids. IT'S PRESIDENT cc: Victor Majtcnyi Sarah Gleason / Municipal Marina Bid Award Recommendation Lowest Reponsive Bidder - Green Team Enterprises, Inc. Sarah Gleason $286,330 City Marina * $556,193 Total Bid $842,523 (Less Seawall LS) ($85,000) Recommended Award $757,523 * Civil component is $ 202,180 Funding Proposal: Sarah Gleason Park Acct. 334-4181-572-63.90 $241,800 City Marina Acct. 426-4311-575-65.23 $372,900 2000 Roadway Bond Surplus * Various $142,823 Total Funding $757,523 * Available through reduction of contingency reserve in project accounts ITEM EST. DESCRIPTION UNIT NO QTY L City Marina Improvements I Braiding Improvements and Mod~fica.~ons L S I 2 Gazebos, Arbors, and Stte Amemttcs L S I 3 La~lscape L S I 4 [msatlon L S I Civil Work 5 A M~untcnance of Tntffi¢ L S 1 5 B Clcann$ .e. Gmbb~ng L S I 5 C 12" Stabd~zaM Subgrade S Y 3300 5 D 8" Lamerock Ba..~ S Y 3400 5 E Type S-3 Asphale¢ Concrete ( I-I/2" - 2 Lifts) S Y 3300 5F Type 'D' Curb LF 1650 5 G Concrete Ssdewalk Constmctwn, 4" TMck S F 9160 5 H Concrete S~dewalk Construcbon, 6" Thick S F 500 5 [ Asphaltu: Cot~ct~te Drw~ways S Y 50 5 J Pavement Matkm8, Ssgnage & Car Stops L S I 5K 18" RCP LF 261 5 L Typ~ 'C' Inlet EA 3 5 M Typ~ 'p' Inlet EA 5 N Plug E.'osung Storm Dram L S I 50 AdJust Exmm$ Inlet Frame &Gn~ EA 4 $ P AdJust Exmm8 Manhole Casen0 EA 5 5 Q AdJust Exnong Valve Box EA 2 5 R AdJust Exmm$ Samuay S~e~r Cleanout EA 2 6 : Dock and Seawall Repaws L S I 7 ! Cononsency Allowance L S 1 TOTAL BID - Cat7 Manna IL Sarah Gleason Park Improvements TOTAL BID - Sarah Glemon Park TOTAL EVALUATED BID - I & Ii III. Combination Award of Beth Projects TOTAL EVALUATED BID - ! & II plus ~tern #14 Castle Florida Green Team Budding Corp Enterpnses, Inc EXTENDED EXTENDED UNIT UNIT TOTAL TOTAL PRICE PRICE PRICE FRICE $1 00 $1 O0 $169,646 00 $169,646 00 $ I OO $ I OO $29.440 00$29,440 00 $000 S000 $30,328 O0$30,328 00 $000 $0 OO $23,1gO 00$23,100 00 $0 OO $O OO $7,075 OO $7,075 00 $OOO $O00 $12.015 OO$12,01500 S 1,500 OO $4 950,~0 00 S 1 50 $4,950 OO $27,200 OO $92.4~ ~O0 00$8 80 $29,920 OO $21,250 O0 S70 125 0OO OO $7 07 $23,33 [ O0 $13,20000 $21780 ~OO OO$880 $14,520 OO $20.[52 OO $184. 592 320 OO $2 86 $26,197 60 $1,275 OO $637,500 00 $4 67 $2,335 00 $600 OO $30.000 00 S20 O0 S 1,000 00 $1.850 OO $1.$50 00 $3,190 OO $3,19000 $9,396 O0 $2 452 356 O0$145 O0 $37,845 O0 $8,475 00 $25,425 oo $2,800 OO $8,400 OO $22,600 00 $180,800 O0 $3,025 00 $24,200 O0 $ [ ,000 00 S I ,OOO 00 $4,OOO 00 $4,000 OO $2,000 O0 $8,OO0 O0 S300 00 $1,200 OO $2.000 OO $10,000 OO $400 OO $2,000 OO $500 OO $1,000 O0 $250 00 $500 O0 $50000 $1,000 00 $50000 51,00000 $60,650 O0 $60,650 OO [ $85,000 00$85,000 OO $15,000 O0 $15,00000 $15,00000 $15,00000 $377,351,903.00 $5:56,192.60 Sl74,$43 O0 $174.843 00 $235,000 OO S235,OO0 O0 $14,320 O0 $14,320 OO $7,520 00 $7,520 OO S3,500 OOS3,500 O0 $3,8OO 00 S3,$OO OO $10,800 OO $10,800 00 ! $30,000 OO $30,000 00 $10,000 O0 $10,000 O0 $1o,00o oo i $10,OOO O0 $10 00 $10 OO $10 00 $10 00 $213,473.00 $286,330.00 $377,565,376.00 $842,522.60 ($11.700 00) ($11,700 OO)($8,000 00) ($8,000 00) $377,553,676.00 $834,522.60 JMW Construction CoraI-Tech Corp Associates, Inc EXTENDED EXTENDED UNIT UNIT TOTAL TOTAL PRICE PRICE PRICE PRICE $17353700 $173,53700 $125,015 00 $125,015 00 $50,00000 $50,00000 $114,000 OO $114,000 OO $37,50000 $37,50000 $31,00000 $31,000 00 $25,000 OO $25,000 00 $27,000 OO $27.000 00 $8,000 00 $8,000 00 $3,OO0 00 $3,000 00 $16,000 00 $16,000 00 $30,000 OO $30,000 00 $400 $13,200 00 $700 $23,100 OO $1200 $40,80000 $10OO $34,00000 $8 00 $26,400 OO $8 O0 $26,400 00 $900 $14,85000 $1200 $19,800 00 $4 80 $43,968 OO S3 50 S32,060 00 $6 OO $3,000 OO $4 00 $2,000 00 $30 O0 S t,500 00 $20 OO $1,0OO OO $4,000 O0 $4,OO0 00 $2,500 OO $2,500 00 $45 OO $ i 1,745 00 $60 00 $15,660 OO $2,300 OO $6,900 OO $2,500 OO $7,500 OO $2,500 00 $20,000 OO $3,000 OO $24,000 00 $500 O0 $500 00 $1,000 00 $ I,OOO 00 $400 OO $1.6OO O0 $8OO OO $3,200 OO $500 OO $2.500 O0 $1,200 O0 $6,000 OO $200 O0 $400 00 S2OO 00 $400 00 $250 00 $500 00 $300 00 $600 00 $83.600 00 $83,600 OO $85,000 00 $85,000 00 $15,00000 S [5,0OO OO $15,00000 Sl5,000 00 $600,500.00 $629,235.00 $229,475 00 $229,475 00 $270,200 OO $270,200 00 $12,350 00 $12.35000 $13,000 OO $13.000 00 $15,600 OO $15,6OO 00 $14,000 00 $14,000 OO $62.000 OO $62,000 OO $4 1,000 OO $41,000 OO SlO,OOO O0 $10,0OO O0 $10,000 OO $10,000 O0 $10OO $1000 $1000 SlOOO $329,435.00 $348,2 i 0.00 $929,935.00 $977,445.00 ($1o,o00oo) ($1o,ooo 0o} ($1 oo) ($1 oo} $919,935.00 $977,444.00 CITY COMMISSION DOCUMENTATION TO: FROM: SUBJECT: DAV~I~ T. HARDEN, CITY MANAGER PAUL DORM R OF PLANNING & ZONING MEETING OF MAY 1, 2001 ** CONSENT AGENDA ** INTIATION OF AMENDMENTS TO LDR SECTIONS 4.6.9 (PARKING) 4.6.16 (LANDSCAPING) TO ACCOMMODATE PRESERVATION MATURE TREES IN PARKING AREAS. AND OF ACTION REQUESTED OF~:'~THE CITY The action requested of the City Commission is initiation of LDR text amendments to Sections 4.6.9 (Parking) and 4.6.16 (landscaping) to allow a reduction in required parking and flexibility with respect to placement of required landscape islands to allow the preservation of mature trees in parking lots. 'B~G~K'GROU ND~ Prior to the adoption of the City's Land Development Regulations in October, 1990 the Land Development Regulations of the City of Delray Beach contained a provision which permitted substitution of mature, exceptional tree specimens for required parking spaces. The regulation allowed for reduction in the required parking when it would result in the preservation of specimen trees. With the rewrite of the LDRs in 1990 this provision was removed. Recently, the Commission approved a waiver request for "Elizabeth's on 7th'' restaurant to waive one required parking space to save a large Black Olive tree. Rather than require a waiver from City Commission each time the issue arises, a text amendment is proposed which would allow the Board, which acts on the development proposal, to either reduce the required number of parking spaces, allow flexibility in the placement of landscape islands, or both. By motion, approve the initiation of LDR text amendments to Sections 4.6.9 (Parking) and 4.6.16 (Landscaping). Cctrees.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CiTY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~-/'t/- REGULAR MEETING OF MAY 1, 2001 RESOLUTION NO. 32-01 (MID-YEAR BUDGET AD}USTMENT) APRIL 27, 2001 Resolution No. 32-01 makes mid-year adjustments to the adopted budget for Fiscal Year 2001. attached are support schedules and backup documentation for your review. Recommend approval of Resolution No. 32-01 amending the mid-year budget. Also Ref:Agmemo20.Res 32-01 Amending Mid-Year 2001 Budget RESOLUTION NO. 32-01 A RESOLUIION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 71-00 ADOPTED SEPTEMBER 19, 2000, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2000/2001, BY SETIING FORTH THE ANTiciPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2000/2001; REPEALING ALL 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. 71-00 adopted by the City Commission of the City of Delray Beach, Florida, on September 19, 2000, 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, 2000, and ending the 30th day of September, 2001, 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 1'~ day of October, 2000, and ending the 30~h day of September, 2001. 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 30th day of September, 2000, 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 1s day of October, 2000. 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 1~ day of October, 2000. 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, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. 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 heatings were held on the tax levy and the budget on September 7, 2000, and September 19, 2000. Section 10. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 1st day of May, 2001. ATTEST: MAYOR City Clerk Exhibit A BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA FISCAL YEAR 2000-2001 CASH ~$ BROUGHT FORWARD ESTIMATED REVENUES: TAXE~ AD VALOREM TAXES AD VALOREM TAXES AD VALOREM - DELINQUENT AD VALOREM - DDA Sales & Use Taxes Franchise Taxes Utility Taxes Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Miscellaneous Revenues Other Financing Sources TOTN. REVENUES ANO OTHER FINANCING SOURCES TOT/d. ESTIBM. TED REVENUES AND BALANCES 7.26 0.69 1.00 GENERAL FUND 1,803,054 23,576,020 2,221,170 64,380 1,560,400 3,296,600 6,575,000 2,373,310 6,135,810 4,931,690 703,100 3,074,000 2,968,9,10 57, 8o,, ,9o 59,283,444 DEVELOPMENT ENTERPRISE FUND FUND8 SPECIAL REVENUE FUNDS 60,520 7,691,722 1,482,001 140,080 6,000 113,070 28,533,750 1,480,098 57,000 ,.30.,.!83,9!8 37,875,640 , ,1 ,,08o 206,600 1,279,520 101,400 25,130 73,180 1,432,180 2,911,410 4,393,411 TOTAL 11,037,297 23,576,020 2,221,170 64,380 140,080 1,560,400 3,296,600 6,575,000 2,373,310 7,528,400 33,566,840 728,230 4,633,278 .4,458~090 90,721,798 101,759,095 General Government Services Public Safety Physical Environment Tmnsportation Economic Environment Human Services Culture & Recreation Debt Service Other Financing Uses TOTAL EXPENDrrURES~EXP£NSE$ Reserves TOTAL EXPENDITURE~ AND RESERVES 6,157,664 31,966,543 326,795 1,372,658 1,762,859 131,000 7,811,025 5,040,560 4,644,6 59,213,788 69,656 59,283,444 206,600 206,600 0 206,600 22,506,413 3,895,289 5,944,890 ,5,o7,9, po 37,426,292 .,. ,449,348 37,875,640 39,170 2,808,172 996,450 297,130 4,140,922 ,252,~89 4,393,411 6,157,664 32,005,713 22,833,208 1,372,658 4,777,631 131,000 12,702,764 10,985,450 10~021~I~ 100,987,602 771,,4~3 i01,759,095 RES. NO. 32-01 Mid Year Budget Amendment Fiscal Year 2000-2001 The General Fund revenue budget as of the six-montk period ending March 31, 2001 totaled $57,199,039. Adjustments of $2,084,405 were made for an amended total of $59,283,444. Adjttstments greater than $4,000 have been notet~ Fund Revenues prior Year Sm-plmfEag .,amb,,ram~ An additional amount of $1,186,633 will be brought forward from prior year surplus. This is comprised of $103,753 in additional bond construction and grant interest earnings used to offset relative expenditures as well as $1,082,880 for a CRA loan relative to the W. Atlantic Avenue Beautification project. This category also includes a reduction of $2,578 in encumbrances brought forward. Ad Valorem Tax R~venne A surplus of $22g,130 is expected from ad valorem taxes ($208,750) and delinquent taxes ($19,380). sa ,,ml We ram A surplus of $15,000 is expected at this t/me due to an increase in the projection for optional gas tax revenues. Franchise Tax~ A surplus of $128,100 is expected for this category. based on FPL sales ($125,000) and on gas ($4,000). The surplus is mainly due to an increase in franchise fees The City can expect a surplus of $136,000 in this category. The surplus is due to an increase in the projection for utility taxes based on FPL sales ($150,000) and on gas sales ($31,000). This is offset by an estimated shortfall for utility taxes based on BellSouth sales ($25,000) and telecommunication sales other than BellSouth ($20,000). The City can anticipate a shortfall of $7,000 due to a decrease in the projection for occupational license inspections. A surplus of $29,700 is expected at this time. The surplus is mainly due to an increase in the projection for tree permits ($19,000) and change of contractor fees ($5,000). Mid Year Budget Amendment Fiscal Year 2000-2001 General Fund Revenues (contioue, d) Iater~gvern,ment~d Revenum A surplus of $267,350 is expected due to an increase in the projections for state sales tax ($45,000), revenue sharing ($159,000), as well as the MacArthur Foundation Grant funding ($30,000). This is offset by an estimated shortfall in Sehonl District program fees ($32,000). Clmr~es for Services The City can anticipate a shortfall of $74,260 in this category. The shortfall is a result of an estimated shortfall in site plan approval fees ($6,950), conditional use fees ($3,600), Highland Beach ($26,960), tennis memberships - both sites ($13,000), totals lesson sales ($45,000), and tennis general admissions ($40,000). This is offset by an increase in the projection for zoning fees ($6,800), certification/copies ($5,400), other general government fees ($4,000), transport fees - Highland Beach ($7,850), road impact administration fees ($9,000), Command Security Corp. fees ($6,680), project inspection fees ($19,500), and accounts receivable for nuisance abatement ($10,000). A shortfall of $36,400 is expected primarily due to a decrease in the projections for general fines ($50,000) and penalties with respect to contractors not pulling building p~a~its ($5,000). This is offset by an increase in the projection for code enforcement fines ($12,000) and ad valorem tax penalties ($5,600). In~erraml Transfers A surplus of $232,000 is expected due to an increase in the projection for interest earnings on 1999 and 2000 Note proceeds ($242,000) off, et by a shortfall in the transfer from the Debt Service Fund ($10,000). Contributions from Other,Funds A shortfall of $22,000 is expected due to a reduction in the in lieu of tax transfer from the Storm Water Fund ($1,000) and the Water and Sewer Fund ($26,000). This is offset by an increase in the contribution from the both the Municipal Golf Course Fund and Lakeview Golf Course Fund ($5,000). Mi~llaneous Rgv, enue A surplus of $3,730 is expected. The surplus is mainly due to an estimated surplus in interest on ad valorem tax revenue ($7,490), interest on accounts receivable ($6,000), interest on investments ($9,000), and donated property ($22,750). This is offset by a shortfall in the interest on accounts receivable for Woods of Southridge ($5,000), reimbursement of salary expense relative to the CRA ($25,950) and the Friends of Palm Beach County - Weed & Seed revenue ($12,880). Mid Year Budget Amendment Fiscal Year 2000-2001 This category includes the legislative and administrative departments of the City and the miscellaneous division. The increase in General Government expenditures totals $147,482. The majority of this increase is in the Miscellaneous division in order to fund the $57,000 loan to EPOCH which will be repaid in fiscal year 2002 as well as the $57,290 due to Langton Associates for grant writing services. Also included in all the departments in this category is the additional funding needed to cover the increased health insurance premiums as a result of a new contract with Cigna Healthcare. l~blic Safety This category includes the Police and Fire Departments and Community Improvement. The increase in Public Safety expenditures totals $393,843. The Police Department's budget increase includes money to cover additional health insurance expenses as well as the cost of adding disability insurance for all sworn positions. The increase in the Fire Department totals $187,863. This includes $25,000 for the new clinic contract as well as money to cover increased health premiums and the addition of disability insurance for certified personnel. Also included is the purchase of 6 capnography units funded by a State of Florida EMS Grant. The Community Improvement budget shows a net increase of $17,139 mainly due to the increase in the cost of health insurance. Pin. leal Enviroament This category, which consists of Public Works Administration and the Cemetery, includes a decrease of $21,268 mainly resulting fi'om salary surpluses due to vacancies in these divisions. Trssmpor~on The net change in this category is an increase of $14,909 mainly due to increased utility expenses for street lighting. Also included is funding to cover termination pay and increased health insurance premiums which are partially offset by salary savings from vacancies. Economic Envir0n~me, nt This category shows a net increase of $122,179 largely due to the purchase of the Back Room. Also included in this category is the additional $30,000 for the Downtown Business Area Design Charette and Physical Plan which is offset by revenues from the MacArthur Foundation. Mid Year Budget Amendment Fiscal Year 2000-2001 General Fund F~enditures t'continuedJ Cul~re o~Jd This category includes the Parks and Recreation Department, the Old School Square Grant and the Library. The changes in this category equate to a net decrease of $89,105. The majority of this surplus is the result of vacancies in the Parks Maintenance division. Additional funding is included to cover termination pay as a result of the retirement of the Assistant Parks and Recreation Director as well as the additional cost of health insurance due to The decrease in debt service is due to a change in the actual expense coming in less than anticipated. This category accounts for Interfund transfers. The increase in expenditures totals $1,459,724. Included in this total is a transfer to the Tennis Stadium Fund of $150,300 to cover the decrease in revenues associated with the naming rights and the Citrix Tournament. An additional $24,000 is being transferred to the Beautification Fund due to increased revenue from utility taxes. A transfer to the Special Projects Fund of$39,114 is included as the City's matching portion of the 1999 and 2000 Block Grants. The General Construction Fund transfer increase includes additional funding for expenses associated with the Delray Swim and Tennis Club renovations as well as court rehabilitation and irrigation at the Tennis Center. Also included in this transfer is funding for additional computer equipment including a City web server which will enable the MIS division to establish a City web page to eventually house all departmental web pages. A transfer of $1,082,880 is included for a CRA loan relative to the W. Atlantic Avenue Beautification project with funding coming from prior year reserves. The remaining balance after all revenue and expense adjustments were made resulted in an increase in contingency funds of $60,631 for a balance of $69,656. Mid Year Budget Amendment Fiscal Year 2000-2001 Funds Law Enf0rc~meut Trmt ~ This budget is being adjusted to account for the actual revenues received during this fiscal year and to adjust the balance brought forward from fiscal year 2000 to the actual fund balance as of September 30, 2000. A small amount of funds are being used to offset negative accounts and the balance is being placed in reserves. Teunt~ Stadim lhmd An additional $150,300 is being brought over from the General Fund to cover the deficit in the sponsorships and Citrix revenues. Also included is the donation from Palm Beach County for the Venus and Serena Williams Tournament, which was held in April and benefits the OWL Foundation. This $25,000 adjustment is reflected in both the revenues and expenses. Community Development Fund Fiscal Year 1999/00 balances for CDBG, HOME, SHIP, Substance Abuse, Hope3, and the Renaissance Program were brought forward. Also included is a reduction in the Substance Abuse Grant based on the actual award for fiscal year 2001. Beautification Trmt Fund Due to increased revenue from utility taxes, an additional $24,000 is being transferred into this fund from the General Fund. A portion of this is being utilized to cover the increased health insurance premiums for employees in this fired and the balance, $23,010, is being placed in reserves. The change in the Sanitation Fund totals $6,500 to record the Waste Tire Grant which was awarded November 27, 2000. This money was used to replace the gym floor at the Fire Department. Water and Sewer Fund Changes in the Water and Sewer Fund amounted to an increase in the budget of $1,075,450 for a total budget of $26,423,172. Included is $916,750 for emergency repairs that were approved by the South Central Regional Wastewater Treatment and Disposal Board. These repairs were funded and approved in fiscal year 2000 but were not incurred until this year. Funding from prior year surplus is included to offset this expense. Also included is additional funding to cover the increased health insurance premiums. Municipal Goff Co#fsi, The revenue increase of $23,780 in this fund is due to the recovery of prior year expenses. The majority of this additional funding is being set aside in reserves. Mid Year Budget Amendment Fiscal Year 2000-2001 O~ker Fuods (continued) Lakeview Golf Course Minor adjustments are being made to several line items in this budget, however the net total remains unchanged in this fund. $ ,tormWater Utiliti~ An increase of $65,518 is mainly due to bond interest earnings as well as minor adjustments in other miscellaneous revenues based on actual receipts. Garage Fund Adjustments in this fund combine for a net increase of $31,950. An additional $120,000 is being budgeted due to the increasing costs of fuel. This change is reflected in both the garage expenditures and the departmental revenues. This increase is partially off, et by a reduction in both the Outside Service and the Labor Charges. Adjustments are also being made to cover the increased health insurance premiums. Illauram Fund Adjustments to this fund include the increased expenses for the City's health insurance plan through Cigna Healthcare, which went into effect March 1, 2001. Revenues received from the departments and the associated expenses are both being adjusted based on these new rates. Other minor adjustments are being made to correspond to changes made in various benefit line items due to staff vacancies throughout the City. MEMORANDUM TO: FROM: THROUGH: SUBJECT: DATE: David T. Harden, City Manager Regina M. ~dget Administrato~ Joseph M. 5h~os~mce Director Mid-Year Budge[ Amendmem for FY 00/01 April 25, 2001 Attached please fred Resolution Number 32-01 which amends the budget for Fiscal Year 2000/01. Also attached are supporting schedules and backup documentation for your review. Please let me know if you have any questions. cc: Rebecca O'Connor, Treasurer MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~'-- REGULAR MEETING OF MAY 1, 2001 RESOLUTION NO. 37-01 (ESTABLISHING A CHARTER REVISION COMMITTEE) DATE: APRIL 27, 2001 It is the consensus of the City Commission that a Charter Revision Committee be established for the sole purpose of reviewing the City's Charter and formulating recommendations to the City Commission. The resolution proposes that the committee consist of eleven (11) members from the community at large, with each member of the City Commission appointing two (2) members to the committee and the Mayor appointing a Chairperson. Once the Commission appoints the membership, the resolution provides that the Charter Revision Committee shall immediately pursue its assigned task with a target completion date of November 1, 2001. The committee would sunset on the completion of its assignment, unless otherwise extended by action of the City Commission. Recommend approval of Resolution No. 37-01 establishing a Charter Revision Committee. Ref'Agmemol4 Res 37-01 CharterRewsionCommittee 05-01-01 RESOLUTION NO. 37-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A CHARTER REVISION COMMITTEE FOR THE SOLE PURPOSE OF REVIEWING THE CITY'S CHARTER AND FORMULATING RECOMMENDATIONS TO THE CITY COMMISSION. WHEREAS, on June 11, 1991 the City Commission adopted Resolution No. 50-91 for the sole purpose of reviewing the City's Charter with respect to the length of terms that the Mayor and Commissioners shall be elected and subsequently Resolution No. 58-91 amended that resolution to include a review of the City Charter to Qualification of Candidates for Office, enumerating of Seat Numbers and the continuance of second nonpartisan elections. WHEREAS, it has been 10 years since any review has been made of the City Charter, therefore, the City Commission is desirous of having the entire City Charter reviewed and recommendations made to the City Commission; and WHEREAS, the City Commission of the City of Delray Beach, Florida, is desirous of receiving input and comments from a broad cross-section of the community with respect to a review of the CAty Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That there is hereby established a Charter Revision Committee, which shall study the entire City Charter and make recommendations to the City Commission. Section 2. That the Charter Revision Committee shall consist of eleven (11) individuals from the community at large, with each member of the City Commission appointing two (2) members to the committee and the Mayor appointing a Chairperson. Section 3. That the sole purpose of said Charter Revision Committee shall be to review the entire City Charter and make recommendations to the City Commission. Section 4. That the Charter Revision Committee shall immediately pursue its assigned task with a target of accomplishing said task by November 1, 2001. Section 5. That the Charter Revision Committee shall disband upon the discharge of its assigned task or by November 1,2001, unless otherwise extended by action of the City Commission. PASSED AND ADOPTED in regular session on this the 1st day of May, 2001. ATTEST: MAYOR Acting City Clerk 04/24/01 TUE 09 16 FAX 561 243 3774 CITY CLERK ~001 *** TX REPORT *** TRANSMISSION 0K TX/RX NO 4998 CONNECTION TEL 92784755 CONNECTION ID CITY ATTORNEY ST TIME 04/24 09:1§ USAGE T 00'39 PGS. SENT 1 RESULT OK RESOLUTION NO. 37-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY B 'EACH, FLORIDA, ESTABLISHING A CHARTER REVISION COMMITTEE FOR THE SOLE PURPOSE OF REVIEWING THE CITY'S CHARTER AND FORMI. JI. ATING RECOIVIIVIENDATIONS TO THE CITY COMMISSION. WHEREAS, on June 11, 1991 the City Corm~ssion adopted Resolution No. 5001 for the sole purpose of reviewing the City's Cha,rer urith respecw to thc length of te~rns ~ar the Mayor and Commissioners shall be elected md subsequentl/Resolution No. 58-91 amended that rcsolurion tn include a review of the City Charter to Q)tudi~tcatmn of Cancli&~tes for Office, ertm~erating of Sear Numbers and thc contkmance of second nonpeaxisan elections. WHEREAS, it h~ been 10 years since 0a~y review has been made of the City Charter, therefore, rlse City Cormrdssion is desirous of haGng thc entire City Ch-,trter reviewed and recoxranendar, lons made ro the Ory Commission; ~u~d WI-IERF~S, ~he City Commission of the City of Delray Beach, Florida, is desflx, tks of rece~vkng input and conmaents from a broad cross-section of the conmmnity with respect to a review of the City Chmxcr. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COlVl/VIISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Se~.%iott 1. That there is hereby established a Charter Revision Commit'tee, which shall study the entire City Chatxer and make recotrmaend.~tions to the City Con~nission. Section 2. That the Charter Revision Committee shall consist of eleven (11) inchvlduals front the conmauniry at large, with each member of the City Commission appoinrlng two (2) members to the committee and the Mayor appointing a Chairperson. Section 3. 'I~ar the sole purpose of said Charter Revision Conmfirtee shall be to review the enrixe Cir7 (..']aox, er and make reconm-~endarions ~o the City Commission. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER L~ AGENDA ITEM ~,,T - REGULAR MEETING OF MAY 1, 2001 APPOINTMENTS TO THE POLICE AND FIRE BOARD OF TRUSTEES DATE: APRIL 27, 2001 With the res~gnauon of Robert Levitt from the Police and Fire Board of Trustees tlus creates a vacancy to fill his unexpired term ending June 30, 2002. John Frysmger's term also expzred on April 22, 2001. Mr. Frysmger was appointed to his imtial term on January 14, 1997 to fill an unexpired term, he was reappointed in 1997 and 1999 to serve two full terms. Per Susan Ruby, C~ty Attorney, members may be reappointed for more than two terms ff the Cxty Commission wishes to reappoint them. Mr. Frysinger would hke to be considered for reappointment. Attendance records are attached. The term is for two years ending April 22, 2003. In accordance with Secuon 33.65 (A) (2) of the City Code, the City Commission appoints two public members of the Board of Trustees. To quahfy for appointment, a person shall either be a resident of or own property in the c~ty, and/or own a business within the c~ty. The appointee must take an oath of office. The following have submitted applicauons and would hke to be considered for appointment: Dale G. Briese Edward C. Desmond Joe Federman John Frysinger Harry J. Harmlton Darnel J. Kucera Kenneth S. Rubin (incumbent) A check to confirm that all are registered voters was completed. Also, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment to fill the unexpired term of Robert Levitt will be made by Commissioner Archer (Seat #2). The appointment to fill the seat with term ending April 22, 2003 will be made by Commissioner Levinson (Seat #3). Recommend appointment of one member to the Pohce and F~re Board of Trustees to fill an unexpired term ending June 30, 2002 and one member for a two year term ending April 22, 2003. s board comrmsston memo pohcc&firc 5 1 01 ,,,,,, C,TY OF ..L.AY ..AC. BOARD MEMBER APPLICATION 1993 Please type or print the following infom, m~on: 2. Home Address: State Zip Code t'~~ L~,~l~urn~ ~13~. C~l~-,~I ~t-k ~ 3. ~ ~n~: ~ S~ Zip ~ 4. P~dp~ B~ess A~s: Sine Zi~ ~ S. Home Phone: [ Bus.ess Phone: E-M~: [F~: 6. ~ ~o~a~) ~e y~ ~~ ~ 7. ~ ~ ~ ~ on ~ ~ ~ ~ ~ or ~ve p~ ~ ~e~e ~ ~s) 8. Edu~o~ ~!~om: 9. ~ ~ ~ p~fession~ ~om ~d ff~s w~ you hol~ 10. Give y~ pre~n~ or mo~ ~t ~pl~, ~d ~on: 11. De~fi~ ~fim~s, ~ or ~~e ~ ~ y~ m ~e on ~ ~ ~1~ ~ a brief ~e) CI~ CLERK Note: This application will remain on file in the Ck3r Clerk's Offic~ for a period of 2 years from the date it was submitted. It will be the applicant's responsib'~3r to ensure that a current application is on file. S~CITYCUiItK~I~OARD~PLICATION DALE BIa[F. SE -13644 WEYBURNE DR. DELRAY BEACH, FL S61-498-3102 CIVIC Delray Beach SisteF Cities Ambassador - 2001 Chairman Auction for Education Foundation - since 1998 Deb'ay Chmber of Commerce - Chairman Leadership Ddray * since 1998 DelFay Chmber of Commerce-Member since 1993 Ddray Chamber of Commerce=~mbnssndor since 1994, SecFetary 2000, 2001 PREVIOUS Member Palm Beach County Board of Realtors-199S/98 Graduate of Leadership Ddray Beach 199S Boynton Chamber of Commerce-Chairman of Leadership Boynton Beach 1990-91 Graduate of Leadership Boynton Beach-1988 Boynton Chamber of Commerce-Member from 1978-1993 Secretary/Treasurer Richard E. Griffm, Inc. 1980-1993 PROFESSIONAL 1996-Present - Personal Banking Services, Inc. - President Delray Beach, F! 33446 2S Years - Barnett Banks, NA- Vice President, Residential Lending Vice President, Consumer Lending Loan Of~cer, Consumer Lending Operations Off'w. er, Comumer Lending F.,DUCATION Florida Banking General Certifi~n-l~ Florida Real Estate License-1978 BA- Foreign Language and Secondary Education Florida State University, Tslhhassee, Florida-19?3 Graduate of Seacrest High School, Ddray Beach-1969 PERSONAL Ddray Beach resident since 1966. Bilengmd. Married, mother of two girls, Carly, age 21 currently attending Florida State University fred Stacy, age 18 currently attending Atiantlc High School. BOARD MEMBER APPLICATION Please x71~e or prLm the f'ollowi~ in.formation: 2. Home Add, ss: , .'"T) / ' 3. ~8~ Res~nc~ / 9: L~$I ~y Mlitd pr°~e~ioflal ~nifications ~d ]ic~s ~ich ~u hold: ....... ... , l ]. ~scr~ ~perte~c~s,~k~lls~r ~w~dge ~icKq~li~ you to s~e on ~Js ~ard: ~Je~ ]~¢~ a brief resume) I Mre~y ce~l~ rhe~ ell ~6e ~ove s~en~s ~ ~rue, ~n~ I e~ree en~ un~e~en~ ~er mis~eremen~ o~ ~ter/el ~ co~e/~e~ ~ ~A/s ~ppl/~/on mey ~use Fo~ei~ure upon my temen on in t~e City Clerk's OtS~e for a period or'2 yeah from the date it was submitted. It u41] be the applicant's resl>onsibiUty to ensure that a cutrcm application is on file. I~crIYCkF. J~ ~O,,Jl:~na, PL IC4 ~0~ RECEIVED JUN 0'8 1999 CITY CLERK EDWARD C. DESMOND ~175 Gr~tde P~zlm Circle De. lra~ Bc~=k, IVioHda 3348,1 1989 1987-1989 1983- 1987 1977-1983 · 1972-1977 1965 - 1972 1964- 1965 DeCarlo & Don, Inc. C~pmmi~ Vie.~ l~eside~ School Division Fint Sdectman (Elected Office) Town of W'dton, CT SmAll Business Owner Westl~rt, CT Director of Mannpment Services ~dton Public Scho~ls, WiJton, CT Comptroller Westport Schools, Westport, CT ?eacber of Graduate Courses in Nes~htious Fairfield University, Fairfield, CT Tencber of Graduate Courses in Finance Universi~ of Bridgeport, Bridsepon, C*f Assistant to Superintendent for Business/Finance Danbury Public Schools, Danbury, CT Teacher South School, New Canaan, Cf' 195% 1959 1955-1957 1954-1955 Owner-Red F. nnte/Construetion Bz~i~e~s Plymouth, 'NH Park C~mmluloner Plymout~ Nil (F. Iotxed Office) IN'eelnet Cemmhsioaer Principal of K-8 l,nborntor~ School and Direclor of Student Teaching Plymouth State College, Ptymouth. Supervising Teacher Plymouth State College, Plymouth, NH l~rincipal Conway ~leamnta~ .~,.hool. Conway, N'cl Te. nebing Principal Pine Tree School. Center Co~jw&y. NH 1970- 1972 f966- 1968 i956-1958 1950- 1954 National Association of School F,x~:tnives University ofBrid$tl)Ort, C.A G.S Boston University, bi. Ed. Plymouth State College - B$ DELRAY BEACH BOARD MEMBER APPLIGATION 1993 P!ease type or print the following information: 1. Last Name:/-~ /lu' '''V''(/,.-~p.~.....,,~, ..,/ 2. Home Address: 4. Prindpal Business Address: State State State Zip Zip Code Zip Code 5. Home Phone: I Business Phone: Cell Phone: I E]Mail Ad&ess: , Fax: 6. Are you a Reeistered Voter? If so, where are. you. ~gidered?. 1 7, What Board(s] are you interested in serv~g? ...... ,, -_ , 8. List. all Qty Boar& on which yqu ~e _curr, ~tly se_rving or have previously serve& (Please inclu&~ ?t,~.d. - 9. Educational oualifications: , . . 10. List any related professional certifications and licenses which you hol& 11. Give your present,~or most recent employer, and position: .... / 12. Describe experiences, skills or knowledge which qua~.'fyygu to serv~ on,v~his bqarch ~Please attach a b~ief, resume)., .._.. Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submittecL It wil be the applicant's responsibility to ensure that a current application is on f~e. RECEIVED APR 2 2001 CITY CLERK S~CITYCLERK~BOARDL~PLICATION My name is Joe Federman; I have been living at Pines West since July of 1996, and have served in the following capacities: In New York, I spent three (3) years on the Citizens Advisory Committee to a New York State Assemblyman. In Florida, I served as Chairman of an Adhoc Committee for Condominium takeover from the Developer in Ft. Lauderdale. I was active in the Legal, Budget, and Finance Committee's, as well as on the Advisory Committee to update the Condominium Documents and By-Laws. Served two (2) consecutive terms on the Board of Directors And then as President of a 316 unit Condominium. Now serving my fourth year on the Pines Board of Administration, Finance Committee and served my first year as Vice President of the association. Committee chairman, to revise and update the Pines West documents and By-Laws for the Association. Attending quarterly meetings with the Mayor of Delray Beach. Semi-monthly City Commission Meetings and the Delray Beach Forum for Visions 2010 Assembly. THE AS$£HBLY STATE OF" NEW YORK ALBANY COR/I~ I~A'rl O NJ; AUTHORITI[~l AND Hatch 22, 1976 Mr. ~oseph Federman 550 E. Pine Street Long Beach, N.Y. Dear Joe: T was 8elfghted to learn that you ~ave agreed to serve on my Legislative ASvisory Cou,utttee. We ere in the process'n0wo£ choo~ing time and place for the first meeting. You will be given the specifics very shortly. x/ I look forward to working wi th you. Thank you for agreeing to serve. Sincerely, i '03)'12/01 MON 15:10 FAX S61 243 3774 CITY CLERK CI~ OF DEL~Y B~CH BOARD MEMBER APPLICATION 199~ ~)001 1. I.