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04-13-04 Agenda Reg
City of Delray Beach Regular Commission Meeting Tuesday? April 13, 2004 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City HaH 100 N'Vd 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with thc Commission. GeneraBy, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hoars prior to the event in order for the City to accommodate your request. Adaptive hstening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. ROLL C.AT ~T. INVOCATION. PLEDGE OF AT.T.EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: March 11, 2004 - Regnhr Meeting March 16, 2004 - Regnlar Meeting March 25, 2004 - Organizational Meeting March 25, 2004 - Special Meeting April 5, 2004 - Special Meeting PROCLAMATIONS: F. G. H. Bob Chapin - Old School Square Fair Housing Month - April 2004 Community Development Week -April 12-18, 2004 and the 30~ Anniversary of the Community Development Block Grant Program Recognizing and Designating April 2004 as "Read Together Palm Beach County Month" Month of the Young Child - April 2004 Civility Month - May 2004 National Public Works Week - May 16-22, 2004 Days of Remembrance - Holocaust PRESENTATIONS: Recognition and Presentation to Gordon Stanley for representing the City during President Bush's visit Delray Camera Club Awards - "Delray Beach - The Changing Scene" Six Month Review of Business Recruitment Efforts - Randy Welker CONSENT AGENDA: City Manager Recommends Approval. RESOLUTION NO. 29-04/ABANDONMENT OF UTILITY EASEMENT: Approve the abandonment of a portion of a twelve (12) foot utility easement lying within Lot 6, Valencia Court Subdivision. 04-13-2004 II. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/JOHN HOCK ENTERPRISES: Approve and accept a right-of-way dedication associated with John Hock Offices located on the west side of N.E. 1st Avenue between N.E. yd Street and Lake Ida Road (N.E. 4th Street). RESOLUTION NO. $$-04: Approve Resolution No. 33-04 and the Joint Participation Agreement between the City and the State of Florida Department of Transportation for the signalization of the intersection of U.S. 1 and Tropic Boulevard. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2004-02; Formally initiate Comprehensive Plan Amendment 2004-02 pursuant to Section 9.2.1 of the Land Development Regulations. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a Housing Rehabilitation grant/contract award through the Community Development Division in the amount of $16,367.40 to Henry L. Haywood (343 N.W. 4~h Avenue). Funding is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant). SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT; Authorize and approve subordination of the City's second mortgage in the amount of $18,585.00 to allow the applicant to secure new financing. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement between the City and the Community Redevelopment Agency (CRA) for shared administration of the West Settler's Fagade Easement Grant Program. RESOLUTION NO. 31-04 (STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN); A resolution adopting the Local Housing Assistance Plan for Fiscal Years 2004-2007 pursuant to the State Housing Initiatives partnership (SHIP) Program. RESOLUTION NO. 28-04: Approve Resolution No. 28-04 supporting the "Florida Stroke Act" which will allow eligible hospitals to become certified stroke treatment centers. SERVICE AUTHORIZATION NO. ll.3/ROBERT G. CURRIE PARTNERSHIP. INC.: Approve Service Authorization No. 11.3 to Robert G. Currie Partnership, Inc. in the amount of $14,950.00 for additional design services required in the development of the site plan for the Intracoastal Park. Funding is available from 334-4174-572-63.90 (General Construction Fund/Intracoastal Park). 04-13-2004 ADDENDUM NO. 1/ENGINEERING CONSULTING AGREEMENTS: Approve Addendum No. 1 to the Engineering Consulting Agreements to clarify Section III, "Duties of Consultant", of the Service Authorization, itemizing and describing their duties in detail. SPECIAL EVENT REOUEST/ART & JAZZ ON THE AVENI, JE: Approve and endorse the Art & Jazz on the Avenue scheduled for May 13, 2004 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(I'-I) 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. 