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Agenda Reg 09-17-02City of Delray Beach Regular Commission Meeting Tuesday. September 17, 2002 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33~.~.~. Phone: (561) 243-7000 Fax: (561) 243-3774 RULF.,8 FOR PUBLIC PARTICIPATION '1. PUBLIC COMMgNT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Be Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. 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 SHRRT: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sigu 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 THR COMMISSION: At the appropriate time, please step up to the podium and state your name and address for thc record. All comments must be addressed to thc Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall bc barred by the presiding officer from speaking further, unless permission to continue or again address thc Commission is granted by a majority vote of thc Commission members present. APPgLLATI~ PROCRDURF~ Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a chsability an opportunity to partidpate in and enjoy the benefits of a service, program, or acuvity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. INVOCATION. PLEDGE OF AI,I,~GIANCE TO THE FLAG. AGENDA APPROVAL APPROVAL OF MINUTES: September 3, 2002 - Regnhr Meeting September 10, 2002 - Special Meeting PROCLAMATIONS: Ao B. C. D. Recognizing and Commending Matthew Boyar - Ocean Rescue Division Recognizing and Commending the Delray Beach Ocean Rescue Competition Team Unity in the Community Month - October 2002 Walk Our Children to School Day - October 2, 2002 PRESENTATIONS: A. None CONSENT AGENDA: City Manager Recommends Approval. A0 RESOLUTION NO. 71-02: Approve the abandonment of the 16' north-south alley within the Blank-Nichols Subdivision together with the 16' north-south alley running through the center of the north 87.5 feet of the south half of Block 120, Town of Delray Plat, for the proposed Meridian mixed-use development. B0 INDEPENDENT CONTRACTOR AGREEMENT/FIRST NIGHT 2003: Approve an agreement between the City and Katherine Smith in the mount of $3,000.00 for management and administrative services for the First Night 2003 Event. Co FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM {FRDAP) GRANTS/CATHERINE STRONG CENTER & BARWICK PARK: Authorize the acceptance of two (2) grants from Florida Recreation Development Assistance Program (FRDAP); Catherine Strong Center grant in the amount of $107,250.00 for tennis courts and Barwick Park grant in the amount of $50,000.00 for playground equipment. Do HOLIDAY TREE EXHIBIT AGREEMENT: Approve an agreement between the City and Joint Venture delineating responsibilities for the Holiday Tree Exhibit. -2- 09-17-2002 F0 IN-LIEU PARKING FEE AGREEMENT/MERIDIAN; Approve an agreement between the City and Mallory II, L.L.C. for the Meridian regarding the refund of in-lieu parking fees if construction of additional parking occurs on the newly acquired parcel adjacent to the subiect property. SPECIAL EVENT REOUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for October 17, 2002 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of City stages. EXTENSION TO JEG ASSOCIATES AGREEMENT; Authorize and approve aa extension to the agreement between the City and JEG Associates for the Southwest Area Neighborhood Redevelopment Plan until September 30, 2002 and expand the scope of services. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve Housing Rehabilitation grant\contract award through Community Development Division in the amount of $20,758.50 to Henry Haywood 024 SW 112 Avenue). Funding is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant). TRI-PARTY AGREEMENT/FIRST NIGHT 2003: Approve an agreement between the City, Joint Venture, and Old School Square and proposed budget for the First Night 2003 Event. AWARD OF BIDS AND CONTRACTS: Purchase award to United Compressor in the amount of $34,161.25 for the purchase of a Self Contained Breathing Apparatus Air Compressor and Fill Station under the Palm Beach County Bid #01-192/CB. Funding is available from 334-6112-519-64.90 (Other Machinery/Equipment). Bid award to Florida Network Tours, Inc. in the total amount of $50,710.00 for bus rental and driver service. Funding is avulhble from 001-4106-572-44.90 (Summer Camp), 001-4121-572-44.90 (Special Events), 0014105-572-44.90 (Afterschool Program), 115-4912-572-55.30 (Rocks Football Away Games), and 001-4121-572-55.30 (Rocks Football Home Games). Bid award to Oceanside Beach Service in the amount of $3,916.00 per month for beach cabana service. -3- 09-17-2002 9. REGULAR AGENDA: WAIVER REQUEST TO REDUCE OPEN SPACE REOUIREMENT/DUVAIJ, PLACE; Consider a request to waive LDR Section 4.4.15(1~(2) to reduce the required 10% open space to $.1% open space for Duvall Place, a proposed eight ($) unit townhouse/condominium project located on the west side of S.E. 6~ Avenue, approximately 147 feet south of S.E. 1't Street. ((2uas~-Judl'Cl'al Bo FUNDING FOR SPECIAL EVENTS & CHARITABLE ORGANIZATIONS: Consider approval of the recommended funding allocations for special events and charitable organizations for FY 2003. Co FLORIDA LEAGUE OF CITIES/CONSTITUTIONAL CHALLENGE pARTICIPATION; Consider a request for the City of Delray Beach to partidpate in a lawsuit to challenge the constitutionality of the Police Officers' Presumption (SB 108). SPECIAI~, EVENT/HOUDINI: Consider approval of spe68l event request to allow the Houdini Packing Crate Escape to be held on October 26, 2002 at 5:00 p.m., including a temporary use permit per LDR Section 2.$.6(~-I) for the use of Veterans Park, and authorize staff support for security, EMS assistance, barricading, and signage; contingent on the sponsor paying all City costs and the receipt of a hold harmless agreement. Eo REOUEST TO REDUCE LIENS/EDWIN IVY: Consider a request to reduce liens on a vacant lot acquired by Edwin Ivy located in the 300 Block of N.W. 5~ Avenue. The liens currently total $2,792.99; Mr. Ivy is prepared to pay the remaining lien of $1,696.04, which includes the City's out-of-pocket expenses. REOUEST TO REDUCE LIENS/RAY MITCHEIJ.: Consider a request to reduce liens on a vacant lot acquired by Ray Mitchell located on S.E. 6~ Street. The liens currently total $1,329.11; Mr. Mitchell is prepared to pay the remaining lien of $752.43, which includes the City's out-of-pocket expenses. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider acceptance of the actions and decisions made by the Land Development Boards for the period September 2, 2002 through September 13, 2002. LOAN REPAYMENT REQUEST/EPOCH: Consider a request from Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) regarding payment of the loan balance due to the City. I. CITY ATTORNEY EVALUATION. J. CITY MANAGER EVALUATION. -4- 09-17-2002 10. PUBLIC HEARINGS: ORDINANCE NO. 41-02: An ordinance rezoning from RM (Multiple Family Residential - Medium Density) to CF (Community Facilities) a parcel of land located on the east side of Gleason Street, approximately 450 feet south of East Atlantic Avenue 09 Gleason Street); associated with the First Presbyterian Church of Delray Beach. (Ouasi-Ju&'c~'al Hearir, g) Bo RESOLUTION NO. 75-02 flVIII-I-&GE LEVY).: A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance, and for payment of principal and interest on bonded indebtedness for FY 2003. RESOLUTION NO. 76-02 (IVIII.I-&GE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2003. Do RESOLUTION NO. 77-02 (FY 2005 BUDGET ADOPTION).: A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2002 thorough September 30, 2003. APPROVAL OF F1VIg yEAR C,,APITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan and FY 2003 Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. ORDINANCE NO. 38-02: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regtji~r Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 1.6% for FY 2003. Fo ORDINANCI~ NO. 39-02; An ordinance amending Chapter 52, '%rater" of the City Code of Ordinances by amending Section 52.34, 'Water Rates", to provide for increased residential, nonxesidential~ and irrigation rates for FY 2003. ORDINANCE NO. 40-02: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased residential and nonresidential/commercial rates for FY 2003. ORDINANCE NO. 43-02: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by enacting Subsection (M), "Early Retirement Incentive" to establish an early retirement incentive program for eligible employees. 09-17-2002 11. 12. 13. ORDINANCE NO. 44-02 (FIRST READING/FIRST PUBLIC HEARING); An ordinance amending thc Land Development Regulations Section 4.4.21(H) and Section 4.3.4(K) "Development Matrix" relating to thc open space requirements for properties zoned CF (Community Facilities) located within the West Atlantic Avenue Redevelopment Area. If passed, a second public hearing will be scheduled for October 1, 2002. Jo ORDINANCE NO. 45-02 (FIRST READING/FIRST PUBLIC HEARING); An ordinance amending the Land Development Regulations Section 4.3.2 "Prohibited Uses" and Section 4.3.3(DD) to provide for the prohibition of the sale of drug paraphernalia and thc operation of drug paraphem~li~ businesses. If passed, a second public hearing will be scheduled for October 1, 2002. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: ORDINANCE NO. 46-02: An ordinance amending Chapter 33, "Police and Fire Depa~i~,,ents" Sections 33.20 - 33.67, of the City Code of Ordinances to change the term "Fire Depa~xent" to "Fire-Rescue" Depaximent to accurately reflect work performed. If passed, a public hearing will be scheduled for October 1, 2002. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: SEPTEMBER t3, 2002 09-17-2002 SEPTEMBER 3~ 2002 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, September 3, 2002. Roll Call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - Also present were - None David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk e South. The opening prayer was delivered by Reverend Richard Evans with Abbey Delray The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mayor Schmidt noted that Item 8.C., Resolution No. 71-02 be pulled from the Consent Agenda. Also, Mayor Schmidt noted an amendment to Exhibit "A" for Item 8.D., Downtown Horse & Carriage~ Inc. Agreement of the Consent Agenda. Ms. McCarthy 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. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mr. Perlman moved to approve the Minutes of the Regular Meeting of August 20, 2002, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to approve the Minutes of the Special Meeting of August 27, 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. e PROCLAMATIONS: Sickle Cell Awareness Month - September 2002 Mayor Schmidt read and presented a proclamation hereby proclaiming the month of September 2002 as Sickle Cell Awareness Month. Hal Benson, consultant for the Sickle Cell Foundation of Palm Beach County, Inc., came forward to accept the proclamation. He expressed his gratitude and appreciation for the proclamation. Secondly, Mr. Benson stated late Friday evening he received an email from the Department of Health and Human Services and they are one of fifteen areas that have been chosen for a $200,000 grant to provide early detection treatment and prevention services in conjunction with the children's medical services in the Joe DiMaggio Hospital Center. 6oBo Kids Day America/International - September 28, 2002 Mayor Schmidt read a proclamation hereby proclaiming September 28, 2002 as Kids Day AmericaYIntemational in the City of Delray Beach. 6oCo Breast Cancer Awareness Month - October 2002 Mayor Schmidt noted a proclamation recognizing the month of October 2002 as Breast Cancer Awareness Month and October 18, 2002 as Mammography Day. PRESENTATIONS: 7oAo Recoenition - Palm Beach County Commissioner Addie Greene Mayor Schmidt stated he thought it appropriate as the Commission has its first public hearing regarding the budget this evening to recognize Palm Beach County Commissioner Addie Greene. Mayor Schmidt stated Commissioner Greene has done an exemplary job in working with Delray Beach. Mayor Schmidt stated of her allocation of gas tax money, Ms. Greene is giving $500,000 this year to Delray Beach which will be applied towards road projects. The City had this money budgeted so now it will free up this money so that other projects can be done that otherwise the City would not be able to do without her support. Mayor Schmidt stated this includes $200,000 for the Spady Museum and their amphitheatre, $205,000 to redo the athletic fields at Plumosa Elementary School, and $100,000 that will go towards the parking garage at the library site. On behalf of the City Commission and the City, Mayor Schmidt recognized and thanked Commissioner Greene for being a good partner in working with the City of Delray Beach. Addie Greene, Palm Beach County Commissioner, stated she enjoys working with the City of Delray Beach and stated she highly respects Mayor Schmidt. In addition, Ms. Greene thanked Mayor Schmidt for hosting The Palm Beach County Black Elected Officials 2nd -2- 9/03/02 Annual Black Tie Gala this year in Delray Beach. 8_. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/GLEASON STREET VILLAS: Approve the subdivision plat for Gleason Street Villas, located on the west side of Gleason Street, approximately 1,200 feet south of East Atlantic Avenue. 8.B. FINAL SUBDIVISION PLAT APPROVAL/ROYAL COMMERCIAL PARK OF DELRAY PLAT NO. 2: Approve the subdivision plat for Royal Commercial Park of Delray Plat No. 2, located on the east side of Congress Avenue, approximately 290 feet north of West Atlantic Avenue. 8.C. RESOLUTION NO. 71-02: Approve the abandonment of the 16' north-south alley within the Blank-Nichols Subdivision together with the 16' north-south alley nmning through the center of the north 87.5 feet of the south half of Block 120, Town of Delray Plat, for the proposed Meridian mixed-use development. The caption of Resolution No. 71-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL OF THE 16oFOOT ALLEY LYING WITHIN BLANK-NICHOLS SUBDIVISION (PB 13, PG 28) TOGETHER WITH,A 16-FOOT ALLEY RUNNING THROUGH THE CENTER OF THE NORTH 87.5 FEET OF THE SOUTH HALF (S V2) OF BLOCK 120, TOWN OF DELRAY, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 71-02 is on file in the City Clerk's office.) This item has been withdrawn by the applicant. 8.D. DOWNTOWN HORSE & CARRIAGE~ INC. AGREEMENT: Approve an agreement between the City of Delray Beach and Downtown Horse and Carriage, Inc. for horse and carriage rides along Atlantic Avenue from November 22, 2002 through January 1, 2003. 8.E. DELRAY YOUTH ENRICHMENT DEVELOPMENT CENTER~ INC. AGREEMENT: Approve the sub-recipient agreement for funding in the amount of $150,000.00 with the Delray Youth Enrichment Development Center, Inc. d/b/a Delray Youth Vocational Charter School under the 2001-2002 Community Development Block Grant (CDBG) Program. 8.F. PALM BEACH COUNTY FUNDING AGREEMENT: Approve a funding agreement with the Palm Beach County Board of County Commissioners for reimbursement up -3- 9/03/02 to the amount of $100,000.00 to off-set renovation costs associated with the Delray Beach Teen Central Project. 8.G. ARCHITECT AGREEMENT/WARD NORTHUP: Approve an agreement between the City of Delray Beach and Ward Northup in the amount of $46,500.00 for the needed improvements at the municipal golf course. Funding is available from 445-4761-572-31.30 (Delray Beach Municipal Golf Course Fund/Engineering/Architect). 8.H. MONTEREY HOUSE LEASE AGREEMENTS: Approve a Second Restated Lease and Restated Sublease for the property known as the Monterey House to reflect changes in rent, repair, and replacement fees of each party to the lease agreement. 8.1. HOLD HARMLESS AGREEMENT/SUNDY ESTATES, L.C.: Approve a Hold Harmless Agreement between the City of Delray Beach and Sundy Estates, L.C. for the installation of a conduit within the City's right-of-way. 8.J. HOLD HARMLESS AGREEMENT/FIDELITY FEDERAL BANK & TRUST: Approve a Hold Harmless Agreement with Fidelity Federal Bank and Trust for the installation/construction of a brick paver sidewalk within the State and City right-of-way along S.E. 5th Avenue and S.E. 1 st Street, under the Florida Department of Transportation permit. 8.K. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for one (1) eligible applicant/family in the amount of $18,950.00 for 729 S.E. 2nd Avenue. This brings the number to 148 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-83.01 (SH~P Program). 8.L. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve Housing Rehabilitation grant\contract award through Community Development Division in the amount of $19,950.00 to Preston Construction, Inc. (302 Washington Avenue). Funding is available from 118-1963-554-49.19 (SH2 Housing Rehabilitation Grant). 8.M. RATIFICATION OF PARKING LOT NAMES: Ratify and approve the names of two' (2) parking lots located in the West Atlantic Redevelopment Area on S.W. 4th Avenue south of Atlantic Avenue (Frog Alley Lot) and N.W. 5th Avenue between N.W. 1st Street and N.W. 2nd Street (Sands Lot). 8.N. ADDENDUM NO. I/ROOTS CULTURAL FESTIVAL, INC. FUNDING AGREEMENT: Approve Addendum No. 1 to the funding agreement between the City of Delray Beach and Roots Cultural Festival, Inc. for a change in the expenditures of awarded funds. 8°0, REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 19, 2002 through August 30, 2002. -4- 9m3m2 8.P. AWARD OF BIDS AND CONTRACTS: 1_ Purchase award to Fluid Conservation Systems, Inc. in the amount of $54,695.00 for water main leak detection equipment. Funding is available from 441-5161-536-64.90 (Other Machinery/Equipment). 2_ Purchase award to Otto Industries, Inc. (sole provider) in the amount of $21,719.00 for 588 sixty-eight (68) gallon garbage carts. Funding is available from 433-3711-534-99.01 (Sanitation Fund/Project Reserve). Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. CONDITIONAL USE MODIFICATION REQUEST/LAKE IDA CHURCH OF CHRIST: Consider a conditional use modification request associated with thc construction of a new 600 seat sanctuary and conversion of the existing sanctuary building to a Fellowship Hall for Lake Ida Church of Christ, located at thc southwest corner of Lake Ida Road and Roosevelt Avenue. (Quasi-Judicial Hearing) Mayor Schmidt read into the record a summary of how a quasi-judicial heating is conducted by the City of Delray Beach. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-288 into the record. Mr. Dorling stated Lake Ida Church of Christ is located at the southwest comer of Lake Ida Road and Roosevelt Avenue on 5.2 acres. In August 1991, a conditional use request was approved by the City Commission for a 400 seat church facility, open air pavilion and a multi-purpose building. Phase I, which included a 9,182 square foot worship center with a 400 seat sanctuary and 150 parking spaces, was constructed in 1992. The conditional use modification request involves the construction of a new 600 seat sanctuary instead of the multi- purpose building, conversion of the existing sanctuary to a fellowship hall and the construction 9/03/02 of an additional 53 parking spaces with attendant landscaping. At its meeting of August 19, 2002, the Planning and Zoning Board held a public heating in conjunction with the request. After discussing the proposal, the Board voted 6 to 0 to recommend approval of the conditional use modification request subject to the conditions as listed in the Planning and Zoning Staff Report as well as a condition that the fellowship hall not be used simultaneously for dual worship services. Kenneth R. Carlson~ Architect, representing Lake Ida Church of Christ~ stated he is here to answer any questions the Commission may have and displayed a colored site plan. Mrs. Archer inquired about the dotted line between the two buildings on this site plan and asked if that is anticipated to be a covered walkway. In response, Mr. Carlson stated it is anticipated that there be a covered walkway between the two buildings. Ms. McCarthy commended the church and Reverend Spivey for exemplifying the criteria of the things that they were looking for in a church. Ms. McCarthy stated the maintenance both inside and outside the church is wonderful and commented that she is looking forward to seeing many good occasions held there. Mayor Schmidt declared the public hearing open. There being no one else fi.om the public who wished to address the Commission regarding the conditional use, the public hearing was closed. Ms. McCarthy moved to approve the Conditional Use Modification Request, subject to the conditions that have been agreed upon by Lake Ida Church of Christ and the City of Delray Beach, 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. 9.B. CONDITIONAL USE REQUEST/GRANITE & MARBLE DESIGNS: Consider a request for conditional use approval to allow the establishment of a monument and ornamental stone cutting facility for Granite & Marble Designs, located within the 321 Delray Plaza Building (known as Seta Building) at the northeast comer of Congress Avenue and Dr. Carol Kroll Way. (Quasi-Judicial Hearing) Mayor Schmidt read into the record a summary of how a quasi-judicial heating is conducted by the City of Delray Beach. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. -6- 9/03/02 The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-289 into the record. Mr. Dorling stated the subject property is parcel A of Lembo-Lupo Park of Commerce, and is 1.18 acres. The property is zoned Mixed Industrial and Commercial (MIC) and contains an existing 14,400 square foot industrial building with associated parking areas developed in 1984. The subject use will occupy the southem two (2) bays of the structure. At its meeting of August 19, 2002, the Planning and Zoning Board held a public hearing in conjunction with review of the request. The Board voted 6-0 to recommend that the conditional use request to establish a monument and ornamental stone cutting facility for Granite & Marble Designs be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the condition that there is no outdoor storage of material and that no element of the stone cutting business be conducted outside. John Fnrtado~ applicant, stated he is present to answer any questions the Commission may have. In addition, Mr. Furtado stated that the condition that there be no outdoor storage of material and that no element of the stone cutting business be conducted outside is satisfactory. Mayor Schmidt declared the public heating open. There being no one from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. Prior to the vote, Mrs. Archer asked if there is another stone cutting facility on the other side of the railroad tracks just north of the railroad station. In response, Mr. Dorling stated that was a conditional use that came before the Commission and was ultimately pulled. Mr. Dorling stated there are approximately 4-5 stone cutting facilities in the area. Mr. Perlman moved to approve the Conditional Use Request to allow the establishment of a monument and ornamental stone cutting facility for Granite & Marble Designs, subject to the two conditions as listed in the Planning and Zoning Staff Report, 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.C. SPECIAL EVENT/CHILDREN'S HOPE SOCIETY 5K WALK/RUN: Consider approval of special event request to allow the 1st 5K Walk/Run sponsored by the Children's Hope Society Foster Parent Association, to be held on April 13, 2003 from 7:30 a.m. until approximately 1:00 p.m., including a temporary use permit per LDR Section 2.4.6(H) for the closure of sidewalks along Ocean Boulevard and Anchor Park, and authorize staff support for traffic control and stage set up/removal; contingent on the sponsors paying any overtime costs, providing a hold harmless agreement, and a certificate of liability insurance. -7- 9~3~2 Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse the 1st 5K Walk/Run sponsored by the Children's Hope Foster Parent Association to be held on April 13, 2003 from 7:30 a.m. to approximately 1:00 p.m. Mrs. Archer asked if there will be any other events that will be held at the same time. In response, Mr. Barcinski stated that there will not be any other event held to conflict with this particular event. The Commission is requested to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of sidewalks along Ocean Boulevard and Anchor Park and to authorize staff support for traffic control. The estimated overtime cost is $125.00 which is contingent upon the sponsor paying the overtime costs and contingent upon receipt of a certificate of liability insurance and a hold harmless agreement. Mr. Levinson moved to approve the special event request to allow the 1st 5K Walk/Run sponsored by the Children's Hope Society Foster Parent Association, to be held on April 13, 2003, from 7:30 a.m. until approximately 1:00 p.m., and subject to staff's recommendations, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.D. REQUEST FOR IN-LIEU PARKING SPACES/MERIDIAN: Consider a request by the Meridian for the purchase of six (6) in-lieu parking spaces in the amount of $72,000.00. The Meridian is located in the 300 Block of S.E. 6th Avenue (Federal Highway Northbound). Paul Dorling, Director of Planning and Zoning, stated the Meridian is a proposed mixed use development located on the 300 Block of S.E. 6th Avenue (Federal Highway Northbound) consisting of 22 town homes and approximately 22, 228 square feet of office space located on the ground level. Pursuant to the Land Development Regulations (LDR) Section 4.6.9(C) 8 the development requires the provision of 111 on site parking spaces. The proposed site plan provides 105 on site parking spaces. Therefore, the applicant is requesting the purchase of six (6) in-lieu parking spaces at a cost of $12,000 each totaling $72,000 to be paid in full at the time of submission of a building permit application. Additionally, the applicant is under contract for an adjacent parcel to the southeast of the subject property to provide additional parking. This parcel will require a Future Land Use Amendment in addition to rezoning. An agreement will be entered into granting the applicant reimbursement of the in-lieu fees if construction of additional parking on the newly acquired parcel occurs. At its meeting of August 27, 2002, the Parking Management Advisory Board unanimously recommended approval of the applicant's request. Mr. Perlman asked if there have been any other requests granting the applicant a reimbursement if an applicant adds parking. In response, Mr. Dorling stated normally when a site plan comes through all of the parking is accommodated. Therefore, Mr. Dorling stated this is not a situation where the additional parking spaces may be required at a later date so consequently this situation is unique. -8- 9/03/02 Mr. Perlman stated that the applicant has to come up with $72,000 in full because there is no financing in certain areas of the CBD. Mr. Perlman stated he is not proposing that we undo this. However, Mr. Perlman feels this should be looked at because he is detecting some weaknesses in the downtown. From a timing point of view, Mr. Dorling stated if the applicant is willing to wait the six months, they could come in with a site plan which accommodates most of the parking and not have to provide any in-lieu fee at all. Mrs. Archer asked if the alley is currently being used and how much of the alley will be used. In response, Mr. Dorling stated it is a small section next to the 7-Eleven on S.E. 4th Street and S.E. 6th Avenue and is a portion that sits east of the wall that is associated with the 7- Eleven. Mr. Dorling stated the fees are associated with what it would cost to acquire land and to put a parking space in place. Mr. Perlman stated looking at it from the applicant's point of view he/she is paying that much more for the land and has to come up with additional money for parking without any option to finance. Mr. Dorling stated as a property owner, one has the option of financing it over time. However, Mr. Dorling stated as a tenant, one does not have this same option because they could be in one day and out the next day and not payout the obligation. With regard to a project like this, Ms. McCarthy stated she understands about businesses long-term and thinks this should be looked into if it becomes a problem. However, Ms. McCarthy stated when developers want to develop to the max she feels the in-lieu parking fees are reasonable since the City is in great need for parking. Mr. Levinson concurred with comments expressed by Ms. McCarthy and stated before there was a Parking Management Board, the DDA really dealt with it. Mr. Levinson stated the DDA found that many of the tenants were not making good on their Notes for the obligations that they had. Mr. Levinson continued to state it then went to the property owner as opposed to the tenant to be able to lien the property. Mrs. Archer expressed concern over some comments expressed by Commissioner Perlman about the weaknesses in the downtown. Mr. Perlman stated the downtown is an extraordinarily successful place and he would like to ensure that this continues. Mr. Perlman stated that there are some high rents and commented that because this is a sluggish economy, he feels we need to be sensitive to the fact that there are some vacancies and other businesses which are struggling. Mrs. Archer moved to approve the request by the Meridian for the purchase of six (6) in-lieu parking spaces in the amount of $72,000, subject to an appropriate agreement being entered into by the parties, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 0.E. REQUEST FOR IN-LIEU PARKING SPACES/SANDERSON BUILDING: Consider a request by the Sanderson Building for the purchase of five (5) in-lieu parking spaces in the amount of $60,000.00. The Sanderson Building is located at 630 East Atlantic Avenue. -9- 9/03/02 Paul Dorling, Director of Planning and Zoning, stated the Sanderson Building is a commercial establishment containing a restaurant and office space located at 630 East Atlantic Avenue. The proposal includes an addition of 900 square feet to accommodate the relocation of the kitchen for an existing restaurant allowing more restaurant seating and the addition of a lobby area for the offices on the second floor. Mr. Dorling stated this improvement requires five (5) new parking spaces and since the applicant is not able to provide the required spaces on site, has requested the purchase of in-lieu parking spaces pursuant to LDR Section 4.6.9(E). The cost per space in the area is $12,000 for a total of $60,000 to be paid in full at the time of submission of a building permit application. Both the Community Redevelopment Agency (at its meeting of August 8, 2002) and the Parking Management Advisory Board (at its meeting of August 27, 2002) recommended approval of the request. Mr. Levinson moved to approve the request from the Sanderson Building for the purchase of five (5) in-lieu parking spaces in the amount of $60,000, 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.F. FY 2003 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed FY 2003 golf rates for the Lakeview Golf Course. Robert A. Barcinski, Assistant City Manager, stated the proposed golf rates for fiscal year 2003 for the Lakeview Golf Course were presented to the Commission at the Workshop Meeting of August 27, 2002. Ms. McCarthy moved to approve the proposed golf rates for the Lakeview Golf Course for fiscal year 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.G. FY 2003 GOLF RATESfMUNICIPAL GOLF COURSE: Consider approval of the proposed FY 2003 golf rates for the Municipal Golf Course. Robert A. Barcinski, Assistant City Manager, stated the proposed golf rates for the Municipal Golf Course for fiscal year 2003 were presented to the Commission at the Workshop Meeting of August 27, 2002. Mrs. Archer moved to approve the proposed golf rates for the Municipal Golf Course for fiscal year 2003, 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- 9/03/02 9.H. FY 2003 TENNIS RATES/TENNIS CENTER: Consider approval of the proposed FY 2003 tennis rates for the Tennis Center. Robert A. Barcinski, Assistant City Manager, stated the proposed tennis rates for fiscal year 2003 for the Tennis Center at the Workshop Meeting were presented to the Commission at the Workshop Meeting of August 27, 2002. As a result of the Workshop Meeting, Mr. Barcinski stated two adjustments were made; those adjustments included a rate schedule for Highland Beach residents and a rate reduction for juniors. Mr. Perlman moved to approve the proposed tennis rates for the Tennis Center for fiscal year 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENTS TO THE PUBLIC ARTS TASK FORCE: Ratify four (4) members and appoint five (5) members to the Public Arts Task Force. According to Resolution No. 67-02, each member of the City Commission will appoint one (1) member to the Public Arts Task Force with the Mayor appointing a Chairperson from the membership. The appointments will be made by Commissioner Perlman (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4) and Mayor Schmidt (Seat #S). Mr. Perlman moved to appoint Dorothy Beck as a member to the Public Arts Task Force, 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. Mrs. Archer moved to appoint Carolyn Pendelton-Parker as a member to the Public Arts Task Force, 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. Mr. Levinson moved to appoint Richard McGloin as a member to the Public Arts Task Force, 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. Ms. McCarthy moved to appoint Blain De St. Croix as a member to the Public Arts Task Force, 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. Mayor Schmidt moved to appoint Digby Bridges as a member to the Public Arts Task Force, 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. -11- 9/03/02 Mayor Schmidt moved to appoint Richard McCloin as Chairman to the Public Arts Task Force. Mrs. Archer moved to ratify the appointment of Glenn Weiss, Nancy Davila, Joan Goldberg, and Diane Hervey, 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. 9.J. PURCHASE AWARD/DELRAY BEACH POLICE DEPARTMENT: Consider approval of the purchase of six (6) Panasonic Toughbook 28 computers for the Police Department. The City Manager stated Commissioner Levinson has provided him with information about other hard laptop computers. The City Manager stated staff will look at these to ensure the City is getting the best deal. Mrs. Archer stated after having had several conversations with Joe Safford, Finance Director, involving the City's website and how we are progressing with it, she suggested that the City initiate an Advisory Board particularly for technical problems. Mrs. Archer stated there are so many changes in the computer field that she feels an Advisory Board could consist of people from around the community who are active in the business. Mr. Levinson stated he feels an appropriate way to handle this would be on an informal basis. He feels the people who would end up on the Advisory Board would be people who are knowledgeable and in the industry and who have a product or service to sell. Mrs. Archer reiterated that she is simply suggesting that there be a source out there to mn technical questions by in order to have some sort of feedback as to what is going on and whether or not there might be some other avenue to pursue. For the benefit of the public, Mr. Perlman explained this item was pulled two weeks ago because the cost involved was higher than usual for laptops and therefore the Commission asked for staff to provide more information. Mr. Perlman stated the Assistant Director of Support Services stated that they had tried standard laptops but because of the adverse conditions in the field such as heat and bouncing in the vehicles displays were cracking, hard-drives were crashing and the outside cases were cracking. Mr. Perlman stated it has been suggested that the Commission purchase the hardened laptops and at the City Manager's discretion see if there is a better deal then what is being currently offered. Mr. Levinson suggested that the Commission authorize up to $33, 978.00 for the laptops and see if it can be done for less with something more acceptable, seconded 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. -12- 9/03/02 At this point, the time being 6:50 p.m. the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 38-02: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 1.6% for FY 2003. If passed, a public hearing will be scheduled for September 17, 2002. The City Manager presented Ordinance No. 38-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2003; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 38-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated this ordinance is in accordance with the City's contract with BFI to increase rates annually by the Consumer Price Index which is 1.6% for this year. Mrs. Archer moved to approve Ordinance No. 38-02 on FIRST Reading, 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. 12.B. ORDINANCE NO. 39-02: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for increased residential, nonresidential, and irrigation rates for FY 2003. If passed, a public hearing will be scheduled for September 17, 2002. The City Manager presented Ordinance No. 39-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, -13- 9/03/02 "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR INCREASED RESDENTIAL, NONRESIDENTIAL AND IRRIGATION RATES FOR FY 2003; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 39-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated there is a 7% increase in both water and sewer rates and the combined total increase is $3.53 per month for a typical single family home using 12,000 gallons. The City Manager stated the City is building the Ion Exchange component of the Water Treatment Facility this year and this will go into service about January 2004. Therefore, the City Manager stated in return for this increase in rates, the City will significantly be improving the quality of its water. Mr. Perlman noted that the Ion Facility that is being required is mandated by the Environmental Protection Agency (EPA) with no funding from the County or State. Mr. Perlman moved to approve Ordinance No. 39-02 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. 12.C. ORDINANCE NO. 40-02: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased residential and nonresidential/commercial rates for FY 2003. If passed, a public hearing will be scheduled for September 17, 2002. The City Manager presented Ordinance No. 40-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2003; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 40-02 is on file in the City Clerk's office.) -14- 9/03/02 The City Attomey read the caption of the ordinance. The City Manager stated the City is increasing its sewer charges by 7%. The total sewer bill will not increase that much because a part of the sewer charge is a charge for treatment mandated by the SCRWTDB. Therefore, the City Manager stated the net increase is actually less than 7%. Mrs. Archer moved to approve Ordinance No. 40-02 on FIRST Reading, 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. Ms. McCarthy commented about the Bootstrap Program and asked if there is a program in place that can educate the homeowners' to repair some of their plumbing problems. Ms. McCarthy commented that if this is not incorporated in the Bootstrap Program, she suggested that the City educate people through the neighborhoods and associations so that something can be done to help minimize the impact. In response, Ms. Butler stated that the Bootstrap Program is for exterior improvements only. However, Ms. Butler stated this is covered under the general rehabilitation program and noted that they can put together an educational piece to help educate people on how to conserve water. The City Manager stated the Utility Billing Division has undertaken conservation education efforts to ensure that people are not wasting water. 12.D. ORDINANCE NO. 41-02: An ordinance rezoning from RM (Multiple Family Residential - Medium Density) to CF (Community Facilities) a parcel of land located on the east side of Gleason Street, approximately 450 feet south of East Atlantic Avenue (39 Gleason Street); associated with the First Presbyterian Church of Delray Beach. If passed, a quasi- judicial public hearing will be scheduled for September 17, 2002. The City Manager presented Ordinance No. 41-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED APPROXIMATELY 450 FEET SOUTH OF EAST ATLANTIC AVENUE (39 GLEASON STREET), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-02 is on file in the City Clerk's office.) -15- 9/03/02 The City Attomey read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the First Presbyterian Church campus consists of several lots both located on the west side of Gleason Street (between Gleason Street and Bronson Avenue) and the east side of Bronson Avenue. The current request is to rezone a residential property located at 39 Gleason Street recently purchased by the church to be utilized as a facility for Christian Education. At its meeting of August 19, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. After discussing the proposal, the Board voted 6-0 (Randolph absent) to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Ms. McCarthy commended the church for keeping the facility well maintained and stated it appears the partnership is working. Mr. Perlman moved to approve Ordinance No. 41-02 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.E. ORDINANCE NO. 43-02: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by enacting Subsection (M), "Early Retirement Incentive" to establish an early retirement incentive program for eligible employees. If passed, a public heating will be scheduled for September 17, 2002. The City Manager presented Ordinance No. 43-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY CREATING A NEW SUBSECTION (M), "EARLY RETIREMENT INCENTIVE", IN SECTION 35.097; ESTABLISHING AN EARLY RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYEES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 43-02 is on file in the City Clerk's office.) The City Attomey read the caption of the ordinance. -16- 9/03/02 The City Manager stated before second reading of this ordinance staff will have to get the actuarial statement from the actuary to project future costs. Furthermore, the City Manager stated at this time there are four general employees that are eligible for this early retirement incentive. Mr. Perlman commented that the School Board had this issue come up regarding their principals and ended up loosing a third of their principals because of a similar incentive program. Mr. Perlman asked if the City is prepared in terms of replacing the talent that could retire early. The City Manager explained that the City is prepared for this scenario. Ms. McCarthy moved to approve Ordinance No. 43-02 on FIRST Reading subject to the Actuary Report, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Heatings portion of the agenda. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 37-02: An ordinance amending Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code of Ordinances to provide for a five (5) percent increase in all occupational license tax fees effective October 1, 2002. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 37-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", SECTION 110.15, "LICENSE TAX SCHEDULE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR AN INCREASE IN OCCUPATIONAL LICENSE FEES: PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public heating open. There being no one from the public who wished to address the Commission regarding Ordinance No. 37-02, the public heating was closed. -17- 9/03/02 Mr. Perlman commented that the occupational license tax fee has not been raised since August 1998. Mr. Perlman moved to adopt Ordinance No. 37-02 on Second and FINAL 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.B. RESOLUTION NO. 72-02 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2003. Prior to consideration of this resolution, a public heating has been scheduled to be held at this time. The City Manager presented Resolution No. 72-02: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PR/NCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 72-02 is on file in the City Clerk's office.) The City Attorney announced the tentative millage rate of 8.0 mills is equal to the millage for fiscal year 2002. The rolled back rate calculated under the TRIM law for operating purposes is 6.8512 mills. The tentative millage rate is 8.59% above the rolled back rate. The City Manager stated he has provided the Commission with an analysis of the impact on homestead homes throughout the City of different values. The City Manager explained since the value of homes is constrained by the "Savior Homes Amendment" they can only go up 1.6% this year. The City Manager gave an example of a home assessed at $125,000 with a $25,000 homestead exemption would see a total increase of property tax of $16 per year. Mayor Schmidt commented that he would like to see an analysis of what the City looses each year in tax revenue. 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. -18- 9/03/02 Mayor Schmidt declared the public hearing open. There being on one from the public who wished to address the Commission on this resolution, the public hearing was closed. Mr. Perlman moved to adopt Resolution No. 72-02 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 73-02 (TENTATIVE MILLAGE LEVY/DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2003. Prior to consideration of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 73-02: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 73-02 is on file in the City Clerk's office.) The City Attorney announced that Resolution No. 73-02 tentatively levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for fiscal year 2003. This tentative millage exceeds the 0.9804 rolled back rate calculated under the TRIM law by 2%. 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 on one from the public who wished to address the Commission on this resolution, the public hearing was closed. For clarification, Ms. McCarthy commented that this is an additional 1.00 mill only for property in the Downtown Development Authority (DDA). Mr. Levinson commented that this is the same rate that it has been for several The City Manager stated this has been 1.00 mill for approximately the last twelve -19- 9~3~2 Mrs. Archer moved to approve Resolution No. 73-02 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.D. RESOLUTION NO. 74-02 (TENTATIVE BUDGET ADOPTION FOR FY 2003): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2002 through September 30, 2003. Prior to consideration of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 74-02: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2002, TO THE 30th DAY OF SEPTEMBER, 2003; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 74-02 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager provided the Commission with a revised Exhibit "A" because of some changes with Weed & Seed's funding the total budget decreases approximately $8,000. The other changes are from the discussion the Commission had at the Budget Workshop Meeting of August 27, 2002. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission on this resolution, the public hearing was closed. Prior to the vote, Mr. Perlman asked if there is a surplus projected for the end of the year. In response, the City Manager stated there is a deficit of approximately $1.3 million (includes a settlement). The City Manager stated without the settlement, there would be a slight surplus of a $200,000. -20- 9/03/02 Mr. Levinson moved to approve Resolution No. 74-02 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:15 p.m. the Commission moved to Item 11, Comments and Inquiries on Non-Agenda items. ll.A. City. Manager's response to prior public comments and inquiries. In response to a prior concern expressed by Ms. Elliott about installing bus shelters in the South Swinton area, the City Manager stated in conjunction with the Metropolitan Planning Organization's (MPO) Bus Shelter Program, the City is identifying appropriate sites for the installation of bus shelters. The City Manager stated priority shelter locations will be based on the number of routes servicing a particular stop, proximity to large community and public facilities and rider ship. The City Manager stated although the intersection of Swinton and S.W. l0th Street is served by Route 70 and 80, the bus stops are on opposite sides of the bus station. The City Manager stated staff will look at the possibility of combining the stops and combining a common area which might make this a higher priority shelter location. Secondly, in response to a prior concern expressed by Ms. Wright about children trying to catch the bus in her neighborhood and the potential danger with traffic, the City Manager stated staff will make an effort to get in touch with her and see if she can identify the children she has observed. At that point, a Police Officer will speak to their parents about safety in that area. The City Manager continued to state that with regard to how the children catch the bus, there is no design problem and whether it is the bus stop or just crossing the street, the children need to learn to be careful of the traffic and only cross in a roadway when it is safe. ll.B. From the Public. ll.B.1. Bill Schwartz, 3863 Live Oak Boulevard, Delray Beach, stated the City of Delray Beach needs to be very proud of this Commission because they work hard and diligently and he feels their decisions are fair, intelligent, and researched. Mr. Schwartz stated he is very upset with recent accusations that have been made about the Commission and the kind of behavior from the public that the Commission has had to tolerate. He commended the Commission for tolerating this behavior and stated they are an exemplary Commission and deserve to get the respect that they give to the citizens. Mr. Schwartz commented about the "Pledge of Civility" plaque posted in the Commission Chambers and feels this is a great addition. 11.B.2. Alice Finst, 707 Place Tavant~ Delray Beach, expressed concern about the water issue and commented approximately fifteen years ago the City brought in specialists on how to conserve water, etc. She suggested with regard to the conservation effort, the City may want to refer to what was expressed back then as an attempt to not have to "reinvent the wheel". -21- 9/03/02 Secondly, with regard to the RFP for the Arvida property on Barwick Road, Mrs. Finst stated it was her understanding that the last week of August the proposal would be open and the public would be able to review the materials that had been provided by developers. Mrs. Finst asked the Commission if a Workshop Meeting will be scheduled to discuss this issue and she expressed interest in being part of a review committee. Mrs. Finst asked if she could have a status report that she can take back to her neighbors with regard to the RFP for Arvida. The City Manager stated the RFP's have been opened and the City has received proposals from four different firms and these are available for public inspection. Furthermore, the City Manager stated there will be a committee that will review them. At that point, the City Manager stated he will see how it precedes from there and will notify Mrs. Finst when he has a timeframe. ll.B.3. Gerry. Franciosa, 939 Eve Street, Delray Beach, stated he appreciates comments expressed by ex-Commissioner Bill Schwartz. Mr. Franciosa stated although he agrees with many decisions made by the current Commission, he does not agree with all the decisions that are made. Mr. Franciosa stated he is dismayed to see that the City is involved in a lawsuit brought on by its residents. Mr. Franciosa stated he believes many of the decisions have been fair and just but feels some decisions are being made against the majority of people especially with regard to the Atlantic High School Relocation Project. Mr. Franciosa commented that this is a "no win" situation for the City, the residents, and especially the students. Mr. Franciosa stated there were numerous people who signed petitions against the move and reiterated that it is unfortunate to see the City has to be involved in a lawsuit by its residents. Mr. Franciosa stated he is not happy about Parks situations and commented that the City is asking for an $18 million bond. Mr. Franciosa stated he does not know if the City can pay for it but feels it is up to the Commission to make these decisions. Lastly, Mr. Franciosa urged the Commission to revisit the sign ordinance regarding political signs and make it fair for all political candidates with regard to where these signs should be posted. Furthermore, Mr. Franciosa feels some candidates are getting out of control with the size and location of these signs. ll.B.4. John Bennett, 137 Seabreeze Avenue, Delray Beach, expressed concern over the political signs and commented that there is a perception that the City allegedly displayed favoritism towards some political candidates. Therefore, Mr. Bennett stated he feels the City needs to take immediate action to rebut that appearance to say this did not happen. Mr. Bennett stated he feels there need to be two things addressed and suggested that the Commission get correct information out to the public. One, Mr. Bennett stated the Commission needs to get out to people who think there was favoritism that there was not. Second, Mr. Bennett suggested that the sign ordinance be reviewed. Mr. Bennett stated previously there was discussion about the billboards and it was mentioned that the sign committee was studying the sign ordinance as a whole and he would like to know the status of this effort. -22- 9/03/02 ll.B.5. Evelyn Dobson, 130 N.W. 3rd Avenue, Delray Beach~ stated in the event that she is not present when it becomes an agenda item, Ms. Dobson stated she would like to make a recommendation regarding thc alleyways. She suggested that the Commission consider abandoning the alleyways in some of thc areas in the Northwest section of Atlantic Avenue. Ms. Dobson suggested that the City pave the alleyways and consider changing the access for trash pickup of yard waste and garbage. She feels it would leave the streets cleaner and thus the neighborhood would have a better appearance. Ms. Dobson stated in Savannah the garbage trucks pick up the garbage cans from the alleyways. 13. Comments and Inquiries on Non-Agenda Items. 13.A. Ci.ty Manager. The City Manager had no comments or inquiries on non-agenda items. 