~N~:~'~ ' " N~ - 2. ,A~:/' ' ' -~ · S~,,~ ~. -~ ~~: ' - ~ - 5. ~'Pbone: B~s Phone: E-' : ' " ~ MAR132001 ~ CITY CLERK Nor~: This eppllcation will reauln On ~e in the City C~k% Offic~ for a l~iod of 2 yurs fram the ~ it vas ~ It will be the applicant's responsibility to ensure ~ a currem apptk~on is on file. JOHN L. FRYSINGER Certified Mediation 419 S.E. 4th Avenue Delray Beach, FL 33483 Phone: (561) 272-0142 MEDIATION: Completed approximately 250 mediation assignments for the 15th Circuit Court District since July, 1996. Assignments included Family Court, contract disputes, condominium matters, debtor-creditor disputes, medical disputes, auto liability disputes, and many other matters. Retained Mediator for Nova University's Academy of Dispute Resolution completing approximately 40 mediations for the Academy. ACCOUNTING & AUDITING: Eight years with Price Waterhouse and Co. Broad audit and tax work ranging from Fortune 500 companies to small business enterprises. Work included regular audits, SEC reporting, registration with SEC of new securities, major merger and acquisition audits, business valuations, tax returns and cost plus fLXed fee work for worldwide construction fu'ms. FINANCE & INVESTMENTS: Treasurer and Director of an OTC manufacturing company subsequently sold to Ciba Giegy. Negotiation and placement of private stock and bond offerings, finance of acquisitions and buyouts with and for major banks, insurance companies and pension funds. Preparation and placement of limited partnerships in the oil and gas business, and real estate business. As a Trustee, currently oversee management of $60,000,000. for the Delray Beach Police and Firemen's Pension Fund. CONSTRUCTION: Managed construction and financing for work known private golf club community. For my own account, I have rehabilitated 2 office buildings, built 12 single family homes and platted small land developments. CERTIFICATIONS: Florida Supreme Court: Family and County Courts - #07911 CF Florida Insurance Commission National Association of Security Dealers; NASD South Palm Beach county Board of Realtors' EDUCATION & PUBLIC SERVICE: Ohio State University, Bsc. B.A. Certified Public Accountant Trustee: Delray Beach Police and Firemen's Pension Fund. 0 DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the follow~ information: 2. Home Address: e Legal Residence: 4. Principal Business Address: Name ~.~,~,./ St,~te State ~tate zip Code ~$v~, ~ Zip Code Zip Code 5. Home Phone: I Business Phone: I E-MailAddress: [ CellPhone: Fax: 6. ~ Board(s) are you interested in serving? C'/,/~." 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) ^/o,,/~ s. Educational c~mc~ions: 9. List ~y related professional certifications and licenses which you hold: 10. Give your present, or most re~_n! employer, and position: 11. Describe experiences, skills or knowledge which Cl, mlifyyou to serve on this board: (Please attach a brief resume) I here~by/rtify that all the above statements are true, and I a~ee ~d understand that any misstatement o£ material facts $IGNAT~ / ~ DATE Note: This application will remain on file ir~$ (~ityN~Ss'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. $~CITY CL ERK'~O ARDLM)PL lC ATION BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. 2. Home Address: 3. Legal Residence: City State Zip Code 4. Prindpal Business Address: City State Zip Code 5. Home Phone: I Business Phone: E-Mail: 6. What Board(s) are you interested in serving? /~ Z/'c c' 7. List all City Boards o_n v~ich you are currently serving or have previously served: (Please include dates) 8. Educational qualifications: 9. List any related professional certifications and licenses which you hold: 10. Give ¥ou~ present, or most re£ent em.2i~er, and portion: 11. Describe experiences, skills or knowledge ~hich qualify you to serve o,', this board: (Please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts . 6 of APR I 0 200! D^~' ' f'~ i'rv ~,.~ /~i'rV /'~1 I'l"ll! Note: This application will remain on file in the l~i~ ~le/~'~ft]~ for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S~CITYCLERK~BOARD~APPLICATION Venetian Capi ! AAanagement ~1 '~'~- 004.7 di, uc.: a :; ,ene~,~,,,.ap.com Venetian Capital Management is owned and operated by Daniel J. Kucera of Delray Beach, Florida. Dan is a graduate of Marist College, Poughkeepsie, NY., 1983. He went to work with Nierrill Lynch in 1984 and worked there until January of 2000. As a Financial Consultant, Dan specialized in equity management and direct investments into the debt markets, shying away from packaged investment products. In addition, Dan served as Retail Coordinator of syndicated products mostly managing the distribution of I PO's. In 2000, Dan joined Harch Capital of Boca Raton to be portfolio manager of their private equity fund, called the Leverage Equity Opportunity Fund. As manager of the equity portion of the fund, Dan oversaw the firm's investments of $75 million into the equity markets. Dan is still affiLiated with Harch Capital providing equity management on a part time basis. With this relationship, Venetian Capital Management has access to a full array of investment research from such names as JP Morgan, Merrill Lynch, Goldman Sachs Morgan Stanley Dean Witter, First Call and Wm. O'Nei[ Co. amongst numerous others. Venetian Capital Management is also affiliated with Advisors Capital of Tripp, Connecticut. Advisors Capital is one of the foremost managers of mutual fund assets specializing in asset allocation and sector rotation. Bob Mann, President of Advisors Capital gained recognition for protecting his investors capita[ during the market crash of 1987 and co- authored a book on technical analysis called Non Random Profits. The use of technical analysis combined with a thorough review of fundamentals separates our management style from the traditional ' buy and hold' mana§ers. _djk 1258® bellsouth, net http ://www.venetianc~p.oom/Biogr~phy.htm 4/1012001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: 2. Home. Address: ~ 3. ~gfl Residence Ci~ State Zip ~e 4. ~cipfl B~ess Ad.ss:~ ~~~ Sm~' Zip ~e 6. ~a!B~(s) me you inte~a~ in ~in=? ~. Li~ all C~ Bo~s on which you ~ c~tly m~ing or ~ve p~vio~ly ~: ~!~ ~clude ~tes) 8. ~u~ti[nal q~}~tigns: ~u~,~ 0~ ~~~~ 9. Lira ~y mlat~ professional ~ifications ~d li~n~s which you hold: i 1. ~ ~rien~s, ~kills or ~owl~ge ~ich quali~ y~ m ~e on &is ~: ~!~ a~h a bdef~sume) I he. by ~i~ that all the a~we statemen~ a~ t~e, and I ag~ and unde~and that any misst~~t oimatedal ~ w~~~~l/~tion maF Muse ~/tu~ upon my of~y~oint~ent I ~g ~ive. ,~1 V ~U ~ -- CI~ CLERK Note: This application will remain on file in the City Clerk's Ofl~ee for a period of 2 years bom the date it was msbmitted. It will be the applicant's responsibility to ensure that a current application is on file. C 1I~S;-CURREA'T 1~85-1989 1978-1~85 KENNETH S RUBIN 695 ENFIELD CT LEAI~RSHIP PALM BEACH COUNTY, GRADUATE 1985 O~.GANE~NG C~MI~i'I'E~: ~ DELRAY BEACH BOARD OF ~ AND EXECUI'IVE COM~nTrI~ ~ ~ MENTAL HEALTH CENTER, 1982~ BOARD OF DIRECTORS, DEr.RAY BEACH TENNIS (X~N'I'ER 1982-1993 ktAN~AC~ Di~.RAY BEAC~I NATIONAL LITTLE LEAGUE 199~ VOt.~ BASEBAI~ COACH, CARVER MIDDLE SCH(3OL, 1996-1998 'VOLUNTEER VARSITY TENNIS OOACH, ATLANTIC HIGH SCHOOL, CHAIRMAN, UNIVERSITY OF MASSAOIUSETrS VARS1TY TENNIS TEAMS SI:qtlNO TRAINING AND BENEFIT TOURN~ TRIP TO DgI.nAY BEACH, 1999-PRESENT PAST PRESIDENT, D~-RAY BEACH TENNIS CENTER, 1988-1993 DIP. ECl'OR, KINGS~ HOMF..O~ ASSOCIATION, 1991-1993 PRESIDENT & CFO, DELRAY ~W CO~ ASSOC., 19S2-PRESENT ORGANIZING (3OMM1TTE:DELRAY LAKES HOMEOWNERS ASSOCIATION(NEWLY FORMED) NEW ATLANTIC HIGH SCHOOL BOOS~ CLUB CC~Y FORMED) VARSITY TENNIS COACH, UNIVERSfTY OF MASSACHUSETTS, 1976-1977 SPONSOR, D~-RAY BEACH YOUTH COUNCIL FINAN~L CO~TANY/INFES'I~ff ADV1SOR P~IK 8~ECURITYES AND RESEARCH $10 E A TLANTIC A VE D~-~ AA Y BEA CH FL 33483 FINANCJAL CONSULTANT~ ADIXI$OR JW GENE,S SECURITIES 400 E LI?ffON BLVD DELRA Y BEACH FL 33483 FICE PRESIDENT AND REGION~U.~ MANA GEA ~?¢I'R U~7' BANK 1800 S PEDERAL ttWY DEZ,RAY BF~CH FL 33444 !P76-1978 !~72-1976 MBA, ~ Or; MASSACHUSETTS, AMHERST, MA 01003 BS, UNI~'~S]TY Ot~ MASSAK~4USL~S, AMHERST, MA 01003 City of Delray Beach Community Development Division MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Community Improvement Director Kenneth L. Thomas, Community Development Administrator/~ April 24, 2001 Approval of Resolution #39-01 Adopting the State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan For Fiscal Year 2001-2004 ITEM BEFORE TIlE COMMISSION The purpose of this item is to obtain Clty Commission approval of the Clty's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan for Fiscal Years 2001-2004 by adopting Resolution #39-01 pursuant to Title 67-37 of the Florida Administrative Code. BACKGROUND For the past eight (8) years the Community Improvement Department has received funds under the State Housing Initiatives Partnership (SHIP) Program. SHIP funds are generated from documentary stamp collected throughout the State at a rate of two cents per dollar and held in the State's Housing Trust Fund. The State requires a Local Housing Assistance Plan be established outlining how the City plans to administer the Local Housing Assistance Program once SHIP funds are received. On February 23, 1993, under Ordinance #2-93, the City Commission established a Local Housing Assistance Program, created the Local Housing Trust Fund and created the Affordable Housing Advisory Committee to comply with various sections of Title 67 of the Administrative Code of Florida. Community Development Division staff has administered the program and under the approved Plans have assisted Delray Beach residents with homeownershlp and housing rehabihtatlon opportunities. Staff and the members of the Affordable Housing Advisory Committee have developed the Local Housing Assistance program for the next three years. SHIP funds will be used for the following activities: 1) New construction purchase assistance; 2) Existing unit purchase assistance; 3) Rehabihtation assistance for owner-occupied units; 4) Lot Acquisition and 5) Public Housing. The program anticipates an annual allocation from the State's Trust Fund of approximately $443,002 per year. Over this three-year period ~t is estimated that approximately 60 households will benefit from th~s program. RECOMMENDATION Staff recommends approval of the Local Housing Assistance Plan for Fiscal Years 2001-2004 by adoption of Resolution #39-01. Date: April 24, 2001 Agenda Item No. ]0 ~" AGENDA REQUEST Agenda request to be placed on: __ Regular When: May 1, 2001 Description of Agenda Item: __ Special __ Workshop x Consent Approval of Resolution #39-01 adopting the State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan for Fiscal Years 2001-2004 Ordinance/Resolution Required: Q~ No Recommendation: Approval Draft Attached: ~ No City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~/No ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 RESOLUTION NO. 39-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE LOCAL HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED HERETO, ESTABLISHING A MAXIMUM COST PER UNIT, THE STRATEGIES AND INCENTIVES OF THE PLAN, THE MAXIMUM SHIP FUNDS ALLOWABLE FOR ASSISTANCE, THE MAXIMUM SHIP FUNDS FOR ADMINISTRATIVE EXPENSES, AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE CORPORATION, PROVIDING FOR AN EFFECTIVE DATE UPON APPROVAL. WHEREAS, the State of Florida under specific authority established by the William E. Sadowski Act in July 1992, established the State Housing Initiatives Partnership (SHIP) Program, which requires the City to develop a one to three year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the Act also requires the adoption of a resolution providing for 1) the maximum and average cost per unit available for eligible housing units; 2) a maximum and average of funds awarded under each strategy; 3) implementation of the strategies and incentives under the plan; 4) establishment of 10% of total allocation and 5% of program income to be spent on administrative costs of the SHIP program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the maximum cost per unit for eligible housing assistance awards pursuant to the SHIP Program may not exceed 90% of the median area purchase price for newly constructed units and existing units as established by Revenue Proclamation 94-55, United States Department of Treasury. Section 2. That during the three fiscal years covered under the Plan, the maximum award will be limited to $25,000 for very low, $20,000 for low and $15,000 for moderate income households for purchase assistance; and $25,000 maximum for very low and low income households for owner occupied rehabilitation, specific to the conditions, strategies and eligibility determination under the guidelines of the SHIP Program and this Plan. Section 3. The City finds that five percent (5%) of the Local Housing distribution is insufficient to adequately administer the SHIP Program; therefore the administrative funding shall increase, but shall not exceed ten percent (10%) as allowed by Title 67 of the Florida Administrative Code; and to include the allowable five percent (5%) of Program Income for additional administrative funding under the SHIP Program. Section 4. The City of Delray Beach is authorized to submit the Local Housing Assistance Plan to the State Housing Finance Corporation for its review and approval. Section 5. That the Mayor is