1s' Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up assistance. SPECIAL EVENT REOUEST/4~h OF JULY; Approve a special event request for the 4~' of July Celebration event to be held from noon until 12:00 midnight, including a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from the east side of N.E. and S.E. 7th Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard, waiver of City Ordinances 101.25 and 101.32 to allow assembly on the beach and vendors on A1A; and to allow all beach parking lots to remain open until midnight, staff support for security and traffic control, street barricading, banner hanging, stage set up/use, and clean up/trash removal. SPECIAL EVENT REOUEST/HOT AIR BALLOON GLOW AND RACE: Approve a special event request for the Hot Air Balloon Glow to be held on May 14, 2004 and the Hot Air Balloon Race to be held on May 15-16, 2004, granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue on May 14, 2004 from A1A to Venetian between 3:00 p.m. and 11:00 p.m., and to allow beach parking lots to stay open until 11:00 p.m. on May 14th, use of the City parking lot at the Marriott for balloonists, and staff support for security and traffic control, barricading, and signage preparation/set up, large stage set up/take down at Lake Ida for the race, and trash removal for this event. SPECIAL EVENT/5~ ANNUAL HAITIAN FLAG DAY CELEBRATION: Approve a special event request for the 5e' Annual Haitian Flag Day Celebration sponsored by Our Lady of Perpetual Help Catholic Church's Youth Group to be held on Sunday, May 23, 2004 from 2:00 p.m. until 8:30 p.m., including temporary use permit per LDR Section 2.4.6(H) for the use of Merritt Park, set up/removal of large City stage, staff support for security, trash removal and clean up. INTER.LOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement in the amount of $18,000.00 between the City and the Community Redevelopment Agency (CRA) for payment to the City for contracted consulting services with JEG Associates, Inc. 04-13-2004 FIREFIGHTER INVESTMENT & RESPONSE ENHANCEMENT ACT GRANT: Approve the application for a matching grant for the Firefighter Investment & Response Enhancement (FIRE) Act Grant for assistance with the cost of overtime coverage to allow sixty (60) Hazardous Materials Technicians to attend several training courses. City's required 30% matching portion is $86,184.00, with funding from 001-2315-526-14.10 (Fire Operation/Overtime). REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD Accept the actions and decisions made by the Land Development Boards for the period March 15, 2004 through April 9, 2004. S. AWARD OF BIDS AND CONTRACTS: Bid award to Rust Off, Inc. in the amount of $25,600.00 for anti-rust chemicals for the city irrigation system. Funding is available from 119-4144- 572-46.40 (Beautification Trust Fund/Maintenance). Bid award to Custom Property Services, Inc. at an estimated annual cost of $17,063.00 for the landscape maintenance of South Federal Highway and Congress Avenue. Funding is available from 119-4144-572-46.40 (Beautification Trust Fund/Maintenance). Bid award to multiple vendors at an estimated annual cost of $50,325.64 via the City of West Palm Beach Co-op Bid $$02/03-20 for the purchase of liquid chlorine and calcium hypochlorite. Funding is available from 441- 5122-536-52.21 and 441-5144-536-52.21. C0qater/Sewer Fund/Chemicals). Contract award to Ferguson Enterprises, Inc. in the amount of $65,342.37 for pipe material purchase for water main improvements on N.W. 11~' Avenue and Lake Eden. Funding is available fi:om 442-5178-536-65.74 (Water and Sewer/Renewal/Replacement/N.W. 10e' Avenue/N.W. 11~h Avenue). Purchase award to Kuhn Carpet and Wile in the amount of $18,692.37 x4a the Florida State Contract $$360-240-001 for replacement flooring (porcelain file) for the Police Department. Funding is available from 334-6112-519-46.10 (General Construction Fund/Building Maintenance). REGULAR AGENDA: APPEAL OF ADMINISTRATIVE INTERPRETATION/HOTEL VISTA DEL MAR: Consider an appeal of an admimstrative interpretation relating to the Hotel Vista Del Mar Project, located at 64 South Ocean Boulevard. (Quasi- Judicial Heating) WAIVER REOUEST/MINIMUM LOT DIMENSION: Consider a request to waive Land Development Regulations (LDR) 4.3.4(K) to reduce the lot size and lot depth for an existing non-conforming lot, located on the east side of Stricldand