13.B. Ci.ty Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Levinson Mr. Levinson wished everyone a "Happy Rosh Hashanah" which will begin on Friday evening. Secondly, Mr. Levinson stated the Commission received a letter from the Coast Guard regarding the bridge openings. Mr. Levinson commented that he feels this may be a good thing for the Volunteer Marine Patrol to look into because he feels it is an issue particularly when boats are stacked waiting to go underneath the bridges. Mr. Levinson stated the Commission also received a letter regarding the Veteran's Cemetery and commented that Lawrence Strainge is part of a state-wide committee to help facilitate the cemetery. Mr. Levinson stated the committee has been working on this for approximately fifteen years and he would like to see the City send Mr. Strainge a letter to congratulate Mr. Strainge for working so hard. Mr. Levinson stated he had a conversation today with the City Attorney regarding the sign ordinance and commented about the political signs along with issue signs. He stated that the political signs have a bond that helps the City collect when they are not taken down. Mr. Levinson expressed concern over the signs that do not have bonds posted which he feels brings to the forefront the issue of the sign code and the sign ordinance. The City Attorney stated after her discussion with Commissioner Levinson, she had a conversation with Lula Butler, Director of Community Improvement, who is compiling a draft ordinance to make sure it is up-to-date with current law. -23- 9/03/02 Mr. Levinson stated he appreciates comments expressed by Commissioner Schwartz. Mr. Levinson stated sometimes people misconstrue things and think they are being ignored when in fact the decisions on both sides have been weighed and a decision had to be made that perhaps did not favor them. Mr. Levinson stated he feels this is not ignoring someone but instead it is making the best decision for Delray. Mr. Levinson stated at a charity auction he bought a day with Wally Amos, founder of the Famous Amos Cookie Company and announced that Mr. Amos is coming to Delray Beach on October 1, 2002. Although the details of the plans are not yet finished of what he will be doing, Mr. Levinson stated it looks as though Mr. Amos will participate with reading to the students at the Village Academy and meet with City employees to do a seminar with regard to relationships and partnerships. Mr. Levinson suggested that staff show Mr. Amos the Community Child Care Center and present him with a proclamation thanking him at the Regular City Commission Meeting of October 1, 2002. Mr. Levinson suggested that the City hold a community-wide cookie bake from 6:30-7:30 p.m. with Mr. Amos. 13.C.2. Commissioner McCarthy Ms. McCarthy commented that it is good to see Mr. Schwartz. Secondly, Ms. McCarthy commented about a concern expressed by Rosetta Rolle and stated the back of her complex where it abuts N.W. 2nd Avenue in the residential area, there are some overgrown trees so when people are walking they have to navigate through there. Ms. McCarthy stated that Mrs. Dobson who spoke this evening is the President of the West Settlers' Association and commented that the paving of the alleyways was something that was requested a few times at a special meeting that was held with regard to what they would like to do with the historic area. Also, during that meeting, Ms. McCarthy stated the majority of people there were not aware of the existing procedure about the abandonment of alleyways. Ms. McCarthy stated she would like to see the procedure forwarded to the neighborhood associations so they can apprise the citizens that this is already in place and how to do it. 13.C.3. Mayor Schmidt Mayor Schmidt stated he met Terry Siele, the new Post Commander of the VFW Hall, and commented that there will be an event held on Friday, September 20, 2002, at 7:00 p.m. at Worthing Park to honor MIA's and POW's. Mayor Schmidt stated he has a scheduling conflict and commented that he had already made a commitment to attend the EPOCH dinner the same evening. In addition, Mayor Schmidt stated there is also an event with the Northwest/Southwest Neighborhood Plan which will be held at 6:00 p.m. at the Village Academy. Secondly, Mayor Schmidt stated the Advisory Board Appreciation Reception will be held on Tuesday, October 29, 2002, at 6:00 p.m. at Old School Square and he is working with Marjorie Ferrer to have something immediately following the reception. -24- 9/03/02 13.C.4. Commissioner Perlman Mr. Perlman stated he also attended the West Settlers' Meeting that Commissioner McCarthy attended and commented he was impressed with the turnout. Mr. Perlman stated he was also impressed with one of the outcomes that the West Settlers' Association would like to nm the meetings themselves and he feels this is a testament to see how far the community and the association has come in that they are rapidly figuring out that they are capable of moving things forward. Mr. Perlman feels overall it was a great opening meeting and feels there will be some really good things as a result of this meeting. With regard to the Arvida property, Mr. Perlman stated he would like to see this discussed at a Workshop Meeting due to the fact that there is a significant public interest in this piece of land. Mr. Perlman stated it is a major project for the City and in an effort to avoid any misinformation he would like to see this process opened up to the public and commented he would like to involve the residents as much as possible. The City Manager stated there will be residents on the Review Committee and commented that some of the proposals may not meet the minimum criteria. Therefore, the City Manager stated once the evaluation process is complete, then presentations would be scheduled in a public forum. Mr. Perlman commented about the newspaper article in the Sun-Sentinel regarding the $18 million bond and stated he does not believe the Commission has made a decision on this yet. He continued to state approximately 13 years ago the City approved a $21.5 million bond with a broad coalition of support from every segment of the community. He stated this was passed at a time when there was a huge anti-tax sentiment and that return on the investment was in the multi-million dollar range. Furthermore, Mr. Perlman stated the Commission has not yet made a decision with regard to the $18 million bond. Mr. Peflman stated he had to call 911 for a loved one on Sunday and commented that many neighbors rushed to the scene. Mr. Perlman stated the two paramedics calmed the large crowd by taking control of the scene within a matter of minutes. Mr. Perlman stated he is endlessly impressed with the way the situation was handled and thanked both the paramedics and the Fire Department. 13.C.5. Commissioner Archer Mrs. Archer thanked Mr. Schwartz for his comments. Secondly, Mrs. Archer stated she too attended the West Settlers Homeowners' Meeting and commented that she was very impressed and encouraged with the group as a whole. Mrs. Archer commented that she was very surprised to find misleading information about the $18 million bond for parks. -25- 9/03/02 There being no further business, Mayor Schmidt declared the meeting adjourned at 7:50 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on September 3, 2002, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions to the Minutes as set forth above. -26- 9/03/02 SEPTEMBER 10, 2002 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David Schmidt in the First Floor Conference Room at City Hall at 6:00 P.M., Tuesday, September 10, 2002. Roll call showed: Present - Commissioner Patricia Archer (arrived 6:05 pm) Commissioner Jon Levmson Commissioner Alberta McCarthy (arrived 6:15 pm) Commissioner Jeff Pedman Mayor David Schnudt Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and City Clerk Barbara Garito Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of considering the followxng xtem: 1. TRANSPORTATION PERFORMANCE STANDARDS: Consider authorizing staff action regarding language changes in Palm Beach County's Transportation Performance Standards. City Attorney, Susan Ruby reviewed the elements relating to the changes in the County's Transportation Performance Standard CFPS). The six (6) elements include: 1. Test 1 - Peak Hour: The County is proposing changes in the Traffic Performance Standard from an average daily trip stand to a peak hour trip standard. 2. Test 2 - 5-Year Buildout Test: The County has transmitted a comprehensive plan change to add a 5-year build out component analysis to the revised Test 1. 3. Corridor Master Plans: Some cities, including Delray Beach, approved the level of service standard language anticipated to be included m the County's Comprehensive Plan. The language approved by the cities was ultimately changed by the County wluch provided for adopuon of the plans by the cxties and the County. If the language does not change back to the original language then the clues do not have the ability to approve the Corridor Plan adopted by the County. The current language requires mitigation which includes changes in land uses within cities. 4. New Traffic Studies if Buildout Date Exceeded: There has been direction by the County Comrmssion to include in all traffic concurrency letters of prohibition on the issuance of building perrmts ff a buildout date is exceeded. 5. Level of Significances: The level of significance standard (acceptable deviation from formula) xs currently 1%. The proposal is to change it from 1% to 1/2%. 6. Definition of Project: A few times over the last 15 years developers have tried to avoid the more stringent TPS applied to larger projects by dividing the project into smaller project wxth less stringent requirements. Moratorium/Zoning in Progress: The County had considered a moratorium or a "zoning in Progress" approach while the new Traffic Performance Standards ordinances are being considered. Some of or all of these issues will be addressed at the League's Transportauon Performance Standards Committee on September 9th, the League of Cities Board of Directors meeting on September 122, and at the County Commission Workshop on September 24t~. It is expected that the County Commission will make a final decision at the workshop meeting as to whether the County will revise the language in the proposed Comprehensive Plan amendment back to the language previously approved by the cities. The previously approved language permitted ciues, as well as the County, to approve Corridor Plans instead of the County only. If the language is not changed back by the County Comrmsslon, staff is requesting authorization to either object to or not to object to the language to the Department of Community Affairs which must be done by September 28, 2002. It was recommended that we have representation at the workshop to voice our concerns. Discussion between the Commission ensued regarding the possible ratifications should the County adopt the Transportation Performance Standards being considered. Mr. Levinson moved to object to the Transportation Performance Standards being considered by Palm Beach County and authorize the City Manager to prepare a letter to the County and Department of Community Affairs voicing our objecuon should it become necessary, seconded by Mr. Perlman. Upon roll call, the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Commissioner McCarthy - Yes; Mayor Schnudt - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt declared the Special Meeting adjourned at 6:35 p.m., at which t/me the Commission convened to the regularly scheduled Workshop Meeting. ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Dekay Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Comnussion held on September 10, 2002, which Minutes were formally approved and adopted by the City Commission on City Clerk -2- September 10, 2002 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 Commtssion. They will become the official Minutes only after review and approval, which may involve amendments, adchtaons or deletions to the Minutes as set forth above. -2- September 10, 2002 WHEREAS, on July 13, 2002, in the Town of Highland, Sullivan County, New York at York Lake a tragedy was prevented; and WHEREAS, Matthew Boyar, a City of Delray Beach Lifeguard who was vacationing in New York, noticed two inexperienced swimmers who lost contact with their boat; and WHEREAS, the swimmers were losing their ability to maintain the surface and one victim was not only in the process of drowning, but had exhausted his companion who made initial efforts to save him and both were in imminent danger of drowning; and WHEREAS, Matthew responded immediately by entering the water and brought the more serious of the victims to the surface and to the safety of a boat; and WHEREAS, Matthew also recovered the victims' boat and brought both of the victims and their boat to the safety of the shore; and WHEREAS, Matthew has received a commendation from the Town of Highland for his prompt and skillful rescue. NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend MATTHEW BOYAR for his immediate and appropriate action in an emergency, he is responsible for saving two lives. Matthew's willingness to respond to an emergency exemplifies the highest and best in the human spirit. Matthew is truly a hero. 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 17~ of September, 2002. DAVID W. SCHMIDT MAYOR RECEIVED 2 9 2002 CITy MANAGER TOWN OF HIGHLAND 4 PROCTOR ROAD, P.O. BOX 177 ELDRED, lqEW YORK 12732 (914)557-8901 Fax: (914)557-6563 August 27, 2002 Hon. D. Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach FL 33444 Dear City Manager Harden: On July 13, 2002 one of your off-duty Delray Beach lifeguards, Matthew Boyar, saved one, possible two lives in the Town of Highland, New York while he was visiting here. Will you please see that he receives the enclosed Certificate of Commendation adopted by the Town of Highland. His quick actions and professional skills averted a sure tragedy. Obviously he had excellent training. Very truly yours, Allan Schadt, Supervisor Enc: Commendation Newspaper clipping TOWN OF HIGHLAND FOUNDED 1853 SULLIVAN COUNTY, NEW YORK CERTIFICATE OF COMMENDATION WHEREAS, on July 13, 2002 in the Town of Highland, Sullivan County, New York at York Lake a near tragedy was averted, to wit: Two inexperienced swimmers lost contact with their water craft and were rapidly losing ability to maintain the surface; one victim was not only in the process of drowning but had exhausted his companion who made initial efforts to save him; now, at about 3:00 P.M. on said day, both were in imminent danger of drowning; at said time and place MATTHEW BOYAR did: Identify the plight of the two drowning victims and did immediately respond. Did enter the water and bring the more serious of the victims to the surface and to the safety of a boat. Did recover the victims' own craft and did tow the victims and their boat to the safety of shore. NOW, THEREFORE, the Town Board of the Town of Highland upon the recommendation of Supervisor Allan Schadt does hereby adopt this Certificate of Commendation as a token of a appreciation for the prompt and skillful rescue in the Town of Highland and for demonstrating the expertise of a professional lifeguard trained by the City of Delray Beach, Florida where he is so employed. Dated: August 28, 2002 Town of Highland Mary AnffBarnes, Town Clerk RD-WINNING N~WS SOURCV, FOR THE UPPER DELAWARE RIVER VALLEY REGION SINCE 1975 JULY 18-24, 2002 WWW.RIVERREPORTER.COM More water casualties mar the weekend hOla: storm damage · ®nnDOT's problem ~MUSO road. He explained that a part of @dverreporter. com the problem mig,,ht be because of a ' "blocked culvert he noticed on Twin ,Lh;~.~r At ~c July 11 . ne~tlng, Shohola Townsl~ip Lakes Road above the affected areas. u~_.a c_ ......... , .~: Prince said, "Ninety-nine vercent By DAVID HULSE and TOM KANE tomkane@riverreporter, com MINISINK I~ORD -- A seven-year-old Long Island boy drowned in the Delaware River and two young men were saved from drovening on the Town of Highland's nearby York Lake last Saturday, July 13. While completely unrelated, the two incidents took place less than a mile away from one another. The youth, identified Monday by police as Jason Evans, of Hempstead, drowned in the river where family members were camping at the Kittatinny- Minisink area, which adjoins the Ascalona Camp- iround on Route 97 at the Tusten-Highland town ne. Shortly before 6:00 p.m. on Saturday, police'-say the victim was wading in knee-deep water with his 10-year-old sister and a 13-year-old cousin. Highland Chief Constable Robert Maas said the trio apparently came upon a sudden drop-off in the stream bed. The older children got back to shore but Jason had vanished without anyone immediately noticing. A search began shortly thereafter. Maas said he and Constable Marc Anthony arrived at sea£ch scene about four and half min- utes after the 911 radio call went out. They'found National Park Service (NPS) Ranger Jackie Tinker searching in a canoe along with several swimmers using dive goggles from Ascalona. Maas and Anthony retrieved a second NPS canoe and took it into the water near the ranger's search, when one of the swimmers signaled he had found the boy. "It was shallow enough that you could . just see a hint of the red tee-shirt he was wearing. I jumped in and brought up the boy, and 'Marc came in and we put him into the ranger s-canoe,' Maas Continued On page 4 I ~ WI-I~RF. AS, tm August 8, 9, and 10, 2002, the City of Delray Beach, Parks and Recreation Depzrtment, Ocean Rescue Division, Lifeguard Competition Team competed in the 2002 United States Lifesaving Associations National Lifesaving Ch~mpion~hlps in San Diego, California; and ~VI-IF_.RF.,AS, fotty-fou~ teams competed fi'om other Ocean Rescue Divisions fi-om all over the United States including New York, New Jersey, nlinois, Texas, California, and Hawaii; and ~H-II~REA5, the Delray Beach Ocean Rescue Competition Team ly~ticipated in the following United Stntes Lifesaving Association National Lifegua~ Competition events: American Iron Women, International Itoh Women, Surf Swim, Surf Rescue, Surf Ski, Rescue Board, Surf Boat, and 4 X 100 Run Relay; and ~, the Delnty Beach Oc~n Rescue Competition Team b~ought home two gold medals and finished seventh overall in the United States, and third in Divim'on II, agencies with under 100 employee~; and WH~RF..A5, the involvement and achievements of the Ocean Rescue Competition Team in the United States Lifesaving Association 2002 National Competition have generated much civic and community pti&, NOW, TI'IERF..FORE, I, DAVID ~. SCHMIDT, Mayot of the City of Deltay Beach, Flotich, on behalf of the City Commission, do hereby recognize and commend 1' place winners: and for sutm/oz achievement Ocean Rescue Officer Bethanne Schwatz, EMT Oc~n Rescue Officer Mark H_~lde, Pantmedic - EMT Ocean Rescue Officer Mason Peame, EMT for their representation of the City of Delmy Beach and offer them congtatuhfions on a job well done in the United States Lifesaving Association 2002 National Lifesaving Chnmpionships. IN ~ITNE$$ ~fl-IEREOF, I lave hereunto ~et my hand ~md c~used the Official Seal of the Gity of Ddmy Be~ch, Florida, to be ~ffixed this 17th thy of September, 2002. DAVID W. SCHMIDT MAYOR Date: Sept. 11, 2002 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: Consent Agenda x Regular Agenda Workshop Agenda Special Agenda W~en: September 17, 2002 Description of Agenda Item (who, what, where, how much): Request Mayor's signature on, and City ,Commission's issuance of, a Proclamation honoring the Delray Beach Lifeguard Competition Team's participation and achievements in the United States Lifesaving Association 2002 National Lifesaving Championships. DepartmentHead~ _ ~ ~ ~ (~ ~ Signature: xLf-~-~ ~ ~ /¥ City Attorney Rev~e~/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~/No Initials: ~1 Hold Until: Agenda Coordinator Review: Received: (if applicable) Proclamation Whereas, on August 8, 9, and 10, 2002, the City of Delray Beach, Parks and Recreation Department, Ocean Rescue Division, Lifeguard Competition Team competed in the 2002 United States Lifesaving Associations National Lifesaving Championships in San Diego, California; and Whereas, forty-four teams competed fi.om other Ocean Rescue Divisions from all over the United States including New York, New Jersey, Illinois, Texas, California, and Hawaii; and Whereas, the Delray Beach Ocean Rescue Competition Team participated in the following United States Lifesaving Association National Lifeguard Competition events: American Iron Women, International Iron Women, Surf Swim, Surf Rescue, Surf Ski, Rescue Board, Surf Boat, and 4 X 100 Run Relay; and Whereas, the Delray Beach Ocean Rescue Competition Team brought home two gold medals and finished seventh overall in the United States, and third in Division II, agencies with under 100 employees; and Whereas, the involvement and achievements of the Ocean Rescue Competition Team in the United States Lifesaving Association 2002 National Competition have generated much civic and community pride, Now, therefore, I, David Schmidt, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend 1st place winners: Operations Supervisor Heather Irurzun, EMT Ocean Rescue Officer Amy Schwarz, EMT and for superior achievement Ocean Rescue Officer Bethanne Schwarz, EMT Ocean Rescue Officer Mark Henkle, Paramedic - EMT Ocean Rescue Officer Mason Pearce, EMT for their representation of the City of Delray Beach and offer them congratulations on a job well done in the United States Lifesaving Association 2002 National Lifesaving Championships. 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 17th day of September, 2002. MAYOR David W. Schmidt WHEREAS, the City of Delray Beach has created many opportunities for the community to strengthen its ties through education, special events, and other activities; and WHEREAS, the City of Delray Beach is an Ali-America City and wants to preserve its commitment to its residents to provide a safe, nurturing, and educational environment for residents of all ages; and WHEREAS, the City of Delray Beach wants to promote grassroots participation in community leadership, economic development, safety, and education, and preserve the hometown feeling of the City. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 2002 as UNITY IN THE COMMUNITY MONTH in the City of Delray Beach, Florida offering all residents of all ages the opportunity to become more familiar with Delray Beach govemment, participate in City events, and get to know their neighbors throughout the City; thereby securing a promising future for our entire community. 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 17th day of September 2002. DAVID W. SCHMIDT MAYOR OCTOBER "Unity in the Community Month" CITY OF DELARY BEACH October 1st October 2nd October 3rd October 10tb October 15tb October 15-19tb October 23rd Famous Amos Motivational speaker Walk/Ride Your Bike to School Day A program to increase awareness of the importance of exercise; it helps to create self confidence in students in walking to school, promotion of Safe Kids Coalition, and survey will be conducted to determine where areas could be improved for safety reasons. Banyan Creek Elementary School to be highlighted Residents Academy- Kick-Off Lights on Afterschool An awareness program to increase community understanding regarding the importance of quality after school programs. It has been proven that after school programs improve academic achievement, create a safe environment, and help working families. A City of Delray Beach After School Program will be highlighted. Presentation to City Commission Lights on After School essays will be read, the survey from "Who's Walking" will be presented, Proclamation to Eula Mason-Berry for her outstanding work as a Principal at Plumosa Elementary School, Proclamation to S.D. Spady and Morikami for achieving A's on their FCAT The 505 (Teen Central) opening and presentation (Date to be announced) Community Dinner Two unlikely neighborhoods will come together to "Break Bread" at a potluck dinner to help create Community Unity. Program will include get to know your neighbors and neighborhood leaders, and City Commissioners. Neighborhood grant will be awarded to the subdivision with the highest attendance. The grant must be used for an improvement to their neighborhood such as a new kiosk, landscaping, signage, landscape lighting, etc. A Proclamation By the Delray Beach City Commission Whereas, the City of Delray Beach has created many opportunities for the community to strengthen its ties through education, special events and other activities; and Whereas, the City of Delray Beach is an All America City and wants to preserve its commitment to its residents to provide a safe, nurturing and educational environment for residents of all ages; and Whereas, the City of Delray Beach wants to promote grassroots participation in community leadership, economic development, safety and education and to preserve the hometown feeling of the City; 3t~ Now, therefore, be it proclaimed by the City Commission ofDelray Beacl~the month of October in the year 2002 be set aside as Unity in the Community Month, offering Delray Beach residents of all ages the opportunity to become more familiar with Delray Beach govemment, participate in City events and to get to know their neighbors throughout the City, thereby securing a promising future for our entire community. Passed and adopted by the Delray Beach City Commission, this XX Day of September, 2002. Board of City Commissioners The City of Delray Beach David Schmidt, Mayor JeffPerlman, Vice Mayor Deputy Vice Mayor, Patricia Archer Jon Levinson, Commissioner Alberta Perry McCarthy, Commissioner OCTOBER "Unity in the Community Month" CITY OF DELARY BEACH October 1 st October 2nd October 3rd October 10th October 15th October 15-19th October 23r~ Famous Amos Motivational speaker (see attached preliminary schedule) Walk/ride your Bike to School Day A program to increase awareness of the importance of exercise; it helps to create self confidence in students in walking to school, promotion of Safe Kids Coalition, and survey will be conducted to determine where areas could be improved for safety reasons. Banyan Creek Elementary School to be highlighted Residents Academy - Kick-off Lights on Afterschool An awareness program for the community to understand the importance of quality after school programs. It has been proven th~at after school programs improve academic achievement, create~ a safe environment, and help,,~working families. City of Delray Beach after school program to be highlighted. Presentation to City Commission: Lights on After School ~ssays will be read, the survey from '~Vho's Walking" will be presented, Proclamation to Eula Mason-Berry for her outstanding work as a Principal at Plumosa Elementary School, Proclamation to $.D. Spady and Morikami for achieving A's on their FCAT The 505 (Teen Central) opening and presentation (date to be announced) Community Dinner Two unlikely neighborhoods will come together to "break Bread" at a potluck dinner to help create Community Unity. Program will include get to know your neighbors and neighborhood leaders, and City Commissioner's. Neighborhood grant to be awarded to the subdivision with highest attendance. Grant must be used for an improvement to their neighborhood such as a new kiosk, landscaping, signage, landscape lighting, etc. WHI~RF_.d~, the lives of hundreds of children could be saved each year if every community takes steps to make pedestrian safety a priority; and WHE~, parents and categivers should teach children about pedesn4an safety and become aware of the difficulties and dangers that children face on their trip to school each day; and ~I-I~R~, community leadet~ and pax~nts should detormlne the "w~llrability" of their community by using the W~ll,oble America Checklist; and WHI~I~a~) everyone should plan to make immediate changes to increase the safety of children who are walking in ou~ commllllitie$ and develop a list of suggestions for improvements that can be done over time; and WHEREA$, children, parents, and community leaders axe joining together nationwide to walk to school and evaluate pedestrian safety in their community. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 2, 2002 as OUR CHILDRBN TO SCHOOL DAY in the City of Delray Beach, and encourage all citizens to consider the safety of pedestrians today and everyday. IN WITNIgSS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17~ day of September 2002. DAVID W. SCHMIDT MAYOR 05/17/2002 14:21 3058540504 3' & ¢ ~MITH PAGE 02 Walk Our Children to School Day Proclamation C:k:Iober 2, 2OO2 Contact: (name, orgImtsUon Ind U4ephone number) who mi wlldng in our communW~ .,nd I Mt of ;ugOed~M for t~provemeflls Ilar tan be dt~e ova' tinm, Whereto, cdddmn, p,rmm and ~xnmurdly Wm ~m Joinin~ mpEhE,' ~UOmq~W m walk ind ~ peclmMin ,ibly t~ ~ cmnvnoflty. NOW~. Il It IIIlOl~ thor I. (nlml, two o~ offloill) prot~Ik~ (34~bl~ ~, 2001, ~ Our Ohidmn to 8alxwl Day" irt (name of cdW, ~a~e) tnd l.moumge everyone to oonok~' tho eafety of' MninlIirmcl by tlr, Pediiaii. Bloym Infarmdon Caner ~or me p;mm~ll) for · wamaMe, Arima, In ,opcqmntkm with the U.$. DIIwrlmlr~ of Tmnil~ortMkln. To r~d mom, elkic L'jer_e_ J/Z2/2002 85/17/2882 14:21 30585485B4 J & C ~MITH P~E 0~ How walkable is your community? Take a walk with a child and decide for yourselves. needs to be ~,~e end e~/ Take a walk child md ~ ~ &e~g ~ ~ heart if~u ~ p~e~,~ a~ ~ ~u Getting started: F~, y~d head m pi¢~ a piece to wtlk, li~ the rou~ to school, · ~iend's hou~ or j~.t sotaev~et~e The second step inw],~s the checklist. R.cad ovc~ r. he checkJist bc6~c you ~o, and as you wa]k, l~ote ri~ loca0om ofthin~ yau ,~uld like m chanse. At ~hc cml ofyou~ wttk, 8irc eech question ~ rating. Then add up the numlxrs ~o sec how ~u r~ted y~mur w~lk ~ you~e nted your ~ and identified any problem m~, ti~e ne~ uep is co ~n: ou~ wbac y~u can dc t~ nspm~ 7~ ¢ornmm~i~s scor~, Yo~ ~d ~ i~edia~ ~w~ m~ ~ u~er 'Im~gYo~ Co~u~ ~o~.." ~ ~ ~rd ~. o~ Tmm~l~tlo~ 05/17/2002 14:21 3~5854050d J 8. C: SM[TH PAGE Location of walk 1. Did you have room to walk? tZJ 81deM~ ~ h~lu~ o~ cricked ~3456 E'JNo ~ (~b om) 4, Wis it easy to follow ~Bfety rules? Could you end your child... l:'j y~ F"INo C~o~ it cmlwdlm ~ ~ ~ ~ 2. Was it easy to cross streets? ~N~~~~~r i3~4S6 5, Wes your walk pleasant? How does your neighborheod i up? Add up your ritings and decidm. 1. 26-34) Cetdm~ You line z g~m 4, neiibbod,u~ b pm~ F)o,L 11-19 ltlm~Khli:~oLrwol~You ddetve ~ ~-10 (Y.~I w tM N~d~ml Guwl 05t17/2002 14:21 3~5'85405~4 J & ¢ SMITH Now that you know the problems, you can find the answers. community's score... 1. Did you have room to walk? ~ Wocb,d Too much mi~c What you and your child can do tmmdiately N~d~d ~6 ran~ ~ nmlm ne~c~d ~ 3. Did drivers behave wall? tltemt you and your commu~ can do with mm tim 4. Could you bi,low safaty rules? Was Your walk ,,pi, easaat? Not writ ht A Quick Health Check CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: DAVID T. HARDE-:~...I.TY~I ~j[~AG/~.R_ITY A AG R PAUL DORLING,//DIR~R'~F'~NNING AND ZONING NGUYEN TRAN, SENIOR PLANNER ~ MEETING OF SEPTEMBER 17, 2002 *CONSENT AGENDA* ABANDONMENT OF ALL OF THE 16' NORTH-SOUTH ALLEY LYING WITHIN BLANK-NICHOLS SUBDIVISION TOGETHER WITH THE 16' NORTH-SOUTH ALLEY RUNNING THROUGH THE CENTER OF THE NORTH 87.5 FEET OF THE SOUTH HALF (S 1/2) OF BLOCK 120, TOWN OF DELRAY. BACKGROUND The portion of alleyway proposed for abandonment is the entire dedicated alley as shown on the plat of Blank-Nichols Subdivision (Plat Book 13, Page 28), together with the 16' alley running through the center of the North 87.5 feet of the South Half (S. ¼) of Block 120, Town of Delray, as dedicated to the City of Delray Beach through deeds (DB 550, PG 282 and DB 352, PG 384) recorded in January of 1927. The abandonment request was submitted by Mallory II, LLC (a.k.a. Ironwood Properties). The abandonment is being processed in conjunction with a site plan approval request for a mixed-use development to be known as Meridian, which will contain 22 residential units and 20 first floor office units. The applicant has also submitted an application for a 12' wide water easement abandonment, which is currently being processed as a separate request to be considered before the City Commission. A plat application has not been submitted at this time, but will be submitted at a later time. Currently, the alley is unimproved and is not being utilized for access. A 6" municipal water main and a 10" municipal sewer main are located within the subject area. Florida Power & Light, Adelphia Cable, Florida Public Utilities Co. (gas) and BellSouth have identified facilities in the subject area. All utilities will remain in their present location and a general utility easement will be retained over the entire abandonment area. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of August 19, 2002, the Planning and Zoning Board considered the request at a public hearing. There was no public comment conceming this item. After reviewing the staff report and further discussion, the Board voted 5-0 to recommend approval subject to conditions (Mark Krall abstained, Dwayne Randolph-absent). RECOMMENDED ACTION By motion, approve the abandonment of all of the 16' alley lying within Blank-Nichols Subdivision together with the 16' alley running through the center of the north 87.5 feet of the south half of Block 120, Town of Delray, and reserve a general utility easement over the entire abandonment area to cover the existing utilities, based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachments: · Abandonment Resolution · P & Z Staff Report of August 19, 2002 s:\planning & zon~ng\boards\dty commission\Meridian Alleyway Abandonment. doc RESOLUTION NO. 71-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL OF THE 16-FOOT ALLEY LYING WITHIN BLANK-NICHOLS SUBDIVISION (PB 13, PG 28) TOGETHER WITH A 16-FOOT ALLEY RUNNING THROUGH THE CENTER OF THE NORTH 87.5 FEET OF THE SOUTH HALF (S 1/2) OF BLOCK 120, TOWN OF DELRAY, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of all of the 16-foot alley lying within Blank-Nichols Subdivision together with a 16- foot alley running through the center of the north 87.5 feet of the south half of Block 120, Town of Delray, as more particularly described herein (See Exhibit "A"); and WHEREAS, said application for abandonment of said alley right-of-way was processed pursuant to Section 2.4.6(0), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Phnning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a pubhc hearing on August 19, 2002, and voted 5-0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(0)(5), and subject to the condition that a general utdity easement be retained over the entire area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest m the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a general utihty easement for the purpose of emergency access and constructing and/or maintaining, either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations over the entire area thereof, as more particularly described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for alley right-of-way purposes only, but does not abandon and retains and reserves unto itself a general uulity easement for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations over the entire area thereof, more particularly described as follows: RES. NO. 71-02 See Exhibit "A" 2002. PASSED AND ADOPTED in regular session on this the __ day of ATTEST: MAYOR City Clerk RES. NO. 71-02 Exhibit "A" LAND DESCRIPTION 16' ALLEY TO BE ABANDONED A portion of Block 120, BLANK-NICHOLS SUBDIVISION, according to the plat thereof, recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida, being more particularly described as that certain 16 foot wide alley lying East of and adjacent to Lots 1 through 6, inclusive, in said Block 120 and West of and adjacent to Lots 19 through 24, inclusive, in said Block 120 and bounded on the North by the South right-of-way line of Southeast 3ra Street and on the South by the South line of said Block 120. TOGETHER WITH: A strip or parcel of land running North and South and 16 feet in width from East to West through the center of the South half (S1/2) of Block 120 of the CITY OF DELRAY, formedy called Linton, according to a plat thereof on file in Plat Book 1, Page 3, Palm Beach County Records, and more especially running through the center of the South 43.8 feet of the North 87.6 feet of the South half (S1/2) of said Block 120, the same being the extension of the 16 foot alley running North and South through Blocks 118, 119 and the North half (N1/2) of Block 120. Same being that certain 16 foot alley described in Deed Book 550, Page 282 of said Public Records. TOGETHER WITH: A stdp or parcel of land running North and South and 16 feet in width from East to West through the center of the South half (S1/2) of Block 120 of the CITY OF DELRAY, formerly called Linton, according to a plat thereof on file in Plat Book 1, Page 3, Palm Beach County Records, and more especially running through the center of the North 43.8 feet of the North 87.6 feet of the South half (S1/2) of said Block 120, the same being the extension of the 16 foot alley running North and South through Blocks 118, 119 and the North half (N1/2) of Block 120. Same being that certain 16 foot alley described in Deed Book 352, Page 384 of said Public Records. Said lands lying in the City of Delray Beach, Palm Beach County, Flodda, containing 6,392 square feet, more or less. Land Description Prepared By: SHAH, DROTOS 8, ASSOCIATES 1835 South Perimeter Road, Suite 190 Fort Lauderdale, Flodda 33309 Prepared by: MDR Checked by: MDR Project No.: 01-0557B File Name: 0557B.ALLEY. EASEMENT.WPD May 18, 2002 Sheet 1 of 2 Sheets SKETCH OF DESCRIPTION 16' ALLEY TO BE ABANDONED BLOCK 120-BLANK-NICHOLS SUBDIVlSlON (PB 13, P~ 28, PBCR) BLOCK 120-TOWN OF DELRAY (FORMERLY LINTON) ~ I PB 13, PG 28 '' NO~ UNE OF I, OF BLOCK 120 ~' ~'' ' ~- DB 552, PG ~4 ~ ~ s~/~ ,~ ~ao(TO BE ~N~) DB 550. ~ 282 , ~ 1 ~,' ] I FOR_~E RRM, BY: N~: ~B IS NOT A ~ ~ ~ DROTOS & A s s o c I A T E S P~NINO CERTIFICATE OF AUTHORIZATION NO. LB 6456 SKDCH OF D~RI~ON UDR e/18/~ ~DR 18~5 S. Perimeter R~d · Suite 190~ Ff. ~uderdale, FI, PH: 954-776-7604 - FU: 954-776-7608 RDSIONS DWN ~ ~/~ CHKD PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM' GENERAL DATA: August 19, 2002 IV.D. Abandonment of a 16-Foot North-South Alleyway Lying East of S.E. 6th Avenue (Northbound Federal Highway, U.S. 1), Between $.E. 3rd Street and S.E. 4th Street for the Proposed Meridian Mixed-Use Development. Owner .................................. General Public Agent .............................. Ironwood Properties, Inc. Applicant ............................. Mallory II, L.L.C. Location ............................... 16' North-South Alley within Block 120, Town of Delray Property Size ........................ 0.147 Acre Existing FLUM Designation.. CC (Commercial Core) Current Zoning ..................... CBD (Central Business District) Adjacent Zonings ........North: CBD East: R-l-AA (Single Family Residential) South: GC (General Commercial) West: CBD Existing Land Use ................ Unimproved Alley Proposed Land Use ............. Abandonment of Alleyway to be incorporated into a proposed mixed-use development known as the Meridian. Water Service ...................... n/a Sewer Service ...................... n/a LOT 1 LOT 24 LOT 2 LOT 2.3 LOT 4~.~.,,.3 ?G'~LOT 21 LOT6~ ,~ LOT,9 .~SITE~ IV.D. The item before the Board is that of making a recommendation to the City Commission on abandonment of the 16' north-south alley lying within Blank-Nichols Subdivision (PB 13, PG 28) together with the 16' alley lying east of the North 87.5 feet of the South ½ of the West 143 feet of Block 120, Town of Linton (Delray), for the proposed Meridian mixed-use project. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(O), Abandonment of Rights-of-Way. Block 120, Town of Linton (Now Delray), was originally platted as an agricultural block in December of 1895. The north one half (N. ¼) of Block 120 was replatted with the recordation of the Blank-Nichols Subdivision in December of 1925. The southern one half (S. ¼) of Block 120 was divided by metes and bounds and the alleyway system for this portion of the block was dedicated to the City of Delray through numerous deeds. The portion of alleyway proposed for abandonment is the entire dedicated alley as shown on the plat of Blank-Nichols Subdivision (Plat Book 13, Page 28), together with the 16' alley adjacent to the North 87.5 feet of the South Half (S. ~) of the West 143 feet of Block 120, as dedicated to the City of Delray (DB 550, PG 282 and DB 352, PG 384) in January of 1927 (refer to Exhibit "A"). Currently, the subject area is unimproved. ,;DESCRIPTION The alleyway proposed for abandonment is a 16' x 399.37' rectangular shaped parcel containing approximately 6,390 sq. ft. (0.147 acre). The abandonment request was submitted by Mallory II, LLC (a.k.a Ironwood Properties). The abandonment is being processed in conjunction with a site plan approval request for a mixed-use development to be known as Meridian, which will contain 22 residential units and 20 first floor office units. The total land area of the project, including the subject alleyway, is 81,629 sq. ft. (1.87 acres). The applicant has also submitted applications for a 12' wide water Easement Abandonment. A plat application was not submitted at the time this report was written. A plat will be submitted at a later time. Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. Planning and Zoning Board Staff Report Meddian Alleyway Abandonment Page 2 The applicant is the fee simple owner of Lots 1 through 6, Blank-Nichols Subdivision, and the North 87.5 feet of the South % (S. %) of the West 143 feet of Block 120, Town of Delray. By abandoning the alleyway adjacent to the east side of these lots, it is clear that the applicant is entitled to the western one half (West 8') of the alleyway adjacent to Lots 1 through 6 as dedicated on the plat of Blank-Nichols Subdivision, th'us, the properties east of the dedicated alley (Lots 19 through 24) are entitled to the east 8'. The 16' portion of alley lying east of the North 87.5 feet of the South half (S. %) of the West 143 feet of Block 120 was dedicated to the City of Delray through Deed Book 550, Page 282 and Deed Book 352, Page 384. Deed Book 550, Page 282 dedicated to the City of Delray a parcel of land 16 feet in width by 43.8 feet in length (south 43.8 feet of the 87.5 feet of alleyway). Deed Book 352, Page 384 also dedicated to the City of Delray a parcel of land 16 feet in width by 43.8 feet in length (north 43.8 feet of the 87.5 feet of alleyway). The crucial information excluded from these two deeds is the lot configuration at the time these deeds were recorded. Without knowing the lot configuration of the lots which dedicated the 16' wide portions of alleyway, it cannot be determined how much of this portion of the alley abandonment area the adjacent property owners are entitled to. The lot configuration of the lots prior to dedicating the 16' x 87.5' portion of alleyway must be determined prior to consideration of the abandonment by the City Commission. Utility Services Florida Power & Light indicated that they have 2 power poles located adjacent to Lots 19 and 22, Blank-Nichols Subdivision, and requested that they be relocated to the east. Florida Public Utilities Company identified existing gas facilities and requested relocation of their facilities along with a separate easement dedication. BellSouth and Adelphia located existing aerial cables within the abandonment area and also requested relocation of their facilities. The City's Environmental Services Department identified water and sewer mains in the subject area. The City's Fire Department reviewed the request and has no objection to t. he abandonment. Due to the numerous facilities identified within the abandonment area, replacement easements or relocation of said facilities will be required. Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. The intended purpose of the alley was to provide secondary access to the buildings on adjacent streets. Since the alley has never been improved or utilized for secondary access and dead-ends approximately 70 feet north of S.E. 4th Street, the Planning and Zoning Board Staff Report Meddian Alleyway Abandonment Page 3 public need is limited to utilities, which can be accommodated by an easement. The City has no plans to utilize the alleyway for any other public purpose. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject abandonment will not prevent access to any parcel, as all affected parcels take primary access from either S.E. 6th Avenue (Northbound Federal Highway) or S.E. 7th Avenue. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. The applicant is responsible to grant replacement easements and/or provide for the relocation of existing utilities and will be responsible for all associated costs of this process. All utilities, currently located in the subject alleys, will be accommodated through replacement easements or relocation so that they will provide the same or better services to the adjacent lots. Since a replat will be required to dedicate easements and to aggregate the parcels for the Meridian project, the disposition of existing utility services will be addressed through the platting process. The development proposal is not within the geographical area requiring review by the WARC (West Atlantic Avenue Redevelopment Coalition), the DDA (Downtown Development Authority), HPB (Historic Preservation Board) and the CRA (Community Redevelopment Agency). Although it is not within the CRA area, a courtesy review was requested. The CRA reviewed the abandonment request at its meeting of July 25, 2002 and recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. Courtesy Notices: Courtesy notices have been provided to the following groups: PROD (Progressive Residents of Delray) Presidents Council Osceola Park Marina Historic District Planning and Zoning Board Staff Report Meridian Alleyway Abandonment Page 4 The purpose of the abandonment is to aggregate individual parcels with the vacated area to help in the redevelopment of the west half of the block to accommodate a mixed-use development The extra 8' will be used as parking and landscaping which creates a larger buffer area between the proposed mixed-use development and the existing residential neighborhood to the east. The abandonment will not prevent access to adjacent lots of record. Required replacement easements will be dedicated with this abandonment. These easements will be incorporated into the replat of the property, which will be processed at a later date. Continue with direction. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6(0)(5) with conditions. Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). By motion, recommend to the City Commission approval of the abandonment of the entire 16' north-south alley lying within Blank-Nichols Subdivision (PB 13, PG 28) together with the 16' alley lying east of the North 87.5 feet of the South ½ of the West 143 feet of Block 120, Town of Linton (Delray), based upon positive findings with respect to LDR Section 2.4.6(O)(5), subject to the following conditions: 1. The Official Resolution abandoning the subject area includes language which establishes a utility easement over the entire abandonment area; and 2. The lot configuration for the lot prior to the dedication of a 16' x 43.8' portion of alleyway recorded in Deed Book 550, Page 282; and 3. The lot configuration for the lot prior to the dedication of a 16' x 43.8' portion of alleyway recorded in Deed Book 352, Page 384. Attachments: · Exhibit "A" · Reduced Survey s:\planning & zoning\boards\p&z board\Meridian-Alleyway Aband.doc S.E. 5RD ST. LOT ? i LOT 24 LOT 2 , ! LOT 2~ EOT $ ., , LOT 22 T ; LOT 4_¥3, ~- LOT 21 \ LOT 5 I ~ LOT 20 ~'- \ LOT 6r ~'~ ~,~ LOT 19 N. g7 5d"OF $o ~ ~, i '//2 OF W. '/45' ~ ,~ PORTIO. N OF ALLEY DEDICATED BY DEEDS OF BLOCK 120 ! ~ I~ (DB 550, .~ I..../ (DB 552, PO 584) ' S.E. 4TH ST. N Exhibit ~ - ABANDONMENT - CITY OF DELRAY BEACH, FL 16' NORTH-SOUTH ALLEYWAY WITHIN BLOCK 120, TOWN OF DELRAY PLANNING & ZONING DEPARTMENT (ASSOCIATED WITH THE MERIDIAN DEVELOPMENT) --- OI~'IT,,4L l~,4S£ ~ SYST£1¢I -- LOT 1 LOT 24 LOT 2 LOT 25 ~O~U ~' LOT 22 LOT 5 ~ LOT 4~B.~ LOT 21 LOT 5 LOT 20 N. ~75' OF S. '//12 OF W. 74.3' PORTION OF BLOCK 120 (DB (DB N UNE-$1/2 BLOCK 12D~ =-_~o z ~ % i, >- TO: FROM: SUBJECT: ADMINISTRATIVE SERVICES MEMORANDUM David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Agenda Item City Commission Meeting September 17, 2002 Approval Independent Contractor Agreement/First Night DATE: September 12, 2002 Action City Commission is requested to approve an Independent Contractor Agreement with Kathrine Smith in the amount of $3,000 to provide management and administrative services for the "First Night 2003" event. Funding would come from the event revenue. Back~round This item was reviewed by Commission at your workshop meeting. This agreement sets forth the duties and responsibilities for the event and is effective from date of approval thru January 15, 2003. The fee of $3,000 will be funded from the event revenue. The agreement has been reviewed by Ms. Smith as well as our attorney's office. Recommendation Staff recommends approval of the Independent Contractor Agreement with Kathrine Smith in the amount of $3,000 to provide management and administrative tasks for the "First Night 2003" event. Attachment File allen/asmemos Doc:Agenda Item Independent F~st NighCdoc INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT made and entered into this ~ day of , 2002 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "City", and KATHERINE SMITH, an Independent Contractor, hereinafter referred to as "Contractor". WHEREAS, the parties desire to enter into an agreement to provide event planning and administration for "First Night 2003" for the City of Delray Beach; and WHEREAS, the City and Contractor desire to clarify and define their responsibilities with regard to providing said event planning and administration. NOW, THEREFORE, for and in consideration of the mutual covenants and promises set forth herein, the parties to this Agreement do hereby agree as follows: 1. The City hereby retains the services of Contractor for the purpose of event planning and administration for "First Night 2003". As an Independent Contractor, Contractor is neither an officer, nor an employee of the City. Contractor must provide a Federal Tax I.D. number if applicable, otherwise, Contractor must provide social security number. Contractor must submit a completed W-9 form at the time of the submission of the first invoice. 2. Term: The term of this Agreement shall begin on the date set forth above and shall end on January 15, 2003. If the Agreement is terminated by the City, the City shall only be responsible to compensate Contractor for fees billed up to the date of termination. 3. Contractor's responsibilities and duties include the following: on a regular basis. e, f. a. Coordinate all tasks to be performed with volunteers, City staff, Joint Venture staff, Old School Square staff, Event Performers and suppliers.. b. Recruit and establish volunteer base for various committees and schedule and attend all meetings regarding same. Prepare event schedule and programs. Secure button sale sites and ensure collections and deposits made paid. equipment. Secure services of performers, vendors, and suppliers. Deposit revenues with the City and present to the City all bills to be Assist City with event budgeting and accounting. Obtain event sponsorships. Prepare all advertising and promotional materials. Responsible for event public relations. Arrange for equipment rental; tables, chairs, tents, and production I. Obtain supplies needed for programs. 4. The Contractor shall be paid One Thousand five Hundred Dollars ($1,500.00) by November 15, 2002 and an additional One Thousand Five Hundred Dollars ($1,500.00) by January 15, 2003. The total of these two (2) payments shall not exceed the sum of Three Thousand Dollars ($3,000.00). The City shall issue a check within thirty (30) business days after receipt of invoice in the Finance Department. 2 5. This Agreement does not create an employer/employee relationship between the parties. Contractor is not entitled to any benefits paid to City employees. It is the intent of the parties that under this Agreement, an Independent Contractor is not an employee of the City for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law. 6. Contractor shall be responsible for all taxes of any kind. An IRS W-2 form will not be provided. The City will provide an IRS Form 1099 required by law. Contractor recognizes that no Federal Income Tax or Social Security will be withheld. However, if Contractor requests in writing that Federal Income tax be withheld, the City will deduct the Federal Income tax withheld and remit to the IRS. 7. That Contractor, for good and valuable consideration, in the amount of Ten Dollars ($10.00) shall indemnify, save and hold harmless the City, its agents and employees from any claim, demand, suit, loss, cost of, expense or damage which may be asserted, claimed or recovered against or from City or City's agents or employees, by reason of any damage to property or person, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, or arises out of the negligent or wrongful act(s) of Contractor. (a) Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Paragraph (a) shall survive the execution, delivery and performance of this Agreement. 8. This Agreement is a personal service contract and an assignment of this Agreement by Contractor without the written consent of the City is void. 9. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the City. The provision of services provided for herein is non-exclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 10. Contractor shall not discriminate on the basis of age, religion, race, sex, marital status or handicap in performance of this Agreement. 11. All notices shall be effective when mailed to the following addresses: Contractor address: Katherine Smith 501 Eldorado Lane Delray Beach, FL 33444 City address: Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 12. This Agreement represents the entire understanding of the parties and supersedes all other written or oral agreements. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 13. Contractor understands that Contractor must comply with all applicable laws, rules, and regulations and maintain all required qualifications to provide the 4 services provided for under this Agreement. That this Agreement shall be immediately deemed null and void and notice of termination is not required, if, at any time during the term of this Agreement, Contractor does not abide by all applicable laws, rules or regulations. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA By:.. David T. Harden, City Manager City Attomey WITNESSES: Print Name: Print Name: CONTRACTOR: By: Katherine Smith Social Security No.: STATE OF ' COUNTY OF The foregoing instrument was acknowledged before me this acknowledging), day of , 2002, by (name of person who is personally known to me or who has produced as identification. Signature of Notary Public - State of Florida MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER L~ AGENDA ITEM $$ ~ - REGULAR MEETING OF SEPTEMBER 17. 2002 F.R.D.A.P GRANT/CATHERINE STRONG CENTER/BARWICK PARK SEPTEMBER 13, 2002 This is before the City Commission for formal authorization to accept two (2) Florida Recreation Development Assistance Program (FRDAP) grants for funding in the amounts of $107,250.00 for the tennis courts at the Catherine Strong Center and $50,000.00 for playground equipment at Batwick Pare Recommend approval of the Florida Recreation Development Assistance Program (FRDAP) grants for funding for the tennis courts at the Catherine Strong Center and playground equipment at Barwick Park. S:\City Cle~k\chevelle folder\agenda memos\FRDAP Grant. Cathenne Strong and Bav0nck.09 17.02 CITY OF DELRFIV BERI:H AII-Amedca City 1993 2001 100 N W. lstAVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Agenda Item - F.R.D.A.P. Grants DATE: September 9, 2002 Attached please find the agreements with F.R.D.A.P. for the grants we are receiving in the amount of $50,000 for Barwick Park and $107,250 for the tennis courts at Catherine Strong Center. City Attorney Susan Ruby wanted to clarify Paragraph 18 of the agreement allowing for the City to be self-insured. Attached please find an e-mail from Diane Langston of the Department of Environmental Protection which handles F.R.D.A.P. grants that, in essence, says that the City being self-insured is OK. Please place this on the agenda for September 17, 2002 Commission meeting for City Commission consideration for acceptance and execution of the grants. DJ'~;~;°~f Parks and Recreation Attachment s JW: cp Ref: frdapgrnts THE EFFORT ALWAYS MATTERS Pnnted on Recycled Paper Weldon, Joseph From: Sent: To: Subject: Langston, Diane [Diane. Langston@dep.state.fl.us] Thursday, September 05, 2002 11:21 AM weldon @ci.delray_beach.fl. us Paragraph 18 of Grant Agreement I apoligize for it taking me so long to get back with you, I have been extremely busy. Pargraph 18 is stating that the Grantee is not part of our agency and is self insured. If you have any additional questions, please don't hesitate to email me or call. Thanks :) [lTV ElF DELRI:IV BEI:I[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: Writer's Direct Line: 561/243-7091 MEMORANDUM August 30, 2002 Joseph Weldon, Director of Parks and Recreation FROM: Susan A. Ruby, City Attorney SUBJECT: FRDAP Agreem~ I have reviewed the agreement and have one comment. Would you verify that the insurance referred to in Paragraph 18 can be self insurance? Thanks. SAR:smk Attachment documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 18. The Grantee, as an independent contractor and not an agent, representative, or employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The DEPARTMENT shall have no liability except as specifically provided in this Project Agreement. 19. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 20. The purchase of non-expendable equipment is not authorized under the terms of this Agreement. 21. The DEPARTMENT'S Grant Manager for the purpose of this Project Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE's Grant Manager, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Project Agreement. The GRANTEE, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices shall be delivered to the parties at the following addresses: Page 5 of 10 Department of Environmental Protection Hariory Stoneman Douglas Building Jeb Bush , 3900 Commonwealth Boulevard Governor Tallahassee, Florida 32399-3000 David B. Struhs Secretary August 23, 2002 Mr. Joe Weldon Director of Parks and Recreation City of De]ray Beach 50 NW 1st Avenue Delray Beach, Florida 334~.~. Re: Catherine Strong Park FRDAP Project No. F03477 Dear Mr. Weldon: Attached is your project agreement for the Florida Recreation Development Assistance Program (FRDAP) grant. The grant agreement has been prepared in accordance with your grant application. It is important that you review the agreement to ensure that information specific to your project is accurate. Please execute and remm both original copies of the agreement. In signing the agreement, do not complete the blank space for the date. Our staff will date the agreement when formally executed by the Depathuent and one original copy will be returned to you. Thank you for your attention to this matter. If you have any questions, please contact us at (850) 488-7896 or Stmcom 278-7896. Sincerely, A. Diane Langston Community Assistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station #585 ADL/Id Attachment ' RECEIVEO A~J~ 2 6 2002 "A4ore Protection, Less Process" Pnnted on recycled paper. F3477 DEP Contract Number CSFA Number: 37017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) Project Grant Agreement (FY 2002-03) - Development This Agreement is made and entered into this NO day of , 200 , by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY OF DELRAY BEACH, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: This Project Agreement shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE effective August 23,2000, which is incorporated into this Project Agreement as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this Project Agreement. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Catherine Strong Park (Florida Recreation Development Assistance Program, FRDAP Project Number F03477 ), hereinafter called the PROJECT, and enters into this Project Agreement with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Page 1 of 10 Pre-reimbursement/Commencement Documentation Form, DEP Form FPS- A034. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows good cause: Lighted tennis courts, landscaping, and other related support facilities. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $107,250.00, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $ 107,250 75% GRANTEE Match $ 35,750 25% Type of Match _..Cash and/or In-Kind Service or Land Value The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A037, referenced in s. 62D-5.058(6)2(g), the DEPARTMENT will approve the request for payment. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the State Comptroller's Voucher Processing Handbook at (<httD://www.dbf.state.fl.us/aadir/mainindex.html). Page 2 of 10 The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this Project Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. It is understood by the parties that the amount of this Project Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Project Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 10. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to execution of this Project Agreement as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Project Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 11. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(6) (f) of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to commence the development and approve the request for payment. Page 3 of 10 12. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of project construction and shall certify that it has done so to the DEPARTMENT by completing the Permitting Certification, FPS-A034, referenced in s. 62D-5.058(7) (c) of the RULE. 13. This Project Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before (hereinafter referred to as the PROJECT completion date). The GRANTEE may request up to two (2) one (1) year extensions from the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. PROJECT must be completed within 5 years, or money may revert. 14. Project completion means the project is open and available for use by the public. Project must be completed prior to release of final reimbursement. 15. The GRANTEE shall retain all records supporting PROJECT costs for five (5) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the five-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the five-year retention period. 16. In addition to the provisions contained in Paragraph 15 above, the GRANTEE shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-l, must be provided to the GRANTEE with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall su~rize the funding sources supporting the Project Agreement for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of Attachment 1, Exhibit-l, the GRANTEE shall notify the Department's FRDAP Grants Administrator at 850/488-7896 to request a copy of the updated information. 17. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S non- compliance with this Project Agreement, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the DEPARTMENT. The DEPARTMENT, following a review of the Page 4 of 10 documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 18. The Grantee, as an independent contractor and not an agent, representative, or employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The DEPARTMENT shall have no liability except as specifically provided in this Project Agreement. 19. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter°s employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 20. The purchase of non-expendable equipment is not authorized under the terms of this Agreement. 21. The DEPARTMENT'S Grant Manager for the purpose of this Project Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE's Grant Manager, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Project Agreement. The GRANTEE, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices shall be delivered to the parties at the following addresses: Page 5 of 10 Grantee's Grant ManaGer Mr. Joe Weldon Director 50 N-W 1st Avenue Delray Beach, Florida, 33444 Department's Grant ManaGer A. Diane LanGston Dept. of Environmental Protection 3900 Commonwealth Blvd., MS 585 Tallahassee, Florida 32399-3000 22. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance ProGram. 23. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 24. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material made or received by the GRANTEE in conjunction with this AGreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 25. Prior to the closing of the PROJECT the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the material terms of this Project Agreement. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required until refund and interest is paid to the Department. 26. The GRANTEE shall comply with all federal, state and local rules, regulations and ordinances in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to ensure that the GRANTEE'S contract will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 27. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the Page 6 of 10 public as stated in Administrative Rule 62D-5.059(1). Land under control other than by ownership of the GRANTEE such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 28. Failure to comply with the provisions of the RULE or the terms and conditions of this Project Agreement will result in cancellation of the Project Agreement by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this Project Agreement a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in cancellation of the Project Agreement and may result in the imposition of the terms in Paragraph 25. 29. In the event of conflict in the provisions of the RULE, the Project Agreement and the Project Application, the provisions of the Rule shall control over this Project Agreement and this Project Agreement shall control over the Project Application documents. 30. If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the DEPARTMENT shall cancel this Project Agreement. 31. The State of Florida's performance and obligation to pay under this Project Agreement is contingent upon an annual appropriation by the Florida Legislature. 32. This Project Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the legislative, judicial, or executive branch of local, state, or federal government. 33. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. Page 7 of 10 An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. 34. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign i~unity or the provisions of s. 768.28, Florida Statutes. 35. The employment 6f unauthorized aliens by any GRANTEE is considered a violation of the Immigration and Nationality Act 8 USCA s.1324a(1) (A). If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Project Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations made to perform this Project Agreement. 36. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 37. The Project Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this Project Agreement shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of Page 8 of 10 such provision or the remaining provisions of this Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 38. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Project Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 39. This Project Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 40. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 41. This Project Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Project Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Project Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF DELRAY BEACH By: Division Director (or Designee) Division of Recreation and Parks By: Person Authorized to Sign Printed Name Title Address, Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Co~=~onwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 Address: 50 NW 1st Avenue Delray Beach, Florida 33444 DEP Grant Manag~w/~ / Approved as to Form and Legality: This form has been pre-approved as to form and legality by Jerome I. Johnson,Assistant General Counsel, on July 26, 2002 for use for one year. Grantee Attorney DEP 42-058 Revised 04-05-2002 Page 10 of 10 SINGLE AUDIT ACT - SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circplar A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http:llaspe.os.dhhs.govlcfda. REMAINDER OF PAGE INTENTIONAIJ.Y ~I;~'T BLANK DE1) $$-203 (02-03). Page 1 of 4 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part H, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the Florida Single Audit Act website located at http://sun6.dms.state.fi.us/fsaa/catalQg.htm or the Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.l,g.state.fl.us/, Governor's Website bttp://www.flg0v.com/, Department of Banking and Finance's Website http-d/www.dbf, state.fl.us/, and the Auditor General's Website http:l/www, state,fl.uslaudgen. PART IH: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: _: DEP 55-205 A. Diane Langston Florida Department of Environmeutal Protection Bureau of Design and Recreation Services 3900 Cbmmonwealth Boulevard, MS//585 Tallahassee, FL 32399-3000 Page_2 of 4 · --_-7 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Bo The Federal Audit Clearinghouse designated in oMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street leffersonville, IN 47132 Co Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A'-133, as revised. Pursuant to Section .320(0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: A. Diane Langston Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Copies of financial reporting packages required by PART H of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: DEP 5S-203 (02..03) A. Diane Langston Florida Department of Env'u'onmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 ' ' Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 The Auditor General's Office at the following address: State of Florida Auditor General _ Room 401, Claude Pepper Building 111 West Madison Smmt - Tallahassee, _Florida 32399-1450 Pqe 3 of 4 Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: A. Diane Langston Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blah' Stone Road Tallahassee, Florida 32399-2400 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 (specify appropriate number of years, should be at least five years) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Comptroller, or Auditor General upon request for a period of 3 (specify appropriate number of years) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY l.FYrr BLANK Dm' SS.20~ (0~.0~ _ _ _PaSe 4 6f 4 .~_ Jeb Bush Governor Department of Environmental Protection Harjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 David B. Struhs Secretary August 23, 2002 Mr. Joe Weldon Director of Parks and Recreation City of Delray Beach 50 NW 1st Avenue De[ray Beach, Florida 3~444 Barwick Park FRDAP Project No. F03490 Dear Mr. Weldon: Attached is your project agreement for the Florida Recreation Development Assistance Program (FRDAP) grant. The grant agreement has been prepared in accordance with your grant application. It is important that you review the agreement to ensure that information specific to your project is accurate. Please execute and return both original copies of the agreement. In signing the agreement, do not complete the blank space for the date. Our staff will date the agreement when formally executed by the Department and one original copy will be returned to you. Thank you for yom' attention to this matter. If you have any questions, please contact us at (850) 488-7896 or Suncom 278-7896. Sincerely, A. Diane Langston Community Assistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station #585 ADL/ld Attachment "A4ore Pmtect/0n, Less Process" Primed on recyded paper. F3490 DEP Contract Number CSFA Number: 37017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) Project Grant Agreement (FY 2002-03) - Development This Agreement is made and entered into this ~0 day of , 200 , by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY OF DELRAY BEACH, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: This Project Agreement shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE effective August 23,2000, which is incorporated into this Project Agreement as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this Project Agreement. The DEPARTMENT has found that public o~tdoor recreation is the primary purpose of the project known as Barwick Park (Florida Recreation Development Assistance Program, FRDAP Project Number F03490), hereinafter called the PROJECT, and enters into this Project Agreement with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034. Page 1 of 10 The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows good cause: Renovate playground, and other related support facilities. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $50,000.00, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $ 50,000 GRANTEE Match $ N/A Type of Match None 100% 0% The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A037, referenced in s. 62D-5.058(6)2(g), the DEPARTMENT will approve the request for payment. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the State Comptroller's Voucher Processing Handbook at (<http://www.dbf.~state.fl.us/aadir/mainindex.html). The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter Page 2 of 10 called the PROCEDURE and incorporated into this Project Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. It is understood by the parties that the amount of this Project Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Project Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 10. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to execution of this Project Agreement as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Project Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 11. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(6) (f) of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, the DEPARTM/NT will give written notice to GRANTEE to commence the development and approve the request for payment. 12. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of project Page 3 of 10 construction and shall certify that it has done so to the DEPARTMENT by completing the Permitting Certification, FPS-A034, referenced in s. 62D-5.058(7) (c) of the RULE. 13. This Project Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before (hereinafter referred to as the PROJECT completion date). The GRANTEE may request up to two (2) one (1) year extensions from the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. PROJECT must be completed within 5 years, or money may revert. 14. Project completion means the project is open and available for use by the public. Project must be completed prior to release of final reimbursement. 15. The GRANTEE shall retain all records supporting PROJECT costs for five (5) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the five-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the five-year retention period. 16. In addition to the provisions contained in Paragraph 15 above, the GRANTEE shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-l, must be provided to the GRANTEE with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Project Agreement for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of Attachment 1, Exhibit-l, the GRANTEE shall notify the Department's FRDAP Grants Administrator at 850/488-7896 to request a copy of the updated information. 17. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S non- compliance with this Project Agreement, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the DEPARTMENT. The DEPARTMENT, following a review of the Page 4 of 10 documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 18. The Grantee, as an independent contractor and not an agent, representative, or employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The DEPARTMENT shall have no liability except as specifically provided in this Project Agreement. 19. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 20. The purchase of non-expendable equipment is not authorized under the terms of this Agreement. 21. The DEPARTMENT'S Grant Manager for the purpose of this Project Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE's Grant Manager, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Project Agreement. The GRANTEE, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices shall be delivered to the parties at the following addresses: Page 5 of 10 Grantee's Grant Manager Mr. Joe Weldon Director 50 NW 1st Avenue Delray Beach, Florida, 33444 Department's Grant Manager A. Diane Langston Dept. of Environmental Protection 3900 Commonwealth Blvd., MS 585 Tallahassee, Florida 32399-3000 22. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 23. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 24. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material made or received by the GRANTEE in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 25. Prior to the closing of the PROJECT the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the material terms of this Project Agreement. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required until refund and interest is paid to the Department. 26. The GRANTEE shall comply with all federal, state and local rules, regulations and ordinances in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to ensure that the GRANTEE'S contract will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 27. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the Page 6 of 10 public as stated in Administrative Rule 62D-5.059(1). Land under control other than by ownership of the GRANTEE such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 28. Failure to comply with the provisions of the RULE or the terms and conditions of this Project Agreement will result in cancellation of the Project Agreement by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this Project Agreement a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in cancellation of the Project Agreement and may result in the imposition of the terms in Paragraph 25. 29. In the event of conflict in the provisions of the RULE, the Project Agreement and the Project Application, the provisions of the Rule shall control over this Project Agreement and this Project Agreement shall control over the Project Application documents. 30. If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the DEPARTMENT shall cancel this Project Agreement. 31. The State of Florida's performance and obligation to pay under this Project Agreement is contingent upon an annual appropriation by the Florida Legislature. 32. This Project Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the legislative, judicial, or executive branch of local, state, or federal government. 33. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. Page 7 of 10 An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. 34. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes. 35. The employment of unauthorized aliens by any GRANTEE is considered a violation of the Immigration and Nationality Act 8 USCA s.1324a(1) (A). If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Project Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations made to perform this Project Agreement. 36. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 37. The Project Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this Project Agreement shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of Page 8 of 10 such provision or the remaining provisions of this Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 38. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Project Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 39. This Project Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 40. This Project Agreement is an exclusive contract and may not be assi~tned in whole or in part without the written approval of the DEPARTMENT. 41. This Project Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Project Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Project Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF DELRAY BEACH By: Division Director (or Designee) Division of Recreation and Parks By: Person Authorized to Sign Printed Name Title Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 Address: 50 NW 1st Avenue Delray Beach, Florida 33444 D~P Grant Manager Approved as to Form and Legality: This form has been pre-approved as to form and legality by Jerome I. Johnson,Assistant General Counsel, on July 26, 2002 for use for one year. Grantee Attorney DEP 42-058 Revised 04-05-2002 Page 10 of 10 SINGLE AUDIT ACT - SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MO~TOmNG In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. ~IrIDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXI-HBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfdl the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid fi'om recipient resources obtained fi'om other tharl Federal entities). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http:l/aspe.os.dhhs.gov/cfda. REMAINDER OF PAGE INTENTIONA! J.Y LEFT BLANK DE1) 5~20~ (O2-O3) _ Pnge 1 of 4 J PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part H, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at bttp://www.eog.state.fl.us/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/, Governor's Website http://www.flgov.eom/, Department of Banking and Finance's Website http://www.dbf, state.fl.us/, and the Auditor General's Website bttp://www.state.fl.us/audgen. PART HI: OTHER AUDIT REQUIREMENTS (NOTE: This part wouM be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: DEP 55-203 (()2-0~3) A. Diane Langston Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Page 2 o_f 4 , Audit Director Florida Department of Environmental Protecti6n Office of the Inspector General, MS 40 2600 Blair Stone Road Tallah~ssee, Florida 32399-2400 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as r~vised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Sireet Seffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A'-133, as revised. Pursuant to Section .320(0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: A. Diane Langston Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS//$85 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Copies of financial reporting packages required by PART H of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: A. Diane Langston Florida Deparunent of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS//585 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: DEP S$-203 (02..0~). State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-i450 Page 3 of 4 Copies of reports or management letters required by PART IH of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: A. Diane Langston Florida Department of Environmental Protection Bureau of Design and Recreation Sentices 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Audit Director Florida Deparuaent of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 (specify appropriate number of years, should be at least five years) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Departrnent of Environmental Protection, or its designee, Comptroller, or Auditor General upon request for a period of 3 (specify appropriate number of years) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY !.gYrr BLANK DEP 5S-203 (02..03) - _ Page 4 of 4 m Date: Sept. 9~ 2002 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: Consent Agenda x Regular Agenda When: September 17~ 2002 Workshop Agenda Special Agenda Description of Agenda Item (who, what, where, how much): Request approval to accept 2 grants from F.R.D.A.P.: one in the amount of $50,000 for playground equipment at Barwick Park, and another in the amount of $107,250 for tennis courts at Catherine Strong Center. Department Head~.~" .~ ~~ / Signature: City Attorney RevieW/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): , Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: ~e~'/No Initials: Agenda Coordinator Review: Received: ADMINISTRATIVE SERVICES MEMORANDUM TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item City Commission Meeting September 17, 2002 Approval of Agreement/Holiday Tree Exhibit DATE: September 12, 2002 A. ction City Commission is requested to approve an agreement between the City and the Joint Venture, which delineates responsibilities for the Holiday Tree exhibit. Background In 1995, City Commission accepted the Holiday Tree exhibit from the Downtown Development authority. As part of the agreement to accept the tree, City and Joint Venture responsibilities for the exhibit were agreed to. However, unlike the Fourth of July agreement, a formal agreement between the City and Joint Venture delineating responsibilities was never executed. Attached is a proposed agreement. The Joint Venture Board unanimously approved the proposed agreement at their September l0th meeting. Recommendation Staff recommends approval of the proposed agreement between the City and the Joint Venture for the Holiday Tree exhibit. Attachment Ffie:allen/RAB Doc: Agenda Item Holiday Tree Exhitnt AGREEMENT THIS AGREEMENT is entered into this ~ day of ,2002 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "CITY") and JOINT VENTURE. WITNESSETH: WHEREAS, JOINT VENTURE and the CITY desire to work cooperatively to produce the annual holiday tree display; and WHEREAS, the JOINT VENTURE desires to assist the CITY with the electrical, financial, and public relations aspect of the display; and WHEREAS, the CITY desires to set up and take down the tree, store the tree, maintain the tree and provide security. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are incorporated herein. 2. Term; Renewal. This Agreement shall begin on the date set forth above and shall end on January 31, 2004. This Agreement shall thereafter be automatically renewed for two (2) additional two (2) year periods unless either party gives notice prior to July 1st of any year of the intent to cancel the Agreement. 3. Duties and Responsibilities of CITY: The CITY'S responsibilities include the following at the CITY'S own expense: a. Storage of the tree. b. Transport tree storage containers to and from site. c. Repair and maintenance of the tree and the accompanying scenes and scene containers. d. Prepare and restore tree site, facilities, property, and equipment to the same condition as it existed on the date preceding the event commencement. e. Provide staff assistance for tree assembly and disassembly. f. Assist in installation of scene containers and scenes. g. Provide overall coordination and planning for tree installation and removal. h. Replace tree and scene components as necessary. 4. Duties and Responsibilities of JOINT VENTURE: JOINT VENTURE'S responsibilities include the following at JOINT VENTURE'S own expense: a. Fundraising and sponsorships. 1. JOINT VENTURE is responsible for fundraising and securing sponsorships to help offset costs associated with the tree. The JOINT VENTURE is required to obtain CITY approval prior to adding any additional structures or activities which would increase the CITY'S maintenance, installation, repair, storage, and liability costs. b. Promotion, advertising and public relations. c. Provide contract services for tree assembly and disassembly to include steel erecting, electrical installation, and transport of tree frame to and from site. d. Secure the services of volunteers to assist in tree and scene assembly and disassembly and in manning the tree when open. Also plan, schedule, and coordinate volunteer effort. e. Assisting the CITY with coordination and planning for tree installation and removal. f. Provide restroom facilities for volunteers, workers, and the public. g. Provide security at tree site. 5. Indemnification. To the extent that JOINT VENTURE enters into written contracts with a contractor (as listed in paragraph 4(c) above), JOINT VENTURE shall require the contractor to defend, indemnify, and hold harmless the CITY and Old School Square, its agents, officers, employees and servants against any and all liability, suits, causes of action or any claim whatsoever made, and any direct or indirect damages, including attorney's fees and costs at trial and appellate levels, which may result from the activities and assistance provided by contractor and conducted in connection with the Holiday tree display. 6. Insurance. To the extent that JOINT VENTURE enters into written contracts with a contractor (as listed in paragraph 4(c) above), JOINT VENTURE shall require the contractor to provide insurance in amounts acceptable to the CITY and contractor shall be required to name the CITY and Old School Square as an additional insureds. 7. Governin~ laws; venue. This agreement shall be governed by the laws of the State of Florida. Venue for any proceeding arising out of this agreement shall be in Palm Beach County, Florida. 8. Bindin.q Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 9. Entire A~lreernent. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 11. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 12. Termination. Either party may terminate this Agreement with or without cause by notifying the other party in writing thirty (30) business days in advance of the termination. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first wdtten above. ATTEST: City Clerk Approved as to Form: CITY OF DELPAY BEACH, FLORIDA By:, David W. Schmidt, Mayor City Attorney WITNESS JOINT VENTURE By: (Print or Type Name) (Print or Type Name) (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of ,2002 by (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. Signature of Notary Public- State of Florida TO: THRU: FROM: SUB,JECT: DAVIO~T. HARDEN,~ CITY MANAGER MEETING OF SEPTEMBER 17, 2002 - CONSENT AGENDA APPROVE THE ATTACHED IN-LIEU OF PARKING FEE AGREEMENT FOR THE MERIDIAN The Meridian is a proposed mixed use development located on the 300 Block of SE 6th Avenue (Northbound Federal Highway) consisting of 22 townhomes and approximately 22,228 square feet of office space. Pursuant to Land Development Regulations (LDR) Section 4.6.9(C)8 the development requires the provision of 111 on site parking spaces. The proposed site plan provides 105 on site parking spaces. Therefore, the applicant has requested and received City Commission approval on September 3, 2002 to purchase six (6) in-lieu parking spaces at a cost of twelve thousand dollars ($12,000) each, totaling seventy two thousand dollars ($72,000). It was noted with the approval that the applicant is under contract for an adjacent parcel to the southeast of the subject property to provide additional parking. This parcel will require a Future Land Use Amendment in addition to rezoning. As these processes might not be completed prior to the applicant's submission for a building permit an agreement is proposed granting the applicant a reimbursement of the in-lieu fees if construction of additional parking on the newly acquired parcel occurs. The City Attorney's Office has prepared the agreement which is the item before the Commission. By motion, approve the In-Lieu of Parking Fee Agreement for The Meridian. Attachment: Proposed Agreement Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 IN-LIEU OF PARKING FEE AGREEMENT THIS AGREEMENT ("Agreement") is made as of the. 13~ day of ,~9~ , 200_2, by and between TWE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida ("City"), and ]~ ail ~t~.~, LCf~ , owner of the property ("Owner"). WHEREAS, Owner is the owner of certain real property located in the 300 block of northbound Federal Highway on the east side and further described by the description shown on Exhibit "A", attached hereto, and referred to herein as the "Property"; and WHEREAS, Owner has applied to the City for approval for the development known as "The Meridian", consisting of residential and non-residential use on the Property; and WHEREAS, as a condition of approval for the development on the Property, Owner must provide certain parking as required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations provides that the City Commission may approve the payment ora fee to the City in-lieu of providing required parking; and WHEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing 6 of the required parking spaces for the development of the Property and the City Commission has approved this request; and WHEREAS, Section 4.6.9(E)(3) of the Land Development Regulations also provides that the in-lieu parking fee shall be Twelve Thousand Dollars ($12,000.00) per parking space; and WlTEREAS, tt~e parties desire to enter into this Agreement in order to confirm the terms of the in-lieu fee. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described on Exhibit "A", attached hereto. 3. The City hereby confirms that, pursuant to Section 4.6.9(E)(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in-lieu of providing 6 of the required number of parking spaces associated with the development of the Property. 4. Owner shall pay to the City a total in-lieu of parking fee of Seventy-Two thousand dollars ($72,000.00) (which represents 6 parking spaces at $12,000.00 per parking space) to be paid in full at the time of submission of a building permit application. 5. It is understood that the City may allow the Owner to make certain improvements along the Federal Highway right-of-way adjacent to the project, subject to approval from FDOT. It is also understood that as curbing and pavement already exist along Federal Highway, and if Owner makes the improvements along Federal Highway as required by the City, the City, in its sole discretion, may credit the Owner for the construction of 1 new parking space even though more parking spaces shall be improved along Federal Highway. Also, if the Owner makes the improvements along Federal Highway, the City shall only reimburse the Owner for the actual construction costs, including street lighting. However, regardless of the total construction costs any reimbursement by the City shall not exceed Twelve thousand dollars ($12,000.00). Additional credit, not to exceed 10% of $12,000.00 ($1,200.00), may be taken for the actual construction costs of approved streetscape beautification elements in the public right-of-way. Neither credit for construction of on-street spaces, nor beautification elements shall be reimbursed until such construction has been fully completed. If Owner fails to obtain a Certificate of Occupancy (C.O.), for the development, including the improved parking spaces 2 along Federal Highway adjacent to this project, within 3 years of the approval of the Project site plan, Owner shall not be entitled to any refund of the funds provided to the City. 6. It is also understood that Owner has acquired the property as described in Exhibit "B" and is in the process of obtaining the required approqeals in order to use this property for parking for the Development. The property described in Exhibit "B" is adjacent to the property described in Exhibit "A" and the Owner hereby represents that the two properties shall be unified by a unity of title or other manner acceptable to the City. The City agrees that upon the granting ora C.O. for the property described in Exhibit "B" the City will, upon receiving written request fi'om the Owner, refund to the Owner, the mount, per space provided, that was paid to the City under the terms of this Agreement. Such payment shall be paid within 60 days of the City receiving written notice fxom Owner. If Owner fails to obtain a C.O. for the coustmction of parking spaces on the property described in Exhibit "B" within 3 years of the approval of the Project site plan, Owner shall not be entitled to any refund of the funds provided to the City. 7. In no event shall the City refund to Owner any amount in excess of the $72,000.00 provided to the City by the Owner for in-lieu of parking spaces. 8. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 9. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be mended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 11. 12. This Agreement is not valid unless signed by the Mayor and City Clerk. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County. 13. This Agreement shall be recorded in the Public Records for Palm Beach County, Florida. IN gVITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth below. ATTEST: CITY OF DELRAY BEACH, FLORIDA By:. By: City Clerk David Schmidt, Mayor Approved as to Form: By:. City Attorney ~W1TNF~SES: STATE OF FLORIDA cou foregoin~ instrument was acknowledged before me this I~. day of,~]O~ The 200 Coir¥ ~ l~'I.J~[~,,-, (name of officer or agent, title of officer or agent) 0f (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She known to me or has produced ,as-identification. di~gnature o-"fxNotar~P'ublic- State of Flon'da 4 .AN LEGAL DESCRIPTION LOTS 1 AND 2, BLOCK 120 IN PLANK-NICHOLS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 28 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THEREFROM THE FOLLOWINC DESCRIBED PROPERTY TO wIT: WEST 5 F~ET OF LOTS 1 AND 2, RL~NK NICHOLS SUB01VlSION OF THE NORTH HAl-[= OF BLOCK 120, DELRAY, ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE 28, PALM REACH COUNTY PUBLIC RECORDS, ALSO LESS: A PARCEL OF LAND IN LOT 1. BL~IK-NICHOLS SUBDIVISION AS RECORDED IN PLAT BOOK 15, PACE 28, PALM BFACH COUNTY PUBUC RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM A POINT ON THE NORTH UNE OF SAID LOT 1, LOCATED 5 FEET EASTERLY FROM THE N.M. CORNER OF SAID LOT 1, RUN [A. STERLY ALONG SAID NORTH MNE FOR 15.23 FEET; THENCE RUN SOUTHWESTERLY ALONG A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 15 FEET FOR 25.80 FEET, THROUGH A CENTRAL ANGLE OF 90'54'00" TO A POINT ON A UNE PARALLEL TO AND 5 FEET EASTERLY FROM THE WEST LINE OF SAID LOT 1: THENCE RUN NORTH 01'01'05" WEST ALONG SAID PARALLEL UNE FOR 15.23 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: LOTS 5, ~, 5 AND 6, BLOCK 120 OF THE BLANK-N~CHOLS SUBDIVISION, ACCORDING TO THE OFFICE OF THE CLERK OF THE C~RCU~T COURT IN AND FOR PALM BEACH COUNTY, FLORIDA` RECORDED IN PLAT BOOK 13, PAGE 28, EXCEPT THE WEST FIVE (5) FEET OF THE SUBJECT PREMISES WHICH WAS CONVEYED TO THE STATE OF FLORIDA BY DEED RECORDED N OFFICIAL RECORDS BOOK 388, PAGE 268 TOGETHER WITH THE NORTH 87.5 FEET OF THE SOUTH ONE-HALF (S1/2) OF THE WEST ONE-HALF (W1/2) OF 8LOCK 120, OF THE CITY OF DELRAY BITJ~CH (FORMERLY TOWN OF UNTON) ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA. RECORDED IN PLAT BOOK 1, PAGE .3, EXCEPT THE WEST FIVE (5) FEET OF THE SUBJECT PREMISES WHICH WAS CONVEYED TO THE STATE OF FLORIDA BY DEED RECORDED IN OFFICIAL RECORDS BOOK. 388, PAGE 268, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AL~O L~SS THAT PORTION OF THE 16 FOOT ALL~Y AS DEEDED IN DEED BOOK 352, PAGE 584 AND DEED BOOK 550, PAGE 282. PUBUC RECORDS OF PALM BEACH COUNTY, FLOR~D~ TOGETHER WITH: ~vo PARCELS OF LAND LOCATED IN BLOCK 120, TOWN OF LINTON (NOW DEI.RAY BEACH), FLORIDA, ACCORDING TO THE PLAT THEREOF RECOROED IN PLAT BOOK 1, PAGE 3, OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS: PARCEL NO. 1: THE SOUTH 70 FEET OF THE WEST 127 FEET OF SAID BOLOCK 120, TOWN OF LJNTON, LESS ROAD RIGHT--OF-WAY FOR STATE ROAD NO. 5 (U.S. 1) CONVEYED BY DEED RECORDED IN O.R. BOOK 4.30. PACE 418, PALM BEACH COUNTY RECORDS. PARCEL NO. 2: THE NORTH 52 FEET OF THE SOUTH 122 FEET OF THE WEST 145 FEET OF SAJD BLOCK 120. TOWN OF LINTON, LESS ROAD F~IGHT--OF-WAY FOR STATE ROAD NO. 5 (U.S. 1) CO~EYED BY DEED RECORDED IN O.R. BOOK 387, PAGE 319, PALM BEACH COUNTY RECORECORDS. TOGETHER WITH: THE SOUTH ONE-HALF OF BLOCK 120, LESS THE EAST 145 FEET, THE NORTH 87.5 FEET, THE SOUTH 122 FEET AND THE WEST 5 FEET THEREOF, DELRAY BEACH (FORMERLY UNTON). FLORIDA, ACCORDING TO THE pLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 3. SAID LANDS LYING IN THE CITY OF DELRAY R-EACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 1.874 ACRES (81,636 SQUARE FEET). MORE OR LESS. F~h~b~t A -SKETCH OF DESCRIPTION A PORTION OF BLOCK I?.0 TOWN OF LINTON (NOW DELRAY BEACH) '"' (PB 1. PG .3, PBCR) 25.00' 30.00' LAND DESC~PTION: - SURVEY NOTES: ~. T.,S ~ ~T ^ .OUNCe' SU.Ver. Z .F.~R,.¢S SHOW. a~O. ~' ~ ~ ~ ~ ~-OF-W~ U.~ O~ .O~U.D U.S. R~. N52', S122', W143'. BLOCK 120 LESS THE W5' 127.00' 143.00' S70', W127', BLOCK 120 LESS ORB ~30, PG 418 (R/W) SOUTH UNE ~r BLOCK 120---' (PB 1, PG 3, PBCR) S88'58'467E 16.00'i [-.:-;.:j-2i~ CD ' ".' JICD 0 ' ..-... b '. %-;.4 b .... ................. 16.00' NBS'55'46"W 57. E, 4 TH S TIqEET /'- SCALET "=30' u~oo m A PORTION OF BLOCK 120, TOWN OF UNTON (NOW DELRAY BEACH), ACCORDING TO THE PLAT TH.~:~EOF RECORDED IN PLAT BOOK 1, PAGE :5 OF THE PUBMC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE FAST 16.00 FEET OF THE WEST 143.00 FEET OF THE SOUTH 70.00 FEET OF THE SOUTH HALF OF SAID BLOCK 120. SAID LANDS LYING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 1120 SQUARE FEET, MORE OR LESS. PROJECT NO: 01--0557A~03 SHEET I OF I SHEET ~I:' NAM~ X-\CAD~,SURV~O557AOO~,SK~mT'CH-~\16X70 SKLETCH OF DESCRIPTION IoW" IDA'I'[ I F'B/PG ~HKD MICHAEJ_ D. ROSE PROF~IAN. SURVEYOR AND MAPPER, r'-LORIDA P~GI~Ig::~ATION NO. 3998 0.7 A FLORIDA '..l~ SURVEYOR AND MAPF'~R ~ MA~ IS FOR IN-'ORMATIOe~A:_ ~*JR~=~"~S ONlY AND ~j NOT ~ DROTOS ?ERTl---]CAT? OF' AUTHORIZATION NO. IESS .~ Pm, lmefmr Road · Suite IgOe Pt. Louderdole, .~q-*.: 954-776-7604 - FAX: 954--776-7608 DELRAY BEACH AII-AmericaCity 100 N W. 15t AVENUE ~TO: David T. Harden, City Manager 1 993 FROM: ~PRobert A. Barcinski, Assistant City Manager 2001 DELRAY BEACH, FLORIDA 33444 561/243-7000 DATE: September 11, 2002 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 17, 2002 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for October 17, 2002 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6. (Iq) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to N.E. 1st Street, and NE 2na Avenue from Atlantic Avenue to NE 2na 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. BACK6ROUND Attached is a request for approval and City assistance for this event from Marjorie Ferrer. The estimated overtime cost for this event is $7,000. Cost for stage rental use would be $530. City Commission has capped the amount the City would pay for overtime at $6,500. Actual overtime costs for June's event were $7,547.86. A copy of the hold harmless agreement, insurance certificate, and event budget is attached. This is not a new event. RECOMMF. J4DATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use and set up of stages, and City barricades with an overtime and stage use cap of $6,500 RAB/tas cc: Lt. Geoff Williams Joe Weldon Harold Bellinger File:u:sweeney/events Doc Agenda Art and Jazz on the avenue 101702 Pr~nted or~ Recycled P~4~.r THE EFFORT ALWAYS MATTERS September 4, 2002 Mr. Robert A. Barcinski City of Delray Beach 100 N.W. lS~ Avenue Delray Beach, FL 33444 RE: avenue AGENDA ITEM - CITY COMMISSION APPROVAL SPECIAL EVENT REQUEST - ART & JAZZ ON THE AVENUE Dear Mr. Barcinski: City Commission is requested to endorse Art & Jazz on the Avenue scheduled for Thursday, October 17, 2002 and to grant a temporary use permit per LDR'S section 2.4.6(H) for use of City property and right of way. We are requesting street closure on Atlantic Avenue from: o Swinton Avenue to 7th Avenue o South side of Atlantic Avenue from 7th to just past the Blue Anchor Pub o Railroad Way from Atlantic Avenue to N.E. Ist Street o NE 2nd Avenue from Atlantic Avenue to N.E. 2nd Street o Temporary Closure from 6:00 p.m. Atlantic High School Homecoming Parade will begin the celebration will start at Veterans Park, going west on Atlantic Avenue, ending at the courthouse. This will be a "parade moving closure", estimated time 6:00 to 6:30 p.m for those areas outside the street closure request for the event. Closure of Atlantic Avenue and N.E. 2nd Ave for the event will be from 5:00 p.m. to 10:00 p.m. We are requesting that the City provide staff support for barricade setup and removal, trash removal and clean up, police security for traffic control, monitoring the FEC railway crossing, stage use setup and removal, and banners and signage setup and removal. The City support of this event, with no charge to the Joint Venture, is crucial to our success. Your consideration and cooperation is very much appreciated. MARJORIE FERRER Downtown Coordinator' Encl: (1)Hold Harmless Agreement (2) Liability Insurance DELRAY BEACH JOINT VENTURE * Commumty Redevelopment Agency * Delray Beach Chamber of Commerce * Downtown Developmental Authority 64-A S E Fifth Avenue, Delray Beach, FL 33483 · Tel 561-279-1380 Ext 16 · Fax' 561-278-0555 · www. delraybeachwllagebythesea.com SPECIAL EVENT HOLD HARMLESS AGREEMENT The Downtown Delray Beach Joint Venture in consideration of the payment of ten (10) (Name of Entity) dollars, receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attomey's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Downtown Delray Beach Joint Venture use of City facilities or (Name of Entity) property for the special event of *ART & JAT? and hereby releases the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the special event of ART & JAZZ (Name of Entity) * This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Downtown Delray Beach Joint Venture as covered under Scottsdale Insurance Company Policy number CLS0737702 ART & JAZZ (Name of Special Event) Witness Print, ame Wit~ess Please name Michael Lis'tick, Chairman Delray Beach Joint Venture Michael Listick Pdnt Name ~iQ_RD. WED 10:30 FAX $61276524¢ P[,ASTRIDGE CERTIFICATE OF LIABILITY INSU ~ ~.~v~_~ [ 01/09/02 TH~ C~F~TE ~ ~UED AS A MAWR OF INFORMATION ONCY ~O CONFER8 NO RI~ U~ ~E CERT~IC~ HOL~ A~R ~E IN;URnS ~FO~ING COVE~GE 64 S.E. 5~:h A'v~nue De/ray ~a=h FI. 33444 COVERAGES I ~A?~RE-C~[REMENT~TERM~R~N~i~N~ANYC~"TRACT~R~THEq~CUMENT~1TH~E~PE¢~T~HTH~'~EF~t1F1CAT~rv~Y~E~U~R i M~Y ~E~N, ~ INSU~ AFFO~DE~ ~ THE PoLiC~ D~C~iBED HERE~ 1S SU~ECT TO ALL ~ ~R~ ~C.USI~ AND COND~N$ o~u~ __ ;older is n~ ~s ad~on~ n~ insteP. Spe~al ~nt - 5 ~t & o~ ~he A~nue ~ 8 ~= Ni~s on %he A~nue. t0000O0 50000 1000000 ,'~-s 1000000 CANCELLATION DELRA- 1 100 N.W. 1st A~enue D~l=ay B~&c~ FL 33444 ~ ACOR~ GORPORA TIOf~ MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Kendra W. Graham, C. D. Administrator ~ Lula Butler, Community Improvement Director//~ September 12, 2002 Southwest Area Neighborhood Redevelopment Plan/ JEG Associates - Extension of Contract for Consulting Services ITEM BEFORE THE COMMISSION City Commission approval to extend the Agreement Between the City of Delray Beach and JEG Associates for the Southwest Area Neighborhood Redevelopment Plan until September 30, 2002, and to expand the Scope of Services at an additional cost of $10,000. BACKGROUND On February 19, 2002, the City entered into an Agreement with JEG Associates in the amount of $50,000 to develop a Southwest Area Neighborhood Redevelopment Plan. The Study Area boundaries are as follows: 1-95 on the west, Swinton Avenue on the east, Southwest l0th Street, and Atlantic Avenue on the north. The Community Management Team is requesting an extension of the Agreement to allow for an expansion of the Scope of Services to include design of the area south of 4th Street, which they have labeled as their "Community Service Block" and to allow for additional multiple design workshops with community stakeholders and the Management Team. Funding for the additional $10,000 cost will be split 50/50 between the City of Delray Beach Community Development Division and the Community Redevelopment Agency (CRA). The CRA's $5,000 will be submitted to the City for disbursement. RECOMMENDATION Staff is recommending approval of the extension of the Agreement and expanded Scope of Services between the City of Delray Beach and JEG Associates for the Southwest Area Neighborhood Redevelopment Plan. MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Kendra W. Graham, C. D. Administrator ~ Lula Butler, Community Improvement Director//~ September 12, 2002 Southwest Area Neighborhood Redevelopment Plan/ JEG Associates - Extension of Contract for Consulting Services ITEM BEFORE THE COMMISSION City Commission approval to extend the Agreement Between the City of Delray Beach and JEG Associates for the Southwest Area Neighborhood Redevelopment Plan until September 30, 2002, and to expand the Scope of Services at an additional cost of $10,000. BACKGROUND On February 19, 2002, the City entered into an Agreement with JEG Associates in the amount of $50,000 to develop a Southwest Area Neighborhood Redevelopment Plan. The Study Area boundaries are as follows: 1-95 on the west, Swinton Avenue on the east, Southwest l0th Street, and Atlantic Avenue on the north. The Community Management Team is requesting an extension of the Agreement to allow for an expansion of the Scope of Services to include design of the area south of 4th Street, which they have labeled as their "Community Service Block" and to allow for additional multiple design workshops with community stakeholders and the Management Team. Funding for the additional $10,000 cost will be split 50/50 between the City of Delray Beach Community Development Division and the Community Redevelopment Agency (CRA). The CRA's $5,000 will be submitted to the City for disbursement. RECOMMENDATION Staff is recommending approval of the extension of the Agreement and expanded Scope of Services between the City of Delray Beach and JEG Associates for the Southwest Area Neighborhood Redevelopment Plan. DELKAY BEACH COMMUNITY RIEDEVELOPIqENT REG~ MEETING Thursday, August 22, 2002, 6:00 p.m. 104 West Atlantic Avenue Deiray Beach, FL BOARD MEMBERS PRESENT: lohn Weaver Brenda Montague Kevin lVicCarty Howard FJlingsworth Chuck Ridle7 .STAFF/CONSULTANTS PRESENT: Diane Colonna Ron Hoggard Rosalind Murray Thuy Shutt Juliana Steele Robert Federspiel BOARD MEMBERS ABSENT; Robert Costin Lamar Shuler O'Iq~RS PRESENT: Chris Hummer Seabron Smith Tim Yaxley less Sowards laime Correa Bill Sanders Chairman Weaver called the meeting to order at 6:05 p.m. Mr. McCarty moved to approve the agenda; Mr. Ellingsworth seconded. Consent Agenda item #9 - Amendment to Michael Simon's Consulting Contract - was pulled from the Consent Agenda and Tabled. Mr. Ellingsworth moved to approve the agenda as amended. Mr. Ridley seconded. The motion was approved unanimously. Mr. McCarty moved to approve the minutes of the regular meeting of August 2, 2002; Mr. Eliingsworth seconded. Ms. Montague questioned P&Z item 4-g regarding the installation of two antique light fixtures at 133 East Atlantic Avenue. The minutes should reflect that the board did not support that proposal. Mr. McCarty moved to approve the minutes as amended; Mr. Ellingswo~th seconded. The motion passed unanimously. 104 West Atlantic Avenue * Delmy Beach. Florida 561-27643640 · Fax 561-276-8558 4. P&Z Village Walk: The project calls for the construction often town home units in three buildings. The Board reconuflended approval of the site plan for Village Walk to be located at 64 NE 4ts Avenue between East Atlantic and NE 1'~ Street with the comments by P&Z and stall'incorporated. Spanish River Resort: The proposal calls for a modification in the site plan and construction of the project to allow for the construction to occur in phases. The first phase will include the renovation of the existing 11-story building the addition of five new suites, construction of the pool/spa on the south side of the building, elimination of the driveways along East Atlantic Avenue, and the construction of a drop-off- porte-cochere on Seabreeze Avenue. The existing 61-space parking garage will remain and 4 parallel parking spaces added along the north side of the drive leading to the garage. The 51-room addition and the 232-space parking garage wffl be addressed in a later phase. Mr. McCarty raised the question as to traffic flow on Seabreeze which is a residential street. Ms. Shutt replied that the site plan had already been approved the prior year, today the Board was just commenting on the modifications to the site plan in terms of phasing. Ms. Shutt raised some concerns with how the valet parking would be handled. The Board recommended approval of the amended site plan in terms of phasing taking into consideration Ms. Shutt's comments. 5. Public Comments. There were no public comments. Consent Agenda: 6. Financial Reports for the Period Ending July 31, 2002 7. Pay off of Tennis Center Note 8. Renewal of In-Kind Contribution Agreement with Pineapple Grove Main Street, Inc. Approved with approval of the agenda above. New Business: 10. Design Guidelines Consulting Contract: Thuy Shutt reviewed the consulting contract between Correa Valle Valle Inc. for the development of the Downtown Delray Beach Design Guidelines Code Development Project. The cost of the project will be $75,600 with out-of- pocket reimbursable expenses not to exceed $15,120 or 20% of the total compensation cost, whichever is less. The contract contains four exahibits that detail the project scope, specific project tasks, deadlines, deliverables, and itemized costs and reimbursable expenses for each of the six proposed phases of the project. The project is estimated to be completed in 10-12 months. Kevin McCarty moved to approve the contract for Correa Valle Valle Inc. to lead the Downtown Delray Beach Design Guidelines Code Development Project at a cost of $75,600 with out-of-pocket reimbursable expenses not to exceed $15,120 or the equivalent of 20% of the total project compensation cost; Mr. Ellingsworth seconded. The motion passed 2 11. 12. 13. 14. unanimously. Executive Director Annual Review: Evaluation forms for Diane Colorma's annual review were provided to each Board member. Brenda Montague was selected by the Board as the Board liaison for the review process. Extension ofDonnie Dobson's Loan Commitment: Donnie Dobson's Loan Agreement with the CRA expires on August 30, 2002. Mr. Dobson is on vacation and could not make this board meeting and so Ms. Murray recommends that the loan commitment be extended through the next board meeting when Mr. Dobson can be present and provide a written and oral report on the progress of the projea and when he expects to close on his construction loan. Mr. Ellingsworth moved to extend Mr. Dobson's loan commitment to the next board meeting; Brenda Montague seconded. The motion passed unanimously. Fifth Amendment to Contract for Sale, Purchase and Development Agreement with Atlantic Grove Partners, LLC: The current Contract with Atlantic Grove Partners LLC requires that they close on the property By Au~m~-t 27, 2002. Due to changes in their financing they have requested that the date be extended to October l 0, 2002. It has been determined that the Section 108 loan that the nonprofit partners had been seeking will not work with this project and so negotiations to increase the bank financing portion are underway. The financial contribution to the project fi.om the nonprofits would now be limited to a County grant for $600,000. Atlantic Grove Partners expects to be able to close by mid-September, but has asked to extend that date to October 10, 2002 to provide some additional flexibility. Mr. McCarty questioned representatives fi.om LISC and the TI~D Center who were present as to where in the commitment process th~ were with the County grant. Mr. Plummer fi.om LISC said the grant was approved, but due to the loss of the Section 108 loan the grant agreement had to be reworked so that the funds could be used for acquisition costs instead of only soi~ costs. Mr. Plummer said the reworked grant agreement would be on the next City Commission agenda. Mr. EllinSsworth moved to extend the Contract for Sale, Purchase and Development Agreement with Atlantic Grove Partners LLC to October 10, 2002; Ms. Montague seconded. The motion pe, ssed u, anirnously. Amendment to Temporary Use Agr~ cement with Atlantic G-rover Partners LLC: Atlantic Grove Partners LLC has asked to amend the temporary use agreement they have for Blocks 28/36 to permit them to construct a fence around the western-most parcel (block 28) to protect the trailer they have placed there. Also, they would like to begin relocating trees on both blocks and start land development. Ms. Colonna recommended that the construction of the fence and relocation of existing trees be permiss~le, but no further improvements would be advised. Ms. Montague questioned having any activity on the site prior to dosing and felt that erecting a fence to protect the trailer was all that should be permitted; moving the trees should not be. Mr. Federspiel said that any activity on the site where outside contractors were used would require that those contractors name the CRA as an additional insured and that Release of Liens be obtained upon payment to insure a smooth closing. Kevin MeCarty made a motion to amend the temporary use agreement with Atlantic Grover Panners LLC to allow for the installation of a fence on Block 28 and to relocate the existing trees on the property; Mr. Ellingsworth seconded. The motion passed 4-1, with Ms. Montague dissenting. 