authorized to execute the certifications required as a part of the Local Housing Assistance Plan on behalf of the City. Section 6. passage. That this resolution shall become effective immediately upon its PASSED AND ADOPTED in regular session on this day of ,2001. MAYOR ATTEST: City Clerk RESOLUTION NO. 39-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE LOCAL HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED HERETO; ESTABLISHING A MAXIMUM COST PER UNIT, THE STRATEGIES AND INCENTIVES OF THE PLAN, THE MAXIMUM SHIP FUNDS ALLOWABLE FOR ASSISTANCE, THE MAXIMUM SHIP FUNDS FOR ADMINISTRATIVE EXPENSES; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE UPON APPROVAL. WHEREAS, the State of Florida, under specific authority established by the William E. Sadowski Act in July 1992, established the State Housing Initiatives Partnership (SHIP) Program which requires the City to develop a one to three year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the Act also requires the adoption of a resolution providing for (1) the maximum and average cost per unit available for eligible housing units; (2) a maximum and average of funds awarded under each strategy; (3) implementation of the strategies and incentives under the plan; (4) establishment of ten percent (10%) of total allocation and five percent (5%) of program income to be spent on administrative costs of the SHIP program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the maximum cost per unit for eligible housing assistance awards pursuant to the SHIP Program may not exceed ninety percent (90%) of the median area purchase price for newly constructed units and existing units as established by Revenue Proclamation 94-55, United States Department of Treasury. Section 2. That during the three fiscal years covered under the Plan, the maximum award will be limited to $25,000 for very low, $20,000 for low and $15,000 for moderate income households for purchase assistance; and $25,000 maximum for very low and low income households for owner occupied rehabilitation, specific to the conditions, strategies and eligibility determination under the guidelines of the SHIP Program and this Plan. Section 3. That the City of Delray Beach finds that five percent (5%) of the Local Housing distribution is insufficient to adequately administer the SHIP Program. Therefore, the administrative funding shall increase, but shall not exceed ten percent {10%) as allowed by Title 67 of the Florida Administrative Code, and to include the allowable five percent (5%) of Program Income for additional administrative funding under the SHIP Program. Section 4. That the City of Delray Beach is authorized to submit the Local Housing Assistance Plan to the State Housing Finance Corporation for its review and approval. Section 5. That the Mayor is authorized to execute the certifications required as a part of the Local Housing Assistance Plan on behalf of the City of Delray Beach. Section 6. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 1st day of May, 2001. ATTEST: MAYOR Acting City Clerk - 2 - Res. No. 39-01 DELRAY BEACH F L O R I D A NI-AmedcaCity 1993 CITY OF DELRAY BEACH STATE HOUSTNG I:NI~TZATZVES PARTNERSHI:P (SHTP) PROGRAM LOCAL HOUSTNG ASS]STANCE PLAN FISCAL YEARS 3ULY 1, 200! THROUGH 3UNE 30,2004 David W. Schmidt, Mayor Alberta Perry McCarthy, Vice Mayor Patricia Archer, Deputy Vice Mayor David T. Harden, City Manager Community Development Division 100 Northwest :Lst Street Delray Beach, Florida 33444 (56:L) 243-7280 Lula Butler, Community Improvement Director Kenneth L. Thomas, Community Development Administrator Kendra Graham, Community Development Specialist 3oel Glover, Housing Rehabilitation Inspector Chevelle Hall, Program Coordinator Winston Hudson, Neighborhood Program Specialist Dennis Thompson, Housing Rehabilitation Specialist TABLE OF CONTENTS Program Description Tnterlocal Agreement Local Housing Assistance Partnership TV. Housing Strategies Strategies Participant Selection Recapture Provisions Leveraging V. Tncentive Strategies VT. Affordability VTT. Advertisement & Outreach VTTT. Timetables for Expenditures TX. X. XT. Plan Amendment Administrative Expenses Allocation of SHTP Funds by Program Year 1 3 3 4-10 10 11 11 12 14 15 16 16 17 17 XII. Housing Delivery Goals Chart Resolution Certification STATE HOUSI'NG ]'N~'T]'ATI'VE PARTNERSHI'P (SHIP) LOCAL HOUSI'NG ASSI'STANCE PLAN CI'TY OF DELRAY BEACH~ FLOR]'DA FI'SCAL YEAR 01-02 / FI'SCAL YEAR 02-03 / FI'SCAL YEAR 03-04 T. PROGRAM DESCR/PTION A. Description of Program The City of Delray Beach has adopted a Local Housing Assistance Plan to administer housing programs. This program description has been created to promote and implement the goals of the City's SHIP Program which are consistent with the goals and objectives adopted within the Housing Element of the City's Comprehensive Plan. SHIP funds, along with Community Development Block Grant (CDBG) funds will be available to develop and improve housing in the City of Delray Beach. Funds will be used to develop new single family owner occupied housing, providing housing for persons with special needs, senior citizens, assist families to purchase housing and renovate existing housing. The City intends to undertake the activities outlined in this plan for three (3) fiscal years, Fiscal Year 2001-02, Fiscal Year 2002-2003 and Fiscal Year 2003-2004. All proposed program activities are identified in the plan and are continued on an annual basis. B. Public Tnput This Local Housing Assistance Plan (LHAP) was design to help implement the five-year Consolidated Plan that is currently being utilized by the Community Development Division and local citizens. During the development of the Consolidated Plan, the local Affordable Housing Advisory Committee, consisting of representatives from financial institutions, realtors, and advocates of Iow-income residents, along with the local public housing authority, homeless providers, builders, developers and citizens provided input of the needs, concerns, goals and objectives for the use of CDBG and SHIP funds to meet the public needs. C. Support Services Delray Beach is fortunate to have numerous agencies to provide support services and assist in the implementation of the plan. Examples of available support include: · Delray Beach Community Development Corporation · Technology, Enterprise and Development (TED) Center · Habitat for Humanities · Delray Beach Public Housing Authority · Homeless Coalition Resource Committee · Community Financing Consortium, Incorporated · Delray Beach Community Redevelopment Agency · Palm Beach County Consumer Credit Counseling · Local :Initiative Support Corporation (LISC) The City shall use the funds received from the State pursuant to the State Housing Initiative Partnership (SHTP) Program in the following manner: Ninety percent (90%) of the funds shall be used by the City to implement the following locally designed strategies: (a) New Construction - Eligible sponsors and households shall be awarded funds for the construction of eligible housing for assistance with lot acquisitions, payment of impact fees and eligible costs associated with the project. (b) Acquisition/Rehabilitation - Eligible sponsors or persons may be awarded funds to acquire existing housing units for purchase and rehabilitation of existing units. (c) Rehabilitation - Very Iow-income, Iow income and moderate income persons who own and occupy substandard housing units shall be awarded funds to rehabilitate, or in the case of special needs households, to retrofit such units to improve accessibility. (d) Lot Acquisition - Assistance will be provided to acquire vacant properties for homeownership. (e) Public Housing - Funds will be utilized to acquire and/or redevelop properties owned by or adjacent to properties owned by the public housing authority. (f) Match Requirements - In order to obtain and use Federal housing grants with mandatory match requirements. All units constructed, rehabilitated or otherwise assisted with SHIP funds will be occupied by very-low-income (50% of median), Iow-income (80% of median), and moderate-income (120% of median) persons and those who have special housing needs. A minimum of thirty percent (30%) of the funding will be used by very Iow- income persons. A minimum of thirty percent (30%) will be used by Iow-income persons. An additional thirty percent (30%) will be used by moderate-income, Iow- income or very-low-income persons. The remaining ten (10%) percent is allocated for administrative costs. Special needs category is included within these percentages. 2 Not less than sixty-five percent (65%) of the funds will be used for homeownership and not less than seventy-five percent (75%) of the funds will be reserved for construction, rehabilitation or emergency repair of eligible housing. The sale price for newly constructed or existing structures, which will be rehabilitated, may not exceed $134,040 or $107,949 respectively. The average sales price for a newly constructed home is expected to be $90,000 and $85,000 for existing homes. The sales price shall never exceed ninety percent (90%) of median area purchase price as established under Revenue Proclamation 94-55, United States Department of Treasury. Based on the dollars anticipated being awarded to the City of Delray Beach and given the planning and work with local non-profit organizations that are occurring on an ongoing basis, this plan does not propose to use funds for other eligible activities during the three (3) year period. Supportive housing activities such as housing and credit counseling, tenant counseling and other supportive services needed to facilitate affordable programs will be funded by SHIP funds and other sources currently available to the City. Several local banks, non-profit agencies and one bank consortium have agreed to provide homebuyer training and credit counseling as well as first mortgage funding. Habitat for Humanity has agreed to provide a training program for the new homeowner to assist in making the transition from renter to homeownership. Zi. [NTERLOCAL AGREEMENT The Local Housing Assistance Plan does not involve an inter-local agreement. All activities are carried out within the geographic boundaries of the city limits of the City of Delray Beach. Priority for funding will be given to the Community Development Block Grant and Community Redevelopment Agency Target Areas. LOCAL HOUSING PARTNERSHIP A. Facilitation of Partnership The City of Delray Beach has formed a partnership that involves local government, lending institutions, housing developers, community based organizations and providers of professional services relating to affordable housing. The partnership includes the City of Delray Beach Community Improvement Department, the Delray Beach Community Redevelopment Agency, the Community Financing Consortium, Tnc., the Delray Beach Housing Authority, the Center for Technology Enterprise & Development, the Delray Beach Community Development Corporation and local contractors. This partnership was developed to implement a comprehensive home-building and community revitalization program. Resources from each participant in the Local Housing Partnership will be leveraged to reduce the cost of housing to very-low, Iow and moderate income homebuyers. B. Description of how resources are combined to reduce the cost of housing The participants in the Local housing Assistance Partnership provide support services to the applicants of the housing assistance programs within the City of Delray Beach. The local non-profit organizations provide credit counseling, homebuyer/homeowner workshops, budgeting seminars, computer courses and business incubation for program participants and local residents. The City's Neighborhood Program Specialist is made aware of all new homeowners for participation in their neighborhood associations as well as focused education on the workings of local government and community services provided by the City such as childcare and recycling programs. The Community Financing Consortium, ]:nc., as mortgage lender, is also providing access to credit counseling and homebuyer education along with tailored underwriting guidelines, lower interest rates and fees from banks participating in the program. The