Road, approximately 110 feet south of S.W. 11~' Street. (Quasi-JudicialHeardng) 04-13-2004 CONDITIONAL USE MODIFICATION REOUEST/COMMUNITY PRIMITIVE BAPTIST CHURCH: Consider a conditional use modification request associated with the expansion of the Corrmaunity Primitive Baptist Church, located between N.W. 10* Avenue and N.W. 11th Avenue, approximately 250 feet north of West Atlantic Avenue (33 N.W. 1 l~h Avenue). (Quasi-Judicial Hearing) REOUEST FOR IN-LIEU PARKING SPACES/HANDRI.gMAN yRi.!.OW BUILDING: Consider a request from Handelsman Yellow Building f/k/a the Blank House for the purchase of six (6) m-lieu parking spaces in the amount of $72,000.00. The Blank House is located at 85 S.E. 6th Avenue. (O. uasi-J~JCll'CJ, al Heating) REOUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HELPING: Consider approval of a request from Community Neighborhood Helping for financial support in the amount of $11,000, for their Glory Awards Event to be held on June 4, 2004 which will be reimbursed to the City through a PaLm Beach County grant. Funding is available from 001-6111-519-99.03 (Manager's Contingency Fund) SKATEBOARDS: Discuss proposed draft Ordinance No. 26-04 to provide certain areas in which skateboarding shall be prohibited. PROPOSAL FOR SETTLEMENT IN ERNESTO FIGUEROA v. CITY OF DELRAY BEACH: Consider a Proposal for Setdement in the amount of $4,500.00 in Emesto Figueroa v. City of Delray Beach. Staff recommendation is acceptance. PROPOSAL FOR SETTLEMENT IN CLARA OUTRAM v. CITY OF DELRAY BEACH: Consider a Proposal for Setdement in the amount of $12,500.00 in Clara Outram v. City of Dekay Beach. Staff recommendation is acceptance. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) alternate member for an unexpired term ending March 31, 2005. Based upon the rotation system, the appointment will be made by Comrmssioner Levinson (Seat #3). APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) regular member to the Public Employees Relations Commission (PERC) for a four year term ending March 13, 2008. Based on the rotation system, the appointment will be made by ConUmssioner Costin (Seat #~). APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) member to the Historic Preservation Board for an unexpired term ending August 31, 2004. Based upon the rotation system, the appointment will be made by Commissioner Costm (Seat #1). 04-13-2004 10. 11. 12. 13. PUBLIC HEARINGS: ORDINANCE NO. 15-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Chapter 4, "Zoning Regulations", Section 4.3.3(0, "Community Residential Home and Group Homes" in order to correct an inconsistency created from recent LDR changes regarding the terminology of residential and non-residential alcohol and drug abuse treatment facilities. ORDINANCE NO. 22-04: An ordinance amending Chapter 33, "Police and Fire Departments", Pensions, Section 33.70, "Direct Transfers of Eligible Rollover Distributions", providing a mechanism for the rollover of 457 and 401 funds where applicable. 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. 2.~-04: An ordinance amending Chapter 55, "Sanitary Sewers", of the City Code of Ordinances, amending Subsection 53.130(F), "Wholesale Sewer Rates", to provide for rates and charges for wholesale users of the City's sewerage system. If passed, a public hearing will be scheduled for May 4, 2004. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission PO8TED: APRIL 9, 2004 04-13-2004 MARCH 11~ 2004 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Thursday, March 11, 2004. 1. Roll call showed: Present- Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, Deputy City Clerk At this point, Mayor Perlman stated he would like to have a moment of silence in memory of Mary Hooks, former City Commissioner of West Palm Beach and former Florida Secretary of Labor who also served on the Tourist Development Council of Palm Beach County. In addition, Mayor Perlman stated he would like to have a moment of silence in memory of the victims of the violence last night in the city. 2. The opening prayer was delivered by Pastor Klay Aspinwall with Lakeview Baptist Church. given. The Pledge of Allegiance to the flag of the United States of America was AGENDA APPROVAL. Mayor Perlman stated Item 7.A., Presentation - 15th Annual Del- Aire/Delra¥ Citizens for Delra¥ Police - Charities Golf