15. Additional Funding for the Southwest Neighborhood Plan: JEG Associates is the consultant working on the Southwest Neighborhood Plan for the southwest area. The original contract was for $55,000 and the CRA's contribution was $10,000. The Community Management Team has requested that JEG perform some additional services totaling $10,000. Those services are: an additional Community Planning Workshop, additional conceptual illustrations and technical assistance in developing a Residential Relocation Plan. The City has asked that the CRA share the cost of this contract addendum with them through a $5,000 contribution. Mr. MeCarty moved to approve the additional eontn'bution of $5,000 toward the Southwest Neighborhood Plan; Ms. Montague seconded. The motion passed unanimously. Other Business: 16. Commissioners Comments: NONE 17. Board Attorney Comments: NONE 18. Executive Director Comments: Ms. Colonna announced that the CRA was getting an award from the Florida Chapter of the American Planning Association (FAPA) for our Downtown Master Plan. The CRA has been entering the plan into various award contests and this is the first win. The CRA also plans to enter the plan in the national award contest through the American Planning Association. 19. StaffComments: MS. Murray asked the Board what the Board was looking for in terms of an update with respect to the CRA, WARC and City Commission goals that were set at last year's workshop. Mr. Weaver directed Ms. Murray to make a presentation to the Board at the next meeting of the goals that were set at that workshop. Ms. Murray handed out flyers regarding the West Settler's Kick-OffMeeting. There being no further business, the meeting was adjourned at 7:00 PM. John Weaver, Chairman Diane Colonna, Executive Director 4 Agenda Item No.: AGENDA REQUEST Request to be placed on: ~ Regular Agenda __ Special Agenda __ Workshop Agenda __ Consent Agenda Date: When: September 12, 2002 September 17, 2002 Description of item: Authorization and approval to extend Agreement Between the City of Delray Beach and JEG Associates for the Southwest Area Neighborhood Redevelopment Plan until September 30, 2002, and to expand the Scope of Services. The expanded Scope of Services will cost an additional $10,000. Funding to be split 50/50 between the Community Development Division and the Community Redevelopment Agency. Funds available in account number 001-6113-559-31.96 - $5,000 and account number 118- 1974-554-31.96 - $5,000. Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Staff recommends approval Department Head Signature: ~~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~0~q/l~O~ Funding Alternatives: (if applicab, le) Account No. & Description:OOI-bllSx~59-5}.'l~ ~r~ ~)~J? J,~ld .DI~ Account Balance: Review: Approved for Agenda: Hold Until: City Manager Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM#"'6~ -REGULAR MEETING OF SEPTEMBER 17. 2002 (3RANT AWARD FOR HOUSING REHABILITATION CONTRACT SEPTEMBER 13, 2002 This is before the Commission to consider approval of the following housing rehabilitation contract: · $20,758.50 to Hemy Haywood for 324 S.W. 11t~ Avenue Funding for the total amount of $20,758.50 for this grant is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation). Recommend approval of the housing rehabilitation grant awaxd contract as outlined above. S:\C~ty Clerk\chevelle folder\agenda mem~\CDBG Hotmmg Rehab Award.09.17.02 City of Delray Beach Community Development Division MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Director of Community Improvement ~_~ Kendra W. Graham, C.D. Administrator ~ September 12, 2002 Community Development Division Housing Rehabilitation Grant Award ITEM BEFORE CITY COMMISSION Approval is requested for one (1) Housing Rehabilitation grant award to the lowest responsive bidder. This request is ~n accordance w~th the City's Community Development Division's approved Polimes 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 w~th 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 gmdelines. Pay request forms require both contractor and homeowner's s~gnatures. Grant remp~ents have met all eligibdity requirements as specified ~n 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 ~ncipient code violations. Detailed work write-ups and individual case files are available for review ~n the Community Development Division Office. The Community Development Division is responsible for ensunng that the housing rehabilitation contracts are awarded to the lowest responsible b~dder, as a result of a formal b~d process. Therefore, an ~n-house pohcy was created to limit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate. This serves to disquahfy unreasonably low bids and therefore protect against the resulting change order requests. This pohcy further assists the Division w~th its goal of completing each rehabdltation activity utilizing the estimated amount of funding required. RECOMMENDATION Staff re¢on~mends awarding the bid for one (1) Housing Rehabilitation project to the verified responsible low bidder and authorize award in the £ollow~ng amount: Case Number Address Contractor Grant Amount 00-051 HR 324 SW 11th Ave. Henry Haywood $20,758.50 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2002-45 CDBG HR APPLICANT: Dinah Mae Lamons PROJECT ADDRESS: 324 SW 11th Avenue DATE OF BID LETTERS: August 15, 2002 DATE OF BID OPENING: August 29, 2002 NAME OF CONTRACTORS ABISSET CORPORATION ALPHA SOUTH CONSTRUCTION CRAFTSMAN PLUS, INC. HENRY HAYWOOD KONRADY CONSTRUCTION CO., INC. HENRY HAYWOOD HORIZON ROOFING PRESTON CONSTRUCTION SOUTH FLORIDA CONSTRUCTION WRIGHT'S WAY ROOFING IN-HOUSE EST/MATE CONTRACTOR AWARDED CONTRACT: $ $ $. $ $ $ $ $ $ $ Henry Haywood AMOUNT OF BIDS $ 21~275.00 19~770.00 20~062.00 BID/CONTRACT AMOUNT: $19,770.00 bid/contract amount + 5% contingency = $20,758.50 FUNDING SOURCE: CDBG Rehabilitation Program Account No. 118-1963-~54-49.19 COMMENTS: AGENDA REQUEST Request to be placed on: ~ Regular Agenda ~ Special Agenda Workshop Agenda e~- Consent Agenda Description of item (who, what, where, how much): Case Number Address 00-051 HR 324 SW 11th Avenue Date: September 12, 2002 When: September 17, 2002 Contractor Henry Haywood Grant Amount $20,758.50 ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of one (1) Community Development Block Grant (CDBG) Housing Rehabilitation Grant and Contract award from Account 118- 1963-554-49.19 in the total amount of $20,758.50. This 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: ~/NO~~]lqO~ Funding Alternatives: Account No. & Description: 11 - 9 -55q- qq, lq Account Balance: O Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved DELRAY BEACH Ail-America City 1993 2001 100 N W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 M O DUI TO: FROM: David T. Harden City Manager RAobert A. Barcinski ssistant City Manager DATE: September 13, 2002 SUBJECT: Agenda Item City Commission Meetinl~ September 17, 2002 Approval Tri-Party Agreement and Budget - First Night 2003 ACTION City Commission is requested to approve a proposed tri-party agreement between the City, Joint Venture, and Old School Square and a proposed budget for First Night 2003. BA CKGR 0 UND This item was reviewed by Commission at your Workshop meeting. Adjustments were made to the agreement which removed insurance and indemnification provisions, these were not required. The agreement sets forth the responsibilities of each agency with the City taking the lead and sponsorship for the event. Support services will be provided by the Joint Venture and Old School Square as specified in the agreement. We did check into the cost of rain insurance as requested. The cost would be approximately $2,500. We are not recommending the purchase of the rain insurance. The Joint Venture Board of Directors approved this agreement at their meeting on September the 12th. The Old School Square Executive Committee will consider approval at their noon meeting on September 17th. The event budget is the same as that presented at your Workshop. RECOMMENDATION Staff recommends approval of the proposed tri-party agreement and budget for First Night 2003 event. RAB/tas Cc: Marjorie Ferrer 561/243-7000 File u sweeney/events Doc:First Night 2003 Prlntod on Recycle~1 Po£ ~r THE EFFORT ALWAYS MATTERS AGREEMENT THIS AGREEMENT entered into this ~ day of ,2002, by and between the CITY OF DELRAY BEACH, (hereinafter referred to as City), JOINT VENTURE and OLD SCHOOL SQUARE, and provides as follows: WHEREAS, the City desires to host "First Night 2003" on December 31, 2002; and WHEREAS, the City shall oversee the event; and WHEREAS, Joint Venture and Old School Square shall also contribute toward planning of the event; and WHEREAS, the City Commission has determined it to be in the best interests of the residents of the City to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the parties hereby agree as follows: 1. INCORPORATION OF RECITALS The above-stated recitals are incorporated as if fully set forth herein. 2. Term. This Agreement shall begin on the date set forth above and shall t end on January 15, 2003. 3. Responsibilities and duties of the City include the following: Provide oversight for all aspects of event. Prepare budget. Review all expense requests and contracts, Deposit and keep a record of all revenues. assistance. f. g. h. i. Provide logistic support and staffing for traffic, security and EMS to the same Provide barricades, signs, and installation of same. Provide clean-up and trash removal. Provide $10,000.00 contribution. Restore site, facilities, property, and equipment condition as it existed on the date preceding the event commencement. 4. Responsibilities and duties of Joint Venture include the following: a. Provide office space, desk, telephone, and computer. b. Provide planning and coordination assistance. c. Assist in directing and overseeing work of event administrator. d. Obtain volunteers and make event assignments. Responsibilities and duties of Old School Square include the following: a. Agree to sign over event license to City. b. Provide space as needed free of charge. c. Provide technical and planning assistance. NOTICES. To Joint Venture: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Marjorie Ferrer 64-A S.E. Fifth Avenue Delray Beach, FL 33483 To the City: Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To Old School Square: Old School Square, Inc. 51 North Swinton Avenue Delray Beach, FL 33444 or to such other addresses as either party may designate in writing. 7. INTERPRETATION, This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or wdtten agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 8. Governina laws; venue. This agreement shall be governed by the laws of the State of Florida. Venue for any proceeding arising out of this agreement shall be in Palm Beach County, Florida. 9. Bindina Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefrt of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 10. Entire A~reement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 11. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 12. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: David W Schmidt, Mayor 4 Approved as to Form: CITY Attorney WITNESS JOINT VENTURE (Print or Type Name) By:. Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged ,2002 by agent, title of officer or agent) of (name of corporation acknowledging), a incorporation) corporation, on behalf of the corporation. me or has produced before me this day of (name of officer or (state or place of He/She is personally known to as identification. Signature of Notary Public- State of Florida WITNESS (Pdnt or Type Name) OLD SCHOOL SQUARE, INC. By: Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of ,2002 by (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 as identification. 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O~ ~~-q ..........~ MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY CONIlVIISSIONERS CITY MANAGER ~ AGENDA ITEM - REGULAR MEETING OF SEPTEMBER 17. 2002 AWARD OF BIDS AND CONTRACTS SEPTEMBER 13, 2002 This is before the City Commission to approve the award of the following bids: Purchase award to United Compressor in the amount of $34,161.25 for the purchase of a Self Contained Breathing Apparatus Air Compressor and Fill Station under the Palm Beach County Bid #01-192/CB. Funding is available from 334- 6112-519-64.90 (Other Machinery/Equipment). Bid award to Florida Network Tours, Inc. in the total amount of $50,710.00 for bus rental and driver service. Funding is available from 001-4106-572-44.90 (Summer Camp), 001-4121-572-44.90 (Special Events), 001-4105-572-44.90 (Afterschool Program), 115-4912-572-55.30 (Rocks Football Away Games), and 001-4121-572- 55.30 (Rocks Football Home Games). Bid award to Oceanside Beach Service in the amount of $3,916.00 per month for beach cabana service. Recommend approval of the above bids and purchases. S:\C,ty Clerk\chevelle folder\agenda memo\~d Memo 09.17.02 CITY OF DELRRY BEACH FIRE DEPARTMENT DELRAY BEACH Ali.America City 1993 MEMORANDUM SERVING DELRAY BEACH TO: FROM: DATE: SUBJECT: RECEIVED SEP 6- 2002 CiTY MANAGER David T. Harden, City Manager Kerry B. Koen, Fire Chief September 6, 2002 Purchase of SCBA Fill Station and Compressor · GULFSTREAM · HIGHLAND BEACH I am requesting the purchase of a Self Contained Breathing Apparatus air compressor and remote fill station from this year's C.I.P. budget. The compressor wall be purchased from the Palm Beach County contract and the fill station will be purchased from a recent competitive bid. The total amount of th~s project is $34,161.25 and United Compressor, Inc. submitted the lowest bid. The funds are available in category #334- 6112-519-64-90. Thank you for your consideration in this matter. Kerry B. Koen Fire Chief FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper rITV DF DEI. RI:lY BER[H FIRE DEPARTMENT SERVING DELRAY BEACH DELRAY BEACH MEMORANDUM TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief DATE: September 6, 2002 SUBJECT: Purchase of SCBA Fill Station and Compressor RECEIVED SEP 8- 2002 CITY' MANAGER GULFSTREAM HIGHLAND BEACH I am requesting the purchase of a Self Contained Breathing Apparatus air compressor and remote fill station from this year's C.I.P. budget. The compressor will be purchased from the Palm Beach County contract and the fill station will be purchased from a recent competitive bid. The total amount of this project is $34,161.25 and United Compressor, Inc. submitted the lowest bid. The funds are available in category//334- 6112-519-64-90. Thank you for your consideration in this matter. Kerry B. Koen Fire Chief FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Pnnted on Recycled Paper 10/30/2001 00:22 FAX W~en H Ne~ll, C~i~an C~ol A..~m, Vice Chai~ M~ M~ Tony Addle BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION BID #0~[-192/CB HIGH PRESSURE BREATHING AIR SYSTEM FOR FIRE RESCUE, FURNISH, 1NSTALt. AND MAil--rAIN ~104 Robert Weisman Purchasing Department BID OPENING DATE: November 1.5, 2001 AT 2:00 P.M. It is the responsibility of the bidder to insure that ali pages are included. Therefore, all bidders are advised to closely exam~ng this package. Any questions regarding thc completeness of this package should be immediately directed to Palm Beach County Purchasing Department (561) 616-6800. :~'?. 6".q It is requested ~hat~lL~bkls be submitted in triplicate, one original and two copies. BIDDERS SHAL~,'~ UBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL, SIGNED IN INK BY:~AN. OFFICER HAVING AUTHORITY TO BIND THE COMPANY OR FIR~'n. FAILURE TO DO SO'SI-~'/.;LBE CAUSE FOR REJECTION OF YOUR BID. Palm Beach County is exempt from Federal and State Taxes for tangible personal property. Call Bid Hotline number 795-8080 (from Palm Beach County), 425-7420 (from Broward County), or 655-4527 (from Dade County) or tune in to the Education and Governmeht Television Cable Channel for a list of additional advertised "invitations for Bid" and "Requests for Proposal". The Bid Hotline also provides updates on posted award recommendations. This same information, to include posted award information, is available on our web site www.pbcgov.com/pur. Protests can be accepted only during thc five (5) business day posting period. CAUTION Amendments to this Invitation for Bid will be automatically sent only to those vendors who received this document directly from Palm Beach County Purchasing Department, Palm Beach County shall not be responsible for the completeness of any Invitation for Bid package not purchased directly from Palm Beach County Purchasing Department. In accordance with the provisions of ,ADA, this~do'~:ument may be requested in an alternate format. 50 S. Military Trail, West Palm Beach, FL 33415-3199 (561) 616-6800 ..F. AX: (561) 616-6811 10/30/2001 00:22 ~ 12 SPECIFICATION~ BID #01-192/CB HIGH PRESSURE BREATmNG AIP. SYSTEM FOR FIRE RESCUE, FU'RPIISI-L ANSI'ALL AND MAINTAIN SCOPE Thc sole purpose and intent of this Inviutcion for Bid is to furnish, install and maintain a High Pressure Brra~hlng Air System capable or'filling $CBA, SCUBA, and storage cylinders with CGA grade E air as noted below. Equivalent equipment shall substantially meet the specifications of the stated brand as well as the salient/essential characteristics noted below. Additionally, equipment shall meet or exceed all industry and safety standards including but not limited to blFPA, CGA, ANSI, DOT, ASM:E, NI~MA and SAE. GENERAL Equipment shall be Mako Model #BAM06HEI, 6000 psi 14 CFM 4 stage compressor with !0 tiP, 230 Volts, single phase electric motor with a Model fMK2C cartridge purification system capable of delivering CGA Grade E air, Stationary Containment Pill 5ration for 3 high pressure cylinders with safety interlock, 3 bank cascade conu, ols, auxiliary fill outlet, 6000 psi adjustable prcssm'e rcgulator with inlet amd outlet pressure gauges, storage bypass valve, 6000 psi service rating; pressurc gauges shall be supplied for each bank; valves and piping shall be arranged to permit each bank to be filled or drawn down, independently; breathing air stom§e system of 4 DOT 6000 psi :509 cu_ fL cylinders piped to form a 3 bank cascade, m' equivalent system. Additionally, the system offered must meet or exceed the foil?wing salient/essential characteristics: a) The compressor, chassis and purification system shall be engineered for system compatibility. b) Hi~ pressure hoses shall be rated at 6000 psi working pressure with 4 to I safety factor. c) All high pressure valves except 3-way valves shall be soft seat for safe and easy operation. They shall have replaceable seats and be rated at 6000 psi working pressure with a 4 to 1 safety factor. d) Intcrconnectin§ piping for storage cylinders shall be stainless steel. e) Comiecting hose between storage cylinders and 1511 station shall be 6000 psi rated working pressure with a 4 to I safety Factor. f) Self contained fill station shall have the ability to withstand the defragmentation of an aluminum 80 cubic toot 3000 psi SCUBA cylinder at 5000 psi. 10/30/2001 00:22 FAX ~13 ' page lo BID #01-192~CB HIGH PRESSURE BREATIflNG AIR SYSTEM FOR FIRE RESCUE, FUR~ISH, INSTALL AND MALNTAI~ ITEM PRICE NO. DESCRIPTION QUANTITY F,O,B, DESTINATION 1. High Pressure Breathing Air System to include equipment, installation and maintenance as specified heroin. I System $ Mfr. offered for Compressor:.~ Model # offered for Compressor:. Mfr, off, red for Chassis: A//& Mode[ # offered for Chassis: ' [ .... Mfr. offered For ?uritication Equipm~nt:~ Model # offered for Purification Mfr. offered [orCylind,rs: ~ }/~e--Ll~t"l~% Model # otTered rot Cylinders: IH1-/. (*) relieve the supplier from the Furnishing of a complete and functioning system. Is Qualification of Bidders information included, per Term & Condition ~_.87 YES is Information and Descriptive Literature included, per Term & Condition # 15.? YES Turnkey - lnclud~ all labor and materials. Omission of any ~sential detatl from these specifications does not INITIAL ~ INITIAL ~ Does Bidder understand the requirements set forth in Warranty, Term & Condition #17, Preventive Maintenance,Teo~_& Condition # I.~=~, and Training, Term & Condition # 19 ? ' YES F"'" fNfTIAL ~ Docs Bidder understand and agree that those salient/essential characteristics that pertain to installation (i.e. elements a) through e) of specifications, page 9), that may not be supported by descriptive literature ar~ a condition of this_contract and must bo adhered to? YES r'"'- INITIAL ~ * PLEASE AFFIX SIGNATURE WI-IE~ INDICATED (FAILURE TO DO $O SHALL RESULT IN TKK RE,~C'I'ION OF YOUR Bit}) By signature on this document, bidder acknowledges and agrees that its offer includes and acccpt~ all terms, conditions, and speciiicatio~ of thc County's bid solicitaLion as originally published, without exception, change or alteration of any kind, cxccpt a.s may have been published by thc County in official amendments prior to this date of submittal. ft', i53tlOq '[ ZIP: - - TELEPHONE #: APPLICA.~LE LiCEnSE(S) NUMBF, R/rYI~E TYPE 10/30/2001 00:22 F~,~I ~02 UNITED COMPRESSOR P. O. BOX 14074 NORTH PALM BEACH, FL 33408 8001226-6254 QUOTE! QUOTE! QUOTE! QUOTE! QUOTE! QUOTEI TO: Delray Beach Fire Department AT'TN: Jeff Cooper FAX: 242-7482 DATE: 7/29102 TERMS: Net 30 Days DELIVERY: 1-2 Weeks FOB: Destination Descri_otion 1 MCFS-2 Mobile Containment Fill Station I Installation Total List Price $4,90300 Your Cost $4,167.00 $4,567.00 Adder for putting compressor on second floor $1,500.00 10/30/2001 00:22 ~ 03 SPECIFICATIONS ENCLOSED, MOBII.~ CONTAINME~ ~ STATION MODEL MCF~., 2 The fill station shall be designed for mobile applications. The unit shall be totally enclosed, constructed of 3/16 inch plate steel and designed to contain an SCBA or SCUBA cylinder and metal fragments in the event of rupture during the filling process. The fill staxior, shall be designed to vent rapidly expanding air away from the operator. The fill station shall be ergonomically designed to allow the filling of two (2) SCBA or SCUBA bottles either separately or simultaneously. The maxim~_~ length of either the SCBA or SCUBA bottle with the valve and fill adapter shall be 29 inches. Access to the enclosure for loading the SCBA cylinder shall be via a manually operated, tilt out door. The fill station door shall be provided with assisting devices to assure smooth operation and reduce operator fatigue. The fill station door shall be consmicted of 3/16 inch plate steel. The SCBA cradle shall contain two (:2) fili positions. Each fill position shall be lined with material to protect each SCBA or SCUBA cylinder from abrasion. The carriage shall be mounted on a pivoting system that will lower the cylinders to a near horizontal position and allow full access to all SCBA or SCUBA boules, fill hoses and valve assemblies with minimal operator fatigue. To ensure operalor protection, a fully automatic safety interlock, that prevents SCBA or SCUBA cyJinder filling until the door is completely closed shall be provided. Two (2) fill hoses with SCBA or SCUBA adapters shall be provided and located within the enclosure. A copy of a signed certificate shall be provided stating that a prototype fill station has been successfully tested to Paragraph 23-9.4 of thc NFPA 1901 standards. The overall dimensions of the fill slation shall be no larger lhan 23 inches deep by 29 inches wide by 38 1/2 inches high, :luC 13 O~ 08:46a David G. Ru~erman (716! 806-0188 p.1 CompAir August 13.2002 CompAir Mako 1634 SW 17u~ Strcr't Ocala, FL 34,'174 United States of America Telephone +1 (352) 732 22G& Fa¢~,imile +1 (352)351 5211 www.compairmako.com To: JcffCoopcr Dclray Beach FD From: Dave Ruttcrman CompAir Mako Re: Qm~te # D4020 Dear Mr. Cooper: Thank you lbr your interest in a Mako mobile containment fdl station, Please review thc following proposal. (Qty. One) Model MCFS-2 Fill Station - two SCBA, certified mobile containment fill station NET PRICE: $4,903.00 Our quotation does NOT include the following scope of supply: Freight charges Control panel · Interconnecting hoses from control panel to MCFS-2 fill station · Unloading thc fill station from thc freight truck, installation & training Pricing is NET FOB thctory Ocala, FL. Delivery (exit factory) will be approximately six weeks after receipt of order. Temps are Net 30 days (pending approval). This quotation is valid for 30 days. We appreciate the opportunity that you have given u.s to propose our equipment for your application. If you have any questions, please do not hesitate to contact me. Sincerely, CompAir Mako David G. Rutterman Regional Sales Manager :~u~ 1S 02 10:36a Dan Moates 352-68~-7226 p. 1 QHANNE/ INNOVAT ]-ONS QOBRPOBRATION August 15, 2002 Mr. Jeff Cooper Delray Beach Fire Department Fax: 561-243-7461 Dear Mr. Cooper, Per yotu- request for quotation, please see the following information. (1) CompAir Mako Model # MCFS-2, Mobile Containment Fill Station (complete with two SCBA fill whips & safety interlock system. Price Each $ 5,045.00 The above outlined pricing does not include a control paneL, delivery, installation, nor training. ffwe can be of service, please contact us. Terms: Net 30 Days F.O.B. Factory Lead Time: 6-8 Weeks ARO Quote Valid: 30 Days Sincerely, Dan Moates Channel Innovations i~MB 422 · 3101 S.W. 34th Avenue # 905 · Ocala. Flor,da 34474-7447 · (352) 694-7006 . Fax (352) 694-7226 AGENDA REQUEST Request to be placed on: September 17, 2002 Date: September 6, 2002 X Consent Agenda __ Special Agenda __ Workshop Agenda When: Description of agenda item: Request City Commission's approval on the purchase of Self Contained Breathing Apparatus Air Compressor and fill stabon from the current CIP budget. Amount of this purchase ~s $34,161.25 and we will p~ggy back the bid from Palm Beach County for the compressor from United Compressor as well as Iow bid from the same company for the fill stabon ORDINANCE/RESOLUTION REQUIRED: YES Attached: YES NO X NO Recommendation: Approve of a Self Contained Breathing Apparatus Air Compressor Department Head Signature: V ..¢~,~1_ ~ '~'~ Kerry B. Koen, Fire Chief Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes X No Funding alternatwes: Account Number ccount Descdpbon' Account Balance: #334-6112-519-64-90 (if applicable) Machinery/Equipment - Other Mach/Equipment City Manager Review: Approved for agenda' ~' Hold Unbl: No Agenda Coordinator Review: Received: Acbon' Approved Disapproved P.O.# £1TY OF DELRAY BER£H DELRAY BEACH AII-AmericaCity 1993 2001 100 N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 561/243-7000 MEMORANDUM TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Bus Bid #2002-41 DATE: September 12, 2002 Attached please find the bid tabulation for the Bus Rental and Driver Service Bid #2002-41 for the Parks and Recreation Department. We have a tie for the apparent low bid between Florida Network Tours, Inc. and Midnight Sun Tours, Inc. at $50,710. Brian Shutt reviewed the bids and recommends the bid be awarded to Florida Network Tours, Inc. based on a better cancellation policy (lower penalty charge and less notice required). I concur since we have had a temporary contract with Florida Network and their service has been good. I recommend Bid #2002-41 be awarded to Florida Network Tours, Inc. The total amount of the contract is $50,710 to be funded out of accounts 001- 4106-572-44.90 (summer camp), 001-4121-572-44.90 (special events), 001- 4105-572-44.90 (after school program), 115-4912-572-55.30 (Rocks football away games) and 001-4121-572-55.30 (Rocks football home games). Please place this on the September 17, 2002 agenda for City Commission consideration. At t acnment s cc: Chevelle Nubin, Agenda Coordinator Brian Shutt, Assistant City Attorney Jacklyn Rooney, Purchasing Supervisor Rich Connell, Assistant Director of Parks and Recreation Rodger Ribeiro, Recreation Superintendent Alberta Gaum-Rickard, Accounting Assistant Ref:bid0241 Prln~d ~ Roc~led P~er THE EFFORT ALWAYS MATTERS Date: Sept. 12, 2002 AGENDA REQUEST Request to be placed on: Consent Agenda x Regular Agenda When: Sept. 17, 2002 Workshop Agenda Special Agenda Description of Agenda Item (who, what, where, how much): Request awarding Bid #2002-41, Bus Rental and Driver Service, to Florida Network Tours, Inc. in the total amount of $50,710 to be funded out of accounts 001-4106-572-44.90 (summer camp), 001-4121-572-44.90 (special events), 001-4105-572-44.90 (after school program), 115-4912-572-55.30 (Rocks football away games) and 001-4121- 572-55.30 (Rocks football home games). Department Hea~ Signature: City Attorney Re'w/Recommendation (if applicable): Budget Director Review (required on all ite~lving expenditure of funds): Funding Available/No Initials: ~ ~/~ Account Number C~-qlO~-~qZ ,qq-q0 ~ r/C~l ~q to5-5~ z.qq-~o Description C~p~ Account Balance: Funding Alternatives: 1~5- qfi Iz -~ ~z,~ (if applicable) City Manager Review: Approved for Agenda: ~s//No Initials: Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM# ~ ~ ,~ REGULAR MEETING OF SEPTEMBER 17. 2002 BID AWARD mo OCEANSIDE BEACH SERVICE SEPTEMBER 13, 2002 This is before the Commission to consider approval of a contract award in the mount of $3,916.00 per month to Oceanside Beach Service for beach cabana service. The alternative bids from Carolina Cabana, L.L.C., Bandana Beach Service, and American Beach Cabana Company were lower. In addition, they are non-responsive and only the monthly base bids provided by these companies should be considered. Recommend approval of the bid award to Oceanside Beach Service in the amount of $3.916.00 per month for beach cabana service. S:\City Clerk\chevelle folde~kagenda memos\B~d award. Oceansade.09.17.0Zdoc £1TY OF DEU:IAY BEI:I£H NI-AmedcaCity 100 N.W. lstAVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 1993 MEMORANDUM 2001 TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Bid #2002-41 - Beach Cabana Rental DATE: September 12, 2002 Attached please find a spread sheet for the Beach Cabana Service which opened on August 30, 2002. The apparent high bidder is Oceanside Beach Service in the amount of $3,916 per month. I met with the President and owner, Michael Novatka, who indicated he has been in the beach cabana business since 1980. From 1980 - 1986 he was an employee of a cabana service in Pensacola. In 1986 he started his own company and currently has twelve (12) clients. I checked 3 out of 4 of his references and all gave good or better comments and all would hire Oceanside Beach Service again. Also attached please find a memorandum from Brian Shutt, indicating the alternative bids by Carolina Cabana LLC, Bandana Beach Service, and American Beach Cabana Company are non-responsive and we should only consider the monthly base bid they provided. I recommend the bid be awarded to Oceanside Beach Service in the amount of $3,916 per month. J~ Weldon, Director of Parks and Recreation At ~achment s cc: Chevelle Nubin, Agenda Coordinator Brian Shutt, Assitant City Attorney Rich Connell, Assistant Director of Parks and Recreation Bob Taylor, Ocean Rescue Superintendent Ref:dhcabbid THE EFFORT ALW^YS M^TTERS ~r-~. ~ City of Delray Beach 08/30/02 AT 3:00 P.M. BID #2002-41 RENTAL OF CABANAS AND BEACH EQUIPMENT FOR. THE PUBLICLY OWNED BEACH 1993 2001 MINIMUM FLAT MONTHLY RATE OCEANSIDE BEACH SERVICES LEFTY DALES, INC. ROSS INTERIOR TECH, INC DELRAY BEACH SERVICE NICHOLAS A. WARREN dba/BEACH EQUIPMENT RENTAL CAROLINA CABANA LLC Alternate #1 Alternate #2 BANDANA BEACH SERVICE CO. Alternate #1 Alternate #2 $3,916.00 $3,501.00 $2,800.50 $2,510.00 $2,000.00 $1,200.00 $ See Attached $ See Attached $750.00 $ See Attached $ See Attached AMERICA BEACH CABANAS CO. Alternate #1 Alternate #2 $700.00 $ See Attached $ See Attached Purchasing Division 100 N.W. 1't Ave., Delray Beach, FL 33444 561-243-7161, 561-243-7163 CITY OF DELRrlY BE;ICH CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: MEM,C~AI~DUM ' Septe~r 9, 2002 Writer's D~rect Line. 561/243-7091 TO' FROM' Joe Weldon, Director of Parks and Recreation Brian Shutt, Assistant City Attorney SUBJECT: Beach Cabana Bid Pursuant to your September 3, 2002 r!!errlo regarding the bids for beach cabana service, as the bid documents did not request an alternative bid, I would consider the alternative bids listed for the last 3 vendors ~s non-responsive and only take into consideration the monthly base bid that each vendor provided. Please call if you have any questions. RF. CF.I~£~) SEP I 0 2002 £1T¥ DF DELRI:I¥ BERgH DELRAY BEACH NI-AmericaCity 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 - 561/243-700C 1993 MEMORANDUM 2001 TO: Susan Ruby City Attorney FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Bid #2002-41 - Beach Cabana Rental DATE: September 3, 2002 Enclosed please find a tabulation of the bids for the beach cabana service which opened on August 30, 2002. Under Section F of the specifications, we ask for a minimum flat monthly rate. Carolina Cabana LLC, Bandana Beach Service and American Beach Cabanas each bid 2 alternates. The first alternate was a different amount each month, depending on the month. The second alternate was a certain amount each months plus a percent of revenues over a certain amount. It would be very difficult to compare bids since we do not know what their revenues would be. The contact person for all three companies is the same - John Thomas. Please review and advise if they have met the specifications of the bid. Joe 'eldoi~ ~ Di~f Parks and Recreation Enclosures JW:cp Ref:srcabbid RECEIVED SEP 0 2002 CITY ATTORNEY THE EFFORT ALWAYS MATTERS Prlnted on Recycled Paper CITY OF DELRAY BEACH BID #2002-41 RENTAL OF CABANAS AND BEACH EQUIP.MENT FOR THE PUBLICLY OWNED BEACH SCHEDULE OF PRICING/BID FORM CONTRACTOR SHALL PAY THE CITY OF DELRAY BEACH THE FOLLOWING MONTHLY RATE AS FOLLOWS: OCTOBER ..................................................... $500.00 NOVEMBER .................................................. $500.00 DECEMBER ...................................................$750.00 JANUARY ..................................................... $1,000.00 FEBRUARY ...................................................$1,000.00 MARCH ........................................................ $1,000.00 APRIL .......................................................... $750.00 MAY ............................................................ $500.00 JUNE ............................................................ $500.00 JULY ............................................................ $500.00 AUGUST ....................................................... $500.00 SEPTEMBER ................................................. $500.00 NOTE: Applicable Florida State shies tax shall be added to the above amounts. CAROLINA CABANA LLC Alternate #1 CITY OF DELRAY BEACH BID//2002-41 RENTAL OF CABANAS AND BEACH EQUIP.MENT FOR THE PUBLICLY OWNED BEACH SCHEDULE OF PRICING/BID FORM CONTRACTOR SHALL PAY THE CITY OF DELRAY BEACH THE FOLLOWING MONTHLY RATE AS FOLLOWS: OCTOBER ..................................................... $500.00 NOVEMBER ..................................................$500.00 PLUS 5% OF AMOUNT OVER $5.000.00 DECEMBER ..................................................~;750.00 PLUS 5% OF AMOUNT OVER $7,500.00 JANUARY ..................................................... $1,000.00 PLUS 5% OF AMOUNT OVER $10,000.00 FEBRUARY ................................................... $1,000.00 PLUS 5% OF AMOUNT OVER $10,000.00 MARCH ........................................................ $1,000.00 PLUS 5% OF AMOUNT OVER $10,000.00 APRIL .......................................................... $750.00 PLUS 5O/o OF AMOUNT OVER $7,500.00 MAY ............................................................ $500.00 PLUS 5% OF AMOUNT OVER $5,000.00 JUNE ............................................................ $500.00 JULY ............................................................ $500.00 AUGUST ....................................................... $500.00 SEPTEMBER .................................................$500.00 NOTE: Applicable Florida State sales tax sha,l. 1 be added to the above amounts. CAROLINA CABANA LLC Alternate #2 CITY OF DELRAY BEACH BID #2002-41 ~NTAL OF CABANAS AND BEACH EQUIPMENT. FOR THE PUBLICLY OWNED BEACH SCHEDULE OF PRICING/BID FORM CONTRACTOR SHALL PAY THE CITY OF DELRAY BEACH THE FOLLOWING MONTHLY RATE AS FOLLOWS: OCTOBER ........................ $525 00 NOVEMBER ..................................................$525.00 PLUS 5% OF AMOUNT OVER $5.000.00 DECEMBER ................................................... $725.00 PLUS 5% OF AMOUNT OVER $7,500.00 JANUARY ..................................................... $950.00 PLUS 5% OF AMOUNT OVER $10,000.00 FEBRUARY ................................................... $950.00 PLUS 5% OF AMOUNT OVER $10,000.00 MARCH ........................................................ $950.00 PLUS 5% OF AMOUNT OVER $10,000.00 APRIL .......................................................... $725.00 PLUS 5% OF AMOUNT OVER $7,500.00 MAY ............................................................ $525.00 PLUS 5% OF AMOUNT OVER $5,000.00 JUNE ............................................................ $525.00 ,VtJLY . $525 00 NOTE: Applicable Florida State gales tax shall be added to the above amounts. ALTERNATE # 1 % CITY OF DELRAY BEACH BID #2002-41 ~NTAL OF CABANAS ~D BEACH EQUIPMENT FOR THE PUBLICLY OWNED BEAC~ ' SCHEDULE OF PRICING/BID FO~ CONTRACTOR SHALL PAY THE CITY OF DELRAY BEACH THE FOLLOWING MONTHLY RATE AS FOLLOWS: OCTOBER ..................................................... $525.00 NOVEMBER .... ~ ............................................. $525.00 DECEMBER ................................................... $725.00 JANUARY ..................................................... $1,000.00 FEBRUARY ................................................... $1,000.00 MARCH ................. $1,000 00 APRIL .......................................................... $725.00 MAY ............................................................ $525.00 .JUNE ............................................................ $525.00 JULY .. . $525.00 AUGUST ....................................................... $525.00 SEPTEMBER ................................................. $525.00 NOTE: Applicable Florida State sales tax shall be added to the above amounts. ALTERNATE # 2 ./ CITY OF DELRAY BEACH BID #2002-41 RENTAL OF C~ANAS AND BEACH EQUIPMENT FOR THE PUBLICLY OWNED BEACH SCHEDULE OF PRICING/BID FORM CONTRACTOR SHALL PAY THE CITY OF DELRAY BEACH THE FOLLOWING MONTHLY RATE AS FOLLOWS: OCTOBER ..................................................... $550.00 NOVEMBER] ................................................. $550.00 DECEMBER ................................................... $700.00 JANUARY ..................................................... $900.00 FEBRUARY ................................................... $900.00 MARCH ........................................................ $900.00 APRIL .......................................................... $700.00 MAY ............................................................ $550.00 JUNE .......................................................... . . $550.00 JULY ............................................................ $550.00 AUGUST ....................................................... $550.00 SEPTEMBER ................................................. $550.00 NOTE: Applicable Florida State sales tax shall be added to the above amounts. ALTERNATE # 1 BID//2002-41 %%~°~ RENTAL OF CABANAS AND BEACH EQUIPMENT FOR THE PUBLICLY OWNED BEACH SCHEDULE OF PRICING/BID FOR~ CONTRACTOR SHALL PAY THE CITY OF DELRAY BEACH THE FOLLOWING MONTHLY RATE AS FOLLOWS: OCTOBER ..................................................... $550.00 NOVEMBER ..................................................$550.00 PLUS 5% OF AMOUNT OVER $5.000.00 DECEMBER ................................................... $700.00 PLUS 5% OF AMOUNT OVER $7,500.00 JANUARY ..................................................... $900.00 PLUS 5% OF AMOUNT OVER $10,000.00 FEBRUARY ................................................... $900.00 PLUS 5% OF AMOUNT OVER $10,000.00 MARCH ........................................................ $900.00 PLUS 5o/o OF AMOUNT OVER $10,000.00 APRIL .......................................................... $700.00 PLUS 5% OF AMOUNT OVER $7,500.00 MAY ............................................................ $550.00 PLUS 5% OF AMOUNT OVER $5,000.00 JULY . $550.00 .NOTE: Applicable Florida State sales tax shall be added to the above amounts. ALTERNATE # 2 Date: Sept. 12, 2002 AGENDA REQUEST Request to be placed on: Consent Agenda x Regular Agenda Workshop Agenda Special Agenda v~Vhen: September 17~ 2002 Description of Agenda Item (who, what, where, how much): Recommend award±ng B±d #2002-41, Beach Cabana Rental, to h±gh b±dder Oceans±de Beach Serv±ce ±n the amount of $3,916 per month. Department Head ~ ~.~ ~ Signature: City Attorney Revi /Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~Y~e~/No Initials: Hold Until: Agenda Coordinator Review: Received: (if applicable) TO: THRU: FROM: SUBJECT: P~UOL DORL~ECTOR OF PLANNING AND ZONING MICHELLE E. HOYLAND, SENIOR PLANNER MEETING OF SEPTEMBER 17, 2002 CONSIDERATION OF A WAIVER REQUEST FOR DUVALL PLACE~ AN EIGHT (8) UNIT TOWNHOUSE/CONDOMINIUM DEVELOPMENT WITHIN A NEW FOUR (4) STORY BUILDING~ LOCATED ON THE WEST SIDE OF SE 6TM AVENUE (NORTHBOUND FEDERAL HIGHWAY) APPROXIMATELY 147' SOUTH OF SE 1s'r STREET (122 SE 6TM AVENUE). The subject property is currently vacant, and was previously occupied by the Lavender Shutters building which was recently relocated to the Historic Cason Cottage property. The proposal is to construct an eight (8) unit four (4) story townhouse/condominium structure. The development will include a pool, jacuzzi, gazebo, deck, planters, trellises and outdoor barbeque area on the back half of the second floor of the structure above the proposed parking area. Pursuant to LDR Section 4.4.13(F)(2), a minimum of ten percent (10%) non-vehicular open space is required. The proposal provides 8.1% open space at the ground level and 10.5% on the 2nd level pool deck area for a total of 18.6%. As the second level is not considered open space, by definition, only 8.1% of open space has been provided and the requirement has not been met. The applicant has submitted a waiver request to the above regulation. 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 proposal involves a reduction of 1.9% of open space. Further, while a code reduction is necessary, in reality with the provision of the 2nd level of landscaping the required open space will be exceeded. This 2"d level landscape material is visible from the exterior of the project and will provide the visual relief for the general public and future residents thereby meeting the intent of the minimal open space requirement. The waiver request is supported by the City Horticulturist. The waiver will not affect the delivery of public services, and will not create an unsafe situation with respect to public safety. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. City Commission Documentation Waiver Associated with Duvall Place Page 2 At its meeting of September 11, 2002, the Site Plan Review and Appearance Board (SPRAB) approved a Site Plan for the construction of a new four (4) story building, pool deck area and associated parking and landscaping. The Board recommended approval of the waiver to reduce the required open space from 10% to 8.1% based upon positive findings with respect to LDR Section 2.4.7(B)(5). Additional background and an analysis of the request are found in the attached SPRAB Staff Repod. Approve the waiver request for Duvall Place from LDR Section 4.4.13(F)(2), to reduce the required open space from 10% to 8.1% on the ground level of the property, based upon positive findings with respect to LDR Section 2.4.7(B)(5). Attachments: · SPRAB Staff Report dated September 11, 2002 SITE PLAN RE¥,EW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: September 11, 2002 V.D. Duvall Place Class V site plan, landscape plan and architectural elevations associated with the construction of eight (8) unit townhouse/condominiums Within a four (4) story building. GENERAL DATA: Owner/Applicant .......................... Rankin-Gravette Group, LLC Agent .......................................... Robert G. Currie Partnership, Inc. Location ...................................... West side of SE 6th Avenue (Northbound Federal Highway), approximately 147' south of SE 1s~ Street (122 SE 6th Avenue). Property Size .............................. 0.365 Acres Future Land Use Map ................ CC (Commercial Core) Current Zoning ............................ CBD (Central Business District) Adjacent Zoning ................ North: CBD (Central Business East: South: West: Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Servlc .............................. District) CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) Vacant Construction of a four (4) story building housing eight (8) new townhouse/condominium units. Available service lateral connections to an existing 8" water main located within the north/south alleyway of block 110. Available service lateral connections to an existing 8" sewer main located within the north/south alleyway of block 110. N E 2ND .. NE ATLANTIC IST AVENUE ~i~ I ST ST nDL'U~' FEDERAL BANK ~ 2ND ST V. Do · j:~,.'~i~;''~'~' '~ '~ ~ITE~M'BEFORE~':THE~BO'ARD The action before the Board is approval of a Class V site plan request for Duvall Place, pursuant to LDR Section 2.4.5(F). The request involves the following: · Site Plan; · Landscape Plan; and · Building Elevations. The subject property is located on the west side of SE 6th Avenue (Northbound Federal Highway) approximately 147' south of SE 1St Street (122 SE 6th Avenue). The 0.365 acre site consists of Lots 13 and 14, less the east 5' thereof for road right of way, Block 110, Town of Delray, and is zoned CBD (Central Business District). The subject property is currently vacant. Previously, a 1,209 sq. ft. structure built in 1926, known as the Lavender Shutters building, existed on the site. In May of 2002, the building was relocated to the Historic Cason Cottage property located at the northeast corner of NE 1st Street and Swinton Avenue for use by the Historical Society. A site plan approval request has been submitted to construct eight (8) unit townhouse/condominiums within a four (4) story building, which is the request now before the Board. The development proposal consists of the following: · Construction of an eight (8) unit four (4) story townhouse/condominium structure, with four units occupying the 1st and 2nd floors and four units occupying the 3rd and 4t~ floors (the units range in size from 2,301 sq.ft, to 2,541 sq. ft.); · Construction of a pool, jacuzzi, gazebo, deck, planters, trellises and outdoor barbeque area on the second floor of the structure above the proposed parking area; · Construction of a nineteen (19) space parking area on the first floor underneath the pool and deck area; · Installation of an awning; and, · Installation of associated landscaping, walkways and refuse container area. SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Duvall Place Page 2 The development proposal also includes the following requests: A waiver from LDR Section 4.6.14(A)(2), to provide reduced site visibility triangles at the intersections of the proposed driveway and the north/south alley, and the driveway and SE 6th Avenue, from 20' to 0' & 14' respectively; and, · A waiver from LDR Section 4.4.13(F)(2), to reduce the requirement to provide a minimum of 10% open space to 8.1%. · A waiver from LDR Section 4.6.16(H)(3)(d), to reduce the perimeter landscape requirement from 5' feet to 3'4¼". COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the CBD zoning district: Buildinq Height (max.) Required Provided 48' 46 '6" Buildinq Setbacks (min.) - Front 1 O' 10'-11 '10" Side (Interior) O' 0 Rear 1 O' 1 O' LDR Section 4.4.13 CBD Supplemental District Regulations: Open Space: Pursuant to LDR Section 4.4.13(F)(2), a minimum of ten percent (10%) non-vehicular open space shall be provided. The proposal provides 8.1% open space at the ground level and 10.5% on the 2nd level pool area for a total of 18.6%. As the second level is not considered open space, by definition, only 8.1% of open space has been provided and the requirement has not been met. The applicant has submitted a waiver request to the above regulation. 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) Shall not adversely affect the neighboring area; Shall not significantly diminish the provision of public facilities; SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Duvall Place Page 3 (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The proposal involves a reduction of only 1.9% of open space. If the second level/pool deck is considered, the proposal provides a total of 18.6% of open space. Given the design of the project, the landscaping on the second level/ deck serves the same purpose as if it were on the ground level. The proposed landscaping will provide relief for the residences and the structure. The landscaping is extensive and will be visible from ground level. Also, the proposed trees will enhance the building's west elevation. The waiver request has been supported by the City Horticulturist. The waiver will not affect the delivery of public services, and will not create an unsafe situation with respect to public safety. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. Parking: Pursuant to LDR Section 4.4.13(G)(1)(e), multiple family units (2 bedrooms or more) are to provide 1.75 spaces a unit plus guest parking at a rate of 0.5 spaces for the first 20 units. Based on the above, 18 parking spaces are required and 19 spaces have been provided. Therefore, this requirement has been met. Density: Pursuant to LDR Section 4.4.13(B)(4), within the CBD zone district, residential projects with a density of up to 30 units per acre are a permitted use. The proposed eight (8) unit townhouse/condominium development represents 21.9 units per acre, thereby meeting this requirement. LDR Section 4.3.4(H)(6) Special Setbacks: Pursuant to LDR Section 4.3.4(H)(6)(b)(2), a 10' special landscape setback is required along Federal Highway. Within this special landscape area, no structure or paving (except for driveways and sidewalks that are perpendicular to the property line) is allowed. This special landscape setback is not required when storefronts face the roadway and no parking or vehicular circulation areas are provided between the building and the right-of-way. The proposed development has provided a 10'-11'10" setback which accommodates landscaping, walkways and driveways. Therefore, this requirement has been met. LDR Section 4.6.8 Site LiRhtin.q: Pursuant to LDR Section 4.6.8 (Lighting), lighting is required for new development proposals. A site lighting and photometric plan has been provided to ensure compliance with LDR Section 4.6.8. Decorative light fixtures are proposed within the entryway of SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Duvall Place Page 4 the units. Additionally, ceiling mounted light packs are proposed within the covered parking garage. At its meeting of August 21, 2002, the Downtown Development Authority (DDA) reviewed and recommended approval of the proposal subject to the provision of electrical outlets and uplighting at the base of the trees along SE 6t~ Avenue, which has been attached as a condition of approval. Bike Rack: Pursuant to the Transportation Element of the Comprehensive Plan bicycle parking shall be required on all new development and redevelopment proposals within the City's TCEA (Traffic Concurrency Exception Area). The subject property is located within the TCEA area and is therefore required to provide a bike rack. A bike rack has been provided within the covered parking area. Therefore, this requirement has been met. Loadinq Area: Pursuant to LDR Section 4.6.10(C), one loading space is required for apartment type uses. Although the proposal involves construction of eight (8) townhouse/condominium units, this requirement does apply. An adequate loading space has not been provided on-site. The applicant has indicated that loading can occur within the driveway, accessed off of SE 6th Avenue. It is noted that the pool deck which is located on the second level will prevent any trucks or delivery vehicles over nine (9) feet in height from being able to exit the site in a forward manner. Vehicles exceeding nine (9) feet in height will be forced to back-out onto SE 6t~ Avenue, which creates an unsafe situation. It would be more appropriate to locate the loading area in the rear of the development with access taken off of the alley. As the proposal exceeds the parking requirement by one (1) parking space it is appropriate to convert a space to a loading area. Therefore, a condition of approval is that the southwestern most parking space be converted to a loading space. LDR Section 4.6.14 Visibility at Intersections: Driveways: Pursuant to LDR Section 4.6.14(A)(1), the sight visibility triangle shall consist of both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way, with two sides of each triangle being twenty (20) feet in length from the point of intersection and the 3rd being a line connecting the ends of the other 2 sides. Within the sight visibility triangle hedges may not exceed 3' in height and trees must have 6' of clear trunk. Reduced sight visibility triangles have been provided at intersections of the main driveway and SE 6th Avenue and the driveway and the north/south alley (approximately 14' on SE 6th Avenue and 3' adjacent to the alley). Therefore, the applicant has requested a waiver to the requirement. SPRAB Staff Report Class V Site Ptan, Landscaping, and Building Elevations for Duvall Place Page 5 Waiver Analysis: The applicant has submitted a waiver request to the above regulation. 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. SE 6th Avenue is a one-way street with traffic heading northbound. It is noted that the proposal is located one property south of the intersection of SE 6th Avenue and SE 1st Street, which is signalized. Traffic slows down on the approach of this intersection. With regard to the alley, there is not extensive traffic and speeds are not excessive. The waiver requests have been supported by the Engineering Department. The reduction is appropriate in an urban setting. The waiver will not affect the delivery of public services, and will not create an unsafe situation with respect to public safety. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. Site Plan Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need be addressed prior to building permit submittal. 1. Provide a FDOT permit for the driveway along SE 6th Avenue. 2. That a unity-of-title or recorded plat be provided prior to issuance of a building permit. A landscape plan which addresses the landscaping adjacent to the new building along SE 6th Avenue and the common areas has been submitted and evaluated by the City Horticulturalist. It is noted that Orange Geiger trees with Cocoplum hedging and Shore Juniper and Viburnum underplantings will be planted along SE 6th Avenue. Within the proposed pool deck area the landscaping includes Magnolia, Coconut palm, and Alexander palm trees with a vadety of underplantings. Adjacent to the alley White Stopper trees with Viburnum and Variegated Arboricola underplantings are proposed. While the City Horticulturalist found that the proposed landscape plan complies with the City's Land Development Regulations, concerns have been expressed with the structural feasibility of the proposed pool deck as it is above the parking area. Therefore, attached as conditions of approval is that engineering plans be provided to ensure the feasibility of the proposed landscaping and that an arborist certify that the proposal is feasible. SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Duvall Place Page 6 Pursuant to LDR Section 4.6.16(H)(3)(d), a landscape barrier shall be provided between the off-street parking area or other vehicular use area and abutting properties. This landscape barrier shall be a minimum of 5' in width, excluding curbing. The proposed landscape island adjacent to the parking space located in the southwest corner of the property adjacent to the alley is only 3'4W', which does not meet the requirement. Waiver Analysis: The applicant has submitted a waiver request to the above regulation. 