City's emphasis on "Neighborhood Stabilization" through the development of homeowner associations, enhanced code enforcement, as well as other initiatives directed at mitigating declining conditions within target neighborhoods provides the opportunities to increase the number of affordable units made available to our very-low and Iow income tenants. The City believes such efforts will assist in making these areas more attractive for in-fill housing development. ~V. HOUSZNG STRATEGZES A. Assistance Strategies Program strategies under the LHAP have been developed to be consistent with the goals and objectives of the City and residents. City staff will review encumbrances for each of the strategies on an ongoing basis as well as a review with the Affordable Housing Advisory Committee semi-annually. This Plan provides for increasing the number of homeowners and the availability of affordable housing under the following strategies to be conducted within the boundaries of the City: STRATEGY NO. 1: NEW CONSTRUCTZON-HOMEOWNERSHIP SH]:P funds will be used in Fiscal Year 2001-02, Fiscal Year 2002-03 and Fiscal Year 2003-04 to provide incentives for the construction of affordable housing for occupancy by very-low-income, Iow-income and moderate- income households. Applications will be accepted by City staff and placed on a first come first served encumbrance list within each income category. Non-profit organizations may refer individuals to the program, however, all eligibility determinations and encumbrances will be conducted by City staff. The following are two provisions under this strategy: 1. Assistance with Construction Financing - Deferred loans will provide assistance as down payment, closing cost and principle reductions for newly constructed units and will be awarded to eligible very Iow, Iow and moderate income households (incomes at or below 80% of the Area Median Tncome). The program provides second mortgages to eligible applicants to purchase newly constructed single family, townhouses and condominium homes in the designated priority areas. Loan awards will be limited to a maximum of $25,000, however individual awards will be based on the set asides for the area family income limits. Down payment assistance and principle reductions above $3,500 and under $15,000 will be in the form of a deferred 0% interest loan secured by a second mortgage / promissory note forgivable over five years, and loans over $15,000 will be forgivable over ten years (proration of the amount will occur at a rate specific to the duration of the note). Closing Cost assistance under $3,500 will be awarded as a grant and will not be subject under the program's recapture provisions. Lot Acquisition for New Construction - Assistance with the purchase of vacant, single family lots may be given to eligible sponsors or the very-low, Iow and moderate income households needing to subsidize a portion of the cost of the home or mortgage to lower the end price. Final package price for lot and construction cost may not exceed 90% of the area median purchase price. Lots acquired and provided to eligible sponsors and/or families will be conditioned on construction beginning within twelve (12) months of closing or assignment of the lot and the condition that the new unit must be purchased and occupied within twenty-four (24) months of the fiscal year in which it was acquired. Loan awards will be limited to a maximum of $25,000 for very Iow, Iow and moderate income households. ]:ndividual subsidies will be based on the set asides for the area family income limits. Down payment assistance and principle reductions above $3,500 and under $15,000 will be in the form of a deferred 0% interest loan secured by a second mortgage / promissory note forgivable over five years, and loans over $15,000 will be forgivable over ten years (proration of the amount will occur at a rate specific to the duration of the note). Closing cost assistance under $3,500 will be awarded as a grant and will not be subject under the program's recapture provisions. The selection criteria for eligible sponsors are: · designated 501(C)(3) non-profit organization under ]:RS guidelines; legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; · has a demonstrated track record and production experience in the construction and delivery of affordable housing; posses an executed agreement with the City of Delray to participate and further its goals in the delivery of affordable housing to the City's very-low, Iow and moderate income households; · that employ personnel from the WAGES and Workforce Development ~lnitiatives programs. Applicants · Applicants must be a first-time homeowner. A first-time homeowner is defined as not having owned a home during the past three (3) years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic abuse or a person displaced as a result of a governmental action; · The applicant must have an accepted contract for a home and have applied for a first mortgage with a lender; · The home to be purchased must be located in the designated targeted areas; · The purchase price of the home may not exceed 90% of the maximum sales price allowed in the SHIP program; · The applicant must have attended and completed a 4-hour Homebuyer Education class approved by the Community Development Division; · The applicant must reside in the home being assisted within twenty- four (24) months of the fiscal year in which the closing occurred. · The lender may not charge more than 2 points for loan origination fees. · The interest rate for all subsidies will be 0%. No payments will be required until the property is sold, transferred or no longer the primary residence of the homebuyer. At that time, the balance of the loan will be required according to the recapture provisions. · The SHIP subsidies can be used in conjunction with funds from private lending institutions, HOME funds and other governmental programs. STRATE(~Y NO. 2 - HO[4 EOWN ERSH ]~P ! PURCHASE ! REHABZ LZTAT]~ON SHIP funds will be used in Fiscal Year 2001-02, Fiscal Year 2002-2003 and Fiscal Year 2003-04 to provide incentives in the form of purchase 6 assistance and/or rehabilitation assistance to very-low, Iow and moderate income households in order to acquire existing units which may be in need of rehabilitation. Purchase price including rehabilitation will not exceed 90% of area median price for existing units. Loan awards will be limited to a maximum of $25,000 for very Iow, Iow and moderate income households. Individual subsidies will be based on the set asides for the area family income limits. Down payment assistance and principle reductions above $3,500 and under $15,000 will be in the form of a deferred 0% interest loan secured by a second mortgage / promissory note forgivable over five years, and loans over $15,000 will be forgivable over ten years (proration of the amount will occur at a rate specific to the duration of the note). Closing cost assistance under $3,500 will be awarded as a grant and will not be subject under the program's recapture provisions. Description of applicants/sponsor selection criteria: · designated 501(C)(3) non-profit organization under IRS guidelines; · legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; · has a demonstrated track record and production experience in the construction and delivery of affordable housing; posses an executed agreement with the City of Delray to participate and further its goals in the delivery of affordable housing to the City's very-low, Iow and moderate income households; · that employ personnel from the WAGES and Workforce Development ~nitiatives programs. Applicants · Applicants must be a first-time homeowner. A first-time homeowner is defined as not having owned a home during the past three (3) years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic abuse or a person displaced as a result of a governmental action; · The applicant must have an accepted contract for a home and have applied for a first mortgage with a lender; · The home to be purchased must be located in the City of Delray Beach jurisdiction; · The purchase price of the home may not exceed the maximum sales price allowed in the SHIP program; · The applicant must have attended and completed a 4-hour Homebuyer Education class approved by ~he Community Development Division; · The applicant must reside in the home being assisted within twenty- four (24) months of the fiscal year in which the closing occurred. · The lender may not charge more than 2 points for loan origination fees. · The interest rate for all subsidies will be 0%. No payments will be required until the property is sold, transferred or no longer the primary residence of the homebuyer. At that time, the balance of the loan will be required according to the recapture provisions. · The SHIP subsidies can be used in conjunction with funds from private lending institutions, HOIVlE funds and other governmental programs. STRATEGY NO. 3 - HOUSI'NG REHABI'L1~TATI'ON / EX:[ST:lNG OWNER-OCCUPI'ED UN:ITS SHIP funds will be used in Fiscal Year 2001-02, 2002-03, and 2003-04 to provide deferred loans of up to $25,000 to very Iow, Iow and moderate income eligible households (at or below 80% of Area Median Income adjusted for family size) to rehabilitate existing owner-occupied single family units. Rehabilitation of units will address interior and exterior building/electrical/plumbing problems, health and safety issues as well as the retrofit of items for those with special needs, upgrade major systems, and soft costs. It is assumed that no private lender moneys will be involved in these rehabilitation activities. However, in such cases, moneys from the City's general revenue funded "Bootstrap Program" or a private lender may be combined with SHIP funds to fund total cost of rehabilitative project. The loans will be in the form of a deferred 0% interest loan second mortgage / promissory note forgivable over five years for loans under $15,000 and ten years for loans over $15,000 (proration of the amount will occur at a rate specific to the duration of the note). Applicants will be taken on a first-come - first served basis from all applicants meeting the selection criteria. The selection criteria will include the following: · The home must be located in the City's municipal boundaries; · The appraised value of the home may not exceed the maximum sales price allowed in the SHIP program; · The home must not be in violation of any housing codes after rehabilitation; The SHIP funds may be leveraged with other available resources. 