Tournament to benefit Delra¥ Beach Fire-Rescue and Police Departments - Perry DonFrancisco will be postponed to the regular meeting of March 16, 2004. Mayor Perlman requested that Item 9.A., Appeal of Administrative Interpretation/Hotel Vista Del Mar be postponed to the regular meeting of April 13, 2004. The City Attorney requested that Item 9.F., Resolution No. 13-04 be postponed to the regular meeting of March 16, 2004 for a public hearing. Mr. Levinson moved to approve the Agenda, as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mr. Levinson noted a typographical error to page 8 (Item 9.H.) of the Minutes from the Regular Meeting of February 17, 2004. Mr. Costin moved to approve the Minutes of the Regular Meeting of February 17, 2004, as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to approve the Minutes of the Special Meeting of February 24, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to approve the Minutes of the Special Meeting of February 27, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: Recognizing American Red Cross Month - March 2004 Mayor Perlman read and presented a proclamation hereby proclaiming March 2004 as American Red Cross Month in Delray Beach. A representative from the American Red Cross came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. 15th Annual DeI-Aire/Delray Citizens for Delray Police - Charities Golf Tournament to benefit Delray Beach Fire Rescue and Police Departments - Perry DonFrancisco This item has been postponed to the regular meeting of March 16, 2004. 7.B. Recognition and Presentation of Employee Recognition Bonus' to Environmental Services~ Water Treatment Plant Employees for developing an alternative cost effective water treatment process - 2 - 03/11/04 Richard Hasko, Director of Environmental Services, stated he is very proud of his staff and commended them all for a job well done. Dan Beatty, Deputy Director of Public Utilities, stated as a result of John Bullard's effort as well as 24 other employees in the Environmental Services Department and Water Treatment Plant, they were able to reduce the color of the water by 35% reducing the operating costs by over $250,000 (not including the $5,000,000 that it would have cost to build the facility) to operate the Anion Exchange Plant. Mr. Beatty stated he is extremely proud of the entire staff. Mayor Perlman stated this is a gxeat achievement and the savings are enormous. He thanked all the employees for everything they do on a daily basis for the City of Delray Beach. Mr. Beatty recognized and presented the following individuals with their awards: · John Bullard · Cliff Marion · Clive Grant · Bill Pitschman · Bob Bullard · Devon Miller · Doug Stryjek · Clayton Gilbert · N'Detenga n'Gurumo · Milton Willingham · Tom Barratt · Bob Williamson · Tracy Bean · Scott Solomon · William Blake · Pedro Prado · Bob DeSist· · Rita Taylor · Ramon Hernandez · Fengli Yang · Cesar Irizarry · Chris Cavalere · Gil Ironside · Tom Kirkham · Terry Kinley CONSENT AGENDA: City Manager Recommends Approval. 8oAo COMBINED PRELIMINARY/FINAL BOUNDARY PLAT APPROVAL/ TENTH STREET COMMERCE PARK PLAT II : Approve the boundary plat for the Tenth Street Commerce Park Plat II, a 12-bay mixed industrial and th commercial development, located on the south side of S.W. 10 Street, approximately 480 feet west of S.W. 10th Avenue. 8.B. RESOLUTION NO. 18-04: Approve Resolution No. 18-04 assessing costs for abatement action required to remove nuisances on six (6) properties throughout the City. The caption of Resolution No. 18-04 is as follows: -3- 03/11/04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. office.) 8.C. (The official copy of Resolution No. 18-04 is on file in the City Clerk's GRANTING OF UTILITY EASEMENT DEED/FLORIDA POWER AND LIGHT: Approve a utility easement granting to Florida Power and Light the means to install/maintain an underground power line on City owned property as a result of the construction of the parking garage and library. 