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 proposed parking lot configuration will accommodate 19 parking spaces and only 18 are required. However, it is noted that within the CBD parking is at a premium and any additional spaces which can be accommodated are desirable. The proposed landscape island does not meet the minimum 5' width requirement however the required trees and underplantings can be accommodated within the 3'4¼" wide island. The waiver request will not adversely affect the neighboring area, diminish the provision of public facilities, nor create an unsafe situation. Granting the waiver will not result in a special privilege, as the same request would be granted under similar circumstances in the CBD. Based upon the above, a waiver is recommended. LDR Section 4.6.18(B)(14) Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: (a) The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. SPRAB Staff Report Class V Site Plan, Landscaping, and Buitd~ng Elevabons for Duvall Place Page 7 The proposed structure is of concrete block construction with a smooth stucco finish and hardiboard siding. The roof will be a patina green standing seam metal roof which features opposing hips and gables. The standing seam will also be applied to the proposed gazebo. The roof line is broken up by featuring decorative dormers with windows and architectural detailing and chimneys with metal hoods to match the roof. A variety of window styles including colonial, faux colonial and glass block will have decorative features such as muntins, sills, standard shutters, bahama shutters and decorative wood trellises. Decorative planters are proposed on the second and third floors, while balconies with aluminum railings are proposed on the fourth floor. Each unit features a covered entry with steps leading to the wood paneled entry doors with side lites. The side elevations include similar architectural features. However, as the sides have a zero (0) setback, the windows are either faux, glass block or closed shutters. The rear elevation includes the covered parking garage on the first floor and the pool area/deck with planters and a gazebo on the second floor. Balconies are proposed on the third and fourth floors with decorative French doors accessing the balconies. The proposed color scheme will consist of Antique White hardiboard siding and Peace Yellow and New Colonial yellow stucco finish. The gingerbreading or "fish scales" will be painted Haven green. The shutters, louvers and awnings will be Dill green. The fascia, banding, columns, windows and railings will be Dover white. The design of the structure along with the architectural elements and color scheme meet the requirements of LDR Section 4.6.18(B)(14). Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Section 3.1.1 (A) - Future Land Use Map: The subject property has a Future Land Use Map designation of CC (Commercial Core), and is zoned CBD (Central Business District). Pursuant to LDR Section 4.4.13(B)(4), within the CBD zoning district multiple family structures of 30 units per acre or less are allowed as a permitted use. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) - Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevahons for Duvall Place Page 8 Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance With the Land Development Requlations: As described under the Site Plan Analysis of this report, a positive finding _of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted. Future Land Use Element Objective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is vacant and was previously disturbed as a commercial building and associated parking existed on site until May of 2002. However, there are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple family development. The Housing Element of the Comprehensive Plan calls for the provision of infill housing in the downtown which this development will help to fulfill. Housing Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The subject property is located in the commercial core of the City and surrounded by a mix of commercial and residential uses (i.e. retail space/offices and multiple family units). The development will not increase noise, odor, or dust, and is located on the west side of northbound Federal Highway (SE 6th Avenue) which can accommodate large volumes of traffic. The nearest residential neighborhood is the multi-family development to the north across SI: 1st Street (Cour~.ards of Delray) and the single/multi-family neighborhood to the east along SE 7"' Avenue (Marina Historic District). The proposed development will be compatible with, and may even enhance the value of, properties located within the surrounding area. SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevahons for Duvall Place Page 9 Transportation Element Policy D-2.2 - Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The proposal is located within the TCEA area and bicycle parking has been provided. Therefore, this policy has been met. Open Space and Recreation Element Policy A-3.1 - Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. This policy may be waived for projects in the downtown because the City recognizes the following: that households located in the downtown are likely to have fewer children than those located in suburban settings; that land in the central business district is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc.; and, that there are other cultural and recreational opportunities located in the downtown that are not readily available to residents of suburban apartment complexes. While a tot lot has not been provided a pool, jacuzzi, and barbecue area for the residents have been provided. Based on the above, this policy is met. Housinq Element Objective B-2 - Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housinq Element Policy B-2.2 The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. This project will not be limited to occupancy by adults only and contains fewer than 25 units (8 units are proposed). However, it is acknowledged that downtown dwellings are not typically occupied by households with children. This complex will primarily accommodate young and middle-age professionals. Four (4) different floor plans which accommodate three (3) bedrooms each have been provided. In addition, two (2) of the units provide a den/library which could be utilized as a fourth bedroom. Therefore, this policy has been met. SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Duvall Place Page 10 Section 2.4.5 (F)(5) - Compatibility (Site Plan Findinqs): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is surrounded by CBD (Central Business District) zoning. The surrounding land uses include a mix of general office, residential and retail uses. The development proposal is to construct eight (8) new residential (condominium) units with townhome type floor plans. As discussed earlier in this report, the need for infill housing in and around the downtown area is a goal of the City. The stability of the downtown area relies on housing units that will patronize area businesses and in turn contribute to the long term revitalization of the downtown. Compatibility is not a concern, as similar uses exist on the surrounding properties and this multiple family development may even enhance commercial rents and property values in the area. The development proposal is located in an area, which requires review by the CRA (Community Redevelopment Agency) and the DDA (Downtown Development Authority). Community Redevelopment Agency: At its meeting of August 8, 2002 the CRA (Community Redevelopment Agency) recommended approval of the development proposal, subject to the conditions that the size of the arched opening on the east side of the building be reduced and that the dormers be increased in size to be more consistent with the elevations. Downtown Development Authority: At its meeting of August 21, 2002, the DDA (Downtown Development Authority) recommended approval of the development proposal, subject to the conditions that uplighting be provided at the base of the trees along SE 6th Avenue, that the islands include electrical outlets and that the air conditioning units be sound proofed. Courtesy Notice: Courtesy notices have been sent to the following homeowner's and civic associations. · The Delray Beach Chamber of Commerce · PROD · President's Council Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board meeting. SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Duvall Place Page 11 The development proposal is to construct an eight (8) unit townhouse/condominium development. The addition of households in the downtown area will help in the long term revitalization of the CBD. The development will have a positive impact on the adjacent residential and commercial uses and will be an enhancement to the area. Waivers have been requested to allow a reduction in the open space requirement by 1.9% and to reduce the site visibility triangles at the intersection of the driveway and SE 6th Avenue as well as the driveway and the adjacent north/south alley. Also, a waiver has been requested to reduce the landscape strip at the southwest corner of the site. The waivers are supportable. The proposed use and development are consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Provided the conditions of approval are met positive findings can be made with respect to compliance with the Land Development Regulations. Ao Co Continue with direction. Approve the Class V site plan, landscape plan, architectural elevations and waivers for Duvall Place, based on positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(F)(5) (Finding of Compatibility) of the Land Development Regulations and the policies of the Comprehensive Plan subject to conditions. Deny the Class V site plan, landscape plan, architectural elevations and waivers for Duvall Place, based upon a failure to make positive findings with respect to the Land Development Regulations. By Separate Motions: Waivers: Ao Approve a waiver to LDR Section 4.6.14(A)(2), to reduce the site visibility corner at the intersection of the ddveway and SE 6th Avenue from 20' to 14', and the intersection of the driveway and the north/south alley, from 20' to 3', based upon positive findings with LDR Section 2.4.7(B)(5). Bo Recommend to the City Commission approval of a waiver to LDR Section 4.4.13(F)(2), to reduce the required open space from 10% to 8.1% on the ground level of the property, based upon positive findings with respect to LDR Section 2.4.7(B)(5). C. Approve a waiver to LDR Section 4.6.16(H)(3)(d), to reduce the perimeter landscape strip between the parking space/loading area at the southwest corner SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Duvall Place Page 12 of the site and the alley from 5' to 3'4¼", based upon positive findings with LDR Section 2.4.7(B)(5). Site Plan: Approve the Class V site plan for Duvall Place, based on positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(F)(5) (Finding of Compatibility) of the Land Development Regulations and policies of the Comprehensive Plan subject to the following conditions: 1. Address all Site Plan Technical Items and submit three (3) copies of the revised plans; 2. That uplighting and electrical outlets be provided at the base of the trees along SE 6th Avenue; and, 3. That the parking space at the southwest corner of the property be converted to a loading space. Landscape Plan: Approve the landscape plan for Duvall Place, based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. That engineering plans be provided to ensure the feasibility of the proposed landscaping; and, 2. That an arborist certify that the proposal is feasible. Elevations: Approve the elevations for Duvall Place, based on positive findings with respect to LDR Section 4.6.18. Attachments: · Appendix A · AppendixB · Site Plan · Landscape Plan · Building Elevations · Floor Plans Report prepared by: Michelle E. Hoyland, Senior Planner Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: · Water service will be provided via service lateral connections to an existing 8" water main located within the north/south alley on the west side of the property. · Sewer service will be provided via service lateral connections to the existing 8" sewer main located within the north/south alley on the west side of the property. · Adequate fire suppression is provided as a fire hydrant exists at the southwest corner of SE 6th Avenue and SE 1st Street approximately 147' north of the subject property. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. The eight (8) multiple family residential units will have an insignificant impact on all public services and was anticipated for this property and was factored into the plan. Thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: The subject property is located in the City's TCEA (Traffic Concurrency Exception Area), which encompasses the CBD, CBD-RC, and OSSHAD, as well as the West Atlantic Avenue corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Also, residential developments east of 1-95 are exempt from traffic concurrency. Therefore, a traffic study is not required for concurrency purposes, however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. The applicant has submitted a statement, which indicates that development will generate 56 ADT. Schools: As the subject property is located in the City's TCEA, this project is exempt from School Concurrency. Parks and Recreation Facilities: The proposed eight (8) residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $4,000 will be required of this development for parks and recreation purposes. SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Duvall Place Page 14 Solid Waste: Trash generated each year by the eight (8) units is 15.92 tons of solid waste per year (8 units x 1.99 tons of solid waste per year = 15.92 tons). The trash generated by this proposal can be accommodated by existing facilities. Therefore, a positive finding with respect to this level of service standard can be made. Drainage: Drainage will be accommodated on site via an exfiltration trench system. There should be no impact on drainage as it relates to this level of service standard. '- '~ -. ~S~TA"NDARDS FOR SITE PLAN.ACTI'ONS~ Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard Does not meet intent X C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard Does not meet intent X Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard Does not meet intent X Appendix B Standards for Site Plan Actions Page 2 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard Does not meet intent X H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard Does not meet intent X Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard Does not meet intent X J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent , lO-Id 009 J.31'NE)IS3Q dH ;k SNB'sf~/Ogd 009 F::II'NE)IS3(3 dH '1 P C3 Itl Z S),1~!¥~ lO-id 009 .L=Jr'N~)IS=IC] dH -,-I~ I i~ --' MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~c~ AGENDA ITEM# ~2v~ - REGULAR MEETING OF SEPTEMBER 17, 2002 FUNDING FOR SPECIAL EVENTS & CHARITABLE ORGANIZATIONS (FY 2003) SEPTEMBER 13, 2002 Attached are the proposed funding allocations for special events and charitable organizations for FY 2003. The City Commission reviewed these allocations at the August 27, 2002 workshop. It was the Commission's consensus to accept the staff recommendation. Recommend approval of the FY 2003 funding for special events and charitable organizations as recommended by staff. &\City Clerk\chevelle folder\agenda memo~\Sp. Evem&ChantableFundm~FY2003.09.17.02 [ITY I)F DE[AllY BEI:IgH DELRAY BEACH NI-AmericaCity 1 oo N.W. I st AVENUE 993 TO: FROM: David T. Harden City Manager ~Robert A. Barcinski Assistant City Manager DELRAY BEACH, FLORIDA 33444 DATE: SUBJECT: August 22, 2002 Aeenda Item N~. ~ Ci~, Commission Meetine Aueust 27~ 2002 Recommendations for Funding Special Events and Charitable Organizations FY 03 Budget 561/243-7000 A committee composed of Lula Butler, Chief Larry Schroeder, Doug Randolph and myself reviewed requests for funding for FY03 budget from thc City Commission special event account and from the miscellaneous grant account. A total of $103,000 in requests were received for funding from the Special Events account with a budget of $51,250 and a total of $533,396 in requests were received for funding from miscellaneous grants with a budget of $329,500. City Commission policy has been to limit the special event funding to $50,000 and the miscellaneous grant fund to 1% of general fund budget. The 1% however, does not include funding for the Chamber of Commerce Economic Development contribution or the contribution to ABC-Carpet. Staff recommendations for funding arc attached as Exhibits "A and B", as well as a summary (Exhibit "C") of additional information for each grant applicant. A summary of staff review comments is as follows: A) SPECIAL EVENTS Holiday Parade - This event is co-sponsored by our Parks and Recreation Department and the Chamber of Commerce. The funding requested is used to pay for entrant prizes, insurance, and mailings. Total overtime costs for this event last year were $3,675. Since the City is a co-sponsor, -1- ~ THE EFFORT ALWAYS MATTERS Printed on Recyolecl P~oer there is no charge for overtime. The review committee feels this is an important community event and recommends funding as requested. Florida Philharmonic Orchestra - This is a new event request. Funding is being requested to assist in offsetting costs for a proposed free Neighborhood Concert to be held at the Old School Square pavilion. The total estimated cost for the event is $31,800. The review committee is not recommending funding for this event. We did not feel it was a priority and that corporate sponsorships and other grant funding should be explored to cover the costs. Fotofusion - Funding is being requested to assist in offsetting costs for this event. The total event budget is $289,500. Although we have incurred no overtime costs for this event, City facilities are used free of charge. Estimated costs ($2,000). The review committee is recommending funding in the amount of $8,000 to cover the costs of space rental at Old School Square. Joint Venture Christmas Tree - In 1995, the City accepted ownership of the Christmas Tree from the DDA. This is a City project. The Joint Venture's responsibility is to fund raise, help obtain volunteers, and to execute contracts to put up and take down the tree. Our responsibility is to maintain the tree and scenes and to provide City staff assistance. Total cash costs for this project are approximately $80,000. Staff overtime costs for the tree lighting were $1,580 last year. Since this is a City project, no overtime costs are charged back. The committee feels this is a priority item with a major positive impact on the community. Martin Luther King Celebration - Funding requested is used to purchase trophies, certificates, and other items needed for youth participants in the birthday celebration. No City overtime has been required for this event. The committee considered this a priority item for funding. The total estimated budget for this event is $1,400. Sister Cities Committee - Funding requested for this Mayor appointed committee will be used to offset operating/administrative costs and for gifts for our visitors. The total estimated budget for next year is $15,800. The committee recommends approval. First Night - The committee feels that this is an important family event for the City. The Chamber of Commerce and Old School Square are seeking more involvement from the City in terms of staff time and contributions in order to continue the event. The estimated cash budget for the event is about $55,000 to $60,000. Staff overtime costs for this event last year were $14,370. Overtime costs were waived. -2- B) MISCELLANEOUS GRANTS Chamber of Commerce - The committee recommends funding at current level of $25,000. Funds are utilized for economic development purposes. This funding is part of funds set aside for economic development, as was approved by City Commission the last time, occupational license fees were increased. e Economic Incentive ABC Carpet - The committee recommends funding of $25,000. This is a commitment required to be paid through 2006 based on ten (10) year agreement approved in 1996. o Aid to Victims of Domestic Assault - Funding is requested to help support costs of operating programs such as the emergency shelter located in Delray Beach, 24-hour crisis line, counseling services, educational program and other services. The total budget for this countywide program is $1,233,355. The program serves approximately 2,770 residents on an annual basis. Due to the number of residents served and its impact on assistance to victims, the committee recommends funding at last year's level. The organization will also receive $$0,000 in FY 2003 for construction of a Day Care Center from the CDBG program. 0 Association for Retarded Citizens - Funding is requested to support operating costs and programs such as a school serving children 3-10 years of age and adult in-house residential services. Approximately 85 of the 1300 families served are from Delray Beach. The committee recommends funding at previous year's level of $3,000. Boys and Girls Club - Funding requested is for operating costs associated with the Delray Beach Facility. The facility provides services to youth 6-18 years of age each day from 2:00 p.m. until 8:00 p.m. and on school holidays from 7:30 a.m. until 6:00 p.m. 98% of those served by this facility are minorities and 98% of thc approximately 200 youth served each day are Delray Beach residents. The budget proposed for thc next fiscal year is $349,747. The committee feels this is a priority program and recommends funding of $32,000. 0 Center for Group Counseling - This is a new request by an organization located in Boca Raton. Funding is requested to supplement salaries for staff who provide counseling to students in three (3) Delray schools and the Head Start Program. Their program cost is $217,141. The committee feels that the funding for this program should primarily come from the School Board and County. Funding is not being recommended. -3- e Community Child Care Center of Deiray Beach - Funding requested will be used for operating costs to provide affordable, subsidized care to abused, neglected, at-risk children, low income working poor, legal refugee entrants, and those children of teen parents in school. Almost all of those served are Delray Beach residents. The total operating budget is $1,686,000. The committee felt this was a priority project and recommends funding as requested. Se Deaf Service Center - Funding is requested to support the Client Assistance Program and Client Education Program for deaf and hard of hearing adults and children. These programs allow these clients to access needed services. The total cost of the program is $613,981. Out of the 33,000 clients, 2700 are Delray Beach residents. The committee recommends current funding of $5,000. Eight (8) percent of those served are residents and the requested funding is about ten (10) percent of their budget. e Drug Abuse Foundation - Funding is being requested to supplement other sources of funding for the Adult and Adolescent Outpatient Program as well as the Residential Treatment Program. The total budget for these programs is $2,107,300. Funding is distributed via Chris Everett Charities via the Tennis Stadium budget. The amount proposed in the stadium budget is $25,000 which is what the committee recommends. 10. Expanding and Preserving Our Cultural Heritage, Inc. - Funding is requested to support operating and staff costs for the S.D. Spady Cultural Arts Museum. The proposed total operating budget is $300,000. In addition, the City provides landscape maintenance support and we are responsible for all exterior maintenance. The committee is recommending a higher level of funding than provided in FY 2002 to help support the museum. The City through its CDBG program will also be providing $25,000 for architectural consulting services to assist in the renovation of the other building on the site. 11. Joint Venture (Fireworks) - Funding is requested to offset the costs of the Fireworks display on the Fourth of July. By agreement through 2005, the City has committed to this level of funding. The Joint Venture is responsible for contracting for the fireworks, fundraising, and promoting the event. The actual cost for this event is $62,000. In addition, City overtime costs for the event this year were $22,270. Media coverage in- kind contribution was $78,750. This is a City sponsored event. 12. Friends of Sandoway House, Inc. - Funding is being requested to cover the cost of a business manager who will assist in fundraising and manage the organization's finances. Total budget cost is estimated at $167,000. Approximately 12,000 visitors pass through the facility and approximately 50% are Delray Beach residents. The committee is recommending an increase of funding to $30,000. 13. Mae Volen Senior Center - Funding is being requested for transportation services. The committee did not recommend funding as requested. The committee felt this organization had sufficient assets to meet their needs. 14. Palm Beach Photographic Center - Funding is requested to support outreach programs and operating costs. The total operating budget is $756,000. Although this is a valued organization in the City, the committee has not recommended funding due to other priorities. 15. Planned Parenthood of South Palm Beach County - Funding is requested for the first time to subsidize reproductive health services for low income residents. The total cost of the program is $3,218,935. The committee did not recommend funding. This service is provided to residents from Hypoluxo Road South to Broward County. Additional funding sources did not include other cities or the county. 16. Pineapple Grove Main Street - Funding is requested to support operating costs for the Main Street Program. The estimated program cost is $209,000. The committee has recommended $30,000 in funding. 17. Palm Beach County School Readiness Coalition, Inc. - This organization has taken over the responsibilities and programs previously administered by the Palm Beach County School District which has been funded at $30,000 for the past three (3) years. This program requires a six (6) percent local match in order to draw down state funds used to subsidize care for children of working poor families. The total program budget is $6,932.640. The total cost to provide care to 67 children fi.om Delray Beach is $306,592. The committee recommends funding in the amount of$18,000. 18. Urban League - Funding is requested to supplement the salary costs for the Housing Counselor's position. The total budget for this program is $284,000. This program will also receive $12,000 fi.om the CDBG program for administrative costs. Approximately 12% of the Urban League's clients are Delray Beach residents. The committee recommends funding in the amount of $4,000. 19. Wayside House, Inc. - Funding is requested to cover medical and prescription costs for their clients who are indigent females. The total program budget is $1,043,194. 64% of their clients are Delray Beach residents. The committee recommends continued funding in the amount of $6,000. -5- EXHIBIT A SPECIAL EVENTS FISCAL YEAR FY 2000 FY 2001 FY 2002 Requested Recommended Organization Funding Funding Funding FY 2003 FY 2003 Holiday Parade 3,000 2,500 2,500 2,500 2,500 Delray Beach Education Board (1) (4) 2,800 2,950 2,000 0 0 Florida Philharmonic Orchestra 0 0 0 12,500 0 Fotofusion 10,000 5,000 5,000 50,000 8,000 Joint Venture Christmas Tree 25,000 25,000 25,000 25,000 25,000 Martin Luther King Celebration 500 500 500 500 500 Roots Cultural Festival (2) 0 5,500 0 0 0 Safety Patrol Trips (3) 1,500 500 0 0 0 Sister Cities Committee 2,500 4,000 3,000 2,500 2,500 First Night 6,000 8,000 8,000 10,000 10,000 Atlantic High Band 1,500 0 0 0 0 Palm Beach County Day Sponsorship 250 0 0 0 0 Palm Beach Int'l Film Festival 5,000 0 0 0 0 Contingency 2,060 50 5,250 2,750 (1) Funding in the Planning and Zoning Department Budget FY 2001. (2) Cash plus contributed in 12/00 event overtime. (3) $250 per school with stipulation to offset cost of one student to go on trip, identify one child versus to offset costs of all attending trip. (4) Funding in the Community Improvement Budget FY 2002. EXHIBIT B GRANTS FISCAL YEAR 2002-03 Amount ~.mount FY 2000 FY 2001 FY 2002 Requested FY Recommended Organization Funding Funding Funding 2003 IFY 2003 Economic Development (C of C) 25,000 25,000 25,000 25,000 25,000 Econ. Incentive - ABC Carpet 26,500 26,500 29,940 25,000 25,000 SUB-TOTAL 51,500 51,500 54,940 50,000 50,000 AlCl to victims ol' uomestlc ,~ssault (AVDA) (1) 20,000 20,000 20,000 24,000 20,000 i ne ~ssocla[ion o1' r~e[aroeo L,l[izens (ARC) 3,000 3,000 3,000 10,000 3,000 Boy's and Girl's Clubs of Palm Beach County 40,000 35,000 35,000 45,000 32,000 Center for Group Counseling 0 0 0 10,0001 0 Community Child Care Center of Delray Beach (2) 25,000 25,000 25,000 25,0001 25,000 Deaf Service Center 7,000 7,000 5,000 10,0001 5,000 Drug Abuse Foundation (3) 25,400 25,300 25,750 40,000! 25,000 EPOCH (4) 20,000 25,000 25,000 50,000 35,000 Jont Venture (Fireworks) 40,000 40,000 40,000 40,000 40,000 Friends of Sandoway House (5) 36,000 28,000 25,000 50,000 30,000 Mae Volen Senior Center 0 0 0 30,000 0 Palm Beach Photographic Center 0 0 0 75,000 0 Plannea Partennooa ot ~5outn Palm Beach County 0 0 0 10,000 0 School District Palm Beach County Child Care Program 30,000 30,000 30,000 0 0 Pineapple Grove Main Street 30,000 30,000 30,000 35,000 30,000 Palm Beach County School Readiness Coalition, Inc. (6) 0 0 0 18,396 18,000 Urban League (7) 5,000 5,000 4,000 5,000 4,000 Wayside House 6,000 6,000 6,000 6,000 6,000 Visions 2010 0 10,000 0 0 0 Contingency 4,520 2,500 6,000 0 6,500 SUB-TOTAL 291,920 291,800 279,750 483,396 279,500 TOTAL 343,420 343,300 334,690 533,396 329,500 (1) Additional CDBG of $50,000 in fiscal year 2003 for a day care center (2) Additional CDBG contribution, $22,000 fiscal year 2003. (3) Funding for Drug Abuse Foundation is d~stributed via Chris Evert Charities through the Tennis Studium budget. (4) Additional CDBG of $25,000 in fiscal year 2003 for architectural consulting (5) Additional $8,000 given to Sandoway House in FY 2000 and 1999 to help pay contract settlement. (6) Assumed responsibilities of School District Child Care Program. (7) Additional CDBG contribution $12,700 in fiscal year 2003. EXHIBIT C GRANTS FISCAL YEAR 2002-03 Number Served Delray Amount Total Other Net Assets Number Beach Agency Requested Budget Funding (Undesignated) Served Residents Chamber of Commerce 25,000 Pineapple Grove Main Street 35,000 209,009 Yes 6,725 ABC-Carpet 25,000 Joint Venture 40,000 190 Shelters 346 Outreach 22,489 school AVDA 24,000 1,233,355 Yes 512,139 programs 2,770 1300 Association Retarded Citizens 10,000 5,411,371 Yes N/A Families 85 200 per Boy's & Girl's Club 45,000 349,747 Yes 3,618,274 day 267 children Community Child Care Center 25,000 1,686,000 Yes 3,293,239 283 adults 529 Deaf Service Center 10,000 613,981 Yes 98,627 33,000 2,700 Drug Abuse Foundation 40,000 2,107,300 ~'es 2,530,789 10,000 2,800 320,970 ops 300,000 EPOCH 50,000 cap Yes 41,533 16,000+ Friends of Sandoway House 50,000 167,000 Yes 61,766 17,000 6,000 Center For Group Counseling 10,000 217,141 Yes 113,018 1,132 521 Mae Volen Senior Center 30,000 6,410,684 Yes 2,600,652 6,000 72(~ Palm Beach Photographic Centre 75,000 756,000 Yes N/A 83,505 5,40C Palm Beach School Readiness Coalition Inc. 18,396 6,932,640 Yes N/A 1,515 67 Planned Parenthood of South Palm Beach & Broward Counties 10,000 3,218,935 Yes 476,792 8,041 1,806 Urban League 5,000 284,600 Yes N/A 849 10C Wayside House 6,000 1,043,194 Yes 382,068 117 75 301 South Bronough Street, State 300 · Telephone (850) 222-9684 · Suncom 278-5331 CITY MANAGER OF S, INC. Post Office Box 1757. Tallahassee, FL 32302-1757 · Fax (850) 222-3806 · Web site: www.flcities.com June 27, 2002 Mr. David T. Harden City Manager, City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444-2698 Re: Constitutional Challenge/Police Officers' Presumption Dear Mr. Harden: The League intends to challenge the constitutionality of the police officers' presumption (SB 108, Ch. 02-236, Laws of Florida). The purpose here is to solicit your city's assistance. SB 108 passed the state legislature this past session. Its effective date is July 1, 2002. SB 108 amends Sec. 112.18, Fla. Stat., to state that a police officer totally or partially disabled due to tuberculosis, heart disease or hypertension is presumed to have suffered the illness "in line of duty." Experience reflects this presumption will undoubtedly have a financial impact on cities and towns because it will permit police officers to more easily qualify for increased retirement benefits and workers' comp benefits. The League needs one or more cities or towns to serve as a party in the litigation to assure standing to challenge the presumption. The League will pay the costs of litigation. Your city's charter and ordinances authorize either the mayor or the commission/council to commence litigation on behalf of the city. If your city is willing to be a party to the litigation, please send the League a letter substantially similar to the attached sample. We'd questions, please don't hesitate to contact either Chip Morrison or Kraig Conn. advance for your assistance. appreciate your response no later than July 17, 2002. If we can answer any Thank you in In tl/q fight foj:,HOME RULE, . ~chae/~~ Executive Director attachments President Scott Black, Mayor, Dade City First Vice President Carmela Starace, Councilperson, Royal Palm Beach · Second Vice President Dottle Reeder, Mayor,Seminole Executive Director Michael Sittig . General Counsel Harry Morrison, Jr. June 27,2002 Michael Sittig, Executive Director Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, Florida 32302-1757 Dear Mr. Sittig: I've been asked by the city/town council/commission (or mayor if your charter and ordinances authorize the mayor rather than the council/commission to commence litigation) to advise you the city/town is willing to serve as a party to the litigation challenging the constitutionality of SB 108. If you have any questions or need further informa~~ freeze to contact me. Sincerely, Police Disability Presumption Passes Legislature By Kraig Conn The Florida Legislature passed a bill requiring the provision of workers' compensation and disability benefits to city and county law enforcement officers suffering certain diseases without proof the disease is caused by their employment. The Legislature amended the disability presumption language onto CS/CS/SB 108 (R. Smith), a workers' compensation bill. The bill expands an existing "heart and lung" presumption for firefighters and state law enforcement officers to include city and county law enforcement officers. Governor Bush signed the bill on May 8, 2002 and it was designated Chapter Law 2002-236. The new law means hypertension, heart disease or tuberculosis suffered by city and county law enforcement officers is presumed to be job related, and, therefore, covered under workers' compensation and disability benefits. This new law will result in a significant unfunded mandate for cities and counties regarding workers' compensation and disability expenses. The law is effective July 1,2002. Since 1965, Florida retirement law, section 112.18, Florida Statutes, has provided that firefighters who are totally or partially disabled due to tuberculosis, heart disease or hypertension are presumed to have suffered an "in the line of duty" disability. Based on this presumption (commonly referred to as the heart and lung presumption), disabled firefighters receive enhanced retirement benefits without proof the disease was caused or related to employment duties. This presumption is based on the fact that firefighters frequently enter into smoke-filled, and possibly toxic, areas as an aspect of their employment. While the disability presumption was initially created for firefighters, it was expanded to state law enforcement officers in 1999. Under the law, the employer must prove contraction of any of these diseases or conditions is as a result of off-the-job circumstances. This is an extremely difficult presumption to overcome, and not one single employer has ever successfully proven that tuberculosis, heart disease or hypertension was not job related. Under the bill, this same presumption will now be applied to all 40,000 city and county law enforcement officers in Florida. The difficulty with expanding the disability presumption to city and county law entbrcement officers arises primarily in the area of workers' compensation. Florida courts have held the heart and lung presumption contained in section 112.18, Florida Statutes, is applicable to workers' compensation claims. Therefore, expansion of a retirement related disability presumption to include city and county law enforcement officers will, by necessary implication, make the disability presumption applicable to their workers' compensation claims. Florida's workers' compensation system has one of the highest premium rates in the country, and many cities and counties are self-insured. Expansion of the heart and lung presumption to city and county law enforcement officers will cost taxpayers a significant amount in additional workers' compensation and disability expenses. During its 2001 Legislative Conference, the Florida League of Cities' Legislative Committee on Criminal Justice, Ethics and Personnel adopted as its legislative priority the desire to support legislation requiring disabilities claimed as job-related, such as hypertension or heart disease, as well as HIV, hepatitis or cancer, be proven by the weight of the evidence, and not by statutory presumption. Cities and counties are not advocating denial of disability or workers' compensation benefits to law enforcement officers. It is the duty of local government to provide competitive benefits and to provide injured workers with quality care so they can return to their duties. Rather, cities and counties advocate that entitlement to these benefits be appropriately shown by competent evidence. This is a fair standard and should apply to any employee seeking to obtain an employment benefit. Florida's cities understand the inherent risks faced by law enforcement officers, and typically address these matters through the collective bargaining process. However, Florida's cities oppose expanding the disability presumption because it does not take into account that tuberculosis, heart disease or hypertension can be caused by lifestyle or other non-work related factors. If a statutory presumption is to be considered at all, it should be limited to employees who comply with non-smoking and other health and physical fitness standards set by the employer. Also, the benefit should not apply to workers' compensation unless the facts in the case support the claim. These alternatives would create sound public policy recognizing the risks faced by our law enforcement officers, but allowing cities to better control the rising costs of workers' compensation and disability expenses. Cities and counties want to save taxpayers from the potential harm of paying workers' compensation and disability costs for injuries unrelated to the job. The goal is to shed light on the flawed public policy behind disability presumptions and limit their expansion to other categories of employees, such as law enforcement officers. Kraig Conn is Legislative Counsel and Deputy General Counsel .[br the Florida League o./' Cities. CITY OF DELRAY B£~ DELIIAY BEACH RECEIVED CiTY ATTORNEY £1T¥ OF DELRrlV BErI£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Wdter's Direct Line: 561/243-7091 MEMORANDUM August 22, 2002 David Harden, City Manager Susan A. Ruby, City Attorney Florida League of Cities/Constitutional Challenge to SB 108 - Police Officers Presumption I called the Florida League of Cities, and the General Counsel, Chip Morrison, informed me that the suit was filed, August 19th in Circuit Court in Leon County with twenty city plaintiffs. The gist of the claims are that the law violates the Florida Constitution, Article 10, providing that changes in pensions are required to be made on an actuarially sound basis, violation of the single subject rule, impairment of contracts (i.e. Collective Bargaining Agreements), under the Florida and Federal Constitutions, and that the law is an unfunded mandate, violating under Article 7, Section 18. He welcomes our participation as an additional defendant. In speaking with him, he indicated that our participation will be mostly limited to providing data. For example, we would be required to analyze the effect on worker's compensation and pension costs as a result of the law on the City and to provide other risk management data. The League is handling the costs of litigation, other than securing the kind of data such as referred to in this memo. To participate, we will need to fill out the attached surveys. If you are interested, we will need authorization from the City Commission. Attachment 08/22/81 14:58 FL LEAGUE OF CITIES a 561 298 4955 N0.390 P05 l) 2) 7) s) Page I of 2 POLICE OFFICERS' DISABILITY PRESUMPTION SURVEY City or Town: Contact Person: Telephone Nttmber & E-mail Address: Total Expenditures for All Funds, Net of Transfers, in FY 2000/2001: a. Total Capital Expenditures in FY 2000/2001: b. Total Enterprise Fund l~xpenditures in FY 2000/2001: c. Total General Fund Expenditures (i.e., expenditures for police protection, fire protection, parks and recreation, administration and other general government expenditures, less capital expenditures and enterprise fund expenditures) m FY 2000/2001: Total Payroll Expenditures (e.g,, salary, overtime, etc.) Paid to all Employees, Including Police Officers, in FY 2000/2001: Total Employee Benefit Expenditttres (i.e., health insurance premiums, life insurance premiums, workers' comp insurance premiums, liability insurance premiums, FICA taxes, retirement contributions, educational expenses, etc.) Paid by the City/Town to all Employees, Including Police Officers, in FY 2000/2001: a. Workers' Comp Insurance Premiums for all Employe~s Paid in FY 2000/2001 b, Employer Retirement Contributions for all Employees Paid in FY 2000/2001: Total Payroll Expenditures (e.g., salary, overtime, otc.) paid to all Certified Police Officers in FY 2000/2001: Total Police Officer Benefit Expenditures (i.e., health insuraucc premiums, life insurance premiums, workers' comp insttrance premiums, ]aw enforcement liability insurance premiums, FICA taxes, retirement contributions, ~xlucational expenses, etc.) Paid by the City/Town for Certified Police Officers in FY 2000/2001: a. Workers' Comp Insurance Premiums for Certified Police Officers Paid in FY 2000/2001: b. Employer Retirement Contributions for Certified Police Officers Paid in FY 2000/2001: 08/22/02 THU 15:00 [TX/RX NO 5287] 08/22/01 14:58 FL LEAGUE OF CITIES a 561 2?8 4?55 N0.390 Q06 Page 2 of 2 9) Total Number of Full-Time City/Tow~ Employees at the End of FY 2000/2001: Total Numb~ of Full-Time Certified City/Town Police Officers at the End of FY 2000/2001 · ii) Do you have a Collective Bargaining Agreement with your Police Officers? Ycs No Does your City/Town provide a retiremen! plan to its Police Officers? Yes ~ No If so, is it a Ch. 185 plan? Yes No Questions may be directed to Ken Small, Kraig Conn or Chip Momson at 850/222-9684. Completed survey should be sent to Chip Morrison by August 6, 2002, via facsimile (850/222- 3806) or via mail: Chip l~Iorrisen, (}eneral Counsel Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, Flor/da 32302-1757 08/22/02 THU 15:00 [TX/RX NO 5287] 0~×~×01 14:58 FL LEAGUE OF CITIES a 561 278 4755 N0.390 ~o? FLORIDA LEAGUE OF CITIES, INC. 301 South Bronough Street, Suite 300 4, Post Office 8ox 1757 4, Tallahassee, FL 32302-17576 Telephone (850) 222-9684 · Sun,om 278-5331 · Fax (850) 222-3808 Web site; www.flcitias.com NEWS FOR IMMEDIATE RELEASE August 19, 2002 Contact: John Thomas (850) 222-9684 20 Florida cities fight legislation with lawsuit Suit filed today argues against constitutionality of police presumption bill passed last session. TALLAHASSEE - The Florida League of Cities filed a lawsuit today chMlenging the constitutionality of a new law that makes cities pay workers' compensation benefits to city police officers that suffer fi.om hypertension or heart disease - even if thc condition is not related to their job. The law does not provide city governments with thc money needed to pay for this new benefit. T~venty cities in Florida and the League argue the law violates a constitutional amendment approved by the voters of Florida in 1992 saying thc state legislature cannot require cities or counties to implement a law that costs them money without also pwviding the money to pay for it. "The constitutional amendment was approved by thc voters to keep local taxes local and to prevent the state legislature from spending local taxes on state priorities," said Mike Sirtig, Executive Director of the Florida League of Cities. IF SB 108 remains in effect, city governments likely would have to increase property taxes to pay for the added benefits. "The legislature gave the police union bosses what they wanted and ordered the cities to pay the bill. Once again, the legislature is writing checks out of our checkbook and that's exactly what the voters intended to stop when they passed the constitutional amendment in 1992/' said Jim Naugle, Mayor of Fort Lauderdale. President Carmala Staraco, vice Mayor, Royal Palm Beach · First Vice Prealdent Dottle Reader, Mayor. Seminole 4, Second Vice President Clay Ford, Vice Mayor, Gulf Breeze Executive Director Michael $11tll~ 4, General Counsel Harry Morrlaon, .Jr. 08/22/02 THU 15:00 [TX/RX NO 5287] 08/22/01 14:58 FL LEAGUE OF CITIES a 561 2?8 4?55 N0.390 Q08 Article VII, Section 18 of the Florida Constitution provides for cities to decide for themselves if they want to provide these kind of bcl~efits to police officers and prohibits the state legislature from mandating cities to provide these extra benefits without providing the money to pay for them. "Making city governments charge their citizens for a policy they didn't create is like ordering tho most expensive cntrfie on a menu and charging it to someone else's table. You benefit at another's expense," said George Meres, the attorney filing the suit on behalf of the cities. The cities involved in thc suit are; City of Belle Olade City of Brooksviile City of Coconut Creek City of DeFuniak Springs City of Bogle Lake City of Bdgewood City of Fort Laudcrdale City of Green Cove Springs City of Hialcah City of Holmes Beach City of Inverness City of Lake City City of Madison City of Melbourne City of Ocala City of Rockl~dg~ City of Sebring City of Valparaiso Town of Windermere City of Winter Garden 08/22/02 TItU 15:00 [TX~RI NO 5287] 08/22/01 14:58 FL LEAGUE OF CITIES a 561 2?8 4?55 N0.590 Q09 Police Disability Presumption Passes Legislature By Kraig Conn The Florida Legislature passed a bill requiring the provision of workers' compensation and disability benefits to city and county law enforcement officers suffering certain diseases w~thout proof the disease is caused by their employment. The Legislature amended the disability presumption language onto CS/CS/SB 108 (R. Smith), a workers' compensation bill, The bill expands an existing "heart and lung" presumption for firefighters and state law enforcement officers to include city and county law enforcement officers. Governor Bush signed the bill on May g, 2002 and it was designated Chapter Law 2002-236. The new law means hypertension, heart disease or tuberculosis suffered by city and county law enforcement officers is presumed to be job related, and, therefore, covered under workers' compensation and disability benefits. This new law will result in a significactt unfunded mandate for cities and counties regarding workers' compensation and disability expenses. The law is effective July l, 2002. Since 1965, Florida retirement law, section 112.18, Florida Statutes, has provided that firefighters who are totally or partially disabled due to tuberculosis, heart disease or hypertension are presumed to have suffered an "in the line of duty" disability. Based on this presumption (commonly referred to as the heart and lung presumption), disabled firefighters receive enhanced retirement benefits without proof the disease was caused or related to employment duties. This presumption is based on the fact that firefighters frequently enter into smoke-filled, and possibly toxic, areas ms an aspe, ct of their employment. While the disability presumption was initially created tbr firefightcrs, it was expanded to state law enforcement officers in 1999. Under the law, the employer must prove contraction of any of these diseases or conditions is as ~ result of off-the-job circumstances. This is an extremely difficult presumption to overcome, slid not one single employer has ever successtblly proven that tuberculosis, heart disease or hypertension was not job related. Under the bi!l, this same presumption will now be applied to all 40,000 city and county law enforcement officers in Florida. The difficulty with expanding the disability presumption to city and county law enforcement officers arises primarily in the area of workers' compensation. Florida courts have held the heart and lung presumption contained in section 112.Ig, Florida Statutes, is applicable to workers' compensation claims. Therefore, expansion of a retirement related disability presumption to include city and county law enforcement officers will, by necessary implication, make the disability presumption applicable to their workers' co,npensation claims. Florida's workers' compensation system has one of the highest premium rates in the country, and many cities and counties are se[f-insured. Expansion of the heart and lung presumption to city and county law enforcement officers will cost taxpayers a significant amount in additional workers' compensation and disability expenses. 08/22/02 THU 15:00 [TX/RX NO 5287] During its 2001 Legislative Conference, the Florida League of Cities' Legislative Committee on Criminal Justice, Ethics and Personnel adopted as its legislative priority the desire to support legislation requiring disabilities claimed as job-related, such as hypertension or heart disease, as well as HIv, hepatitis or cancer, be proven by the weight of the evidence, and not by statutory presumption. Cities and counties are not advocating denial of disability or workers' compensation benefits to law enforcement officers. It is the duty of local government to provide competitive benefits and to provide injured workers with quality care so they can return to their duties. Rather, cities and counties advocate that entitlement to these benefits be appropriately shown by competent evidence. This is a fair standard and should apply to any employee seeking to obtain an employment benefit. Florida's cities understand the inherent risks faced by law cntbrcement officers, and typically address these matters through the collective bargaining process. However, Florida's cities oppose expanding the disability presumption because it does not take into account that tuberculosis, heart disease or hypertension can be caused by lifestyle or other non-work related factors. If a statutory presumption is to be considered at ail, it should be limited to employees who comply with non-smoking and other health and physical fitness standards set by the employer. Also, the benefit should not apply to workers' compensation unless the facts in the case support the claim. These alternatives would create sound public policy recognizing the risks faced by our law enforcement officers, but allowing cities to better control the rising costs of workers' compensation and disability expenses. Cities and counties want to save taxpayers from the potential harm of paying workers' compensation and disability costs for injuries unrelated to the job. The goal is to shed light on the flawed public policy behind disability presumptions and limit their expansion to other categories of employees, such as law enforcement officers. Kratg Corm is Legislati~,e Cbunsel and Deputy Oengral C'oun. vol Jbr the Flnrida Lgah, ue o,f Cities. 08/22/02 THU 15:00 [TX/RX NO 52871 89/86/81 11~35 FL LEagUE OF CITI[S ~ 961561Z784755 N0.544 ~0i FLORIDA LEAGUE OF CITIES, INC. 301 South Bronough Street, Suite 300 · P.O. Box 1757 · Tallahassee, FL 32302-1757 (850) 222-9684 · Suncom 278-5331 · Fax (850) 222-3806 · Web site: www.flcities.com September 6, 2002 Susan Ruby, City Attorney City of Delray Beach 100 N.W. 1st Avenue Dclray Beach, Florida 33444 Re: City of Fort Lauderdale. et al. v. The State of Florida Dear Ms. Ruby: VIA FACSIMILE (561) 27S-4755 Late last month your city expressed an interest in participating in the legal challmge of the police officers' disability presumption legislation. I'm advised by counsel handling the litigation that it would be relatively easy to add additional cities to the litigation; however, we would prefer to add all additional cities at one time in one motion. We'd like to file the motion sometime in the next two weeks. Therefore, I'd appreciate it if you would advise me of your city's decision. If you have any questions, please don't hcsitatc to call Kraig Corm or me. Again, thank you for your consideration. With kind regards, I am, Sincerely, Harry Morrison, Ir, Oeneral Counsel I-IMj/thr President Carrnola Staraoe. Vice Mayor, Royal Palm Beach First Vice President OollJe Re.der, Mayor, Seminole · Second Vice President Clay Ford, Vice Mayor, Gulf Breeze Executive Director Michael Slltig · General Counsel Harry Moff~ofl, Jr. 09/06/02 FEI 11:40 [TX/RX NO 5334] I ADMINISTRATIVE SERVICES MEMORANDUM TO: David T. Harden, City Manager FROM: [d/~Robert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item City Commission Meeting September 17, 2002 Event Approval Houdini Packing Crate Escape DATE: September 13, 2002 Action City Commission is requested to authorize the use of Veterans Park to be used as a staging and viewing area for a performance of the Houdini Packing Crate Escape, which will take place in the Intracoastal Waterway on October 26, 2002 at 5PM Commission is also requested to authorize staff support for security, EMS assistance, barricading and city assistance in preparing and installing signage foe the performance. Back~round The Creations Pop Culture Museum as part of the program "The Magic of Delray Beach and Tribute to Houdini" is requesting the use of Veterans Park as a viewing and set up site for the Famous Houdini Packing Crate Escape, which will be reenacted in an authentic Houdini trunk. They have arranged for a barge and crane, which will be anchored in the intracoastal from which this performance will take place on October 26 at approximately 5PM. This performance is part of the program that will be going on over the weekend at the Creations Pop Culture Museum and Creations Home Design Center. Staff assistance has been requested for security and EMS service. In addition, we have been requested to prepare and install signage for this performance as well as barricade off 12 parking spaces for there use. The estimated overtime cost for this function is approximately $650.00. Sign costs are approximately $200.00. The sponsor has agreed to pay overtime and signage costs. The sponsor has received permission from the Coast Guard and has provided the required insurance certificates. Recommendatip,n Staff recommends approval of this request, granting of a temporary use permit per LDR's Section 2.3.6)H) for the use of Veterans Park, and authorize staff support as requested comingem on the sponsor paying all City costs and the receipt of a hold harmless agreement. Fil¢:allcn/asmemos Doc:Agenda Item Houdim Creations . fl£ MA IC OF P£LKA ¥ A l'db to Houdini As a salute to 9[LKAY BEAOH, Natio,al Maaio Moth a,d rloudi.i ..... Oreatio.s POP Culture Museum creates maaid The Famous Houdini Packing Crate Escape will be reenacted in an authentic Houdini trunk, replete with the chains and locks on Saturday, October 26, 2002 at Veterans Park in Delray Beach, Florida. Mr. Anthony V. Pugliese III is a very avid collector of history, movie and current events memorabilia that is part of his Creations Pop Culture Museum that resides right here in Delray at 111 Pineapple Grove Way.