8 STRATEGY NO. 4 - LAND ACOU1'SI~Tt'ON PROGRAM SHIP funds will be made available in Fiscal Year 2001-02, 2002-03, and 2003-04 to acquire properties for future development by non-profit, public agencies or for profit developers. Properties will be acquired through deed and tax sales, the foreclosure of government liens and through private purchases. Properties will be sold, competitively to non-profit agencies that will use the Housing Renaissance Program for the development of the property or to for profit developers. Construction, rehabilitation, or emergency repairs must be completed either within one year immediately proceeding the date of conveyance of title or within 24 months of the close of the applicable State fiscal year. The eventual beneficiary will have a household income at or below 80% of the Area Median !ncome adjusted for household size. The City will conduct an analysis to determine whether each property should be developed by a for profit or non-profit developer. Applications from for profit agencies will be awarded competitively using criteria including, but not limited to the following: · The financial strength of the agency; · The ability of the developer to complete the development by the deadlines established by the state; · The capacity of the developer; · The features of the proposed house (s); · The marketing plan for the sale of the homes; · Whether or not the agency employs personnel from the WAGES or Workforce Development Program; · Whether the proposed housing is compatible with the neighborhood in terms of design and size; · Affordability of the home being developed. The developer must sell the completed home to an eligible family on a first-come first-served basis using the same criteria as described in Strategy I and 2. The loan for the value of the land will be at a 0% interest rate. The loan will be recaptured when the property is sold. SHIP funds can be leveraged with grants, with a total subsidy award not exceeding applicable program. STRATEGY NO. 5 - PUBLI'C HOUS]~NG Funds under this strategy will be used to redevelop properties owned by or adjacent to properties owned by the public housing authority. Funds may be used in conjunction with HOPE V! or other federal programs as part of an overall neighborhood redevelopment strategy. The strategy will be funded during the fiscal years 200:[-02, 2002- 03, and 2003-04. The program will be available to assist households with incomes at or below 80% of the Area ~4edian Income adjusted by family size. Applications will be selected competitively using the criteria, such as, but not limited to, the following: · The quality of the proposed development; · The ability of the development to revitalize a deteriorating neighborhood; · Whether or not the public housing or non-profit agency employs personnel from the WAGES or Workforce Development Program; · The amount of funds leveraged. Funding will be in the form of a deferred 0% interest loan secured by a second mortgage/promissory note forgivable over five years for loans under $15,000 and ten years for loans over $:[5,000. Or funding will be made in the form of a deferred payment loan that will be repaid when the development is sold or transferred to an eligible beneficiary. Beneficiaries will be selected on a first-come first-serve basis with priority given to public housing residents. Recipients that offer the rental housing for sale before 10 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. If another non-profit agency is not interested in purchasing the property, the property may be sold and the balance of the loan will be recaptured. SHIP funds will be used to leverage HOPE VI or other federal funds. PARTTC[PANT SELECT~ON 1. Applications for participation will be taken on specified dates if demand warrants. The initial advertised application period of April 1st of each fiscal year does not restrict individuals from making application to the program at any time. All applications will be on a first-come first- served basis within the income groups to be served. 2. ]:ncome Eligibility of households will be determined using the definition of "Annual Income" as defined under HUD 24 CFR Section 5.609(b). The guidelines will be used to verify income, assets and other information required. 3. Debt Ratio (Affordability) - Applicants will be screened on the lenders income to housing debt ratios. Housing expenses (PIT[) may exceed thirty percent (30%) of the household's income if the total financing package is approved by a primary lender. However, this amount shall not exceed thirty percent (30%) of the area median-income limits adjusted for family size for the income category. m Unit Sale Price/Purchase/Rehabilitation Costs - The purchase price of the unit will be compared against program guidelines. Only units meeting these guidelines will be eligible for assistance. RECAPTURE PROVTSI'ONS All individuals assisted with SHIP funds will be contractually subject to recapture as per the City's recapture requirements. These recapture provisions will be enforced by a note and mortgage on the property for those purchasing homes and an executed agreement between the City and the property owner for those receiving rehabilitation assistance for existing homeowners. Prior to receiving a loan award, all eligible persons or eligible sponsors shall enter into an agreement to comply with the affordable housing criteria provided under applicable sections of the Florida State Statutes and this plan. A 0% interest deferred loan award for financial assistance under any of the specified strategies of an amount greater than $3,500 will be subject to the recapture provisions. Loan awards of $3,501 to $14,999 shall be secured by a second mortgage on the property with a term of five (5) years decreasing at a rate of twenty (20%) percent per year. An award of $15,000 or more shall be secured as a forgivable second mortgage with a term of ten (10) years decreasing at a rate of ten (10%) percent per year. LEVERAGZNG The use of SHIP funds along with CDBG funds, General Revenue contributions awarded by the City, participation in the Palm Beach County HOME Consortium, leverages with private sector financing and technical support will provide the basis for increasing the supply of affordable housing for Delay Beach residents. The experience of the City's staff provides the opportunity to implement affordable housing programs on a timely basis. 11 V. ]'NCENTI'VE STRATEGI'ES The City of Delray Beach Affordable Housing Advisory Committee held meetings to review existing policies, procedures, ordinances, land development regulations and incentives in order to make specific recommendations aimed at encouraging and facilitating affordable housing while also protecting property values. The following incentives are proposed to be implemented during the fiscal years covered in this plan: Expedited Permit Process - The City has in place a "One Stop Shop" permitting process for a coordinated review and approval of all developmental applications submitted through the Building Division. The system features a fully automated application tracking software package that provides the opportunity to readily identify delays in review time from various departments within the permit process. Applications submitted for affordable housing projects will receive a label marking it as such and prioritized for review. Applications received are processed by designated persons under the approved expedited permitting process developed for this program. ]:mpact Fee Requirements (Land Development Regulations, Section 2.4.3(K) - The City has been unsuccessful in petitioning the County to waive impact fees associated with new construction of affordable housing units. The County does provide an impact fee credit for units built on a lot, which had a previous residential unit on the site. The Community Development staff provides the research on properties to identify these credits wherever possible. When no credit is applicable, the City may use SHIP funds to pay the impact fees. The City has adopted a policy for the waiver of building, paving, irrigation and plan review fees for affordable units. This has generated a savings to the homeowner estimated at $1,200 in permit fees per unit. w Allowance of ]:ncreased Density Levels (Comprehensive Plan, Housing Element, Policy C-3.1) - The Housing element provides for increases to density when it can be demonstrated that such increases will lead to an affordable unit, provided that other policies of the Comprehensive Plan are met. The Land Development Regulations allow for increased densities in planned unit developments on a case by case basis. This does not apply to in-fill housing and the lack of large vacant parcels makes this incentive limited in its effect. Reservation of ]:nfrastructure Capacity (Comprehensive Plan, Housing Element, Policy A-2.3) - Infrastructure facilities currently exist throughout the entire city. However, where there are visible signs of deterioration, Comprehensive Plan policy provides for prioritization in scheduling necessary improvements. As each year's infrastructure 12 improvement schedule is prepared, priority is given to neighborhoods with concentrations of infrastructure deficiencies. Reduction of Parking and Set Back Requirements - (Land Development Regulations, Section 4.6.9(C) - Current regulations require two parking spaces per dwelling unit in Single Family Zoning Districts. As an incentive to affordable housing, one of the required parking spaces may be located within the side set back within one foot of the property line, provided the impervious area used for parking is sloped to drain on the lot being developed. This incentive will provide a cost reduction of approximately $500 per unit. The allowance of side set back parking improves the appearance and traffic flow by reducing haphazard street parking. Establish a process by which impact of new policies, procedures, ordinances and regulations on the cost of housing are reviewed prior to approval (Resolution Number 19-94, Affordable Housing :Incentive Plan) - Aside from contributing input to the writing of the City's Local Housing Assistance Plan, the affordable Housing Advisory Committee continues to meet on a quarterly basis to discuss all policies, procedures and regulations which have the potential to impact the cost or supply of affordable housing. The committee has contributed greatly to the City's affordable housing program in providing expertise and suggestions on the overall functioning of the program as well as to review the factors involved in increased cost of housing. Preparation of a printed inventory of locally owned public lands suitable for affordable housing (Resolution Number 19-94, Affordable Housing :Incentive Plan) - The Planning Department has compiled a complete list of City owned lands of 3 acres or more along with available single family lots. The Community Redevelopment Agency maintains a list of vacant parcels, which they own or have under contract suitable for in- fill residential construction. These lists are made available to the public, private developers and non-profit agencies. Reduction of Landscape Requirements (Land Development Regulations, Section 4.6.16(H) The current requirements at Section 4.6.16(H) for Single Family housing is that 20% of all pervious lot area be planted in shrubs and ground cover and the remaining 80% of the area be planted in turf. :In support of projects participating in the City's Affordable Housing Programs the requirements of the landscape code are to be reduced to allow for only 10% of the pervious single family lot area be planted in shrubs and ground cover and that they be installed in the front and side setbacks. :It is estimated that the $1200 will be reduced from the cost of producing one unit. 13 VT. AFFORDABZLITY For the purpose of determining eligibility and affordability under the SHIP Program, the following Florida Housing Finance Corporation 200:1 area income limits adjusted to family size for the City of Delray will be used: Number of Persons in Household Table A Set Aside :1 2 3 4 5 6 7 8 50% 19~800 22~650 25~450 28~300 30~550 32~850 35~:100 37~350 80% 3:1~700 36~200 40~750 45~300 48f900 52f500 56~:150 59~750 :120% 47~520 54~360 6:1f080 67~920 73f320 78~840 84~240 89~640 *Subject to annual changes by HUD Affordability is defined as meaning that monthly PITI payments should not exceed thirty percent (30%) of adjusted area median income limits for the applicable income category (per Table A). However, PITI may exceed thirty percent (30%) if a first institutional mortgage lender deems that a household can afford more than the thirty percent (30%) benchmark. A. Assistance Requirements Homes which are purchased under the SHIP Program may not have a sales price that exceeds $134,040 for newly constructed units or $:107,949 for existing structures which may be purchased and rehabilitated. Under no circumstances may the sales price or appraised value at, er purchase and rehabilitation exceed ninety (90%) percent of median area purchase price as established under Revenue Proclamation 94-55, United States Department of the Treasury. The maximum award of SHIP funds may not exceed $25,000 per unit. The maximum ceiling includes the aggregate of SHIP awards for purchase assistance and/or rehabilitation assistance, which may be used in combination to provide housing to an eligible household. 