8.D. RESOLUTION NO. 16-04: Consider approval of Resolution No. 16-04 authorizing the City to transfer and exchange certain real property with the Florida Inland Navigational District (FIND) and the Delray Harbor Club. The caption of Resolution No. 16-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO EXCHANGE REAL PROPERTY OWNED BY THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED ON THE EAST SIDE OF SOUTH FEDERAL HIGHWAY SOUTH OF l0TM AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN AND IN ACCORDANCE WITH THAT REAL PROPERTY EXCHANGE AGREEMENT BETWEEN THE PARTIES TO BE UTILIZED FOR PARK PURPOSES; PROVIDING AN EFFECTIVE DATE. - 4 - 03/11/04 (The official copy of Resolution No. 16-04 is on file in the City Clerk's office.) 8.E. RESOLUTION NO. 19-04: Approve Resolution No. 19-04 supporting legislation authorizing the installation of traffic infraction detection devices at intersections. The caption of Resolution No. 19-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING LEGISLATION RELATING TO TRAFFIC INFRACTION DETECTION DEVICES AT INTERSECTIONS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE GOVERNOR OF THE STATE OF FLORIDA, THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, TO EACH MEMBER OF THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, TO THE MEMBERS OF THE PALM BEACH COUNTY BOARD OF COMMISSIONERS, TO THE MAYORS OF PALM BEACH COUNTY, TO THE PALM BEACH LEAGUE OF CITIES AND TO THE FLORIDA LEAGUE OF CITIES; PROVIDING FOR A REPEALER CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Resolution No. 19-04 is on file in the City Clerk's office.) 8.F. QUIET TITLE/COUNTY PARCELS: Consider authorization to Quiet Title for six (6) of the seven (7) parcels acquired from Palm Beach County. 8.G. AMENDMENT NO. 1/PLAYERS INTERNATIONAL MANAGEMENT~ INC. (PIM) AGREEMENT: Consider approval of Amendment No. 1 to the Players International Management, Inc. (PIM) Agreement providing for a change in the name of the event and clarification of programs, concessions, and advertising requirements. 8.H. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of a funding agreement in the amount of $15,625.00 with sub-recipient Delray Beach Housing Authority for SEEDTECH Technology under the Weed & Seed program for FY 2003-2004. Funding is available from 115-2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid). CHANGE ORDER NO. 2/FINAL PAYMENT/MORA ENGINEERING CONTRACTORS~ INC.: Approve Change Order No. 2 in the -5- 03/11/04 amount of a $4,081.14 decrease, and final payment in the amount of $14,267.78 to Mora Engineering Contractors, Inc. for the Reclaimed Water Main Construction, High School Site Project. Funding is available from 441-5181-536-65.96 (Water & Sewer/Reclaimed Water Transmission). HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $16,091.25 to Craftsman Plus, Inc. (322 S.W. 1st Avenue), $24,638.25 to Sun Band Builders (402 S.W. 15th Avenue), and $20,921.25 to Henry L. Haywood (323 N.W. 4th Avenue). Funding is available from 118-1924-554- 49.19 (SHIP Housing Rehabilitation Grant). 8.K. SPECIAL EVENT REQUEST/6th ANNUAL GARLIC FESTIVAL: Approve a special event request for the 6th Annual Garlic Festival to be held November 12-14, 2004, granting a temporary use permit per LDR Section 2.4.6(H) for use of City rights-of-way (N.E. 1st Avenue from Atlantic Avenue to N.E. 1st Street and N.E. 2"d Avenue from the alley just north of Atlantic Avenue to N.E. Ist Street on November 11th at 6:00 a.m.), and the north side of City Hall parking lot; granting a waiver per LDR Section 4.6.7(D)(3)(j)(ii) to allow signs and banners to be placed more than one week prior to the event, staff assistance as outlined in the attached letter; contingent upon sponsor providing a certificate of insurance, liquor liability insurance, and a hold harmless agreement. 8.L. SPECIAL EVENT REQUEST/SCHOOL SHOWCASE OF THE ARTS/SOUTH FLORIDA PARENTING BLOCK PARTY: Approve a special event request to allow thc School Showcase of the Arts - South Florida Parenting Block Party sponsored by thc Dclray Beach Education Board and South Florida Parenting to bc held on the grounds of Old School Square on April 24 and 25, 2004 from 10:00 a.m. until 5:00 p.m.; granting a waiver per LDR Section 4.6.7(D)(3)(j)(ii) to allow event signage to be put up more than one week prior to the event and to authorize staff support for security and traffic control, trash removal, EMS services, and barricading. 8oMo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 16, 2004 through March 5, 2004. 