- One of his passion's is magic!...and Houdini in particular. Mr. Pugliese's Houdini collection includes original items used by the word renown master of escape and illusion including the famed packing crate, milk can, straight jacket, US mail bag, traveling trunk, keys and locks along with many other exciting treasures. Mr. Pugliese's love of children ,magic and making a difference in the community was the driving force to bring this event to the "All American City ,Delray Beach. "Magic has no social or economic barriers...everyone loves magic !", said Anthony V. Pugliese, III during a recent auction where he was bidding on the other Houdini memorabilia, "Let's bring some here to Delray with a Tribute to the World's Greatest Escape Artist, Houdini" The Creations Pop Culture Museum is an ever changing display of some of our fondest memories and saddest moments ..... Wicked Witch of The West's Hat ...Wizard of Oz to the Maltese Falcon, The Maltese Falcon and even the famed Jack Ruby gun that killed Lee Harvey Oswald. "It's a little gem of a museum that brings the icons of the past, present and now.., alive !" Creations Pop Culture Museum will sponsor and host the reenactment of Houdini's death - defying escape act from the 1910's &1920's., The Packing Crate Escape.! Houdini's famous and dangerous stunt involved binding him with chains, heavy metal shackles, climbing into this particular crate and then freeing himself in a matter of minutes. This crate is priceless and an historically relevant prop of the Great Houdini used to entertain and horrify thousands. The crate was purchased at auction by Mr. Pugliese in February 1999 for an undisclosed amount and is made of sturdy pine, and measures 38 inches by 58 inches by 40 inches. The Famous Packing Crate Escape was done around the world in theatres, fairs and other public venues but Houdini's most crowd terrifying feat was to perform the Packing Crate Escape under water which he did many times including in 1912 in the East River in New York. Manhattan' big wig's politicos and throngs of thousand s lined the river edge to watch the Great Houdini do his most famous publicity stunt of the century. "Scientific American Magazine proclaimed it one of the most remarkable tricks ever performed" And now almost 90 years later, right here in Delray Beach's Intracoastal waterway, one of Houdini' s authentic packing crate will be used in the Packing Crate Great Escape. Creations POP Culture Museum is most fortunate to have found Michael Griffin, of the famed $100,000 Challenge which will be held in Palm Beach County at he Coral Sky Amphitheatre, the week of Oct 25th and 26~ 2002. Why Michael Griffin? He is a major student of Houdini plus his reputation as one of the World's Best Escape Artist. There are some very interesting similiarities between Houdini and Michael. Besure to ask him what! Michael Griffin was named the Best Escape Artist in 1995 and in 1998 was recognized as the World's Greatest Living Escape Performer at the World's Magic Awards...in fact he was invited to perform at the award show at Florida's own Universal Studios. Michael has set World Records worldwide including Las Vegas, Los Angleos, Canada and Singapore. Michael Griffin has been compared to David Copperfield, David Blaine and Houdini. LOGISTICS OF "THE MAGIC OF DELRAYBEACH "& -THE Tribute to HOUDINI The promotion of the event will begin as soon as we receive the final blessing of the City of Delray and signing of contract with Michael Griffin. Creations POP Culture Museum will arrange for all fees, travel and accommodations for Michael Griffin, insurance, barge transportation, security, Creations Pop Culture parade expenses, Children's goody bag for 300-500 children at Veterans Park and a special magic show! Time and Schedule of Events: ~,6PM - 9PM, Friday, Oct 25th at the Creations POP Culture Museum and Creations Home Design Center, 111 Pineapple Grove Way, Delray Beach, FL., Michael Griffin will make an appearance (6PM-7:30PM) at The Magic of Creations Charity Fund Raiser for the March of Dimes event ($15) prior to his appearance at the Coral Sky Amphitheatre for his $100,000 challenge event sponsored by Clear Channel, and Budweiser. 11:30-1:30PM, Saturday, October 26th, Creations POP Culture Museum- Meet Michael Griffin at Creations POP Culture Museum to show off the 20 exciting Houdini memorabilia items and a special raffle of the US issued Houdini Stamp and Decoder. 2PM, Saturday, October 26®, Micheal Griffin will be part of the Delray Halloween Parade and the Creations Pop Culture Museum float and the festivities at Veterans Park till his departure to prepare for his Houdini Packing Crate Escape. 5PM, Saturday, October 26th, Creations POP Culture Museum has arranged a 25-foot by 75-foot barge and crane from Cea-Tech to bring Michael Griffin, and the packing crate to the area east of the Veterans Park where he will perform the famous reenactment. There is space for only 10-12 press and select individuals on the barge. The actual escape performance should not take more than 15 minutes from the point that the barge is in place. The crate will be examined by the media on board the barge and at time Michael will be bound and handcuffed, then placed in the Packing Crate; the trunk will then be chained and locked by city officials and lowered by crane to the depths of the Intracoastal ...... accompanying marine boats units will have their search lights on the water .... waiting for the appearance of our Houdini! At this point Michael will be "rescued" and brought to the shores of the Veterans Park to sign autographs and meet the landlocked media and public. He will be there for about 30 minutes. We have arranged for a $2 million dollar insurance coverage - Additional Insurers including Pineapple Grove Properties Limited, Anthony Pugliese III, City of Delray Beach, Michael Griffin, Cea-Tech.. We have received permission from the following - Army Corp of Engineers, US Coast Guard, Boating Safety & Waterway Management, and the Florida Fish and Wildlife Conversation Commission to perform the Houdini Escape. We feel that The Magic of Delray Beach event truly can be an annual event where magic brings a smile to children of every age. Our plans to promote this event would dovetail the current marketing and PR venues including Clear Channel, Sunny, WRMF, Sun Sentinel, Palm Beach Post, Boca Raton Post, Channel 5, WPTV and national media. Roz Gatewood Cell 561-271-8102 or at Creations 454-1642 U,S. Department of Transportatiol~ United States Coast Guard Commander United States Coast Guard Group Miam~ 100 MacArthur Causeway Miam~ Beach, FL 33139 (305) 535-4317 16750 Sq~tember 3, 2002 "Creations" Attn: Colleen Davis 101 Pineapple Grove Way Delray Beach, FI. 33444 Dear Colleen Davis: We have received your Application for the Approval of Marine Event for the Magic of Creations Grand Opening Celebration on October 26, 2002. Based upon the information you provided, a marine permit is not necessary for the event described in your application. Upon close review it was determined that your event will not introduce extra or unusual hazards to 'the safety of life on the navigable waters of the United States due to the nature and location of the event. Generally, events which abide by the Rules of the Road and pose no extra unusual hazard to navigation do not require a permit. Please keep us informed of fmure events so we can determine if a permit is necessary or not. Please insure all participants, spectators and officials are informed about the possible presence of manatees in the area and will be made aware of thc civil penalties that can result from harassment, injury, and or death of an endangered species. S;incerely, /' CWO3, U. S. Coast Guard by direction of the Commander 2o INS OFFICE OF AMERICA 561 ??E, OE,?F~I c- .:.- ~ L~ABILITY INSURANCE COVERAGE LIABILITY COVERAGE LIMITS ~ con Occurrence ©,,re,rat Aggregate f-', ,%,nets/Completed Uporatlons Aggregate P-~ sonal & Advertising Injury Fu-r; Damage Legal Liability Premises Medical Payments $1,000,000 Unhmlted $ 5,000,000 $1,000,000 $ 300,000 $ 5,000 ENROLLMENT APPLICATION The submission of the enrollment form does not guar- antee coverage. Completion of the form confirms desire to obtain insurance coverage through lhe Sports, Leisure and Entertainment Risk Purchasing Group. Coverage Begins on the date the enrollment form is received and approved concurrent w~th the pay merit of the entire premium. Insured Name: Creations of Pineapple Management Inc. Address: 101 Pinea?ple Grove Way ....... Delray Beach, ~% 33444 PREMIUM OPTIONSh AttendaTFce B~eCmlum 1,500 or less $ 375.00 1,501 to 3,000 $ 725.00 3,001 to 6,000 $ 1,450.00 6,001 to 12,000 $ 2,900.00 Contact Name: Phone Number: Name of Event: Event Type: Event Date(s): Coverage Date(s): Location(s): Colleen Dav~s 561-330-7000 A Tribute to Houd4ni (from Ir~t of ehg~bie event type~) t'~-~b.=,r 26_- 2002_ ....... (not i~cludJng net up or tear down) Octobe= 26, 2002 0nc~udlng set up or I~ar down) Delray B~a, chr FL PAYMENT OPTIONS ~ provide coverage, a Cashiers Check, Agency Checks, Money Order or Credit Card information must be received and approved ~2 hours prior to tho coverage date. Cashiers/Certified check enclosed made payable to K&K Insurance Group, Inc. [] Credit Card Payment (Please complete informa- tion below): If-II Master Card [] Visa Additional Insureds: Owners and/or Lessors ol Premises, Sponsors and Volunteers. Mst any of the above types of addibonal ~nsured(s') wino need a certificate of insurance below. Name ~ R_R._gJ¢~5/~ See attached list Cern Number: ~-',q'~,mhon Date: Cardholder Stgnature Number to fax certificates to: (5__6_..1). 330-.7001 Applicant Slgr~tute TO ENROLL: Send your payment and completed enrollment form to: Attn Special Events RPG Program 1712 Magnavox Way P.O. Box 2338 Fort W~yne, Indiana 46801-2338 t-~x (260) 4,59-5624 Cullfornta License//0334819 Agents Please Note: No agent commission paid on this program, 08/30/2002 FR! 11,25 [TX !NS OFF ICE OF AI'IER ICA NAMES OF ADDITIONAL INSURED Pit. apple Grove Properties, Ltd. 101 Pineapple Grove Way Delray Beach, FL 33444 (561) 330-7000 .~mthony V. Pugliesc, III President Creations 101 Pineapple C_~ve Way De[ray Beach, FL 33444 (561) 45~1700 City of Delray Beach 100 N.W. 1a Avenue De[ray Beach, FL 33444 (561) 243-7000 Cea-Teeh Con~mction ~7I 7 S.W. 1st Way, Bay #4 Dee:field Beach., FL (954) 480-2607 Michael Crriff'm Outrajus Productions 7454 Seio~o Plcwy Powe~l, OH 43065 (740) 881-0097 Army Corp of Engineers 08/30/2002 FRI 11:25 11:28 INS OFFICE OF AhlERIEA SE, 1 ??_g 0¢71;1 F'.~ ~-; Mtn: Special Events RPG Program P,O. Box 2338 Fort Wayne, Indiana 461~01-2358 (877) 648~404 Fax (260) 459-5624 California License #0334819 www. kandkinsurance.com PROGRAM ELIGIBILITY CRITERIA Th~. followIng cdtena must be met to be eligible and con- s[dured for coverage under this program. · M;mmum number of spectators per event is 12,000 or Jess, · Maximum number of event days (not including set-up or t(;ar down) is ten. The days of the event are to be consecutbe and not more than two consecutive weekends. No agent commissions paid on this program. Ad~.tions · Reunions (family, class) · Award Presentations · Rummage Sales · Banquets/Luncheons . School Band/Drill Team · Bazaars Competitions . Bingo Games · School Carnivals · Chanty Auctions/ (No Rides) Benefits/Dance/Sale · Scouting Jamborees · Concerts (call for , Seminars approval) · Shows (animal/horse/ · Conventions livestock judging, · Debuts antique, art, autostatJc · Debutante Balls display, boat, business, · D~nner Theaters consumer, craft, fasb- · ,r'esbals (art, craft, ion, flower, garden, ethnic, harvest) home, tv, trade, vaca- · Flea Markets tion) · Graduations - Social Gatherings/ - Job Fairs Receptions · ·~[~.¢ature Distributions · Speaking Engagements · Meetings (business, , Lectures ~.~,,~c club, evangelistic) · Poetry Readings · Pageants · Stage Shows (dance, , Phone-A-Thons music, theatrical) · Picnics (no pool or · Swap Meets lake activities) · Theatrical . Pohtical Campaign Performances/ Rallies Musicals · Proms · Weddings & Receptions . Religious Assemblies Short. Term Special Events Insurance Plan Rates Effective thru January 1, 200:3 DESCRIPTION OF ELIGIBLE EVENTS This list does not encompass all events that may be included in each category, This is only a summary If you do not meet all the criteria above, please contact K&K Insurance Group, Inc al: (877) 648-6404 for other program options available. PROGRAM CONDITIONS Certain event types are not eligible for coverage by this program. The ineligible event types include, but are not limited to the following: · Activist Rallies/Marches/Literature D~stnbut~on · Competitive Athletic Events-Organized or Sanctioned' · Concerts* (call for approval) · Parades* · Rodeos* (activities Including. but not limited to bull ~r bronco riding, steer roping, team roping, r.~ barrel racing) · Events requiring Liquor bability Coverage' (Host Liquor is included) · Overnight Exposure' NOTABLE EXCLUSIONS · Aircraft/Hot Air Ballon · Airport · Motorized Vehicle/Motorcycle/Watercraft/ Pcwerboa~ practicing for, qualifying for or testing for any ractnr, l, speed, demolition or stunting actiwty* · Amusement Devices, including but not limited to, mechanical or non-mechanical nde, slide, water pony ddes, moonwalk or moon bounce, bungee not include video arcade or computer game)* · Fireworks · Animals (injury or death to any animal) . Contractual Liability This is only a generalized summary of the exclus~or,$ ,,, .i conditions. Refer to a copy of th~s policy for a compbt, listing of exclusions and conditions * Coverage for ~neligible events or exc~udc(~ covur;-~,4~; ,, may be considered w~th separate application K&K Insurance to obtain adCbonat ~nformatior, lng a ta~lor-made policy for your tnstJrance 08/30/2UOZ FRI 11:25 [TX, RI INS OFFICE OF AI1EPICA ~'E~i 77P, t¥,r?[-' ,, ~,_ COMMERCIAL G, ENERAL LIABILITY'COVERAGE Named Insured' Company Name: Policy Term: Creations of Pineapple Grove K & K Specialty Insurance October 26~h, 2002 Coverage Written on: [X] Occurrence Form [ ] Claims-Made Form Limits SUnlimited $5,000,000 $1,000,000 $1,000,000 $ 3OO,O00 $ 5,ooo Covera~le Description General Aggregate Products and Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage Medical Payment Coverage Includes: Exclusions: EXPOSURES: Premium: Terms: Premises and Operations Products and Completed Operations Aircraft/Hot Air Ballon Fireworks Contractual Liability AnimaLs (injury or death to any animal) Based on attendance of 3001 to 6000 $1,450.00 Must have application and payment to the company 72 hours prior to coverage date. WED 14.4~ MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager ./L Lula Butler, Community Improvement Director Kendra W. Graham, C. D. Administrator September 12, 2002 Request for Release of Liens ITEM BEFORE THE COMMISSION City Commission consideration of a request from Edwin Ivy to reduce liens recorded against the vacant property he owns in the 300 block of Northwest Fifth Avenue. BACKGROUND On July 16, 2002, City Commission approved award of a subsidy for homeowner assistance to an eligible applicant under the Delray Beach Housing Renaissance Program for new construction. A component of the cost of new construction is lot purchase. The applicant entered into a contract to purchase the aforementioned vacant lot for $12,500. Prior to closing, a title search on the property revealed County liens for delinquent real estate taxes/tax certificates in the amount of $3,496.27, a lien for a "payoff Judgment" in the amount of $4,597.47, and City nuisance abatement liens in the amount of $4,489.03. Mr. Ivy has indicated that the County liens will be paid out of the funds due him at closing and he is currently trying to negotiate terms to settle the "payoff judgment," which will also be paid from funds due him at closing. He is requesting consideration to reduce the City liens. The City's out of pocket cost is $2,792.99. RECOMMENDATION To facilitate t he first-time homebuyer in having his/her home built as expeditiously as possible and to keep the cost of the unit affordable, staff is recommending that City Commission consider the request to accept payment of out of pocket costs. September 12, 2002 Kendra Graham Community Development Administrator City of Delray Beach 100 N.W. 1~t Avenue Delray Beach, Florida 33444 Dear Ms. Graham: I am writing to request consideration of the liens attached to my property located on N W. 5th (12 43 46 16 01 025 0210) in Delray Beach in the amount of $4359.10. I am now aware of the outstanding Palm Beach County Taxes, Tax Deed and First Select Judgment placed as a lien against my property. The accounts will be paid at closing for the full amounts or settlement amounts. I would greatly appreciate if the City of Delray Beach would grant a waiver of fees charged to the property. Thank you for consideration in this matter. Sincerely, Edwin Ivy Edwin Ivy Northwest Fifth Avenue 1987 Nuisance Abatement 70.00 35.00 2.28 107.28 1988 Nuisance Abatement 120.00 50.00 2.14 172.14 35.00 50.00 2.99 87.99 1989 Nuisance Abatement 150.00 50.00 2.40 202.40 1991 Nuisance Abatement 70.00 50.00 2.82 122.82 74.25 70.00 2.44 146.69 80.00 70.00 2.35 152.35 1992 Nuisance Abatement 65.00 70.00 2.45 137.45 62.90 70.00 2.56 135.46 1993 Nuisance Abatement 47.16 70.00 2.68 119.84 1996 Nuisance Abatement 69.00 70.00 1.53 140.53 1998 Nuisance Abatement 59.00 70.00 2.24 131.24 51.00 70.00 2.61 123.61 1999 Nuisance Abatement 52.00 70.00 3.00 125.00 70.00 70.00 3.01 143.01 2000 Nuisance Abatement 66.90 70.00 3.48 140.38 2001 Nuisance Abatement 140.88 70.00 3.06 213.94 58.18 70.00 3.68 131.86 2002 Nuisance Abatement 65.90 80.00 145.90 58.10 55.00 113.10 Agenda Item No.: C~C AGENDA REQUEST Request to be placed on: Regular Agenda Special Agenda Workshop Agenda Consent Agenda Date: When September 12, 2002 September 17, 2002 Description of item: Request to release lien - Vacant lot in the 300 block ofNW 5th Avenue Property Owner: Edwin Ivy Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Staff recommends approval Department Head Signature: ~j~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of fimds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda: Hold Until: /No Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved / Disapproved Memo To: From: Date: David Harden, City Manager / /~,'~' ~ Lula Butler, Director, Community Im September 12, 2002 Re: Request for Release of Lien ITEM BEFORE THE COMMISSION: City Commission consideration of a request from Mr. Ray Mitchell to waive the administrative and recording fees and the interest assessed on vacant land located on SE 6th Street (Lot 19, Block 6, Osceola Park). The total interest and fees to be waived is $1,329.11. BACKGROUND: The vacant land acquired by Mr. Mitchell is located adjacent to his home on SE 6~ Street. Mr. Mitchell bought the property through a tax certificate sale and paid all back taxes. He purchased the lot in order to enlarge his personal property. According to his attached letter, he promises to maintain the property so that it will no longer be a nuisance to the City. The City's actual out-of-pocket cost is $752.43, which he is prepared to pay. The lot that Mr. Mitchell is referring to is a buildable lot. I have not been able to document any significant hardship other than he does not want to expend any more dollars than he has already paid for the tax certificate and taxes. Mr. Mitchell is aware of the City Commission's actions to remove or release past liens. From my conversation with Mr. Mitchell, I believe he understood that there were outstanding liens from the City at the time he purchased the tax certificate. There is nothing that prohibits him from selling the lot for a profit after the City releases the lien. RECOMMENDATION: Staff is recommending denial of the request to reduce the lien amount from $2,081.54 to $752.43. Mr. Mitchell will be present at the Commission meeting to answer any questions. · Page I (~- 119 SE 6TM ST DELRAY BEACH FLORIDA 33483 May 21, 2002 TO: CITY OF DELRAY BEACH 100 N.W. 1sT AVENUE DELRAY BEACH, FL. 33444 RE: SE 6TM ST DELRAY BEACH/ROSEKE WAYNE DEAR MRS. BULTER, MY NAME IS RAY MITCHELL AND I AM LIVING DIRECTLY NEXT TO THE ABOVE MENTION LOT. I AM NOT AN INVESTOR, HOWEVER I AM TRYING TO PURCHASE THIS LOT MAINLY TO INCREASE MY YARD SPACE. I AM WORKING WITH VERY LIMTED CASH WHICH I AM TRYING TO PUT TOGETHER TO MEET THE PURCHASE PRICE, HOWEVER I AM FINDING IT VERY DIFFICULT TO PAY OFF THESE CITY LIENS. I AM ASKING IF I CAN BE GRANTED A RELEASE OF THESE LIENS. I PROMISE THAT I WILL DO THE UPKEEP OF THE LOT TO MY BEST OF MY ABILITY SO IT WON'T CONTINUE TO BE A NUISANCE TO THE CITY OR ANY ONE ELSE IF I GET THIS LOT I WILL NOW BE ABLE TO PLANT SOME FRUIT TREES, PLUS TO ALSO DO MY LITTLE BACK YARD GARDENING. I AM ANXIOUSLY AWAITING YOUR REPLY, AND VERY HOPEFUL THAT MY REQUEST WILL BE GRANTED. THANKS IN ADVANCE. YOURS SINCERELY. RAY MITCHELL TEL #. 379-4331 RECEIVED HAY 2 12002 COMM. IMP. Mr. Ray Mitchell Invoice Type of Date Work 11/29/01 8/31/98 11/12/98 7/23/98 12/12/97 7/30/92 Nuisance Abatement Nuisance Abatement Nuisance Abatement Nuisance Abatement Nuisance Abatement Nuisance Abatement Nuisance 11/6/96 Abatement Nuisance 11/10/95 Abatement Nuisance 7/25/95 Abatement 2/3/95 Total Nuisance Abatement Cost Breakdown Out of Admin Pocket Charges 55.00 58.18 25.00 Recording Fees 184.00 70.00 3.40 59.00 70.00 4.11 59.00 70.00 2.61 67.00 70.00 2.98 51.00 70.00 2.97 61.00 70.00 4.36 51.00 70.00 2.80 56.00 70.00 2.80 106.25 70.00 2.70 752.43 710.00 28.73 Interest To-Date 590.38 Total Cost 2081.54 Release Amount Requested Owner Paying Total Charges $1,329.11 752.43 $2,081.54 PAID BY: RAY MITCHELL 119 SE 6TH ST DELRAY BEACH FL 33483 TCB002 DELINQUENT TAX STATEMENT MAIN OFFICE - TAX SERVICES PAGE 01 TAX COLLECTOR, PALM BEACH COUNTY BOX 3715 WEST PALM BEACH, FL 33402-3715 3RD FLOOR PALM BEACH COUNTY GOVERNMENTAL CENTER (561) 355-2269 CERTIFICATE HOLDER CERT NO TAX YR PUR DATE INT BID AMOUNT COUNTY OF PALM BEACH 2001 16051 2000 FACE: $332.83 INT: 18.00% $59.91 $392.74 ROSEKE WAYNE E & ALETHA RR 10 BOX 200B LAKE CITY 32025-8821 PROPERTY CONTROL NUMBER 12 43 46 21 01 006 0190 TOTAL AMOUNT $392.74 $6.25 $o.oo $o.oo TOTAL DUE $398.99 COLLECTION FEE ( 6.25/CERT ) SEARCH FEE TAX DEED APPLICATION FEE LEGAL DESCRIPTION OSCEOLA PARK LT 19 BLK 6 PAID TAX COLLECTOR, PALM ,9 CH COUNTY COMPUTED FOR PAYMENT TO BE RECEIVED ON OR BEFORE 05/31/2002. PAYABLE ONLY BY CASH, BANK DRAFT CERTIFIED CHECK OR MONEY ORDER. PAYMENT MUST BE MADE IN UNITED STATES FUNDS. THIS STATEMENT BECOMES A RECEIPT WHEN VALIDATED BY THE TAX COLLECTOR OTZE~ DELQ TAZ~ ....... n. ~ ..... ~ooq_nl~lO~ 19~6-0i2226, 1997 0124n: 1-9~98-0ii3~i, iD~ 01678°~, -~0 ~no~~_ ***DUPLICATE*** PD PBC TAX COLLECTOR 6/3/02 0007 00o 00008085 $398.99 Ck $719.40 CHAN~E $0.00 I IIIIIIIIIIIIIIIIIt11 111111111111111111111111111111 0513012002 16:15:33 20020273689 OR BK 13755 PG 0151 ['a~m Beach CoLmty. )~r~thy H. Wi]Pen,  DR-513 ~l~.~:.e]~lli':J~i';1'aE~il~Ti. th,]il ~/R. 03~99 Date of Tax Deed Apphcaton This ~s to certify that COUNTY OF PALM BEACH I 12/04/2000 I a[ff// holder of Tax Sale Certificate Number 11391 , ~ssued the 29th day of May, 1998, and which encumbers the following described property located in the County of Palm Beach, State of Florida, to-w,t 12 43 46 21 Ol 006 0190 * OSCEOLA PARK LT 19 BLK 6 has surrendered same ~n my office and made written apphcaton for tax deed ~n accordance with Florida Statutes I cerbfy that the following tax certificates, interest, ownership and encumbrance report fee, and Tax Collector's fees have been pa~d' Certificates owned 13y Applicant and Filed in Connection with this Tax Deed Application: Certificate Number Date ~f Sale Face Amount of CertTflcatet interest Total 011391 05/29/1998 270.58 125.82 396 40 016789 05128/1999 322.93. 92 04 414 97 D15829 05/31/2000 314 84~ 33 06 347 90 Certificates Redeemed by Applicant or Included (County) in Connection with this Tax Deed Application: C_ertif,cate Number pate Of Sale ':ace Amount of Cedif, catejTax Collector's Fee[ Interest Total )12403 / 05/31/1994 370 18625~ 438 6{~ 815 oc~ )12186 05/3111995 233 0tI 6 25 221 17 460 43 )12226 0513111996 229 57 6 25 189 4[ 425.22 )12405 05/30/1997 322 54 6.25 106 44 435 2~ .~InL'IF.C? I'O ~O0~J 'I'AX[S At, l' .~IJ-~SF.0UERT TA~S. ~ x o r""- c..ri cc: Amounts Certified by Tax Collector (Lines 1-7): 1 Total of all Cerhflcates in Apphcant's Possession and Cost of' the Certificates Redeemed~ by Apphcant or In ~l~Col~V) --~-~~- 2 Total of Dehnquent Taxes Pa~d by Tax De 3 Total of Current Taxes Pa~d by Tax Deed 4 Ownership and Encumbrance Report Fee 5 Tax Deed Apphcat~on Fee 6 Total Interest Accured by Tax Collector 7 Total(Unesl -6) Amounts Cartified by Clerklo~eoL~t~L~'e~/-~5~. 8 Clerk of Court Statutory Fee for Procesmng Tax Deed 9 Clerk of Court Certified Mail Charge 10 Clerk of Court Adverhsmg Charge 11 Clerk of Court Recording Fee for Certificate of Not~ce 12 Sheriff's Fee 13 Interest Computed by Clerk of Courts Pursuant to Sechon 197.542, F.S 14 Total (Lines 8 - 13) 15 Statutory (Opening) B~d, Total of L~nes 7 and 14 Total Amount Pa~d 3295.24' 125 00 0 60.00 fi8.62 103.00 120.00 956.72~/ 4,J98.58 *Done th~s the 11th day of January, 2001 , JOHN K CLARK Tax Collector of PALM BEACH COUNTY *Thru cerbhcat~on must be surrendered to lhe Clerk of the C~rcu~t Court no later ihan ten days after th~s date COUNTY OF PAI~M B'E~CH: NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS PROPERTY CONTROL NUMBER 12 43 46 21 01 006 0190 YEAR CMC 2001 98 I,,11,,,I,II1,,,,,I,1,1,,I,,I,1,11,,,,11,,I,,I,I1,,11,,,I,,I,I ROSEKE WAYNE E & ROSKE ALETHA 22060 47TH DR LAKE CITY FL 32024-2634 TAXING AUTHORITY COUNTY COUNTY DEBT CITY OF DELRAY BEACH CITY OF DELRAY BEACH DEBT CHILDRENS SERVICES COUNCIL F.I.N.D. PBC HEALTH CARE DISTRICT SCHOOL DEBT SCHOOL LOCAL SCHOOL STATE SFWMD EVERGLADES CONST PROJECT SO FLA WATER MANAGEMENT DIST. SO FLA WATER MGMT - OKEE BASIN ASSESSED VALUE 12,075 EXEMPTIONS TAXABLE VALUE 12,075 LEGAL DESCRIPTION OSCEOLA PARK LT 19 BLK 6 | COLLECTOR NO. J JOHN K. CLARK, CFC, ~1 Tax Collector 3-118-585-10 [ Palm Beach County I TELEPHONE MILLAGE TAX AMOUNT 561 355-3996 4.5500 54.94 561 355-3996 .3851 4.65 561 243-7000 7;3700 88.99 561 243-7000 .~300 7.61 561 655-1010 ~5703 6.89 '561 627-3386 .0385 .46 561 659-1270 1.1500 13.89 561 434.-8837 ,4010 4.84 561 434-8837 2.6120 31.54 561 434-8837 5.9350 71.67 561 682-6296 .1000 1.21 561 682-6296 .2840 3.43 561 682-6296 .3130 3.78 PAST YEAR(S) TAX IS DELINQUENT TOTAL AD VALOREM 293.90 LEVYING AUTHORITY DELRAY BCH STORM WATER UTILITY TELEPHONE AMOUNT 7 243-7298 L20 16.20 COLLECTOR, PALM B~.~;t COUNTy TOTAL Ij~-~p_j~l~ CA TE NclJd~{¢ TOTAL AD VALOREM AND NON-AD VALOREM COMBII~:~)='BC TA~lil;]0t$1[ECT~' 6/3/02 000~ 006 0000808~ ~320.40 i i oo. o i i o .oo i I z~o.4o ~s-"I I IFPAIDIN J NOVEaBER I DECEMBER I JANUARY I FEBRUARY J MARCH J APRIUMAY JUNE/JULY J Date: September 12, 2002 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: X Regular Special __ Workshop When: September 17, 2002 Description of Agenda Item: Request for a Release of Lien - Lot 19, Block 6, Osceola Park Vacant Lot Owned by Ray Mitchell Waiver Amount: $1,329.11 Ordinance/Resolution Required: Yes / No Draft Attached: Consent Yes / No Recommendation: Approval Department Head Signature: ~~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~e~/ No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~, AGENDA ITEMr'x~ ~2r . REGULAR MEETING OF SEPTEMBER 17, 2002 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS SEPTEMBER 13, 2002 Attached is the Report of Appealable Land Use Items for the period September 2, 2002 through September 13, 2002. It informs the Commission of the various land use actions taken by the designated boards, that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate with the exception of item "I" from the Site Plan Review and Appearance Board. I am concerned that the reduction of the sight visibility comer at the intersection of the driveway and the alley to three feet creates a hazardous condition. Even though alley traffic volumes and speeds are low, vehicles would be forced to enter the alley blind, especially if a large vehicle such as a SUV were parked in the first parking space north of the driveway. The attached portion of the site plan illustrates the problem. I recommend that SPRAB item 'T' be placed on the October 1, 2002 agenda as an appealed item. S:\City Clerk\chevelle folde~\agenda memos\apagmem.09.17.02 TO' THRU: FROM: DAVI, p)T. HARDEN, CITY MANAGER /ASMIN ALLEN, PLANNER SUBJECT: MEETING OF SEPTEMBER 17, 2002 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 2, 2002 THRU SEPTEMBER 13, 2002 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of September 2, 2002 through September 13, 2002. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No appealable items were considered by the Planning and Zoning Board. The following items will be forwarded to the City Commission for action. · Recommended approval (7 to 0), of the statement of finding regarding consistency of the proposed Capital Improvement Plan (CIP) with the Comprehensive Plan. A. Approved (6 to 0, Eliopoulos absent), two flat wall signs in conjunction with the master sign program for Dunkin Donut & Baskin Robbins, located at the northeast corner of South Federal Highway and Tropic Boulevard (1911 S. Federal Highway). City Commission Documentation Appealable Items Meeting of September 17, 2002 Page 2 B. Approved (6 to 0), a request for a color change for an existing industrial building, '12'15 Wallace Drive, located on the east side of Wallace Drive, north of Linton Boulevard. C. Denied (6 to 0), a proposed color change and upheld the previous approved colors for Sabal Pine South Condominium, located on the west side of SW 22nd Avenue, south of Old Germantown Road (2840 SW 22nd Avenue). D. Approved (6 to 0), a request for a color change for Delray Commercial Centre, located at the northeast corner of Congress Avenue and SW 10th Street (955 & 975 South Congress Avenue). E. Approved (6 to 0), a Class I site plan modification associated with an architectural elevation change for a new restaurant, Panera Bread Cafe, within the Old Harbor Plaza, located at the northeast corner of Linton Boulevard and South Federal Highway. Fo Tabled (6 to 0 ), a Class III site plan modification and landscape plan associated with a 282 square foot building addition for Marc Bilodeau Office, located on the north side of George Bush Boulevard, approximately 100 feet west of NE 3rd Avenue. The building elevations were approved on a 6 to 0 vote. G. Approved (6 to 0), a Class V site plan, landscape plan and architectural elevations associated with the establishment of a car wash for Rub-A-Dub Carwash, located at the southwest corner of SE 5th Avenue (southbound Federal Highway) and SE 7th Street (710 SE 5th Avenue). Concurrently, the Board approved a request to reduce the parking requirement from 14 to 12 parking spaces. H. Approved (6 to 0), a Class V site plan and landscape plan associated with the construction of two new apartment building housing 14 units for Palms of Delray, located on the south side of Dotterel Road, approximately 100' east of Jaeger Drive. The architectural elevation was tabled. Approved (6 to 0), a Class V site plan, landscape plan and architectural elevations associated with the construction of a four (4) story building housing eight (8) new townhouse/condominium units for Duvall Place, located on the west side of SE 6th Avenue (northbound Federal Highway), approximately 147 feet south of SE 1st Street. Concurrently, the Board recommended that the City Commission approved a reduction in the required open space from 10% to 8.1%. Aisc, the Board the approved following waivers: - Reduced the site visibility corner at the intersection of the driveway and SE 6th Avenue from 20' to 14' and the intersection of the driveway and the north/south alley from 20' to 3'. - Reduced the perimeter landscape strip between the parking space/loading area at the southwest corner of the site and the alley from 5' to 3' 4~" City Commission Documentation Appealable Items Meeting of September 17, 2002 Page 3 Denied (6 to 0, Perez-Azua stepped down), a request for a Certificate of Appropriateness for an accessory structure at the Fontaine Fox House, located on the west side of Ocean Boulevard, south of George Bush Boulevard (610 N. Ocean Boulevard). Approved (5 to 1, Jamison dissenting, Perez-Azua stepped down), a request for a Certificate of Appropriateness associated with the construction of a freestanding monument sign for Pineapple Grove Professional Center, located on the east side of NE 3rd Avenue, north of NE 4th Street (525 NE 3rd Avenue). By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- SEPTEMBER 17, 2002 GULF STREAM BI_VD L-30 CANAL ~ ~ L_~..~ ~ LAKE iDA R J ATLANTIC ~_1 ~ L.__J I L I.O~ON BOULEV~O LINTON BOULEVARD L-38 CANAL N W 2ND ST ATLANTIC S W 2ND ST ~L S W C-15 CANAL LINTON S.P.R.A.B. A. DUNKIN DONUTS/BASKIN ROBBINS B 1215 WALLACE DRIVE C. SABAL PINE SOUTH D. DELRA¥ COMMERCIAL CENTER E. PANERA BREAD CAFE F MARC BILODEAU G. RUB-A-DUB CARWASH H. PALMS OF DELRA¥ DUVALL PLACE H.P.B. I FONTAINE FOX HOUSE - 610 N OCEAN BLVD 2 PINEAPPLE PROFESSIONAL CENTER CITY LIMITS ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT AUGUST2002 - - DIGITAL BASE MAP SYSTEM - - Melllo To." From: CC: Date: Re: City Commission David Harden ~ September 13, 2002 Funding Agreement with EPOCH In February of 2001, the restoration of the Spady House ran over budget, so the City entered into a funding agreement with EPOCH to provide $57,000 to finish the restoration. The agreement, a copy of which is attached, called for repayment in three payments, $5,000 in December 2001, $25,000 in May of 2002, and $27,000 in December of 2002. EPOCH paid the December payment, but is not in a financial position to meet the remaining repayment schedule in the agreement, so they have asked to discuss this w~th the Commission. The Commission has several options: Insist that EPOCH meet the terms of the existing agreement. This option would have a severe negative impact on the operation of the Spady Museum and is not recommended. Enter into a new agreement allowing for repayment of the loan over a longer period. I would suggest 10 to 15 years so as to minimize the impact on their operating budget; however, shorter periods could certainly be used. Forgive the entire balance of $52,000. This would impact our financial statement as an expense this year when we are barely breaking even as it is, without taking into account the Mervil settlement. I do not recommend this option. Enter into a new agreement which would be analogous to a soft second mortgage whereby the principal sum due the city would be reduced by 1/10 or 1/15 each year for a ten or fifteen year agreement respectively, so long as EPOCH continued to operate the museum. If EPOCH cased operations for any reason during the term of the agreement, the remaining balance would be due the city form any assets EPOCH might have. Another option would be a new agreement as suggested in 2 above with the understanding that each year the Commission could increase its contribution to EPOCH by an additional amount to cover the payment due that year. Recommendation: I recommend either option 2 or 4, in that order. Sep-13-02 11:05A Nonprofit Resource Instit 561-802-6282 P.01 EPOCH Expm~ding & P~e~e~viug A NOT-F~-PR~ O~N~TION DEDI~TED TO PRESER~NG AND COMMUNICATING THE CULTURALLY DNERSE HISTORY OF SOUTH FLORIDA E~H P.O. Box ~77 ~r~ ~h, FL ~7 P~: ~1-2~ F~ ~1-2~ Emil: ~n~l~h,~t ~sMe~ V~ R FarH~ September 12, 2002 David Harden City Manager City of De[Fay Beach 100 NW 1st Ave. De[ray Beach, FL 33444 Dear David Harden: SEP I 3 2002 CITY MANAGER 1st Vice Pm, Mden~ Clarence M Vauglm 2n'~ Vice I~r~ Mark Remgold, Esq Treasur~ Bmhm Dubin On behalf of the Executive Board of Expanding & Preserving Our CuLturaL Heritage, Inc., we respectfully request to be included on the Tuesday, September 17, 2002 De[Fay Beach City Commission Meeting Agenda. We would Like to discuss the $52,000 remaining loan balance between the City of De[ray Beach and EPOCH. R(mallnd Uurray Board Members Herman Balne John C.W Be~tnelt, Esq Stepmm GiB, Ph.D. ~ Howard Professm Ralph B. Johnson Deborah Rioks Alfred S/raghn ~Wmg C Spence~ Pompey Executive Director Daisy M Fullo~ CC: Bob Barcinski, Assistant City Manager EPOCH Board of Directors Daisy M. Fulton, EPOCH Executive Director Mueeum Advi~ Board Dr. I.C. Spivey Spint~al Advisor W. Rod Faulds, D~rector FAU Univer~y GMlegies Daex~'~y Patteeaon, Archiv,~t Delmy Beech Hlatm-~cal Society L~'ly Roee~, Director The Morilmmi Museum and Japanese G~ TO' David T. Harden, City Manager Joseph M. Safford, Finance Director Date: October 29, 2001 Subject: Questions Regarding EPOCH (Mayor Schmidt) The Mayor has presented a few questions regarding EPOCH. These questions and our responses are as follows. 1. Would it be possible for the Finance Department to help EPOCH with grant administration? Response: We could possibly assist EPOCH in their grant administration. It is difficult to answer this question without knowing the condition of their financial books and their ability to provide timely, auditable backup information compared to the specific requirements of the grant(s) We could research this if you desire Our resources have been stretched pretty thin assisting Weed & Seed personnel with their grants in addition to our normally high level of City grants and, of course, our current year-end closing. One concern we would have is that this is not a City entity and we would therefore be expending City funds administering services to a private 501(c) (3) entity. If you don't consider this a problem or setting a precedent, we could proceed as soon as our review is finalized. 2. What would be the impact if we were to forgive the $25,000 debt that EPOCH currently owes us? Response: The EPOCH loan for $57,000 is in the General Fund. $5,000 is due by December 31, 2001. $25,000 is due by May 30, 2002. The remainder of $27,000 is due December 3 I, 2002. No payments have been received to date. The forgiving of $25,000 of this debt would mean that the General Fund would have a $25,000 expense This would, of course, cause the auditors to question the ability of the City to recover the remainder of the loan. Please contact us should you want us to proceed with either of these items. Cc~ Becky O'Connor, Treasurer Milena Walinski, Assistant Finance Director EPOCH Expanding & P~eserving Our Cultural Heritage, lne~ A NOT-FOR-PROFIT ORGANIZATION DEDICATED TO PRESERVING AND COMMUNICATING THE CULTURALLY DIVERSE HISTORY OF SOUTH FLORIDA EPOCH P.O. BOX 3077 Delray Beach, FL 33447 Phone: 561-279-8883 Fax: 561-279-2230 E-mail: epoc hinc@bellsouth.net President Vera R. Farrlngton Vice President Clarence M.Vaughn Treasurer Brahm Dubin Secretory Rosalind Murray Board Members Eugene Herring Kenneth Howard Mark. S. Reingold, Esq. Nancy Stein Alfred Straghn Mary Wang Executive Director Daisy M. Fulton Museum Advisory Board Dr. I.C. Spivey Spiritual Advisor W Rod Faulds, Director FAU University Galleries Dorothy Patterson, ^rchivist Delray Beach Historical Society Larry Rosenswelg, Director The Morlkaml Museum and Japanese Garden 'Until the lions have their historians, the tales of the hunt will continue to glorify the hunter.' ... an African Proverb June 21, 2002 David Harden City Manager 100 N. W. 1st Ave. Delray Beach, FL 33444 Dear Mr. Harden: Expanding and Preserving Our Cultural Heritage,Inc. (EPOCH) requests that the City of Delray Beach consider foregiving our current loan balance of $52,000. Although our organization has made great strides during the past year under our Executive Director, Daisy Fulton, repayment of this loan would create a financial burden that would necessitate cut backs in some of the programs and efforts described in this letter. The City, as owner of the Spady Museum property, has played a significant role in partnering with EPOCH to fulfill our mutual vision for the City. Forgiving of this loan will allow us to better serve the needs of the community. Some of our activities and accomplishments over the past year that we plan to continue going forward are: 1. Celebrated the grand opening of the S.D. Spady Cultural Arts Museum, July 2001. Over 2300 public/private school students, adults, seniors and other groups have toured the Museum that has become nationally known. 2. Implemented the EPOCH Kids Cultura/ Club pilot program in January 2002 for children and youth in three age streams (ages 6-9, 10- 14, and 15-18). These children participate in activities that foster practical, intellectual, historic and cultural competence. The children prepare for their future with increascd understanding and pride in their past heritage and with thc present engagement of successful adults who mentor and teach them. We are using a temporat>, meeting site at Village Academy until we can fund a permanent site on our grounds. 3. Procured program and capital grants from City of Delray Beach, Delray Beach CRA, Palm Beach County Commission, Community Foundation of Palm Beach and Martin Counties, Forrest C. Lattner Foundaton, Palm Beach County Cultural Council, Lost Tree Village Foundation, Junior League of Boca Raton, Sunrise Kiwanis, Office Depot, Wachovia Bank and Rotary Club, while continuing to identify and to move on procuring new funding sources and fundraising opportunites. 4. Sponsored and participated in special fundraising events such as Annual Spady Day, membership Drive, Awards Banquet, King Day Breakfast, and Commission Roast. 5. Launched a plan to raise funds for restoration of the historic Munnings/Williams Cottage. The building is located just south of the S. D. Spady Cultural Arts Museum. This historic home will be the future home of the EPOCH Kids Cultural Club which we expect will serve up to 300 youth in our City year-round. 6. Plans are underway to construct the C. Spencer Pompey Amphitheater in the rear yard of the S. D. Spady Cultural Arts Museum. The Kids Cultural Club, community groups and the public will be able to use this facility for presentations and special events. 7. Membership enrollment has increased by 100% helping to fund the organization. 8. The volunteers program has been expanded. We feel that EPOCH is moving ahead with vigor and more accomplishments that will benefit the community are ahead of us We feel that ,ye are supported by all groups in the community. We are adding four additional capable, experienced board members to our already strong board of directors· We will continue to look at all funding opportunities. Thank you for considering the request outlined in this letter. We look forward to the City's continued support as EPOCH continues to move forward for the benefit of the community. Should you or the Commission require additional information regarding our request, please advise. Sincerely, / '"7 Vera R. Farrington Board President cc: Board of Directors Daisy Fulton, Executive Director FUNDING AGREEMENT BETWEEN THE CiTY OF DELRAY BEACH AND "EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC." This Agreement is made on this __ and between the City of Delray Beach ("City") and Expanding Cultural Heritage, Inc., a not for profit corporation, ("EPOCH"). WlTNESSETH' day of J_/~g~_C<~F-¢~ , 2001, by a~nd Preserving Our WHEREAS, the CITY is the fee simple owner of the Spady House and EPOCH is responsible for restoring, developing and operating a multi-cultural center to provide educational, cultural, recreational and certain governmental activities; and, WHEREAS, the City has been asked to assist with funding in order for EPOCH to complete the museum project. WHEREAS, the City, as owner of the property has determined that it is in the City's interest to ensure that the project is completed. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. Recitals. The recitals set forth above are incorporated herein. 2. Payment by City. The City shall pay to EPOCH fifty-seven thousand dollars ($57,000) to be used to complete the Spady House Museum Project. EPOCH shall repay to the City fifty-seven thousand dollars 3. Repayment. ($57,000) as follows: a.) b.) First payment of five thousand dollars ($5,000) shall be paid by December 31,2001. twenty-five thousand dollars ($25,000) Second payment of fiffeer~-t4'tou-sand-doflars ($1-5, ,-0~ shall be paid by May 30, 2002. ' c.) The final payment of twenty-seven thousand dollars ($27,000) shall be paid by December 31, 2002. payment is made. 5. Entire Aqreement. Term. This Agreement shall terminate on the date the last and final This Agreement constitutes the entire Agreement between the parties and shall supercede all prior oral and written agreements, as to this Funding Agreement. 6. Modification. This Agreement may be amended or modified by written addendum or amendment signed by the parties. 7. Assignment. This Agreement may not be assigned without the express written consent of the parties. City Clerk Approved as to For~ Witnesses: ~ NamL:~. - ~".,.¢,~_'~(1'~'-~_~4 Print Name: CITY OF DELRAY BEACH, ,FLORIDA David Schmidt, Mayor EXPANDING AND PRESERVING OUR CULTURAL HERIT"AGE,'~-'iNC. By: /t/%¢-~ Title: STATE OF FLQx~_ DA The foregoing instrument ,~/~.~/t,/ ,2001 by ~-,,~ was acknowledged, before me this ~ day of 2 title of officer or agent) ofg,~¢r(.~,/,C~,,-,z/ //~-,-,-/,~,~ /~:.-. (name of corporation " acknowledging), a ~", (state or place of incorporation) corporation, on behalf of the corporation. HelShe~.._.is pers~~pr has produced (type of identification.) a,s identification.../ ,,/Szi/g'~,t5 r'e of ~'a~ P~'~c - state of FJdrid a 1/19/01 EXPANDING & PRESERVING OUR CULTURAL HERITAGE, INC. (EPOCH) COMPILED FINA/~CIAL STATEMENTS May 31, 2002 Gracelyn V. Stuart, CPA GRACELYN V. STUART CERTIFIED PUBLIC ACCOUNTANT 1700 N. DIXIE HWY., STE.139 BOCA RATON, FL 33432 (561) 395-2471 June 18, 2002 Expanding & Preserving Our Cultural Her P. O. Box. 3077 Delray Beach, FL 33447-3077 We have compiled the accompanying statement of assets, liabilities and net assets of the Expanding & Preserving Our Cultural Heritage, Inc. for the quarter ending May 31, 2002 and the related statement of activities for the period then ended, in accordance with standards established by the American Institute of Certified Public Accountants. A compilation is limited to presenting in the form of flnancla± statements information that is the representation of management. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. Management has elected to omit substantially all of the disclosures and the statement of cash flows ordinarily included in financial statements. If the omitted disclosures and the statement of cash flows were included in the financial statements, they might influence the user's conclusions about the company's assets, liabilities and net assets, results of operations and cash flows. Accordingly these financial statements are not designed for those who are not informed about such matters. Certified Public Accountant Expanding & Preserving Our Cultural Her Statement of Financial Position May 31, 2002 ASSETS Current Assets Cash - Capital Operating(Union Plante Cash - Wachovia Bank Petty Cash Cash Register - Gift Shop Merchandise Inventory Due From Executive Dlrector Total Curr~nt Assets Fixed Assets Equipment Furniture & Fixture Art & Crafts Sign African Crafts Software Education Video Series Building Improv. - Spady Museum Less: Accumulated Depzec Total Fixed Assets Ot~er Asse=s Deposits Intangible Assets (net) Total Other Assets Total Assets 2,519 52 10,516 30 500 00 26 00 3,347 45 353 04 10,609.21 6,381.75 575.00 302.07 1,500.00 127.19 12,16b.~ 67,000.00 <9,384.96> 670.00 0.00 17,262.31 89,275.26 670.00 $ 107,207.5! LIABILITIES AND NET ASSETS Current Liabilities Sales Tax Payable $ Payroll Tax Liability Total Current Liabilities Long-Term L~ablllt~es Loan Payable - City of Delray Beach Total Long-Term Liabilities Total Liabilities Net Asse~s Beginning Fund Balance Excess of Support over Expenses Total Net Assets Total Liabilities and Fund Equity 4.36 2,626.68 52,000.00 40,163.41 12,423.12 2,631.04 52,000.00 54,631.04 52,576.53 $ 107,207.57 PREPARED FROM BOOKS AND RECORDS WITHOUT AUDIT Expanding & Preserving Our Cultural Her Statement of Activities For The Month Ending May 31, 2002 Revenues and Other Support Contributions - NonCash Contributions - Corporations Contributions - Individuals Membership Dues Fundraising - MLK Breakfast Fundralsing - Awards Banquet Fundralsing - Commissioner Roast Grants - Community Foundation Grants - Lattner Foundation Grants - Czty of Delray Bch. Grants - Delray Bch. C R A Grants - Florida Humanitzes -Res Grants - Office Depot Sales - G~ft Shop Total Revenues & Support Cost of Sales Cost of Sales - Gift Shop Net Revenues and Other Support Expenses Bank Service Charges Computer Supplies Dues & Subscriptions Equipment Rental Insurance Expense Licenses & Permits Marketing Meetings Office Supplies Payroll Tax Expense Postage & Delivery Printing & Reproduction Professional Fees Program Expense Repairs & Maintenance - Equipmen Repairs & Maintenance - Building Repairs & Maintenance - Landscap Salaries Expense Security Servlce Seminars & Conferences Special Events Telephone Training Travel Utilities Expense Utilities Expense Total Expenses Current Month $ 0.00 0.00 506.55 9.23 0.00 0.00 75.00 1.37 <95.55> <1.74> 0.00 O,DO 0.00 0.00 5,000.00 91.14 0.00 0.00 0,00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 ___b~:~9_ lOO.OO 0.00 0.00 5,486.00 103 72 0 00 296 92 0 00 0 00 5 00 0 00 48.53 0 00 794 25 0 00 170 67 500 O0 617 70 1,162 00 66 45 0 00 10,382 40 0 00 0 00 0.00 874.01 0.00 0.00 357.00 0.00 0.00 0.00 100.00 1 89 0 00 5 41 0 00 0 00 0 09 0 0O 0 88 0 00 14 48 0 00 3 11 9 11 11.26 21 18 1 21 0 00 189 25 0 00 0 00 0 00 15.93 0.00 0.00 6.51 0.00 280.33 Other Revenue and Expenses Miscellaneous Income Penalties 0,00 0.00 0.00 0.00 0.00 0.00 Increase (Decrease) In Net Assets $ <9,892.65><180.33> Year to Date 400.00 0.41 4,787.55 4.91 1,210.00 1.24 11,186.88 11.48 5,306.45 5.44 6,026.04 6.18 143.40 0.15 10,000.00 10.26 1,000.00 1.03 25,000.00 25.65 25,000.00 25.65 2,298.13 2.36 5, 000.00 5.13 152.82 0.16 100.05 97,511.27 58.92 0.06 58.92 0.06 97,452.35 99.9~ 312.00 0.32 68.94 0.07 586.92 0.60 55.00 0.06 2,459.34 2.52 66.25 0.07 52.95 0.05 199.61 0.20 1,708.69 1.75 3,721.12 3.82 547.71 0.56 247.66 0.25 9,060.00 9.30 1,399.32 1.44 1,343.94 1.38 1,557.96 1.60 160.00 0.16 48,639.06 49.91 1,457.95 1.50 17.00 0.02 300.00 0.31 3,949.00 4.05 12.00 0.01 1,439.27 1.48 4,189.06 4.30 0.00 0.00 ~L_s50.:Z~ 85.73 <10.00> <0.01> 413.48 0.42 403.48 0.41 13,498.12 13.85 Prepared From Books and Records Without Audit MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~]gd/t'~ AGENDA ITEM # \~ ~ - REGULAR MEETING OF SEPTEMBER 17. 2002 ORDINANCE NO. 41-02 (REZONING FOR FIRST PRESBYTERIAN CHURCH) SEPTEMBER 13, 2002 This ordinance is before Commission for second reading for rezoning from RM (Multiple Family Residential Medium Density) to CF (Community Facilities) for a residential property (39 Gleason Street) purchased by First Presbyterian Church, located on Gleason Street, 450 feet south of east Atlantic Avenue. The subject property consists of several lots including Lot 6, Block C, John B. Reid's Village, located on the west side of Gleason Street contaimg a paved parking lot. The existing sanctuary, fellowship hall, Christian Education building, 2-story accessory building, Columbian and Memorial garden, and a 52-space parking lot occupy the portion of the campus located between Gleason Street and Bronson Avenue. The remaining portion consists of a paved parking lot and two (2) residential structures (ut/li~.ed as the caretaker's residence and meeting rooms for the Boy Scouts) and is located on the east side of Bronson Avenue. The Planning and Zoning Board held a public heating in conjunction with the request. After discussing this proposal, the Board voted 6-0 to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards), LDR Section 2.4.5(D)(5), and policies of the Comprehensive Plan. At the first reading on September 3, 2002, the City Commission passed the Ordinance No. 41-02 unanimously. Recommend approval of Ordinance No. 41-02 on second and final reading. S:\Caty Clerk\chevelle folder\agenda memos\Ord.41.0Z09.17.02 TO: DAV~.~,~RD~M, ANAGER THRU: PAI. R. DORLING, DIRE[CT~R OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 3, 2002 ZONING CHANGE FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR THE FIRST PRESBYTERIAN CHURCH (39 GLEASON STREET) ON GLEASON STREET, 450' SOUTH OF EAST ATLANTIC AVENUE. The First Presbyterian Church campus consists of several lots, including Lot 6, Block C, John B. Reid's Village which is located on the west side of Gleason Street and contains a paved parking lot. The existing sanctuary, fellowship hall, Christian education building, a 2 story accessory building, a Columbium & memorial garden and a 52-space parking lot occupy that portion of the campus located between Gleason Street and Bronson Avenue. The remaining portion of the church campus is located on the east side of Bronson Avenue and includes a paved parking lot and two residential structures (one being the caretaker's residence and the other accommodating meeting rooms for organizations such as the Boy Scouts). On July 10, 2001, the City Commission approved a rezoning request from RM (Multiple Family Residential) to CF (Community Facilities) for the existing 3.3 acre church property and an adjacent residential parcel referred to as the "Fisler Property" located at 37 Gleason Street. The current request is to rezone a residential property located at 39 Gleason Street recently purchased by the church to be utilized as a facility for Christian Education. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of August 19, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Randolph absent) to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for a zoning designation change from RM (Medium Density Residential) to CF (Community Facilities) based on positive findings with respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(D)(5), and policies of the Comprehensive Plan. Attachments: P & Z Staff Report of August 19, 2002 ORDINANCE NO. 41-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED APPROXIMATELY 450 FEET SOUTH OF EAST ATLANTIC AVENUE (39 GLEASON STREET), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated February, 2002 as being zoned RM (Multiple Family Residential - Medium Density) District; and WHEREAS, at its meeting of August 19, 2002, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOI.LOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: All of the West 135 feet of the North half of Beach Lot 20 and the West 135 feet of the South half of Beach Lot 19, Delray Beach, Florida, according to the Plat of the Fractional East half of Section 16, Township 46 South, Range 43 East, recorded in Plat Book 1, page 25, Palm Beach County records, less the South 55 feet of the West 135 feet of the North half of Beach Lot 20 and less the North 55 feet of the West 135 feet of the South half of Beach Lot 19, according to said plat. Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in reg-l~r session on second and final reading on this the day of ,2002. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 41-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: August 19, 2002 IV.A. Rezoning From RM (Multiple Family Residential - Medium Density) to CF (Community Facifities)_for a Parcel of Land Located on the East Side of Gleason Street, approximately 450 Feet South of East Atlantic Avenue (39 Gleason Street), Associated With the First Presbyterian Church of Delray Beach (Quasi-Judicial Hearing). Owners ............................. First Presbyterian Church of Delray Applicant/Agent ............... Robert H. Rex, Esq. Location .......................... 39 Gleason Street Property Size ..................0.16 Acres Future Land Use Map ..... MD (Medium Density 5-12 units/acre) Current Zoning ................ RM (Multiple Family Residential - Medium Density) Proposed Zoning ............. CF (Community Facilities) Adjacent Zoning .... North: CF (Community Facilities) East: CF (Community Facilities) South: RM (Multiple Family Residential - Medium Density) West: RM (Multiple Family Residential- Medium Density) Existing Land Use ........... Vacant single family residence. Proposed Land Use ........ Rezoning to a more appropriate Zoning Designation for use as a Christian Education Center. Water Service ................. Existing on Site. Sewer Service ................. Existing on Site. LO~RY STREET SRO VE CONO0 SPANISH RIVER RESORT ATLANTIC MANOR HOUSE CONDO NO 2I DELRA Y BSA CH MARRIOTT AVENUE IV.A. ITEM' B:EFORE 'THi'E~ B:"0?ARD ' J The item before the Board is that of making a recommendation to the City Commission on a rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the First Presbyterian Church (39 Gleason Street). The subject property is located at 39 Gleason Street which is approximately 490' south of East Atlantic Avenue and contains 0.16 acres Constructed in 1924 the Gibson Memorial Baptist Church was the first church to be built east of the Intracoastal Waterway. The sanctuary for the congregation was located at 36 Bronson Street one block south of East Atlantic Avenue. It was purchased by the Presbyterian congregation in 1928 and was renamed the Community Presbyterian Church. It remained the Presbyterian sanctuary until their new church was constructed in 1977 at 33 Gleason Street, just to the west of the subject property. After the construction of the new sanctuary, the building became the congregation's Fellowship Hall and the church was renamed the First Presbyterian Church. Today, the First Presbyterian Church campus consists of several lots, including Lot 6, Block C, John B. Reid's Village which is located on the west side of Gleason Street and contains a paved parking lot. The existing sanctuary, fellowship hail, christian education building, a 2 story accessory building, a Columbium & memorial garden and a 52-space parking lot occupy that portion of the campus located between Gleason Street and Bronson Avenue. The remaining portion of the church campus is located on the east side of Bronson Avenue and includes a paved parking lot and two residential structures (one being the caretaker's residence and the other accommodating meeting rooms for organizations such as the Boy Scouts). Recent approvals included the designation of the Fellowship Hall and the adjacent garden (on the north side of the fellowship hall) to the Local Register of Historic Places by the City Commission at its meeting of November 16, 1999. Other minor site improvements that have been approved administratively include the addition of playground equipment, expansion of the courtyard area, and installation of planters and decorative walls. On July 10, 2001, the City Commission approved a rezoning request for the 3.3 acre church property and an existing residential parcel referred to as the "Fisler Property" located at 37 Gleason Street from RM (Multiple Family Residential) to CF (Community Facilities). P&Z Board Staff Report Rezoning from RM to CF for First Presbyterian Church (39 Gleason Street) Page 2 The current request is to rezone the property located at 39 Gleason Street which was recently purchased by the church and will be utilized as a facility for Christian Education. The church has been in continuous operation for neady 80 years on the adjacent property and during the past ten years adjacent tracts have been purchased as the operations of the Church have expanded. As the church campus continues to expand it is appropriate that all the properties be rezoned to CF. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Medium Density Residential and is currently zoned RM (Medium Density Residential). Pursuant to LDR Section 4.4.6(D)(5), within the RM zoning district, churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational and columbarium facilities are allowed as a conditional use. Pursuant to LDR Section 4.4.21(A), the proposed Community Facilities (CF) zoning district is a special purpose zoning district primarily, but not exclusively, intended for locations at which facilities are provided to serve public, semi-public and private purposes. Pursuant to LDR Section 4.4.21(B)(5) within the CF zoning district religious uses such as churches and places of worship and attendant uses of day care, pre-school, educational facilities, and with other normal educational (Sunday school) and recreational facilities, and support facilities (e.g. parsonage) are permitted uses. The proposed CF (Community Facilities) zoning designation is deemed consistent with all Future Land Use Map designations. Rather than seek conditional use approval to establish the use under the RM district, it is more appropriate to establish the use under the CF zoning designation to be consistent with the balance of the campus. Thus, based upon the above, a positive finding can P&Z Board Staff Report Rezoning from RM to CF for First Presbyterian Church (39 Gleason Street) Page 3 be made with respect to consistency with the Future Land Use Map designation. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered with respect to the overall land use pattem, assessment of level of service, the provision of services, and meeting remaining land use needs. The proposed use of the property is for a Christian Education facility. It is noted that uses allowed under the CF zoning designation characteristically have less impact on concurrency than other zoning designations consistent with the underlying Medium Density Residential designation. Concurrency as it relates to traffic and solid waste are discussed below. Traffic: Staff has requested a traffic analysis indicating the proposed impact that the Christian Education facility may have. Although, such analysis has not been submitted it is anticipated that a positive finding with respect to traffic concurrency can be made. Attached as a condition of approval is that a traffic analysis be submitted addressing the change in use. Solid Waste: A reduction in solid waste will result from the change in use as a single family residence generates 1.99 tons of solid waste per year and the proposed 1,525 sq. ft. Christian Education facility will generate 1.22 tons of solid waste per year [1,525 sq. ff. x 1.6 pounds/sq.ft/year = 2,440/2000 = 1.22 tons]. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. A review of the adopted Comprehensive Plan was conducted and the following policies were found with regard to rezoning. Policy C-3.2 Coastal Manaqement Element: There shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system. P&Z Board Staff Report Rezoning from RM to CF for First Presbyterian Church (39 Gleason Street) Page 4 The proposed rezoning will accommodate the existing Christian Education activities at the church. There will be a change in the use of the property from one single family structure to a Christian Education facility. Consistency findings with respect to future improvements will be made at the time of development review. ID Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility is discussed below under the Standards for Rezoning. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The site is developed and includes a single family structure, associated parking and landscaping. Within the RM (Multiple Family Residential - Medium Density) zoning district, churches and their attendant educational facilities are allowed as a conditional use [ref. LDR Section 4.4.6(D)(5)]. Within the CF zoning district, churches are allowed as a principal use [ref. LDR Section 4.4.21(B)(5)]. Pursuant to LDR Section 4.4.6(F)(1), within the RM zoning district the R-1-A (Single Family Residential) district requirements apply for single family detached dwellings. A side interior setback of 7.5', rear setback of 10', and front setback of 25' is required. The existing structure complies with the setback requirements of the R-I-A zoning district. It is noted that within the CF (Community Facilities) zoning district a perimeter setback of 10 feet is required. The existing single family structure and accessory structure (shed) will be non-conforming with respect to the required side and rear yard setbacks as only 9.5' exists on the south side, 4.7' on the east side and 9.7' on the north side. This situation will remain non-conforming under the proposed CF zoning district. Additionally, LDR Section 4.4.21(G)(2) requires that when the CF zone district is adjacent to residential zoning, the perimeter landscaping should be increased to a depth of 15 feet (15') or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. The south perimeter immediately abuts residential zoning while multiple family residential exists to the west across Gleason Street. There are some types of buffer treatment along these perimeters although they are not uniform and include a mix of shadow box fencing, chain link fencing and hedges. Appropriate buffer treatment will be required with the change in use of the property. P&Z Board Staff Report Rezoning from RM to CF for First Presbyterian Church (39 Gleason Street) Page 5 Section 3.2.1 (Basis for Determininq Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoninq Actions): Standards B, C and E are not applicable with respect to the proposed rezoning. The applicable performance standards of Section 3.3.2 are as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "Stable" and "Stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject site is located within an area designated as "Stable" on the Residential Neighborhood Categorization Map. The requested designation is to a CF designation which is deemed acceptable for stable neighborhood areas. Further, the use could be established under both the existing and proposed zoning designation. Therefore, approval of the rezoning will not result in the introduction of a use which otherwise would not be allowed. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The property is surrounded by the following zoning districts: to the north and east is zoned CF (Community Facilities); to the south and west is zoned RM (Multiple Family Residential - Medium Density). The existing land uses are: the First Presbyterian Church and Christian Learning Center to the north and east; multi-family residential to the south; and Crane's Beach House to the west. The proposed Christian Educational facility use is compatible with the surrounding uses as the church has co-existed with the neighborhood for many years. It is noted however, that compatibility will be enhanced through specific regulations which apply to the CF zoning district which, requires increased landscape perimeter buffer treatment. P&Z Board Staff Report Rezoning from RM to CF for First Presbyterian Church (39 Gleason Street) Page 6 Section 2.4.5(D)(5) (Rezoninfl Findinqs): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; bw That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted the following statement indicating the reasons for which the rezoning is being sought based on "b" above: When the present zoning laws were enacted in the early 1990's, the Church property located at 33 Gleason had already been in operation for nearly 70 years. At that time, the property was zoned RM Multi-Family Residential (Medium Density). Since that time, several tracts adjacent to the Church property have been acquired and made a part of the Church campus. The RM zoning is inappropriate and the property should be zoned CF (Community Facilities). The Church has been in continuous operation on this property for nearly 80 years. During the past ten years, adjacent tracts have been purchased as the operations of the Church have expanded. In the year 2001, all the land owned by the Church was rezoned CF and all subsequent purchases expanding the church campus will follow this procedure. We don't anticipate that the membership of the Church will change as a result of fact that the Church bought this new property. The basis for which the rezoning should be granted relates to both b and c in that the use of the property for church related operations is more appropriate given its immediate location to the existing church campus. It was identified with the 2001 rezoning that the church was in the process of expanding its campus and that it was appropriate to allow the rezoning of another single family dwelling at that time. Based upon the above, a positive finding with respect to LDR Section 2.4.5(D)(5) can be made. P&Z Board Staff Report Rezoning from RM to CF for First Presbyterian Church (39 Gleason Street) Page 7 The development proposal is not located within the geographical area requiring review by the DDA (Downtown Development Authority). Community Redevelopment Aqencv This item was reviewed by the CRA at their July 25, 2002, meeting and the Board recommended approval of the rezoning. Courtesy Notices: A special courtesy notice was provided to PROD, the President's Council and the following homeowners associations: · Beach Property Homeowners Association · Via Marina Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The proposed rezoning from RM (Multiple Family Residential- Medium Density) to CF (Community Facilities) designation is supportable as the RM zoning is only appropriate for small churches or single purpose structures and not for large multipurpose church campuses. As the balance of the campus was recently rezoned to CF all further expansions should also be zoned CF. Provided a traffic analysis is provided, positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, this rezoning can be recommended for approval based on the findings outlined in this report. A. Continue with direction. B. Recommend to the City Commission rezoning of the subject property from RM (Medium Density Residential) to CF (Community Facilities), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) P&Z Board Staff Report Rezoning from RM to CF for First Presbyterian Church (39 Gleason Street) Page 8 (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. C. Recommend to the City Commission denial of the rezoning, based on a failure to make positive findings with respect to LDR Section 2.4.5(D)(5). Recommend to the City Commission rezoning of the subject property from RM (Medium Density Residential) to CF (Community Facilities), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: r~ Zoning Map [] Survey RM VETERANS PARK DELRA Y SUMMIT ~ CONDO '<,' BARN TERRACE CONDO TLAN I WA TERWA Y EAST COMMERCIAL CONDO GROVE CONDO SPANISH RIVER RESORT i BEA CH BERKSHIRE RM THE SEA GROSVENOR HOUSE MANOR HOUSE CONDO DELRAY MARRIOTT AVENUE BAR HARBOUR CONDO SEA GA TE TOWERS MIRAMAR INGRAHAM ST DOVER HOUSE CONDO OCEAN PLACE CONDO JARDIN DEL MAR CONDO OCEAN ~RR CF WlNDEMERE CONDO IBAY STREET CITY OF DELRAY BEACH. FL PLANNING & ZONINGDEPARTMENT FIRST PRESBYTERIAN_ REZONINGCHURCH- OF DELRAY FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO: CF (COMMUNITY FACILITIES) ~1 - EXISTING CHURCH AREA ---- DIClTAL 8A,~£ t,~P SYSTEM -- ~ REF ~ 6,~8 55 ~07 .! 21 123~1S NOSV5--S ~ ' MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~b~ AGENDA ITEM \D_~ - REGULAR MEETING OF SEPTEMBER 17. 2002 RESOLUTION NO. 75-02 (MILL&GE LEVY). SEPTEMBER 13, 2002 Resolution No. 75-02 levies a tax on all properties in the City of Delray Beach for FY 2003 as follows: 7.44 mills for operation and maintenance of the General Fund 0.56 mills for the payment of principal and interest on bonded indebtedness 8.00 mills = millage rate The milhge rate of 8.00 mills is equal to the millage for FY 2002. The rolled back rate calculated under the TRIM law for operating purposes is 6.8512 mills. The millage rate is 8.59% above the rolled back rate. The assessed valuation on all taxable property within the City for operating purposes is $4,167,822,706. The assessed valuation for debt service is $4,168,301,249. The reason for the differential is the exemptions that were granted to historic properties in the City. They apply to operating millage only. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the resolution. Recommend approval of Resolution No. 75-02. RefiAgmemo20.Res.75-0Z1Vnllage Levy. FY 2003 RESOLUTION NO. 75-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $7.44 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 2002, and ending September 30, 2003. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $4,167,822,706. The operating millage rate of $7.44 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $6.8512 per one thousand dollars ($1,000.00) by 8.59%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,216,320. There is hereby appropriated for the payment thereof, all revenues derived from the tax levy of $0.56 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2002, and ending September 30, 2003, upon the taxable property of the City of Delray Beach, the assessed valuation being $4,168,301,249. Section 3. That the above millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be extended. Section 4. That public hearings were held on the proposed budget on September 3, 2002 and on September 17, 2002. 2002. PASSED AND ADOPTED in regular session on this the 17th day of September, ATTEST: MAYOR City Clerk 2 Res. No. 75-02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~"I AGENDA ITEM ~ ~) 0.~ . REGULAR MEETING OF SEPTEMBER 17. 2002 RESOLUTION NO 76-02 (MII.IAGE LEVY IN THE DDA TAXING SEPTEMBER 13, 2002 Resolution No. 76-02 levies a tax in the mount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2003. This millage exceeds the 0.9804 rolled back rate calculated under the TRIM law by 2%. A copy of the DDA's Certification of Taxable Value is attached, along with a copy of the DDA budget for FY 2003. Recommend approval of Resolution No. 76-02. Ref'.Agmemo20.Res.76-02.MIIJ.,AGE LEVY DDA FY 2003 RESOLUTION NO. 76-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.00 per one thousand dollars ($1,000.00) of assessed valuatton is hereby levied on all taxable property w~thm the Downtown Development Authority Taxing Dxstrict of the City of Delray Beach for the fiscal year commencing October 1, 2002, and ending September 30, 2003. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also m addition, all revenues derived by smd Taxing Distract during sa~d fiscal year from all other sources other than the tax levy for current bond service and that part of collecuon of dehnquent taxes lemed for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach ~s $189,541,990. The operating millage rate of $1.00 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $0.9804 per one thousand dollars ($1,000.00) by 2%. Section 2. That the above rmllage rate is adopted pursuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adlustment in accordance w~th Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than mumcipalities, countaes, school boards, and water management districts, may adjust its adopted nullage rate if the taxable value withtn the jurischctton of the taxing authority as cerufied pursuant to Section 200.065(1) is at variance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended. Section 3. That public heanngs were held on the proposed budget on September 3, 2002, and September 17, 2002. PASSED AND ADOPTED tn regular session on tbas the 17~h day of September, 2002. ATFEST: MAYOR City Clerk CERTIFICATE OF TAXABLE VALUE SEbTION I , 2002 Year PALM BEACH County (1)' Current Year Taxable Value of Real Property for Operating Purposes (2) Current Year Taxable Value of Personal Property for Operating Purposes (3) Current Year Taxable Value of Centrally Assessed for Operating Purposes (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative Improvements Increasing Assessed Value By At Least 100% + Annexations - Deletions) (6) Current Year Adjusted Taxable Value (4) - (5) (7) Prior Year Final Gross Taxable Value (From Prior Year Applicable Form DR-403 Series) To Delra¥ Beach - D.D.A. DR-420 R 01/95 (Name of Taxing Authority) 189,541,990 0 0 189,541,990 13,861,239 175,680,751 172,234,491 I do hereby certify the values shown herein to be correct to the best of my knowledge and belief. Witness my hand and official signature at West Palm Beach, Fl. ,th~28~. ~;I(~UNE2002 ~fgnature of Property Appraiser TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter NIA or -0-. SECTION II (8) Prior Year Operating Millage Levy (9) Prior Year Ad Valorem Proceeds (7) x (8) (10) Current Year Rolled-Back Rate (9) / (6) (11) Current Year Proposed Operating Millage Rate $ 1.0000 Per $1,000 $ 1--72=2_34 $ 0.9804 Per $1,000 $ 1,0000 Per $1,000 1(12) Check one (1) TYPE of Taxing Authority I ! ' j County ~ Municipality ~ Independent [ Special District Dependent ~ Municipal Service District Taxing Unit Multi-County Water Management Distdct (13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. (14) Current Year Millage Levy for VOTED DEBT SERVICE $ -0- (15) Current Year OTHER VOTED MILLAGE $ -0- I DEPENDENT SPECIAL DISTRICTS SKIP lines (16) through (22) 1 (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts $ n/a & MSTU's levying a millage. (The sum of Line (9) from each District's Form DR-420) (17) Total Prior Year Proceeds: (9) + (16) $ n/a (18) The Current Year Aggregate Roiled-back Rate: (17) / (6) $ n/a ¢19) Current Year Aggregate Rolled-back Taxes: (4) x (18) $ n/a (20) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal $ n/a Taxing Authority, all Dependent Districts, & MSTU's if any, Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate: (20) / (4) $ n/a (22) Current Year Proposed Rate as a PERCENT CHANGE OF Rolled-back Rate: n/a [(Line 21 / Line 18) - 1.00] x 100 Date, Time and Place of the first Public Budget Hearing: September 3, 2002, 7:00 p.m.. C±t¥ Delray BEach City Hall. 100 N.W. Fir.~t AvPn,,e; ]]P]rmy ~rb, F!orid_~_ I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and behef. FURTHER, I cerbfy that all millages comply with the provisions of Section 200.071 or 200.081, F.$. WITNESS my hand and official signatu~ at ~' Delr~y ~,each , Florida, this the 23rd dayof July . I ~ ', ~..7-- / ~ David T. Harden · /---J--~,.~,,~ ~ ./~'~'~----~-~ity Mana§er Same Signature and title of Chief Administrative Officer Address of Physical Location Per $1,000 Per $1,000 Per $1,000 Per $1,000 % ..100_jN.J~!. First Avenue Joseoh M. gafford: Mailing Address Name of'Contact Person DelrRy Beach, FL'. 33444 C~ty State 561-24~-7116 Phone Number SEE INSTRUCTIONS ON REVERSE SIDE 561-263-7166 FaxNumber MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM \O ~. REGULAR MEETING OF SEPTEMBER 17. 2002 RESOLUTION NO. 77-02 (.BUDGET ADOPTION FOR FY 2003) & APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN DATE: SEPTEMBER 13, 2002 Resolution No. 77-02 makes appropriations of sums of money for all necessary expenditures of the City for fiscal year 2003. The budget summary is set forth in Exhibit "A" to the resolution. Two versions of Exhibit "A" are presented. The "as advertised" version is what the Commission considered at your first budget hearing. The "as amended" version incorporates all the changes made at the first hearing and budget work session on August 27~. The motion to adopt Resolution No. 77- 02 should state "with the amended Exhibit 'A'." Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the budget. Approval of Resolution No. 77-02 is recommended. As a related item, Commission is asked to approve the Five-Year Capital Improvement Plan for fiscal years 2003 through 2007 and the Capital Improvement Budget. The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000, which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan to which the City Commission will commit as part of the adopted annual budget. The Planning and Zoning Board, as Local Planning Agency, formally reviewed the Capital Improvement Plan and Capital Improvement Budget on September 16, 2002, as required by the Capital Improvement Element of the Comprehensive Plan. The Board unanimously made a finding that both the CIP and CIB are consistent with the Comprehensive Plan. It is recommended that the City Commission accept the finding of the Planning and Zoning Board that the Capital Improvement Plan and Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. Ref:Agmemo20.Res.77-0ZBUDGET ADOPTION.CIP FY 2003 RESOLUTION NO. 77-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2002, TO THE 30th DAY OF SEPTEMBER, 2003; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL Al,T, RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. 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 quahfications contained in ti-us resolution, all appropriations made out of the General Fund are declared to be maximum, conchnonal and proportionate appropnanons, 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 1st day of October, 2002, and ending the 30th day of September, 2003, for whtch 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 reahzed revenue of the General Fund is to the total amount of revenues estimated by the City Cornrmssion to be available in the period commencing the 1st day of October, 2002, and ending the 30th day of September, 2003. 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 30~h day of September, 2002, except as otherwise promded for, are hereby declared to be lapsed into the C~ty Treasury and may be used for the payment of the appropriations winch may be made in any appropriation for the fiscal year commencing the 1st day of October, 2002. However, nothing in this section shall be construed to be apphcable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitanon 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 1st day of October, 2002. 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 Comrmssion first obtained. If such department, bureau, agency or inchvidual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the admimstrative officer or mchmdual, in the chscretton of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That notlung in this resolution shall be construed as authorizing any reducuon to be made in the amounts appropriated in ttus resolution for the payment of interest on, or retirement of, the debt of the City of Dekay Beach, Florida. Section 6. That none of the monies enumerated in tlus 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 xt shall be the duty of the Budget Administrator and/or Finance D~rector 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 resolutaon. Section 9. That public hearings were held on the tax levy and the budget on September 3, 2002, and September 17, 2002. Section 10. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 17~ day of September, 2002. ATTEST: MAYOR City Clerk 2 Res. No. 77 -02 EXHIBIT A (As Advertised) BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA FISCAL YEAR 2002-2003 CASH BALANCES BROUGHT FORWARD ESTIMATED REVENUES: TAXES AD VALOREM TAXES AD VALOREM TAXES AD VALOREM-DELINQUENT AD VALOREM - DDA Sales & Use Taxes Franchise Taxes Utility Taxes Other Taxes Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Miscellaneous Revenues Other Financing Sources TOTAL REVENUES AND OTHER FINANCING SOURCES TOTAL ESTIMATED REVENUES AND BALANCES GENERAL FUND DOWNTOWN DEVELOPMENT ENTERPRISE FUND FUNDS Mill~s 7 44 29,458,180 0~ 2,217,540 74,000 100 1,643,000 3,181,600 3,844,000 4,000,000 2,747,030 6,336,890 5,510,200 857,500 2,529,270 3,428,410 65,827,620 65,827,620 SPECIAL REVENUE FUNDS TOTAL 0 101,050 1,010,810 211,000 1,322,860 24,250 30,554,280 180,070 6,000 1,564,790 88,000 1,464,420 1,097,880 963,000 29,458,180 2,217,540 74,000 180,070 1,643,000 3,181,600 3,844,000 4,000,000 2,747,030 7,925,930 36,064,480 857,500 3,721,150 5,855,830 186,070 32,639,410 3,117,210 101,770,310 287,120 33,650,220 3,328,210 103,093,170 EXPENDITURES/EXPENSES: General Government Services Public Safety Physical Environment Transportation Economic Environment Human Services Culture & Recreation Debt Service Other Financing Uses TOTAL EXPENDITURES/EXPENSES Reserves TOTAL EXPENDITURES AND RESERVES 6,664,570 36,580,320 357,500 1,449,940 2,522,140 116,400 8,972,320 3,954,970 5,092,040 65,710,200 117,420 65,827,620 287,120 287,120 0 287,120 16,796,660 4,476,360 6,991,000 5,319,460 33,583,480 66,740 33,650,220 35,000 1,528,060 1,528,510 223,960 3,315,530 12,680 3,328,210 6,664,570 36,615,320 17,154,160 1,449,940 4,337,320 116,400 14,977,190 10,945,970 10,635,460 102,896,330 196,840 103,093,170 Re~. No. 77-02 EXHIBIT A (As Amended) BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA FISCAL YEAR 2002-2003 CASH BALANCES BROUGHT FORWARD ESTIMATED REVENUES: TAXES AD VALOREM TAXES AD VALOREM TAXES AD VALOREM-DELINQUENT AD VALOREM - DDA Sales & Use Taxes Franchise Taxes Utility Taxes Other Taxes Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Miscellaneous Revenues Other Financing Sources TOTAL REVENUES AND OTHER FINANCING SOURCES TOTAL ESTIMATED REVENUES AND BALANCES GENERAL FUND DOWNTOWN DEVELOPMENT ENTERPRISE FUND FUNDS MiIlages 744 29,458,180 0.56 2,217,540 74,000 100 1,643,000 3,207,000 3,844,000 4,000,000 2,747,030 6,336,890 5,510,200 857,500 2,529,270 3,428,410 65,853,020 65,853,020 SPECIAL REVENUE FUNDS TOTAL 0 101,050 1,260,810 204,000 1,565,860 1,564,790 180,070 275,050 30,589,280 6,000 1,105,250 80,500 963,000 1,456,930 29,458,180 2,217,540 74,000 180,070 1,643,000 3,207,000 3,844,000 4,OOO,O0O 2,747,030 8,176,730 36,099,480 857,500 3,721,020 5,848,340 186,070 32,932,580 3,102,220 102,073,890 287,120 34,193,390 3,306,220 103,639,750 EXPENDITURES/EXPENSES: General Govemment Services Public Safety Physical Environment Transportation Economic Environment Human Services Culture & Recreation Debt Service Other Financing Uses TOTAL EXPENDITURES/EXPENSES Reserves TOTAL EXPENDITURES AND RESERVES 6,621,530 36,550,640 357,710 1,452,660 2,522,140 116,400 8,978,190 3,954,970 5,092,040 65,646,280 206,740 65,853,020 287,120 287,120 0 287,120 16,983,710 4,476,360 6,991,000 5,569,460 34,020,530 172,860 34,193,390 8,000 1,528,060 1,528,510 223,960 3,288,530 17,690 3,306,220 6,621,530 36,558,640 17,341,420 1,452,660 4,337,320 116,400 14,983,060 10,945,970 10,885,460 103,242,460 397,290 103,639,750 Res. No. 77-02 TO: THRU: FROM: SUBJECT: CiTY COMMISSION ATION DAVID T. HARDEN, CITY MANAGER~~_~ ~, PAUL DORLING, DIRECTOR OF PLANNING & ZONING~ DAN MARFINO, PRINCIPAL PLANNE~L~_ MEETING OF SEPTEMBER 17, 2002 t ~ ADOPTION OF THE OF THE PROPOSED OF THE IMPROVEMENT PLAN (ClP) FOR FY2002-03 - FY2006-07. I ' ....' I PROPOSED CAPITAL The action requested of the City Commission is that of adoption of the proposed Capital Improvement Plan (CIP) for FY2002-03 - FY2006-07. ,ii;/,~ '~ BACKGROUND & ANALYSIS The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000, which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan, to which the City Commission will commit as part of the adopted annual budget. The attached Current CIP (FY2001-02 - FY2005-06) and Proposed CIP (FY2002-03 - FY2006-07) are organized by funds, and then line items. Line items can be individual projects (i.e. NE 4TM Street Seawall), or annual allocations for repair and replacement such as "Building Maintenance" or "Swale Reconstruction". Expenditures on current projects which are not completed in the current fiscal year will "carry over" into the next fiscal year. As the CIP is compared to the Comprehensive Plan, there should be consistency with regard to the list of projects, cost estimates, and time frames. Projects listed in the CIP closely track the Comprehensive Plan, and are projected to be done within comparable time frames. The associated adjustments to the Five Year Schedule of Improvements proposed in the new CIP will be adopted and transmitted with Comprehensive Plan Amendment 2002-1. PLANNING AND ZONING BOARD CONSID ION .... The Planning and Zoning Board, acting as the Local Planning Agency, has the responsibility to review the CID and ClP annually, prior to their adoption by the City Commission, the Planning & Zoning Board is to issue a statement of consistency with the Comprehensive Plan. At its meeting of September 9, 2002, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning the proposed CIP. The Board had considerable discussion relating to the reduction of resources allocated to future "vehicle replacement" and wanted to be assured the reduction would not place an unmet future financial obligation on the City. After the discussion, the Board voted 7 to 0 to make a positive finding that the proposed Capital Improvement Plan (CIP) and Capital Improvement Budget (CID) are consistent with the Comprehensive Plan. ~'~ RECOMMENDED ACTION I By motion, approve the adoption of the proposed Capital Improvement Plan (CIP) for FY2002-03 - FY2006- 07. S:~LongRange~comp~02-1 CC-FOC 2_ CURRENT FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > ~25~000 PROJECT & FUND FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 RECREATION IMPACT FEE Delray Swim & Tennis Club-Building 0 30,000 370,000 0 0 Delray Swim & Tennis Club-lmprov 0 0 0 25,000 0 Roller Blade/Skateboard Park 380,000 0 0 0 0 TOTALS: $380,000 $30,000 $370~000 $25,000 $0 COMMUNITY DEVELOPMENT Infrastructure Design & Dev 210,000 0 0 0 0 Land Acquisition 25,000 0 0 0 0 Bikepaths/Sidewalks/Walkways 70,000 0 0 0 0 Contingency 25,000 0 0 0 0 TOTALS: $330,000 $0 $0 $0 $0 BEAUTIFICATION TRUST Swinton Ave Phase II 210,000 0 0 0 0 Linton Blvd (Congress & Military Trial) 0 350,000 0 0 0 Lake Ida Road 0 215,000 200,000 0 0 Military Trail 0 0 35,000 375,000 0 Street Furn iture-Atlantic Ave 30,000 0 0 0 0 TOTALS: $240,000 $565~000 $235,000 $375,000 $0 BEACH RESTORATION FUND Environmental 200,000 52,000 0 0 0 Surveys 42,000 35,000 36,500 37,500 39,000 Engineering 54,500 0 0 0 0 Fill Placement 5,500,000 0 0 0 0 Repayment Construction Interest 140,000 108,000 0 0 0 Sea Turtles Monitoring 13,450 13,450 13,450 14,800 16,300 Dune Revegetation 50,000' 0 0 0 0 TOTALS: $5,999,950 $208,450 $49,950 $52,300 $55,300 GENERAL CAPITAL IMPROVEMENTS Streets, Alleyways, Parking Lots, Bridges and Sidewalks Street Reconstrucbon 100,000 150,000 250,000 250,000 250,000 Sidewalks/Swales 25,000! 25,000 70,000 70,000 75,000 Traffic Calming 104,000 104,000 104,000 104,000 104,000 Downtown Parking Lots 0 0 0: 100,000 0 TEA21 Sidewalks 231,000 0 0 0 0 Building Construction/Rehabilitation Public Works-Storage Bldg 132,000 0 0 0 0 Vehicle Maint Facility Expansion 0 175,000 0 0 0 Cemetery Maintenance Building 0 0 0 140,000 0 Parks & Recreation Facilities Maintenance Tennis Center-Other Improvements 80,000 45,000 65,000 30,000 85,000 Miller Park Storage Building 0 0 0 175,000 0 Miller Park-RepI Fence/Park Lot Expansion .... 0 0 0 90,00,0 120,000 (1) CURRENT FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > ~25,000 PROJECT & FUND FY 2001-02 FY 2002-03 FY 2003-04 FY2004-05 FY2005-06 Parks-Parking Lots 0 30,000 75,000 35,000 0 Intracoastal Park-Boat Ramp/Picnic Area 0 330,000 0 0 0 Currie Commons Park- Lighting 100,000 0 0 0 0 Pompey Park-Renovation/Bleachers 35,500 0 55,000 0 0 Parks-Replace Playground Equip. 60,000 60,000 30,000 0 0 Cemetery Expansion 0 140,000 0 0 0 Lake Ida Park 01 0 01 125,000 200,000 Atlantic Dunes Park 0 0 15,000: 90,000 0 Catherine Strong Center 0 30,000 300,000 200,000 100,000 Oakmont Park 0 0 0 0 80,000 Building and Equipment Renewal & Replacement Building Maintenance 185,000 150,000 150,000 150,000 150,000 Christmas Tree-Replace Tree Branches 0 43,000 43,000 43,000 43,000 Bridge-Repair & Maintenance 50,000 50,000 0 50,000 0 HR Remodeling 0 0 0 70,000 0 R&R-Computer Equipment 100,000 150,000 150,000 150,000 150,000 Software License/Upgrade 150,000 90,000 150,000 90,000 150,000 Document Storage/Imaging 89,000 0 79,700 0 0 Computerized Irrigation System 0 25,000 25,000 25,000 25,000 Fire-SCBA Upgrade 36,700 36,700 36,700 0 0 Fire-Other Improvements 50,000 61,000 96,000 0 0 Interactive Voice Response System 38,900 0 0 0 0 Website Design 58,000 0 0 0 0 Backbone Infrastructure 206,280 0 0 0 0 Network Management 25,700 125,575 0 0 0 Help Desk 43,680 0 0 0 0 Police-Replace Laptop Computers 0 0 150,000 150,000 150,000 Traffic Preemption Equipment 0 0 119,500 0 0 Police Hurricane Shutters 0 0 0 0 400,000 Other Miscellaneous Lifeguard Towers 70,000 0 140,000 70,000 0 Lake Ida Rd to 195-FenceNVall 100,000 0 0 0 0 City Marina-Riverwalk Seawall 0 276,000 0 0 0 Mobile Data Terminals 29,000 0 0 0 0 Breathing Air Compressor (Fire Dept) 36,000 0 0 0 0 Neighborhood Enhancement 250,000 250,000 250,000 250,000 250,000 TOTALS: $2,385,760 $2~346,275 $2,353,900 $2,457,000 $2,332,000 CITY MARINA FUND Riverwalk 0 200,000; 0 0 0 Project Reserve 68,570 0 0 0 0 TOTALS: $68,570 $200,000 $0 $0 $0 WATER/SEWER NEW CAPITAL OUTLAY McNab Av 85,000 0 0 0 0 W Atlantic Ave Phase III 0 186,000 0 0 0 (2) CURRENT FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2001-02 FY 2002-03 FY2003-04 FY2004-05 FY 2005-06 Del Aire/SW 22nd Circle 0 350,000 0 0 0 TOTALS: $85~000 $536~000 $0 $0 $0 WATER/SEWER CONNECTION FEES Hospital Agreement 45,000 45,000 45,000 45,000 0 16" ICWW Crossing 300,000 0 0 0 0 SCRWTDB Reuse System Expansion 500,000 1,000,000 1,000,000 0 0 TOTALS: $845,000 $1,045~000 $1,045,000 $45,000 $0 WATER/SEWER RENEWAL & REPLACEMENT FUND Other Professional Services 100,000 0 0 0 0 Other Repair & Maintenance 25,500 15,000 15,000 15,000 15,000 Water Line Upgrades 250,000 250,000 250,000 250,000 250,000 Sewer Main Rehabihtation 898,900 850,000 750,000 750,000 750,000 Other Improvements 13,000 42,000 0 0 0 Raw Water Well Rehab. 10,000 10,000 10,000 10,000 10,000 Computer Equipment 42,100 12,000 0 0 0 Other Machinery & Equipment 297,000 190,000 150,000 150,000 40,000 Linton Blvd WM Relocate 150,000 0 0 0 0 Watermain-SW Area 3/NW 13th & 14th Ave 360,000 0 0 0 0 Watermain-NW 10th & NW 9th Ave 177,000 0 0 0 0 Watermain-Southridge-SW 4th Av to S Swinton 104,000 0 0 0 0 Watermain-Rye Ln/Lake Terr/Enfield Rd 120,000 0 0 0 0 Anion Exchange Water Treatment Addibon 250,000 4,200,000 0 0 0 Watermain-Osceola Park 0 607,500 0 0 0 Watermain-NE Area 0 371,000 0 0 0 Watermain-Beverly/Aylesbury Rd 0 60,000 0 0~ 0 Watermain-Lake Ida Area 0 0 365,000 0 0 Watermain-SW 3rd St/SW 3rd Av/SW 6th Av 0 0 825,000 0 0 Watermain-SW 11th & 12th Av 0 0 138,000 0 0 Watermain-Prospect/NW 11th Av/NW 2nd Av 0 0 311,000 0 0 Watermain-SW 12th & SW 3rd Av 0 0 216,000 0 0 Watermain-Seagate/Seasage 0 0 0 293,000 0 Watermain- North Lake Ida Area 0 0 0 276,000 0 Watermain- South Lake Ida Area 0 0 0 259,000 0 Watermain-SW 10th Av & SW 11th Av 0 0 0 351,000 0 Watermain-NE 1st Av/NE 3rd Av 0 0 0 130,000 0 Watermain-Douglas Rd/Zedar Rd 0 0 0 25,000 0 Watermain-US 1 South 0 0 0 414,000 0 Watermain-US 1 North 0 0 0 0 370,500 Watermain/Sanitary-Brooks/Rhodes/Ville/White 0 0 0 0 214,000 WTP Control Room Modernization 50,000 0 0 0 0 Lift Station 50 Booster Conversion 0 518,000 0 0 0 TOTALS: $2,847,500 $7,~25,500 $3,030,000 $2,923,000 $~,649,500 (3) CURRENT FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT& FUND FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 FY2005-06 MUNICIPAL GOLF COURSE Other Improvements 10,000 0 0 0 0 New Greens 0 0 0 500,000 0 Irrigation System Improvement 0 0 0 250,000 0 Other Machinery & Equipment 65,000 75,000 82,500 90,000 97,500 Project Reserve 144,340 0 0 0i 0 TOTALS: $2'19,340 $75,000 $82,500 $840,000 $97,500 LAKEVlEW GOLF COURSE Other Mach. & Equipment 25,000 25,000 25,000 25,000 25,000 TOTALS: $25,000 $25,000 $25,000 $25,000 $25,000 STORMWATER UTILITY Swale Reconstruction 0 0 53,000 53,000 53,000 Tropic Isles CB R&R 60,000 125,000 125,000 125,000 0 NE 4th St-Seawall Park 25,000 0 0 0 0 Osceola Park 0 100,000 0 0 0 NE 4th St-NE 5th to 6th Ay 0 22,000 80,000 0 0 Lake Ida Area 0 0 115,000 0 0 NE 4th Av- E Atlantic Av to NE 2nd St 0 0 276,000 0 0 Dotteral Road 0 0 259,000 0 0 Douglas Rd/Zedar Rd 0 0 0 345,000 0 NW 6t Street 0 0 0 0 86,000 Thomas St Pump Station Modifications 0 0 0 0 58,000 Debt Service 1,021,430 795,240 53,420 53,520 53,550 TOTALS: $'1,106,430 $1,042,240 $96'1,420 $576,520 $250,550 CENTRAL GARAGE FUND Vehicle Replacement 1,113,000 1,157,000 1,203,000 1,250,000 1,300,000 Vehicle Restoration 70,000 70,000 70,000 70,000 70,000 Fire-ALS Rescue Replace 137,800 152,000 159,600 167,600 176,000 Fire-Aerial Apparatus Repl 725,000 0 0 0 0 Fire-Equipment Pumper 0 347,000 0 382,500 0 Fire-Special Operabon Truck 0 0 325,000 0 0 Fire-Ladder Truck Refurbish 0 0 235,000 0 0 TOTALS: $2,045,800 $1,726,000 $'1,992,600 $1,870,100 $'1,546,000 (4) PROPOSED FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 RECREATION IMPACT FEE Delray Sw~m & Tennis Club-Budding] 250,000 0 800,000 0 0 Roller Blade/Skateboard Park 95,000 0 0 0 0 TOTALS: $345,000 $0 $800,000 $0 $0 COMMUNITY DEVELOPMENT Infrastructure Design & Dev 136,000 0 0 0 0 Land Acquisibon 30,000 0 0 0 0 B~kepaths/S~dewalks/Walkways 40,000 0 0 0 0 TOTALS: $206,000 $0 $0 $0 $0 BEAUTIFICATION TRUST Other Mach & Equipment 32,4801 0 0 0 0 Ma~ntenance/Irngabon Truck 21,141 0 0 0 0 Sw~nton Ave Phase II 250,000 0 0 0 0 L~nton Blvd (Congress & Military Trad) 7,500! 292,500 0 0 0 Lake Ida Road 393,102! 0 0 0 0 Lake Ida Fence/Wall 100,000 0 0 0 0 Pineapple Grove FPL Poles 188,313 0 0 0 0 ProJect Reserve 143,900 0 0 0 0 TOTALS: $1,136,436 $292,500 $0 $0 $0 BEACH RESTORATION FUND Surveys 37,440 38,935 40,492 42,112 43,797 Eng~neenng 01 0 0 0 278,500 Fdl Placement 01 0 0 0 0 Repayment Construcbon Interest 80,000 0 0 0 0 Sea Turtles Monitoring 27,310! 27,305 14,800 16,300 16,300 Dune Revegetat~on 50,000! 50,000 0 0 0 Beach Tdl~ng 55,310! 56,969 58,678 0 0 Post Construction Enwron I 52,000 0 0 Update Geotech 0 0 0 0 150,000 TOTALS: $302,060 $173,209 $113,970 $58,412 $488,597 GENERAL CAPITAL IMPROVEMENTS Streets, Alleyways, Parking Lots, Bridges and Sidewalks Street Reconstruction 100,000 112,500 125,000 150,000 150,000 Sidewalks/Swales 0 0 50,000 50,000 50,000 Traffic Calm~n~] 0 92,300 105,000 105,000 105,000 Downtown Parking Lots 0 0 0 110,000 0 Roundabouts-Atlant~c-Sw~nton Avenue 0 90,000 525,000 0 0 SE 7th Ave-Atlantic to SE 1st St 89,300 0 0 0 0 Dotterel Road-Audubon Blvd to N End 0 0 0 0 350,000 Royal Palm Drive 0 0 25,000 75,000 0 Transit stops 50,000 o o o o (1) PROPOSED FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 Building Construction/Rehabilitation Vehicle Mamt Faclhty Expansion 0 265,000 0 0 0 Cemetery Maintenance Building 90,000 0 0 115,000 0 Old School Square-M~sc Bldg 200,000 21,500 350,000 0 0 Spady Museum 200,000 0 0 0 0 South County L~brary Parking Garage 534,000 0 0 0 0 Beautification NW-SW 5th Av-NW 2nd St to SW 2nd St 0 221,000 1,300,000 0 0 W Atlanbc Ay - Ph III 0 0 2,013,000 0 0 W Atlantic Av - Ph IV 0 0 0 1,725,000 0 Parks & Recreation Facilities Maintenance Tennis Center-Other Improvements 25,000 25,000 75,000 75,000 75,000 M~ller Park Storage Building 0 0 0 175,000 0 M~ller Park-Repl Fence/Park Lot Expansion 0 0 0 210,000 0 Parks-Parking Lots 0 0 0 110,000 0 Pompey Park-Renovabon/Bleachers 0 55,000 0 0 0 Parks-Replace Playground Equip. 0 30,000 0 0 0 Cemetery Expansion 160,000 0 0 0 0 Merntt Park 0 0 25,000 0 0 Office Expansion/Park Maintenance 0 0 0 50,000 0 Parking Meters-Multi-Space Metenng 0 0 225,000 0 0 Building and Equipment Renewal & Replacement Building Maintenance 125,000 150,000 150,000 150,000 150,000 Bridge-Repair & Maintenance 0 50,000 0 50,000 50,000 HR Remodehng 0 70,000 0 0 0 R&R-Com puter Eclu~pment 150,000 150,000 150,000 150,000 150,000 Software L~cense/Upgrade 150,000 150,000 200,000 200,000 200,000 Computenzed Irngabon System 0 0 25,000 50,000 0 F~re-SCBA Upgrade 36,700 36,700 0 0 0 F~re-Other Improvements 60,000 142,000 0 0 0! Fire-Traffic Preempbon Equipment 0 0 0 0 119,500 Police Hurncane Shutters 50,000 50,000 0 0 0 Fire - Additional Parking 0 120,000 0 0 0 F~re Headquarters Entrance Upgrade 0 55,000 0 0 0 F~re - Defibrillators/Monitors 200,000 0 0 0 0 F~re - Laptop Computers w/Pnnters 0 0 72,500 0 136,400 Police -AS400 Upgrades & D~sk Storage 0 0 100,000 100,000 0 Type II Cabhng Upgrade 0 0 200,000 200,000 0 Citrix Metaframe 0 272,500 0 0 0 Servers 87,000 25,000 0 0 0 Other Miscellaneous Lifeguard Towers 70,000 70,000 70,000 0 0 C~ty Manna-R~verwalk Seawall 322,000 0 0 0 0 Neighborhood Enhancement 200,000' 200,000 200,000 200,000 250,000 F~re-Substabons W~reless Network 0 42,500 0 0 0 TOTALS: $2,899,000 $2,496,000 $5,985,500 $4,050,000 $1,785,900 (2) PROPOSED FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 CITY MARINA FUND R~verwalk 230,000 01 0 0 0 TOTALS: $230,000 $0 $0 $0 $0 WATER/SEWER NEW CAPITAL OUTLAY McNab Avenue 56,000 375,000 0 0 0 W Atlanbc Ave Phase III 0 0 120,000 0 0 Other Mach & Equipment 238,200 0 0 0 0 Greenbrier Drive 0 0 98,000 0 0 West Atlantic Phase IV 0 0 0 120,000 0 TOTALS: $294,200 $375,000 $218,000 $120,000 $0 WATER/SEWER CONNECTION FEES Hospital A~]reement 45,000 45,000 45,000 0 0 SCRWTDB Reclaimed Water System 150,000 500,000 500,000 500,000 100,000 SCRWTDB Aeration Basin 0 500,000 1,750,000 0 0 TOTALS: $195,000 $1,045,000 $2,295,000 $500,000 $100,000 WATER/SEWER RENEWAL & REPLACEMENT FUND Other Repair & Maintenance 195,000 60,000 60,000 60,000 60,000 Water L~ne Upgrades 275,000 275,000 275,000 519,000 1,590,000 Sewer Ma~n Rehabd~tat~on 600,000 650,000 650,000 650,000 650,000 Other Machinery & Equipment 85,000 60,000 0 0 0 Amon Exchange Water Treatment Add~bon 5,150,000 0 0 0 0 Waterma~n-Osceola Park 0 626,000 0 0 0 Waterma~n-Lake Ida Area 0 212,000 0 245,000 0 Waterma~n-SW 3rd St/SW 3rd Av/SW 6th Av 0 595,000 0 0 0 Watermain-SW 11th & 12th Ay 0 147,000 0 0 0 Waterma~n- North Lake Ida Area 0 0 0 255,000 0 Waterma~n-SW 10th Av & SW 11th Av 0 0 593,000 0 0 L~ff Stabon Rehabd~tabon 100,000 100,000 100,000 100,000 100,000 Manhole Rehabditat~on 50,000 50,000 50,000 50,000 50,000 Waterma~n-Palm Trad Neighborhood 347,000 0 0 225,000 0 Waterma~n- NW 10th Av/NW 11th Av 226,000 0 0 0 0 Waterma~n-Delray Shores Neighborhood 0 0 692,000 0 0 Waterma~n-US 1-SE 10th St to George Bush BIc 0 0 0 0 546,000 Relocate-SR A1A-E Atlanbc Av to Pehcan Ln 0 0 344,000 125,000 0 Relocate-SR A1A-L~nton Blvd to E Atlantic Ay 0 0 0 773,000 0 16" ICWW Crossing Rehab 20,000 100,000 0 0 0 L~ft Stabon 6 Upgrade FM Re-routing 550,000 0 0 0 0 South County Courthouse Expansion 109,000 0 0 0 0 ASR Pump Reconflgurabon 145,000 0 0 0 0 L~ff Station Conversion to Submersible 0 125,000 125,000 0 0 L~ft Station 50 Evaluabon & Analys~s 25,000 0 0 0 0 Lift Stabon 80 Conversion 150,000 0 0 0! 0 TOTALS: $8,027,000 $3,000,000 $2,aa9,000 $3,002,000 $2,996,000 (3) PROPOSED FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25~000 PROJECT & FUND FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 MUNICIPAL GOLF COURSE New Greens 550,000 0 0 0 0 Irrigabon System Improvement 350,000 0 0 0 0 Other Machinery & Equipment 60,000 65,000 70,000 75,000 75,000 TOTALS: $8,927,000 $3,000,000 $2,889,000 $3,002,000 $2,996,000 LAKEVlEW GOLF COURSE Other Mach. & Equipment 25,000 25,000 27,500 27,500 30,000 TOTALS: $25,000 $25,000 $27,500 $27,500 $30,000 STORMWATER UTILITY Swale Reconstruction 0 0 0 150,000 150,000 Tropic Isles CB R&R 142,470 5,000 125,000 0 0 NE 4th St-Seawall 40,000 0 0 0 0 Osceola Park 0 125,000 0 0 0: NE 4th St-NE 5th to 6th Av 0 138,000 0 0 0 Lake Ida Area 0 90,000 0 0 0 NE 4th Av- E Atlanbc Av to NE 2nd St 0 374,000 0 0 0 Dotteral Road 0 54,000 0 0 0 NW 6t Street 0 0 98,000 0 0 Thomas St Pump Stabon Mod~flcabons 0 0 65,000 0 0 General Stormwater Repairs 35,000 50,000 75,000 75,000 75,000 Royal Palm Bird 0 25,000 0 0 0 SE 7th Av 50,000 0 0 0 0 SW 7th St-SW 17th Av to Auburn Av 0 173,000 0 0 0 NW 7th St-NW 1st Av to N Swinton Av 0 0 86,000 0 0 Old Dixie Hwy-S of SE 10th St 40,000 0 0 0 0 Debt Serwce 795,240 53,420 53,520 53,550 53,510 TOTALS: $1,102,710 $1,087,420 $502,520 $278,550 $278,510 CENTRAL GARAGE FUND Vehicle Replacement 760,000 640,000 850,000 950,000 1,100,000 Vehicle Restorabon 25,000 30,000 30,000 30,000 30,000 Fire-ALS Rescue Replace 167,200 175,560 184,340 193,500 203,200 Fire-Special Operabon Truck 0 0 325,000 0 0 Fire-Ladder Truck Refurbish 0 235,000 0 0 0 Fire-Equipment Replace 0 347,000 0 382,500 0 TOTALS: $952,200 $1,427,560 $1,389,340 $1,556,000 $1,333,200 (4) MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # \{~ ~- REGULAR MEETING OF SEPTEMBER 17, 2002 ORDINANCE NO, 38-02 (AMENDING CHAPTER 51 "GARBAGE AND TRASH") SEPTEMBER 13, 2002 This ordinance is before Commission for second reading and public hearing to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Regu!,r Charges Levied" in accordance with the recently awarded bid to Browning Ferris Industries, Inc. (BF1); garbage, recycling, yard trash, bulk trash, and commercial container fees are being amended. Waste collection charges are being increased by 1.6%. These rates go into effect October 1, 2002. At the first reading on September 3, 2002, the City Commission unanimously approved this ordinance. Recommend approval of Ordinance No. 38-02 on second and final reading. S:\City Clerk\chevelle folder\agenda memos\.Ord 38-02Garbagelncrease.09.17.0Zdoc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ff/~71~ AGENDA ITEM # I Z ~1- REGULAR MEETING OF SEPTEMBER 3. 2002 ORDINANCE NO, $8-02 (AMENDING CHAPTER 51 "GARBAGE AND TRASH") AUGUST 30, 2002 This ordinance is before the City Commission to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Re~flar Charges Levied" in accordance with the awarded contract to Browning Ferris Industries, Inc. (BFI); garbage, recycling, yard trash, bulk trash, and commercial container fees are being amended. Waste collection charges are being increased by 1.6%. These rates go into effect October 1, 2002. Recommend approval of Ordinance No. 38-02 on first reading. If passed, a public heating will be scheduled for September 17, 2002. RefiAgrmano14.Ord.38-0ZGarbage Increase 09-034)2 MEMORANDUM TO: FROM: DAVID HARDEN CITY MANAGER Barbara Schooler Utilities Customer Service manager THRU: Joseph Safford Director of Finance SUBJECT: Approval of Ordinance No. 38-02 DATE: August 29, 2002 We are requesting Commission approval of Ordinance No. 38-02 (Amending Chapter 51 "Garbage and Trash") of the Code of Ordinances. There has been an annual increase of the collection portion of the garbage rate based on the Consumer Price Index. This year the applicable rate is 1.6%. The other portions of the rate structure are fixed and will remain fixed over the 5-year life of the Browning Ferris Industries, Inc. (BFI) contract. ORDINANCE NO. 38-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2003; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for samtation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial umts, and shall continue monthly thereafter unless service is chscontinued in accordance with Sec. 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes) Curbside Rollout Carts Monthly Service Cost Per Unit Garbage Collection Recycling Yard Trash Total Fees - Contractor $ 2.65 2.69 4-~e5 1.47 ~ o~ 1.88 $ 5.95 6.04 Cart Replacement Administrative Fee Franchise Fees (5%) Total Fees n nn 0.90 n ~= 0.35 n an 0.30 $ 7ffaO 7.59 Rear-door Owner Container Monthly Service Cost Per Unit Garbage Collection $ 8.~,0 8.53 Recycling ~,.,.,A =1.47 Yard Trash 1.85 1.88 Total Fees Contractor e~ ~ -m 11.88 Administrative Fee Franchise Fee (5%) 0.35 0.59 Total Fees $;!g,64 12.82 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage/Trash Collection $1.70 1.73 Recycling ~...~, '~ ~ 1.47 Yard Trash ~..,~,o=1.88 Total Fees - Contractor $ 5.00 5.08 Administrative Fee Franchtse Fee (5%) 0.35 0.35 a ~ 0.25 Total Fees $ ~ ~:n 5.68 (B) Multi-Family Service Muluple-farmly dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the C~ty because of lack of suitable space for a mechanical container or other good reason. Muluple-farmly monthly fees shall be based mcludc a .... t ..... c~azgc and o__~n a per umt charge. These monthly rates assume two (2) p~ck ups per week. If the amount of refuse generated reqmres more than two (2) tmnca pick ups per week,.w,.,.~.,~"~:~ then the thtrd (3rd) and all subsequent collecuons shall be charged by the 2 Ord. 38 -02 Contractor at the commercial collecuon rate only. Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection ¢~ nn .~ .... $2.03 lmg n o= Recyc .... 0.86 Total Per Umt Fee-Contractor ,, o= 2.89 Admimstrauve Fee 0.35 0.14 Franchise Fee (5%) C~A Total Monthly Fees Per Unit $'~.A .... $3.38 (C) Commercial Service (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers. Commercial customers may use any of the followmg containers for accumulation of refuse: (a) Rollout carts. The City shall reqmre any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercial estabhshments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the C~ty or ~ts contractor, and which are convenient for collection by the C~ty or its contractor. (3) Containers emptied by mechanical means shall be provided by the City or its contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or ats contractor, but not less than one day a week nor more than ~ seven days a week. (4) Commercml customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container shall be servmed at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or ats contractor and the customer. The charge shall be based upon the following schedule: 3 Ord. 38-02 Container Size 2 yd Collecuon Disposal Commercial Rates (Monthly) Container Pickup Frequency (Per Week) 1 2 3 4 .5. 6. 7 11.00 22.00 33.00 43.99 54.99 65.99 76.99 16.28 32.56 48.84 65.12 81.40 97.68 113.97 Container Maintenance Fee Total Contractor Fees Franchtse Fees (5%) Total Fees 19.40 19.40 19.40 19.40 19.40 19.40 19.40 $ .4,:_ ~$ -~ ,:-~ ¢~nn'~o $127 ~2 ~.4 ~ qt~oo n~ ,-mn ~ 46.68 73.96 101.24 128.51 155.79 183.07 210.36 2.33 ~ ~o z a~ ~ ~n 7.75 n ~ ~n ~ 2.33 3.70 5.06 6.43 7.79 9.15 10.52 49.01 77.66 106.30 134.94 163.58 192.22 220.88 3 yd CoHecfion $ 15.2~ $:3:3:4-8 $4-8-.-.~ $ ~.95 $ gi.19 $9-t:4-3 16.50 33.0Q 49.49 65.99 82.49 98.98 Disposal 24.42 48.84 73.26 97.68 122.11 146.53 Container Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44 Total Contractor Fees 115.48 170.95 1C~ A~ 21.44 ~ ...... $4-4-3M-~ $4-84.:0-7 $22~.7~ ~o~ ~n ~ 62.36 103.28 144.19 18S.11 226.04 266.95 307.87 4 0rd. 38-02 Franchise Fees (5%) Total Fees 311 ~4 717 n,~c~ ~ oA 1327 3.12 5.16 7.21 9.26 11.30 13.35 65.48 108.44 151.40 194.37 237.34 280.30 15.39 'llfl "'11 323.26 4 yd CoUecfion Disposal Container Maintenance Fee Total Contractor Fees Franchise Fees (5%) Total Fees 22.00 43.99 65.99 87.99 109.98 131.98 32.56 65.12 97.68 130.25 162.81 195.37 22.21 22.21 22.21 22.21 22.21 22.21 76.77 131.32 185.88 240.45 295.00 349.56 ~ O~ < ~ ~ ~A 11 ~ 14 KK 1~ ~ 3.84 6.57 9.29 12.02 14.75 17.48 80.61 137.89 !95.17 252.47 309.75 367.04 153.97 227.93 22.21 404.11 20.21 424.32 6 yd Collection Disposal Container Maintenance Fee Total Contractor Fees 33.00 65.99 98.99 131.98 164.97 197.97 48.84 97.68 146.53 195.37 244.21 293.05 25.53 25.53 25.53 25.53 25.53 25.53 1<O~ ~100 ~ ...... $~ $~--3v4-3 107.37 189.20 271.05 352.88 434.71 516.55 230.97 341.90 25.53 598.40 5 Ord. 38 -02 Franchise Fees (5%) Total Fees 8 yd Co~ecfion Disposal Container Maintenance Fee Total Contractor Fees Franchise Fees (5%) Total Fees 5.37 9.46 13.55 17.64 21.74 25.83 $!~.19 ~ $2o,,2.96 $368-34 112.74 198.66 284.60 370.52 456.45 542.38 $ 4a ~n $ o~ ~n $129.99 $173.20 ~0~ en eoen on 43.99 87.99 131.98 175.97 219.96 263.96 65.12 130.25 195.37 260.49 325.62 390.74 27.09 27.09 27.09 27.09 27.09 27.09 136.20 245.33 354.44 463.55 572.67 681.79 29.92 628.32 307.95 455.86 27.09 790.90 6.81 12.27 17.72 23.18 28.63 34.09 39.55 $t4g~ $g$6-,t4 $369.98 $48-34h3 $$9-7~ $74t-,$t- 143.01 257.60 372.16 486.73 601.30 715.88 830.45 6 Ord. 38 -02 2 yd Commercial Front-Load Compacting Containers 1 2 3 4 Collecuon Disposal Total Contractor Fee Franc}use Fee (5%) Total Fees $I,5.89 17.16 61.08 '7'7 fl'7 78.24 2 fifi 3.91 $~I $82.15 3 yd Collection Disposal Total Contractor Fee Franchise Fee (5%) Total Fees 51.48 183.19 254.67 11 <fi 11.73 246.40 5 yd Collection Disposal Total Contractor Fees Franchise Fees (5%) Total Fees $~2.22 42.89 152.62 195.51 9-.74 9.78 205.29 $126.~ 128.69 457.91 586.60 29.33 ~t2 on 615.93 6 yd Collection Disposal 205.88 732.64 7 Ord. 38 -02 Total Contractor Fees Franchise Fees (5%) Total Fees 938.52 46.93 985.45 Commercial/Multi-Family Rolloff Containers: Open-top rolloff container $95.99 94.49 per pickup plus disposal cost Compactors $93.00 94.49 per pickup plus disposal cost; PLUS monthly container rental 15 Yard $250.00 20 Yard 295.00 30 Yard 345.00 40 Yard 395.00 Excludes commercial recycling containers and construction/demohuon debris. Commercial 95-Gallon Cart Service Pickups Per Week Collection Disposal Container Monthly Charge Fr. Fees Total Fees I $ 2.,55 2.69 $ 8.14 $2.00 $12.79 12.83 $ 9.,5'I. 0.64 $13A3 13.47 2 5.30 5.39 16.28 2.00 23.58 23.67 1.18 1.18 g4-,-,7-6 24.85 3_ 7.95 8.08 24.42 2.00 ~ 34.50 1.72 1.73 3,5.09 36.23 4 ~nr_n 10.77 32.56 2.00 4-5-A4 45.33 '~'~- 2.27 A.A~ 47.60 5 ~ ~ '~= 13.47 40.70 2.00 e~ ne 56.17 ,..,,,,° on 2.81 .,,,.=° '~=,., 58.98 6 15.90 16.16 48.84 2.00 66-.74 67.00 g~-34 3.35 70.08 70.35 NOTE: The foregoing rates are based on $28.00 per ton ($1.88 per cubic yard), which is the anticipated Sohd Waste Authority tipping fee to be effective October 1, 2901 2002. 8 0rd. 38-02 84 -30-GaQon BFI currently picks up individual 30-gallon cans along Atlantic Avenue, the beach area, and Pineapple Grove. Out of a total of 104 containers, 84 do not have property control numbers and, therefore, the City. is not charged for disposal costs by the Solid Waste Authority.. BFI, by contract, does not charge the City for collecuon costs but should be pa~d for their disposal costs. Since the Sohd Waste Authority does not rennburse BFI for these disposal costs, it should be the respons~bthty of the C~ty to reanburse them. The City. will be billed $7,390.66 annually which will be computed as follows: 84 30 gallon containers p~cked up 6 times per week $28 per ton disposal rate charge by SWA = $1.88 per cubic yard 30 gallon container = .15 cubic yards 84 containers X .15 cubic yards X 6 pick ups per week X 52 weeks X $1.88 = $7,390.66 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of tlus ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be mvahd. Section 4. That this ordinance shall become effective on October 1, 2002. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. MAYOR ATFEST: 9 Ord. 38 -02 City Clerk F~rst Reading Second Reading 10 0rd. 38-02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER A(~ENDA ITEM # \~ ~ - RE(~ULAR MEETING OF SEPTEMBER 17. 2002 ORDINANCE NO, $9-02 (AMENDING CHAPTER 52 "WATER") SEPTEMBER 13, 2002 This ordinance is before Commission for second reading and public hearing to amend Chapter 52 "Water", of the Code of Ordinances by modifying Section 52.34, ''Water Rates" to provide for a rate increase of seven percent (7%). These new rates go into effect on October 1, 2002. At the first reading on September 3, 2002, the City Commission unanimously approved this ordinance. Recommend approval of Ordinance No. 39-02 on second and final reading. S:\Ci~y Clerk\chevelle folder\agenda memo~\O~d 39.02Water.09.17.0Zdoc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~/1 AGENDA ITEM # i'~ ~.} REGULAR MEETING OF SEPTEMBER 3, 2002 ORDINANCE NO. 39-02 (AMENDING CHAPTER 52 "WATER") AUGUST 30, 2002 This ordinance is before the City Commission to amend Chapter 52 'Water" of the Code of Ordinances by modifying Section 52.34, '%Vater Rates" to provide for a rate increase of seven percent (7%) These new rates go into effect on October 1, 2002. Recommend approval of Ordinance No. 39-02 on first reading. If passed, a pubhc heanng will be scheduled for September 17, 2002. Ref'Agmemol 40rd 39-02 Water Increase 09-03-02 ORDINANCE NO. 39-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR INCREASED RESIDENTIAL, NONRESIDENTIAL AND IRRIGATION RATES FOR FY 2003; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of water services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 52, "Water", Section 52.34, "Water Rates", subsection 52.34(B), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (B) Monthly rates. The monthly rates (except for fire hydrants as set forth in Sec. 52.03) for water furnished by the water facilities or plant of the City to customers within and outside the corporate limits of the City, which unless otherwise indicated shall include the appropriate customer charges, capacity charges, and commodity charges for all customers, are fixed as shown in the following schedule: Residential Customer charge (per meter) Inside City Outside City $ ~ 1 50 $ ~ 7= 1.88 Capacity charge (charged to all customers, per residential dwelling unit) 9.00 10.59 11.25 Commodity charge (all metered consumption-per 1,000 gallons) Zero to 3,000 gallons 4,000 to 20,000 gallons 21,000 to 35,000 gallons 36,000 to 50,000 gallons Above 50,000 gallons 1.16 1.24 ~ 1.55 1.27 1.36 1.59 1.70 &-=4~ 1.50 1.75 1.88 1.52 1.63 1.90 2.04 ~ 1.86 2.17 2.33 Nonresidential and Irri~ation Customer charge (per meter) 1.50 $ 1.75 1.88 Capacity charge (based upon meter size): 3/4-inch meter 1-inch meter 1-1/2-inch meter 2-inch meter 3-inch meter 4-inch meter 6-inch meter 8-inch meter 10-inch meter no 09 1,06~.76 1,139 9 O0 15 01 29 95 47 95 104 96 188 89 419 719 17.5~ ~c ~ 59 ~ c~ 131 220.67 236 77 ann ~n 524 53 844~B~ 899 29 ~ ~n nc 1 424 11 25 18 76 37 44 94 20 11 71 41 11 Commodity charge (all metered consumption-per 1,000 gallons) 1.27 1.36 1.59 1.70 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 Ord. No. 39-02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGERy~ AGENDA ITEM #'----\~0'~. REGULAR MEETING OF SEPTEMBER 17. 