14 All loans issued from SHIP funds have a maximum length of ten (10) years. m All units constructed, rehabilitated or otherwise assisted with SHIP Program funds must be occupied by persons who are very Iow, Iow and moderate income households or persons with special housing needs. m Units constructed or rehabilitated with SHIP funds and sold to homebuyers will be subject to the City's subsidy recapture provisions. Sm The City ensures that the Local Housing Partnership eligible sponsors and the City shall not discriminate in the loan application process of eligible persons for eligible housing on the basis of race, creed, religion, color, age, sex, marital or familial status, national origin or handicap in the loan application process for eligible housing. m SHIP funds may not be used as a pledge for debt service on bonds or as rent subsidies. m Subordination of the City's Second Mortgage position will be done according to the Subordination Policy Agreement. VII. ADVERTISEHENT AND OUTREACH Annually, the City conducts a Community Needs Assessment Meeting whereby the public is invited to attend and provide input on how program funds should be allocated. On May 11th and .lune 14th, the Needs Assessment Meeting and Community Forum were held and from the participants involved, it was the general consensus that Housing Rehabilitation for Owner-Occupied units and Homeownership Programs should continue along with the remaining strategies. The Community Development Division will advertise the availability of the Local Housing Assistance Program at least thirty (30) days prior to the beginning of the application period, at periodic intervals throughout the year. The availability of funds will be advertised in a local newspaper including the free throw-aways available to residents, established homeowner association newsletters, churches located in the CDBG target area, and other organized methods that may be available. Additionally, staff will be responsible for the development of flyers describing the program to disseminate to various organizations and agencies including the Delray Beach Housing Authority, Habitat for Humanity and the non-profit local based Community Development Corporations. 15 VIII. TIMETABLE FOR EXPENDITURES FY 01-02 Advertise Availability of FundsApril 2001 Begin Applications (On-going) May 2001 Start Program Year July 2001 Strategy Review (Mid Year) Dec 2001 Strategy Review (End Year) .lune 2002 Encumber Funds .lune 2002 Expend Funds June 2004 Annual Reports .luly 2002 FY 02-03 Advertise Availability of FundsApril 2002 Begin Applications (On-going) May 2002 Start Program Year .luly 2002 Strategy Review (Mid Year) Dec 2002 Strategy Review (End Year) June 2003 Encumber Funds .lune 2003 Expend Funds June 2005 Annual Reports July 2003 FY 03-04 Advertise Availability of FundsApril 2003 Begin Applications (On-going) May 2003 Start Program Year .luly 2003 Strategy Review (Mid Year) Dec 2003 Strategy Review (End Year) June 2004 Encumber Funds .lune 2004 Expend Funds June 2006 Annual Reports July 2004 IX. PLAN AMENDMENT SHIP funds will be encumbered within twelve (12) months of the end of the fiscal year in which they are received, A Plan amendment is called for if a Plan strategy is added or deleted. Plan amendments will be submitted to the Florida Housing Finance Corporation within twenty-one (21) days after adoption. Amendments will not take effect until approved by the State, Corrections to income limits or amount of funds committed to each strategy will be made by a budget-adjustment. Any such corrections will be submitted to the Florida Housing Finance Corporation upon effective acceptance. The City shall notify the Florida Housing Finance Corporation promptly if the City will be unable to comply with the provisions of the Plan. 16 X. ADMIN]'STRATIVE EXPENSES The Community Improvement Department's Community Development Division will be responsible for the administration of the Local Housing Assistance Plan. The City of Delray Beach has determined that it is necessary to use 10% of the SHIP allocation during the three (3) year period for administration. The additional 5% of program income allowed for administrative expenses will be added to the amounts for administrative expenses as received. The funds will be used to fund positions, which will be directly responsible for the administration of the SHIP Program. The positions will function as a Housing Administrator and Staff Assistant to develop and coordinate the specific programs and policies approved under the Housing Element of the City's Comprehensive Plan. X]:. ALLOCATION OF S.H.I.P. FUNDS BY PROGRAM YEAR FISCAL YEAR 2001-02 ANNUAL ALLOCATION $443,002 NEW CONSTRUCTION/LOT E[NANCING ** Avg. Amount of Assistance per Unit ($15,000) Avg. Cost per Unit ($89,000) Number of Units Assisted $105,000 7 HOrvlEOWNERSHIP/REHABILITATION Avg. Amount of Assistance per Unit ($15,000) Avg. cost per Unit ($85,000) Number of Units Assisted $85,000 5 HOUSING REHABILITATION Avg. Amount of Assistance per Unit ($20,000) Number of Units Assisted $140,000 7 LAND ACQUISITION Avg. Cost per lot ($14,000) Number of Unit Assisted $28,000 2 ADMINISTRATION Salary $40,100 Admin Expenses $ 5,000 $45,100 17 FISCAL YEAR 2002-03 ANNUAL ALLOCATTON $443,002 NEW CONSTRUCTION/LOT FINANCING ** Avg. Amount of Assistance per Unit ($15,000) Avg. Cost per Unit ($89,000) Number of Units Assisted $75,000 HOMEOWNERSHIP/REHABILITATION ** Avg. Amount of Assistance per Unit ($15,000) Avg. Cost per Unit ($75,000) Number of Units Assisted $75,000 HOUSING REHABILITATION Avg. Amount of Assistance per Unit ($20,000) Number of Units Assisted $140,000 7 PUBLIC HOUSING Avg. Amount of Assistance per Unit ($20,000) Number of Units Assisted $100,000 5 ADMINISTRATIVE Salary/Employee Benefits $40,100 Admin Expenses (Training/Supplies etc.) $ 5,000 $45,100 FISCAL YEAR 2003-04 ANNUAL ALLOCATION $443,002 NEW CONSTRUCTION/LOT FINANCING Avg. Amount of Assistance per Unit ($15,000) Avg. Cost per Unit ($89,000) Number of Units Assisted $ 90,000 6 HOMEOWNERSHIP/REHABILITATION Avg. Amount of Assistance per Unit ($15,000) Avg. Cost per Unit ($90,000) Number of Units Assisted $105,000 7 HOUSING REHABILITATION Avg. Amount of Assistance ($20,000) $100,000 18 Number of Units Assisted 5 PUBLIC HOUSING Avg, Amount of Assistance per Unit ($20,000) Number of Units Assisted $ 50,000 50,000 2 LAND ACQUISITION Avg. Cost per lot ($14,000) Number of Units Assisted $ 50,000 3 ADMINISTRATION Salary $40,100 Admin Expenses (training/Supplies etc.)$ 2,000 $ 42,100 NOTE: Averages projected reflect amount per year/per each individual strategy. The averages projected in the narrative are a collective average for the three (3) fiscal years by strategy. 19 o o o 8888 'U 8 0 0 0 0 0 0 0 0 88o°8 8888 'U CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government: Delray Beach County/City (1) The local govemment will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available oppommity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP fimds as well as moneys generated from activities such as interest eamed on loans. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. 13) An interlocal entity shall have its local housing assistance trust fund separately audited May 29, 1998 for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. Page 2 Certification (14) (15) (16) (17) SHIP funds will not be pledged for debt service on bonds or as rem subsidies. Developers receiving assistance from both SHIP and the Low Ircome Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requkements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements. Witness Chief Elected Official Witness David W. Schmidt, Mayor Type Name and Title Date OR Attest: (Sea ) May 29, 1998 I:ITY OF OELRI:IY BEI:II:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Ali. America City DATE: 993 FROM: MEMORANDUM April 18, 2001 City Commission Susan A. Ruby, City Attomey SUBJECT: Jesner Exanor v. City of Delray Beach and James Edward Schmidt The purpose of this memorandum is to call for a closed attorney-client session pursuant to Florida Statutes §286.011(8) for the May 1, 2001 City Commission meeting to discuss settlement negotiations and strategy related to litigation expenditures in the above case. Law requires strict compliance with Florida Statutes §286.011(8). Therefore, prior to the commencement of the closed attorney-client session, the Mayor should read the following: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes §286.011(8) in the case of Jesner Exanor v. City of Delray Beach and James Edward Schmidt. The estimated length of the closed session shall be 15 minutes. The following persons will be attending: Mayor David Schmidt, Commissioners Pat Archer, Alberta McCarthy, Jeff Perlman and Jon Levinson, City Manager David Harden, City Attorney Susan Ruby, attorney Kent Pratt and a certified court reporter." After the closed session is over, the Mayor should announce that the regular meeting is reopened, and the closed session is terminated. By copy of this memorandum to David Harden, our office requests that the agenda be prepared giving reasonable public notice of the time and date of the closed attorney-client session for May 1,2001 and that the agenda item include the name of the case, the names set forth above of those persons attending the session, and identify the item as a closed door session pursuant to Florida Statutes {}286.011. Our office will arrange for a court reporter to be present as required by statute. Attached is a copy of Fla. Stat. {}286.011. SAR:jw ~ cc: David Harden, City Manager Barbara Garito, Acting City Clerk FSA § 286.011, Public meetings and records; public inspection; criminal and civil penalties Page 1 *32062 West's F.S.A. § 286.011 WEST'S FLORIDA STATUTES ANNOTATED TITLE XIX. PUBLIC BUSINESS CHAPTER 286. PUBLIC BUSINESS; MISCELLANEOUS PROVISIONS Current through End of 2000 2nd Reg. Sess. 286.011. Public meetings and records; public inspection; criminal and civil penalties (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. *32063 (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility Copyright (c) West Group 2001 No claim to original U.S. Govt. works FSA § 286.011, Public meetings and records; public inspection; criminal and civil penalties Page 2 or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. *32064 (e) The transcript shall be made part of the public record upon conclusion of the litigation. CREDIT(S) 1999 Main Volume Amended by Laws 1991, c. 91-224, ~ 33; Laws 1993, c. 93-232, ~ 1, eft June 30, 1993; Laws 1995, c 95-148, ~ 210, eft July 10, 1995; Laws 1995, c 95-353, 3~ 1, eft June 17, 1995. HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1999 Main Volume Derivation: Laws 1985, c. 85-301, § 6. Laws 1978, c. 78-365, § 1. Laws 1971, c. 71-136, § 159. Laws 1967, c. 67-356, § 1. Laws 1967, c. 67-356, enacting this section, provided in § 2 that the Act should become effective on July 1, 1967. The Act did not become law until subsequent to the specified date. O.A.G. 067-49 dated Aug. 10, 1967, recites that under these circumstances the specific effective date provision must be disregarded and that the general effective date for the 1967 regular session applies. Laws 1971, c. 71-136, § 159, made the offense defined by subsec. (3) of this section a "misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083" in lieu of punishment by a maximum fine of $500 or maximum imprisonment in the county jarl of 6 months, or both such fine and imprisonment. Laws 1978, c. 78-365, provided for punishment altematively under § 775.084 in subsec. (3), and added subsecs. (4) to (7). (d) The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the Laws 1985, c. 85-301, § 6, eft. June 20, 1985, inserted subset. (3)(a), designated existing subset. (3) as subsec. (3)(b), and in subset. (3)(b), inserted "knowingly". Laws 1991, c. 91-224, a rev~ser's bill, modified provisions for punishment of misdemeanors as contained m this section Copyright (c) West Group 2001 No claim to original U.S. Govt. works FSA § 286.011, Public meetings and records; public inspection; criminal and civil penalties Page 3 by deleting reference to punishment pursuant to § 775.084 to conform with Laws 1988, c. 88-131 whxch deleted all references to m~sdemeanors from § 775.084. Laws 1993, c. 93-232, § 1, eff June 30, 1993, added subsec. (8). Laws 1995, c. 95-148, a reviser's bill, removed gender- specific references applicable to human beings without substantive changes in legal effect. Laws 1995, c. 95-353, § 1, eff. June 17, 1995, in the section heading, inserted "criminal and civil"; in subset. (1), added the second sentence, relating to notice of meetings; and in subsec. (3), added par. (c), relating to conduct occurring outside the state. Copyright (c) West Group 2001 No claim to original U.S. Govt. works