8,No AWARD OF BIDS AND CONTRACTS: Purchase award to Selectron Technologies, Inc. in the amount of $50,400.00 and Sungard HTE, Inc. in the amount of $8,050.00 for a total amount of $58,450.00 for the purchase of an Interactive Voice Response System, including software, hardware, and installation. Funding is available from 334-6111-519-66.10 (General Construction Fund/Software), 334-6111-519-64.11 (General Construction Fund/Computer Equipment) and 001-2721- 524-66.10 (General Fund/Sof~vare). Purchase award to Fisher Scientific Company in the amount of -6- 03/11/04 $44,420.95 via the Broward Co-op Bid for thirty-five (35) sets of replacement fire fighting personal protective clothing. Funding is available from 001-2311-522-52.22, 001-2313 -522.52.22, and 001 - 2315-526.52.22 (Uniforms/Linen). Purchase award to Biosite, Inc. in the amount of $47,500.00 for ten (10) portable cardiac enzyme detection devices known as the Triage Cardiac System. Funding is available from 001-2315-526- 64.90 (Fire Operations/Other Equipment). Various bid awards in the amount of $313,474.00 via the Florida Sheriffs' Association and State of Florida Contracts for the replacement of City vehicles. Funding is available from 501-3312- 591-64.20 (Central Garage Fund/Automotive). Bid award to Tanner Industries at an estimated annual cost of $18,550.00 via the City of Boynton Beach Co-op Bid #035-2821- 04/CJD for the purchase of anhydrous ammonia. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). Contract award to Almazan Brothers, Inc. in the amount of $143,508.00 for the Alley at Ocean City Lumber Block 84 Water Main and Drainage and Dixie Highway/S.E. l0th Street Drainage Improvement Project. Funding is available from 442-5178-536- 63.50 (Water Main Upgrades) and 448-5461-538-65.77 (Old Dixie Highway). 8.0. RESOLUTION NO. 21-04: Approve Resolution No. 21-04 supporting the nomination of the City of Delray Beach for the Florida League of Cities Florida City of Excellence Award. The caption of Resolution No. 21-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOMMENDING THE CITY OF DELRAY BEACH, FOR THE FLORIDA LEAGUE OF CITIES, INC., FLORIDA CITY OF EXCELLENCE AWARD. (The official copy of Resolution No. 21-04 is on file in the City Clerk's office.) 8.P. RESOLUTION NO. 22-04: Approve Resolution No. 22-04 supporting the nomination of Mayor Jeff Perlman for the Florida League of Cities Mayor of the Year Award. The caption of Resolution No. 22-04 is as follows: - 7 - 03/11/04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOMMENDING MAYOR JEFF PERLMAN FOR THE FLORIDA LEAGUE OF CITIES, INC., MAYOR OF THE YEAR AWARD. (The official copy of Resolution No. 22-04 is on file in the City Clerk's office.) 8.Q. RESOLUTION NO. 23-04: Approve Resolution No. 23-04 supporting the nomination of David T. Harden for the Florida League of Cities City Manager of the Year Award. The caption of Resolution No. 23-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOMMENDING DAVID T. HARDEN, CITY MANAGER OF THE CITY OF DELRAY, FLORIDA FOR THE FLORIDA LEAGUE OF CITIES, INC., CITY MANAGER OF THE YEAR AWARD. (The official copy of Resolution No. 23-04 is on file in the City Clerk's office.) 8.R. RESOLUTION NO. 24-04: Approve Resolution No. 24-04 supporting the nomination of Lula Butler for the Florida League of Cities City Employee of the Year Award. The caption of Resolution No. 24-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOMMENDING LULA BUTLER FOR THE FLORIDA LEAGUE OF CITIES, INC., CITY EMPLOYEE OF THE YEAR AWARD. (The official copy of Resolution No. 24-04 is on file in the City Clerk's office.) 8.S. RESOLUTION NO. 25-04: Approve Resolution No. 25-04 supporting the nomination of David T. Harden for the International City Managers' Association (ICMA) Award for Career Excellence. The caption of Resolution No. 25-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, - 8 - 03/11/04 RECOMMENDING DAVID T. HARDEN, CITY MANAGER OF THE CITY OF DELRAY, FLORIDA FOR THE iNTERNATIONAL CITY MANAGER'S ASSOCIATION AWARD FOR CAREER EXCELLENCE. (The official copy of Resolution No. 25-04 is on file in the City Clerk's office.) Mr. Costin moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. APPEAL OF ADMINISTRATIVE INTERPRETATION/HOTEL VISTA DEL MAR: Consider an appeal of an administrative interpretation relating to the Hotel Vista Del Mar Project, located at 64 South Ocean Boulevard. (Quasi-Judicial Hearing) This item has been postponed until the regular meeting of April 13, 2004. 