2002 ORDINANCE NO. 40-02 (AMENDING CHAPTER 55 "SANITARY SEWERS") SEPTEMBER 13, 2002 This ordinance is before Commission for second reading and public heating to amend Chapter 53 "Sanitary Sewers", of the Code of Ordinances by modifying Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge" to provide for a rate increase of seven percent (7%) in the capacity and commodity charges. These new rates go into effect on October 1, 2002. At the first reading on September 3, 2002, the City Commission unanimously approved this ordinance. Recommend approval of Ordinance No. 40-02 on second and final reading. S:\Caty Clerk\chevelle folder\agenda memos. OM 40.02SexverIncrease.09.17.0Zdoc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS AGENDA ITEM # I'~ Q~. REGULAR MEETING OF SEPTEMBER 3, 2002 ORDINANCE NO. 40-02 (AMENDING CHAPTER 53 "SANITARY SEWERS") AUGUST 30, 2002 This ordinance is before the City Commission to amend Chapter 53 "Sanitary Sewers" of the Code of Ordinances by modifying Secuon 53.130, "User Charges: Wholesale Sewer Rates; Calculation of Sewer Surcharge" to provide for a rate increase of seven percent (7%) in the capacity and commodity charges. These new rates go into effect October 1, 2002. Recommend approval of Ordinance No. 40-02 on first reading. scheduled for September 17, 2002. If passed, a public hearing will be Ref Agmemol40rd 40-02 Sewer Increase 09-03-02 ORDINANCE NO. 40-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DRI.RAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2003; PROVIDING A GENERAL REPEAI.F.R CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of sewer services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DF.I.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", subsection 53.130(D), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (12)) The following rates and charges shall be collected from the users of the City sewerage system: (1) Residential dwelling units. A monthly sanitary sewer service charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Residential Inside City Outside City (a)Capacity charge (per residential dwelling unit): 10.23 10.95 12.7°,, 13.69 (b)Commodity charge (based on metered water with maximum of 12,000 gallons): City (per 1,000 gallons) 1.33 1.66 (c) South Central Regional Wastewater Treatment and Disposal Board (per 1,000 gallons) 0.73 .-~ 0.91 NOTES: Where no water service is provided and the user is connected to the sanitary sewer system, the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition to the capacity charges as set forth above. Where no water service is provided and the user is not connected to the sanitary sewer system, and sewer service is avoi!~ble for connection, there will be a capacity charge as set forth above. (2) Nonresidential/commercial units. A monthly sanitary sewer service charge is imposed upon each commercial and nonresidential unit to which sanitary sewage service is awihble through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Nonresidential/Commercial Inside City Outside City (a)Capadty charge (per meter): 3/4-inch meter $19.23 10.95 $12.7g 13.69 1-inch meter ~-~ao., .,,,, 1828, ....,,,,'~e 2285. 1-1/2 inch meter &4:04 36.42 ~ 45.53 2-inch meter ,,eA.. ~o.v 58.29 ,,,,t°..~ ~. 72 .89 3-inchmeter 119.27 127.62 I~.9.99 159.53 4-inch meter ~ 229.64 2,5°-,.2g 287.05 6-inch meter 4-76a-98 510.37 59.5.23 637.96 8-inch meter o4 o ~-~ 875.60 ~ n,~,~ ~ ....... , ...... 1.094.50 lO-inch meter ~ ~n~-~ 1,386.41 ~ r_~n ~a 1.733.01 (b)Commodity charge: City (per 1,000 gallons) 4-:g4 1,}3 1.55 1.66 2 Ord. No. 40-02 South Central Regional Wastewater Treatment and Disposal Board (per 1,000 gallons) 0.73 0.73 n,,., n~ 0.91 NOTE (1): For those nonresidential/commercial units where water sercice is not available, and the user is connected to the sanitary sewer system or sewer service is available the capacity charge will be set forth above. The commodity charge shall be based on the average usage for the type of business or nonresidential use. NOTE (2): The capadty charge set forth in this section shall be due and payable each and every month, regardless of whether or not the water service is available or the water meter is actually turned on or off and without regard to usage or occupancy. (3) Sewerage flow determination. The number of gallons of monthly sewerage flow for residential and nonresidential/commercial units shall be based upon the water usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a separate meter to measure the actual sewerage flow from the subject unit. A separate meter may be used to measure actual sewerage flow for the calculation of charges only when the location, installation, and type of meter have been approved by the City Manager or his designee. (4) When effective. The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineer, and accepted by the City. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective on October 1, 2002. 3 Ord. No. 40-02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~/l~I .A. GENDA ITEM # I (~ ~. REGULAR MEETING OF SEPTEMBER 17, 2002 ORDINANCE NO. 43-02 (AMENDING CHAPTER 35. "EMPLOYEE POLICIES AND BENEFITS") SEPTEMBER 13, 2002 This ordinance is before Commission for second reading and public hearing amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by enacting Subsection (M), "Early Retirement Incentive" to establish an early retirement incentive program for eligible employees. At the first reading on September 3, 2002, the City Commission unanimously approved this ordinance. We expect to have the actuarial report before Tuesday evening. If we do not, the second reading will have to be postponed until October 1, 2002. Recommend approval of Ordinance No. 43-02 on second and final reading. S:\City Clerk\chevelle folder\agenda memo. Ord 43.0Z09.17.02.doc [ITY OF DELRflY BEI1[H CITY ATTORNEY'S OFFICE 1993 TO: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM August 30, 2002 City Commission David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Early Retirement Incentive The General Employees Retirement Plan currently provides for early retirement at age 55 with at least 15 years of credited or 20 years service regardless of age with a 5 percent deduction per year, to account for the actuarial impact of the early retirement. The plan also provides for a normal retirement for those employees who reach 60 years of age and have up to a maximum of 30 years of credited service, or those employees who attain 30 years of credited service regardless of age, without an actuarial reduction. The proposed ordinance provides for an early retirement incentive for those participants that are 100% vested (i.e. 10 or more years of service) and within two years of the normal retirement date (i.e. 58 years of age or those with 28 or more years of service). This benefit will not have the actuarial reduction that is part of the early retirement program. The benefit shall be calculated as a normal retirement but shall be based on the credited service and final monthly compensation as of the last date of employment. Those persons who enter or have entered the Deferred Retirement Option Plan (DROP) are not eligible. Please place consideration. second reading. on the September 3, 2002 agenda for City Commission The actuarial impact statement needs to be performed prior to Please call if you have any questions. SAR:sm~ cc: Joseph Safford, Finance Director Milena Walinski, Assistant Finance Director Jeff Keating, Chairman of General Employees Pension Plan Members, General Employees Pension Plan Tom Lynch ORDINANCE NO. 43-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY CREATING A NEW SUBSECTION (M), "EARLY RETIREMENT INCENTIVE", IN SECTION 35.097; ESTABLISHING AN EARLY RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYEES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to amend the General Employees' Retirement Plan to allow an incentive for early retirement. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by creating a new subsection (M), "Early Retirement Incentive", of Section 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", to read as follows: Section 35.097 RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT. (M) EARLY RETIREMENT INCENTIVE. (1) Effective October 1, 2002, an early retirement incentive program shall be provided in accordance with this section. The availability of the early retirement incentive in any plan year shall be determined by the City. The City shall provide all eligible employees with at least thirty (30) days advance notice that the early retirement incentive will be offered. The early retirement incentive program shall be voluntary for all eligible employees. (2) Employees who are 100% vested and within two (2) years of their earliest normal retirement date at the beginning of the plan year in which the early retirement incentive is offered shall be eligible for the early retirement incentive. In any plan year in which the early retirement incentive is offered, eligible employees shall be given an opportunity to elect the early retirement incentive within six _ty (60) days following receipt of notice that the early retirement incentive is being offered. The employee's election shall be made in writing on a form provided by the City, and shall be irrevocable. (3) Eligible employees who elect the early retirement incentive shall have their retirement benefit calculated in accordance with Section 35.097(A), based on credited service and final monthly compensation as of the last day of employment. There shall be no actuarial reduction as defined in Section 35.097(B)(2). Employees who elect the early retirement incentive shall immediately retire and terminate City employment. (4) An employee who elects to receive the early retirement incentive under this subsection cannot also participate in the Deferred Retirement Option Plan under Section 35.110. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not operate to invalidate the remainder hereof. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading, except as to plan participants who are covered under a collective bargaining agreement. This ordinance shall become effective as to the excluded employees immediately upon the date of ratification and execution of a collective bargaining agreement or memorandum of understanding that includes the provisions of this ordinance. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,2002. ATTEST: MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 43-02 TO: THRU: FROM: SUBJECT: DAVID T. H~~CI~G~ER PAUL DORLING, DIRECTOI~ PLANNING AND~,~I.~ CONSIDERATION OF AN AMENDMENT TO THE CF ZONING DISTRICT REGULATIONS RELATING TO OPEN SPACE REQUIREMENTS WITHIN THE WEST ATLANTIC AVENUE REDEVELOPMENT AREA. The proposal is to amend the CF zoning district regulations to allow 10% of open space for CF zoned properties within the West Atlantic Avenue Redevelopment Area where 25% is currently required. In May of 1995, an amendment to the CBD (Central Business District) regulations reduced the 25% open space requirement for the district to 10% and eliminated open space requirements for properties within one block of East Atlantic Avenue. In 1995, in response to the recommendations outlined in the West Atlantic Avenue Redevelopment Plan, the open space requirement in the GC zoning district within the West Atlantic Overlay District was reduced to 10%. With this amendment, all landscape requirements for parking lots and proper buffering of residential areas will still apply. Those requirements ensure proper buffering of residential areas, while permitting property owners to create pedestrian plazas and outdoor dining areas in place of landscape areas. Also, the proposed language states that the body acting upon a development application may require that open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. This change is also supported by the West Atlantic Redevelopment Plan and the recently adopted Downtown Master Plan. Given the above, it appears appropriate to make this change. Additional background and an analysis are found in the attached Planning and Zoning Board staff report. Planning and Zoning Board: The Planning and Zoning Board held a public hearing regarding this item at its meeting of August 19, 2002. There was no public testimony regarding the proposal. After discussing the amendment, the Board voted 6-0 (Randolph absent) to recommend to the City Commission approval of the amendment to LDR Sections 4.4.21(H) and 4.3.4(K) (Development Matrix), based upon positive findings with LDR Section 2.4.5(M)(5). Community Redevelopment Agency: At its meeting of August 8, 2002, the CRA reviewed and recommended approval of the proposed LDR text amendment with the condition that the Site Plan Review and Appearance Board (SPRAB) retain the ability to require additional landscaping where necessary. Downtown Development Authority (DDA): At its meeting of August 21, 2002, the DDA reviewed and recommended approval of the proposed text amendment. West Atlantic Avenue Redevelopment Coalition (WARC): At its meeting of September 11, 2002, the WARC reviewed and recommended approval of the proposed LDR text amendment. By motion, approve on first reading the text amendment to the Land Development Regulations Sections 4.4.21(H) and 4.3.4(K) (Development Matrix), based upon positive findings with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan, and setting a public hearing date of October 1, 2002. /(¢') ~' Iv Attachments: Planning & Zoning Board Staff Report of August 19, 2002 & Ordinance No. 44-02 ORDINANCE NO. 44-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BE, ACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION (I-l), "SPECIAL REGULATIONS", BY ADDING A NEW PARAGRAPH 0) TO PROVIDE FOR A MINIMUM OF 10% NON-VEHICULAR OPEN SPACE FOR CF ZONED PROPERTIES IN THE WEST ATLANTIC AVENUE REDEVRI.OPMENT AREA; AND BY AMENDING SECTION 4.3.4(K), "DEVELOPMENT MATRIX", TO ADD SETBACK AND OPEN SPACE REQUIREMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 19, and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AS FOIJ.OWS: Section 1. That Section 4.4.21, "Community Facilities (CF) District", Subsection (I-I), "Special Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by adding a new Paragraph (3) to read as follows: Section 4.4.21 Community Facilities (CF) District (H) Special Regulations: (3) For CF zoned properties located within the West Atlantic Avenue Redevelopment Area. a minimum of 10% non-vehicular open space shall be provided. Notwithstanding the ~ovisions of this section, the body acting upon a development application may require additional open areas, including but not limited to courtyards, plazas, and landscaped setbacks, in order to add interest and provide r~lief from thc building mass. All landscape requirements for parking 10ts and buffering of residential properties, puzsuant to Sections 4.6.5 and 4.6.16. shall apply. Section 2. That Section 4.3.4(K), "Development Standards Matrix" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by amending the "OTHER" column of the Development Standards Matrix relating to the Community Facilities (CF) zoning district to read as follows: Refer to Section 4.4.21~ for additional setback and open space requirements. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ~ 2002. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 44-02 MEETING OF: AGENDA ITEM: PLANNINGANDZONING BOARD "' MEMORADUMSTAFF REPORT AUGUST 19, 2002 IV.F. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO THE CF (COMMUNITY FACILITIES) ZONING DISTRICT RELATING TO OPEN SPACE REQUIREMENTS FOR PROPERTIES LOCATED WITHIN THE WEST ATLANTIC AVENUE REDEVELOPMENT AREA. The item before the Board is that of making a recommendation to the City Commission on an LDR text amendment to the CF (Community Facilities) zoning district relating to open space requirements for properties within the West Atlantic Avenue Redevelopment Area. Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The Comprehensive Plan calls for the preparation of redevelopment plans in certain areas of the city where blighted conditions exist. The West Atlantic Avenue Redevelopment Plan covers the West Atlantic Avenue Corridor including the area one block north and south of West Atlantic Avenue, between 1-95 and Swinton Avenue; and the 100 Block of NW 5th Avenue (between NW 1st Street and Martin Luther King Jr. Drive/NW 2"d St.). The Plan was adopted by the City in 1995 and amended in 1998 and 2000. The West Atlantic Avenue Oveday District, which was created to implement recommendations contained in the Redevelopment Plan, required a number of text amendments to the Land Development Regulations. Processing of those amendments began immediately following adoption of the Redevelopment Plan and was approved by the City Commission on December 5, 1995. In 2000, the second amendment to the Redevelopment Plan identified two text amendments, which were recommended in the original Redevelopment Plan but were not processed. The amended Redevelopment Plan again recommended that these changes be made, which related to requiring all drive-through facilities as a conditional use and reducing the front setback to 5' for properties fronting on NW and SW 5th Avenues. An additional change recommended with the amended Redevelopment Plan IV.F. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment- CF Zoning District Open Space Requirement Page 2 dealt with the modification to the parking requirements relating to hotels and motels. These LDR amendments were approved by the City Commission on October 16, 2001. The current proposal is to amend the CF zoning district regulations to allow a 10% open space requirement for CF zoned properties within the West Atlantic Avenue Redevelopment Area. The definitions in the Land Development Regulations refer to open space as landscape area only. In May of 1995, an amendment to the CBD (Central Business District) regulations reduced the 25% open space requirement for the district to 10% and eliminated open space requirements for properties within one block of East Atlantic Avenue, between Swinton Avenue and the Intracoastal Waterway. In 1995, in response to the recommendations outlined in the West Atlantic Avenue Redevelopment Plan the open space requirement in the West Atlantic Overlay of the GC zoning district was reduced to 10%. Given this amendment, the majority of the properties in the West Atlantic Avenue Redevelopment Area now have a minimum 10% open space requirement. The few exceptions are the CF zoned properties within the first blocks of West Atlantic Avenue. As the intent of applying the 10% open space was to promote redevelopment in the urban core, it appears appropriate to apply the 10% requirement throughout the West Atlantic Avenue corridor. This amendment will effect the open space requirement only and all landscape requirements for parking lots and proper buffering of residential areas will still apply. Those requirements ensure proper buffering of residential areas, while permitting property owners to create pedestrian plazas and outdoor dining areas in place of landscape areas, in addition, the proposed amendment will include language which will allow the body acting upon a development application to require additional open areas, including but not limited to courtyards, plazas, and landscaped setbacks, in order to add interest and provide relief from the building mass. Based upon the above, it is appropriate to apply the same open space requirement for CF zoned properties within the West Atlantic Avenue Redevelopment Area. Further, a recommendation of the Downtown Delray Beach Master Plan is to create an attractive public plaza adjacent to the Fire Station Headquarters (zoned CF) at the northwest corner of Atlantic Avenue and NW 5t~ Avenue. This reduction of landscape area to accommodate hardscape may reduce the open space requirement below the 25%. Further, similar changes to other CF zoned properties in the overlay distdct (Courthouse, Tennis Center)to accommodate recommendations of the Downtown Delray Beach Master Plan, such as public plazas and/or public art or a parking garage adjacent to the courthouse, would result in a similar problem. Thus, it is appropriate for all properties along Atlantic Avenue east of 1-95 to have the same open space requirement to better accommodate recommendations of the Downtown Delray Beach Master Plan and West Atlantic Avenue Redevelopment Plan. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment- CF Zoning District Open Space Requirement Page 3 In addition to the proposed changes, the development matrix of Section 4.3.4(K) is being amended to reference the CF regulations for additional setback and open space requirements. REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Regulations, Findincls: In addition to the provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was noted: Future Land Use Element Policy C-1.5: The following pertains to the Atlantic Avenue Redevelopment Area: ... The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission July 11, 1995. The plan establishes Future Land Use Map Designations, zonings, special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan .... Future Land Use Element Policy C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corddor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Deiray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The proposed amendments are consistent with the recommendations in the West Atlantic Avenue Redevelopment Plan for special development standards for the Oveday District to promote redevelopment of the corridor in accordance with guidelines established by the community during the "Visioning" process and refined by the Visions West Atlantic Steering Committee. These recommendations are also consistent with citizens' vision and recommendations outlined in the Downtown Delray Beach Master Plan. The amendments will ensure that future development is in accordance with the reference plans. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment- CF Zoning District Open Space Requirement Page 4 Community Redevelopment Agency: The proposed amendment was reviewed by the CRA on August 8, 2002. The Board recommended approval with the condition that the Site Plan Review and Appearance Board (SPRAB) retain the ability to require additional landscaping where necessary. West Atlantic Avenue Redevelopment Coalition 0NARC): The proposed amendment will be reviewed by the WARC at its meeting of September 11, 2002. Their recommendation will be forwarded to the City Commission. Downtown Development Authority (DDA): The proposed amendment will be reviewed by the DDA at its meeting of August 21, 2002. Their recommendation will be forwarded to the City Commission. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Recommend approval of the proposed amendments. 3. Recommend denial of the proposed amendment, in whole or in part. Recommend to the City Commission approval of the attached amendment to LDR Section 4.4.21(H) and Section 4.3.4(K) (Development Matrix), based upon positive findings with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. TO: FROM: SUBJECT: DT;~cHARD E N, C ITY MAN AG ER ' TOR OF PLANNING AND ZONING MEETING OF SEPTEMBER 17, 2002 CONSIDERATION OF AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REGARDING DRUG PARAPHERNALIA. This amendment involves two sections of the LDR's, Section 4.3.2 (C) (3) and Section 4.3.3 (DD). Section 4.3.2 is being modified to add those uses prohibited by State law or City ordinance to uses which are prohibited in the LDR's. The modifications to Section 4.3.3 (DD) adds a new section to "Special Requirements for Specific Uses" by adding "Drug Paraphernalia" along with a reference to it being unlawful to sell or offer for sale drug paraphernalia or operate a business which primarily sells drug paraphernalia. The section also provides for exemptions for those authorized by law to manufacture, possess or distribute such items and for any item traditionally intended for use with tobacco products. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The Planning and Zoning Board considered the amendment at their August 19, 2002 meeting and no one from the public spoke. The Board unanimously recommended approval on a 6-0 (Dwayne Randolph absent) vote. By motion, approve the amendments to the Land Development Regulations Section 4.3.2 (C)(3) and 4.3.3(DD) relating to prohibited uses and the sale of drug paraphernalia based upon positive findings with LDR Section 2.4.5(M). Attachment: Proposed Ordinance ORDINANCE NO. 45-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAYBEACH, FLORIDA AMENDING CHAPTER FOUR, "ZONING REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.2, "DETERMINING USE," SUBSECTION 4.3.2 (Q(3), "PROHIBITED USES," BY PROHIBITING USES NOT ALLOWED PURSUANT TO FLORIDA STATE STATUTES; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUBSECTION 4.3.3 (DD), "DRUG PARAPHERNALIA", TO PROVIDE FOR THE PROHIBITION OF THE SALE OF DRUG PARAPHERNALIA AND THE OPERATION OF DRUG PARAPHERNALIA BUSINESSES; PROVIDING A SAVINGS CI.AUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida has become very concerned about the increased use of illegal drugs and controlled substances within the City;, and WHEREAS, the sale of drug paraphernalia contributes to an atmosphere of community acceptance of illegal use of controlled substances; and WHEREAS, the City Commission finds that k is in the best interest of the health, safety and welfare, of the citizens of the Cityto restrict access to such drag paraphernalia. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1: That Chapter Four, "Zoning Regulations", of the I_and Developmem Regulations of the City of Delray Beach, Florida, Section 4.3.2, "Determining Use", Subsection 4.3.2(C)(3) be, and the same is hereby amended to read as follows: Uses Not Listed: In most instances it is clear that a specific use is allowable under a use category (i.e. the specific use of "sale of clothing directly to a consumer" is allowed under the category of "general retail sales"). Some specific uses (e.g. sale of automobiles) involve a special product which is identified as such within these regulations and hence are allowed only as listed. However, in some cases, it may be necessary to have an interpretation made to determine whether or not a use is allowable. In such cases, the following applies: (1) Interpretation By Directon In situations where a specific use is not listed in examples provided under a type, the Director may determine that a specific use is allowable on the basis that it is identical to uses listed in the examples. The Director shall maintain a list of such determinations. Determination of Similarity of Use: In situations where the Director finds that the requested use is not identical but has similar characteristics to allowable uses or when the use is of a specific nature (e.g. automobile sales) and is listed as a specific use in another zone district, the use may be established within a specific zone district by action of the Planning and Zoning Board in authorizing k through a determination of similarity of use. Prohibited Uses: When a use is prohibited by State hw or by City Ordinance or when such use is not expressly included or expressly allowed by application of Subsection 4.3.2(c) (1) or (2), then it shall be considered a prohibited use and not allowed within the Zoning District. Section 2. That Chapter Four, "Zoning Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, Section 4.3.3, "Special Requirements for Specific Uses", be, and the same is hereby amended by enacting Subsection 4.3.3 (DD), "Drug Paraphernalia" to read as follows: ODD) Drug Paraphemalia (as defined bySection 893.145 Fla. Stat.): (1) General: It shall be unlawful for any person to sell or offer for sale drug paraphernalia or to operate a business which primarily sells drug paraphernalia. (a) Exemptions: This section shall not applyto: Any person authorized by local, State, or Federal hw to manufacture, possess, or distribute such items, or Any item that, in the normal hwful course of business is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accesso .ry. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competem jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 2 ORD. NO. 45-02 Section 4. That all ordinances or pasts of ordinances in conflict herewith, be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of ,2002. MAYOR ATFEST: City Clerk First Reading Second Reading. 3 ORD. NO. 45-02 [IT¥ DF I:IELRrI¥ BERTH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Wnter's Direct Line: 561/243-?090 MEMORANDUM September 4, 2002 David T. Harden, City Manager Mayor and Commissioners Terrill Pyburn, Assistant City Attorney ~ Proposed Fire-Rescue Department Ordinance This proposed Ordinance regarding the Fire - Rescue Department is simply amending our current Code of Ordinances and Land Development Regulations by changing the name of the Fire Department to Fire - Rescue Department in order to more accurately reflect the duties and responsibilities of the Fire Department. Please place this matter on the September 17, 2002 City Commission Agenda for consideration. Please let me know if you have any questions. Thank you. CC: Barbara Garito, City Clerk Susan Ruby, City Attorney Paul Dorling, Director of Planning and Zoning Kerry Koen, Fire - Rescue Chief ORDINANCE NO. 46-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", BY AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS," SECTIONS 33.20- 33.67 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE-RESCUE DEPARTMENT'' IN ORDER TO REFLECT THE WORK PERFORMED; AMENDING TITLE IX, "GENERAL REGULATIONS", BY AMENDING CHAPTER 96, "GENERAL PROVISIONS", SECTIONS 96.01-96.98 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE- RESCUE DEPARTMENT'' IN ORDER TO REFLECT THE WORK PERFORMED; AMENDING CHAPTER 7, "BUILDING REGULATIONS", ARTICLE 7.8, "UNSAFE BUII.DINGS OR STRUCTURES", SECTIONS 7.8.6-7.8.8 TO CHANGE THE TERM "FIRE DEPARTMENT'' TO "FIRE- RESCUE DEPARTMENT''; PROVIDING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to have the rifle of the Fire-Rescue Depa~uxient accurately reflected in the Code of Ordinances and Land Development Regulations of the City of Delray Beach, Florida NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration," Chapter 33, "Police and Fire Depailments", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: FIRE-RESCUE DEPARTMENT Section 33.20 ESTABLISHMENT. A depaxtment to be known and designated as the Fire-Rescue Depati~,ent is created for the City. Section 33.21 POWERS, DUTIES OF DEPARTMENT. The Fire-Rescue Department shall have control and management of all fires and emergency medical services within the limits of the City. It shall be unlawful for any person to interfere with any Fire-Rescue Depatunent personnel by means of a physical act with the intent to hinder said Fire-Rescue Depatiment personnel in the performance of his duties. Section 33.22 NONAUTHORIZED PERSONNEL PROHIBITED FROM RIDING ON APPARATUS. No person other than regular or volunteer firefighters shall be allowed to ride upon any of the apparatus of the Fire-Rescue Depaxtment except with the permission of the Chief of the Fire-Rescue Depatlment. OLD AGE AND SURVIVORS' INSURANCE Section 33235 EXTENDED TO EMPLOYEES DEPARTMENT AND POLICE DEPARTMENT. OF FIRE-RESCUE It is declared to be the policy and purpose of the City to extend, effective January 1, 1958, to employees and officials thereof in the position of fireftghter or police officer and not excluded by law nor excepted herein, the benefits of the system of Old Age and Survivors' Insurance as authorized by the Federal Social Security Act and amendments thereto, and by F.S. Chapter 650, as amended; and to cover by that plan all of their services which constitute employment as defined in F.S. Section 650.02, performed in the employ of the City. PENSIONS Section 33.60 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. "ACTUARIAL EQUIVALENCE" or "ACTUARBLIY EQUIVALENT". This term shall mean that any benefit payable under the terms of the pension fund in a form other than the normal retirement pension shall have the same actuarial present value on the date payment commences as the normal retirement pension. For purposes of establishing the actuarial present value of any form of payment, all furore payments shall be discounted for interest and mortality by using 7% interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five years in the case of disability retirees. "AGREEMENT". The written instrument setting forth the provisions of the retirement system. 2 ORD. NO. 46-02 ~AVERAGE MONTHLY EARNINGS". One thirty-sixth of the arithmetical average for the highest consecutive 36-month period preceding the actual retirement or termination of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consecutive 24-month period, as calculated prior to the effective date of this ordinance. "BENEFICIARY~'. The person entitled to receive benefits hereunder at the death of a member who has been designated in writing by the member and filed with the Board of Trustees. If no designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. ~'BOARD". The Board of Trustees which shall administer and manage the system herein provided and serve as Trustee of the Trust Fund. '~CONTINUOUS SERVICE". (1) Uninterrupted service by a member (expressed as years and completed months) from the date he last entered employment as an employee until the date his employment is terminated by death, disability, retirement, resignation or discharge. (2) However, the continuous service of any member shall not be deemed to be interrupted by: (a) Any authorized leave of absence or vacation, provided all members similarly situated in similar circumstances shall be treated alike pursuant to uniform, nondiscriminatory rules. No credit for benefit eligibility for computation purposes under the system shall be allowed for any such period of leave of absence. (b) Any service, whether voluntary or involuntary, in the amaed forces of the Untied States, provided the member is legally entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 and any amendments thereto, or any law applicable to such reemployment, and provide that a member shall apply for reemployment within three months following termination of such service, or as otherwise allowed by the Uniformed Services Employment and Reemployment Rights Action of 1994, and any amendments thereto. Nothing aforementioned shall serve to reduce the accrued accredited services of the members on the effective date of the phn. (3) Continuous service shall also include, for reemployed members, those years and completed months for which the reemployed member had withdrawn his contributions to the Trust Fund, where the reemployed member repays into the Fund the 3 ORD. NO. 46-02 contributions he had withdrawn, with interest based upon the plan's annual total rate of return for the pension funds, as computed by the actuaries or the City, for those years and completed months, within 90 days after his reemployment date. A reemployed member may also repay only a portion of the withdrawn funds with interest and receive a like credit for continuous service; however, repayments, whether partial or total, shall only be permitted once within the 90-day limit. "EARNINGS". Basic wages paid to a member, excluding overtime, bonuses and any other non-regular payments. "EFFECTIVE DATE". April 22, 1974. "EMPLOYEE". All employees of the City classified as full-time sworn police officers, as defined on the effective date in F.S. Sect. 185.02, or classified as police officers in training, or classified as volunteer or regular full-time firefighters, as defined on the effective date in F.S. Sect. 175.032, but shall exclude all civilian members of the Police and Fire: Rescue Deparunents, and the Police Chief and Fire-Rescue Chief upon their written election not to participate in the system. UFUND". The Trust Fund established herein as part of the system. "MEMBER". An employee who fulfills the prescribed participation requirements. "SPOUSE". The lawful wife or husband of a member at time of retirement and death. "SYSTEM". The City Police and Firefighters Retirement System as contained herein and all amendments thereto. Section 33.67 OTHER PROVISIONS. (A) Discharged members. Members entitled to a pension shall not forfeit the same upon dismissal from the depamnent, but shall be retired as herein described. (B) Recovery from disability. In the event a member who has been retired on a disability benefit regains his health and is able to perform his duties in the Police Depaximent or Fire-Rescue Depaximent, the Board of Trustees shall require the member to resume employment with the respective department and discontinue the pension; provided that if a member shall after resuming his position pay into the Fund an amount equal to the aggregate contributions plus interest at a rate to be determined by the Board (computed upon his annual earnings at the time of his disability retirement) he would have been required to make hereunder, as determined by the Board, during the period of his disability 4 ORD. NO. 46-02 retirement had he not been retired, the member shall receive creditable service for the period of disability retirement. In any event, a member shall retain credit for the period of continuous service prior to the date of disability. (C) Nonassignability. No benefit provided for herein shall be assignable or subject to garnishment for debt or for other legal process. (D) Duration of benefits. Benefits granted to members shall be paid to them for life and shall not be revoked nor in any way diminished except as provided in this subchapter and the payments of the member to this Fund shall cease upon his retirement and acceptance of a benefit or thirty (30) years of continuous service or termination. (E) Pension validity. The Board of Trustees shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently, or illegally for any reason. The Board is empowered to purge the pension rolls of any person heretofore granted a pension under prior or existing law or hereafter granted under this subchapter if the same is found to be erroneous, fraudulent, or illegal for any reason; and to reclassify any pensioner who has heretofore under any prior or existing law, or who shall hereafter under this subchapter be erroneously, improperly or illegally classified. (17) Incompetents. If any member or beneficiary is a minor or is, in the judgment of the Board, otherwise incapable of personally receiving and giving a valid receipt for any payment due him under the system, the Board may, unless and until claims shall have been made by a duly appointed guardian or committee of that person, make the payment or any part thereof to the person's spouse, children or other person deemed by the Board to have incurred expenses or assumed responsibility for the expenses of that person. Any payment so made shall be a complete discharge of any liability under the system for the payment. (G) Miscell,.aneous pzovisions. (1) The Board will furnish the actuary with all data required for necessary actuarial computations under the phn. (2) No payment or any benefit, contribution or other sum which would constitute a violation of any applicable wage control law shall be made hereunder. (3) The benefits for any person who was a member under F.S. Chapters 175 and 185, mediately prior to the effective date of this subchapter, shall not be less than those which he would have received under the plan prior to the effective date based on his rate of earnings in effect as of the effective date. 5 ORD. NO. 46-02 Section 2. That Tire IX, "General Regulations," Chapter 96, "General Provisions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: GENERAL PROVISIONS Section 96.01 PERMITS REQUIRED FOR NEW MATERIALS, PROCESSES OR OCCUPANCIES. The City Manager, the Chief of the Fire-Rescue Depaxtixxent, and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an oppommity to be heard, any new materials, processes or occupandes, which shall require permits, in addition to those now enumerated in the code. The Chief of the Bureau of Fire Prevention shall post that list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section 96.02 INSPECTIONS REQUIRED. All owners or occupants of buildings are required to permit the Chief of the Fire: Rescue Depathnent, or his designee, to inspect or to have inspected, their buildings or premises to see that this chapter is complied with, and it is made the duty of the Chief of the Fire-Rescue Department, or his designee, to make or cause to be made an inspection whenever and wherever he may suspect a violation of this chapter. Section 96.03 ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUEFIED PETROLEUM GASES TO BE RESTRICTED. The limits referred to in Section 21.6 of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, shall be in accordance with the zoning ordinances. Section 96.04 OPEN BURNING. (A) It shall be unlawful to have any open burning within the city limits on public or private property except for fire training purposes or recreational or ceremonial occasions for which written permits from the Fire-Rescue Depaxement are required. (B) No permits will be issued for any open burning on the public beach. (C) Open burning means any outdoor fire or open combustion of material excepting barbecuing. 6 ORD. NO. 46-02 (12)) Any person who violates these provisions and the owner of the land who allows these violations shall be guilty of a violation. (E) The prohibition of open burning contained in subsection (A) above shall not apply to the use of air curtain incinerations, provided that such air curtain incinerator process has received all of the necessary and applicable permits from other governmental regulatory agencies with such jurisdiction, and further subject to the express approval of the Chief of the Fire-Rescue Department as to the issue of overall safety of the property and neighboring properties for the use of such a procedure. Section 96.05 NIRE HYDRANTS. (A) All fire hydrants shall be placed in a position so as to be accessible at all times from a paved road no less than 24 feet in width. (B) Fire hydrant spacing shall be in accordance with the following: (1) In single family and duplex residential districts, not more than 500 feet between hydrants. (2) In multi-family residential districts (townhouses, garden apatuixents, cluster developments and the like, and similar buildings two stories or less in height), not more than 400 feet between hydrants. (3) In multi-family residential districts with buildings more than two stores in height, all commercial districts, all business districts, all industrial districts, and special hazard applications, not more than 300 feet between hydrants. (4) Areas with divided or multi-lane road systems should have hydrant distribution on both sides of the highway, with curb and median cuts considered, utilizing spacing criteria listed above when existing and proposed parallel mains will support this criteria. (5) Measurement of spacing shall be by way of road travel. (C) No object, structure, planting or obstruction of any kind shall be permitted within a five-foot radius of any fire hydrant or Fire-Rescue Depaxunent connection. A three-foot wide opening, free of all obstructions, shall be maintained at all times. Section 96.06 APPEALS. 7 ORD. NO. 46-02 Whenever the Chief of the Fire-Rescue Depaitment shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire-R¢~¢ue Depa~u~ent to the board of Adjusmaent within thirty (30) days from the date of the derision appealed. Section 96.07 EXEMPTIONS. (A) The Chief of the Fire-Rescue Depaxtment or the Chief of the Bureau of Fire Prevention shall have the power to modify any of the provisions of the fire code other than the provisions of any state minimum codes under the following circumstances: (1) A written application has been sent to the fire official by the owner or the authorized agent of the owner demonstrating either of the following: (a) That there are practical difficulties which prevent strict adherence to the code requirements and that the requested modification to the code requirements is in keeping with the spirit of the code and shall not jeopardize public safety. (b) That a change to an existing code imposing a new requirement on existing structures placed a previously conforming structure in violation of the code; that the requirement in question would necessitate the installation of a sprinkler system or a structural alteration to the building other than a change in a window, door or locking device, or the necessity for more than minor holes; that the new requirement does not result specifically from a change in the use of the structure; that the granting of the exemption does not pose a hazard to the public or to the occupants of the structure; that the owner agrees to post any notices required by the Fire-Rescue Department warning the public or the occupants of the noncompliance; and that further the owner's decision not to comply with the retroactive code provision. This exemption shall not be awihble in circumstances where the requirement to modify an existing building resulted from an alteration to the portion of the structure containing the nonconformity, or from repairs or alterations to the structure which exceed fifty percent (30%) of the assessed value of the structure. (2) The particuhrs of any modification or exemptions granted under this section shall be recorded in the files of the Fire-Rescue Depaxunent and a signed copy shall be provided to the applicant. (13) Modifications to state minimum codes shall be controlled by the provisions of those codes which set standards or conditions for granting exemptions to the minimum 8 ORD. NO. 46-02 Section 96.08 HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE; RECOVERY OF COST. Definitions: (1) "Cost". Those necessary and reasonable expenses incurred by the city in connection with investigating, mitigating, minimizing, removing or abating the release of hazardous substances and hazardous waste, including but not limited to the actual labor cost of city personnel or its agents; cost of equipment operation and rental; cost to prevent or minimize mitigation off-site; as well as the recovery of costs of any actions that the city may take in this regard out of the city's jurisdiction or off-site; and the cost of expendable items including, but not limited to, firefighting foam, chemical extinguishing agents, absorbent materials, sand, recovery drums, chemical protective clothing, gloves, and testing equipment. (2) "RELEASE". Any intentional or unintentional action or omission resulting in the release or substantial threat of a release, spillage, pumping, pouring, emitting, emptying or dumping of a hazardous substance or hazardous waste upon public or private property located within the corporate limits of the city. (3) "HAZARDOUS SUBSTANCE OR HAZARDOUS WASTE". Any substance or material in a quantity or foma, which in the determination of the F4~ Chief of the Fire-Rescue Department or his authorized designee, poses an unreasonable and imminent risk to the life, health, safety or wdfare of persons or property within the city including, but not limited to, those substances listed in the National Fire Protection Association's "Guide on Hazardous Materials", the EPA's list of "Extremely Hazardous Substances" or the "Florida Substance IASC', promulgated by the State Depaxmient of Labor and Security, or by C.R.C.L.A. in 40, C.F.A. 300.6. (4) "PERSON". One or more individuals, partnerships, corporations, joint ventures, associations or any other entities or any combination thereof. (B) Authority to initiate action: (1) The Fire-Rescue Depaxlment is hereby authorized to take or cause to be taken, such steps as may be necessary to clean up, remove or abate the effects of any hazardous substance or hazardous waste discharged or released upon or into public or private property or facilities located within the corporate limits of the city, and any actions associated therewith which occur off-site designed to mitigate a hazardous substance or hazardous waste release or discharge. 9 ORD. NO. 46-02 (2) Any person or persons responsible for causing or allowing a discharge or release of hazardous substance or hazardous waste that requires emergency action by the Fire-Rescue Depaxunent of the city or its authorized agents, in order to protect the health, safety or welfare, shall be strictly liable both jointly and severally to the city for the cost incurred by the city in the investigating, mitigating, minimizing, removing and abating any such discharge. (3) When responding to the emergency caused by the unauthorized discharge or release or hazardous substances or hazardous wastes, the Fire-Rescue Deparmient of the city shall keep a detailed record of the costs and expenses attributable thereto. (4) The authority to recover costs under this section shall not include costs incurred for actual fire suppression services or other services which are normally supplied by the city's Fire-Rescue Depamnent or its authorized agent. (C) Recovery of costs of hazardous substance and hazardous waste cleanup. (1) Any person or persons responsible for causing or allowing an unauthorized discharge or release of hazardous substances or hazardous waste shall reimburse the city for the full amount of all costs, as defined herein, associated with the investigation, mitigating, minimizing, removing or abating any such discharge or release within a period of thirty (30) days after receipt of an itemized bill for such cost from the dty. (2) Any person or persons responsible for causing or allowing an unauthorized discharge or release of hazardous substances or hazardous waste and who fails to reimburse the city within the time set forth in subsection (C)(1) hereof, shall be subject to a surcharge equal to $100 per day or ten percent (10%) of the total amount of the bill, whichever is greater, for each additional day that the bill for such cost remains unpaid. (3) The remedy provided for in this section shall be supplemental to, and in addition to, all other available remedies at law and equity. INST~.!.I-&TION OF FUEL TANKS Section 96.40 PERMIT REQUIRED. It shall be unlawful for any person to install, place, locate, bury, erect or maintain, or to aid or assist in the installation, placing, locating, burying, erecting or maintaining of any tank designed or intended to be used for the storage of any class I, II or III liquid, as defined and set forth in the Fire Prevention Code and the National Fire Code, and commonly used 10 ORD. NO. 46-02 for fuel, upon any property or premises within the city, unless there first be secured approval from the Fire-Rescue Depatmient and a written permit from the Building Depa~i~i~ent. BUREAU OF FIRE PREVENTION Section 96.55 ESTABLISHMENT; DUTIES. (A) The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire-Rescue Deparm~ent of the city which is established and which shall be operated under the supervision of the Chief of the Fire-Rescue Depaxunent. 03) The Chief in charge of the Bureau of Fire Prevention shall be appointed by Chief of the Fire-Rescue Dep0a~nent on the basis of examination to determine his qualifications. His appointment shall continue during good behavior and satisfactory service. (C) The Chief of the Fire-Rescue Department may detail those members of the Fire-Rescue Depatt~nent as inspectors as shall from time to time be necessary. The Chief of the Fire-Rescue Depaxtment shall recommend to the City Manager the employment of technical inspectors, who, when authorization is made, shah be selected through an examination to determine their fitness for the position. The examination shah be open to members and nonmembers of the Fire-Rescue Depastment, and appointments made after examination shall be for an indefinite term with removal only for cause. EMERGENCY MEDICAL SERVICES Section 96.65 DEFINITIONS. For the purpose of this subchapter, the following definitions shah apply: (A) "BASIC LIFE SUPPORT SERVICES". Basic life support services include the provision of treatment services rendered to patients which do not require invasive techniques, which include, but are not limited to, simple bandaging, minor splinting and simple immobilization, and may include transportation to a hospital by the Delray Beach Fire-Rescue Depaxlixient. 03) "ADVANCED LIFE SUPPORT SERVICES". Advanced life support services are those types of patient treatment services which require advanced medical therapy, including, but not limited to: electrocardiographic monitoring; use of external pacemakers; defibrillation; intravenous therapy; medication administration; cardiopulmonary resuscitation; endotracheal intubation; other advanced aitwvay and artificial ventilator 11 ORD. NO. 46-02 techniques; and may include transportation to a hospital by the Delray Beach Fire-Rescue Depaxtix~ent. Section 96.67 COI.LECTION OF EMERGENCY MEDICAL SERVICE FEES. (A) The Fire-Rescue Depati~lent shall submit bills to patients or to the patient's insurance carrier for the provision of Basic Life Support or Advanced Life Support transportation. (B) Any bill remaining unpaid for a period of ninety (90) days shall be considered delinquent. Any delinquent bill shall incur interest at the rate of nine percent (9%) per annum. The notice of an interest charge shall be included on the initial bill mailed to the patient. remedies. The City may collect delinquent charges through any and all available legal (13) The City Finance Depxtmient is hereby authorized to accept assignment at the maximum allowable rate of Medicaid, Medicare, and the Palm Beach County Health Care District benefits. (E) The City Finance Depaxlment is hereby authorized to negotiate payment settlements of outstanding debts owed to the City for emergency services rendered when the debtor is unable to satisfy the outstanding balance due. Section 96.68 EMERGENCY MEDICAL SERVICES AND ADVANCED LIFE SUPPORT PROVIDER. (A) The Fire-Rescue Depaxmient is hereby authorized to obtain and maintain any and all necessary State of Florida licensing, vehicle permits and all necessary Palm Beach County Certificates of Public Convenience and Necessity (COPCN), pursuant to Chapter 401, Florida Statutes, and Palm Beach County EMS Ordinance, Palm Beach County Code, Chapter 13, and any subsequent applicable revised laws and ordinances, for the purpose of providing Advanced Life Support and all manner of emergency medical services as it applies to emergency medical and trauma treatment and emergency transportation services, in and for the City of Delray Beach. CB) The Fire-Rescue Depaximent shall, upon obtaining all necessary licenses and certifications, be designated as the primary provider of Advanced Life Support and of all manner of emergency medical services as it applies to emergency medical and trauma treatment and emergency transportation services within the City limits of the City of Delray Beach. 12 ORD. NO. 46-02 Section 96.98 VIOLATIONS; NONCOMPLIANCE. (A) Any person who shall violate any of the provisions of any of the codes adopted in Sec. 96.16, including amendments thereto, or who shall violate or fail to comply with any order made hereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, from which no appeal has been taken, or who shall fail to comply with an order as affirmed or modified by the Chief of the Fire-Rescue Depaxunent or his designate or by a court or competent jurisdiction, within the time fixed herein, shall severally for each and every violation and noncompliance respectively, be guilty of a violation. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all persons shall be required to correct or remedy those violations or defects within a reasonable time. When not otherwise spedfied, each thirty (30) days that prohibited conditions are maintained shall constitute a separate offense. (B) The application of a penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 3. That Chapter 7, "Building Regulations", Article 7.8, "Unsafe Buildings or Structures", Sections 7.8.6, "Enforcement Officer Designated" and 7.8.8, "Authority to Make Inspections; Initiating Abatement", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 7.8.6 ENFORCEMENT OFFICER DESIGNATED The provisions of this chapter shall be enforced by the Chief Building Official and/or his designee. The Chief Building Official or his designee may utili~.e the Fire-Rescue Department, Code Enforcement Division, Environmental Services, etc. to aid in the enforcement of the provisions of this chapter. Section 7.8.8 AUTHORITY TO MAKE INSPECTIONS; INITIATING ABATEMENT: (A) The Chief Building Official or his designee, Building Inspectors, Code Enforcement Officers, Fire-Rescue Depaxunent Officials, etc. are authorized to make any inspections and recommend any actions to the Chief Building Official or his designee as may be required to enforce the provisions of this chapter. (B) After the Chief Building Official or his designee has determined that a building, structure, or portion thereof is unsafe, he may initiate proceedings to abate the unsafe conditions. 13 ORD. NO. 46-02 Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith, be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ~ 2002. MAYOR ATTEST City Clerk First Reading Second Reading 14 ORD. NO. 46-02