9.B. CONDITIONAL USE REQUESTNILLAS IN THE GROVE: Consider a request for conditional use approval to allow for a density in excess of 30 units per acre and to allow for building height up to 60 feet in the Central Business District (CBD), for the Villas in the Grove, a proposed mixed-use development, located at the northeast comer ofN.E. 1st Street and N.E. 2nd Avenue (approximately 2.1 acres). (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Heating for this item and all subsequent items. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he spoke to Michael Weiner, Anthony Pugliese, and Meryl Stumberger. Ms. McCarthy stated she too spoke to Michael Weiner, Anthony Pugliese, and Meryl Stumberger at a separate meeting. Mayor Perlman stated he spoke to Michael Weiner, Anthony Pugliese, Meryl Stumberger, and Francisco Perez-Azua. Mr. Costin stated he spoke to Michael Weiner, Anthony Pugliese, and Meryl Stumberger at a different meeting as well. Mrs. Archer stated she spoke to all of the individuals listed above at a separate meeting and individually as well. Jeff Costello, Assistant Planning and Zoning Director, entered the Planning and Zoning Department project file #2004-084 into the record. -9- 03/11/04 Mr. Costello stated the development proposal consists of the demolition of the one-story building adjacent to the F.E.C. Railroad and north of the two-story portion of the "Creations of Delray Beach" building that is to be retained; and construction of a four-story mixed-use building along Pineapple Grove Way. The proposed five-story building will consist of two and one-half levels of parking and three levels of residential dwelling units, six (6) retail bays totaling 8,056 square feet, two (2) office bays totaling 2,138 square feet and a sheltered parking area. At its meeting of February 23, 2004, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request. Testimony was given by two (2) members of the public in opposition to the requests. After deliberation, the Board recommended approval of both conditional use requests on a vote of 4-0 (Bochardt and Pike absent), based upon positive findings with respect to the objectives and policies of the Comprehensive Plan, Land Development Regulations (LDR) Chapter 3, LDR Sections 2.4.5(E)(5), 4.3.4(J)(4)(b), and 4.4.13(I) and the Pineapple Grove Main Street Neighborhood Plan. Francisco Perez-Azua, Architect for Villas in the Grove Development, stated the conditional use is required to obtain permission to build a total of 90 units (43 units per acre) and the five-story portion of the project. Mr. Perez-Azua briefly explained the building elevations for this project and stated approximately 32% of the property stays at ground level, 29% is a four-story area, and 11% of the property is a two-story area. Michael Weiner, Attorney representing the applicant, briefly explained how the applicant meets all the requirements and urged the Commission to vote in favor of this project. Mayor Perlman declared the public hearing open. There being no one fi.om the public who wished to give testimony on this item, the public hearing was closed. Mrs. Archer stated she is ecstatic about the project and feels that Mr. Perez-Azua has done an outstanding job. Mr. Costin stated he too is very pleased with the project. Brief discussion followed by the Commission. Mr. Costin asked what percentage of parking is dedicated for the commercial space. Mr. Perez-Azua stated out of the 259 spaces 90 of those parking spaces are dedicated and the rest are shared. Mrs. Archer moved to approve the conditional use request for Villas in the Grove to allow a height in excess of 48' (58'-2") based upon positive findings with respect to Land Development Regulations Sections 2.4.5(E)(5) and 4.3.4(J)(4)(b), subject to the conditions listed on page 20 of the Planning and Zoning Board Staff Report with -10- 03/11/04 the exception of condition #4, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. Mr. Costin moved to approve the conditional use request for Villas in the Grove to allow a density in excess of 30 units per acre (43 du/ac) within the Central Business District, based upon positive findings with respect to the objectives and policies of the Comprehensive Plan, Land Development Regulations Chapter 3, Sections 2.4.5(E)(5), and 4.4.13(1) and the Pineapple Grove Main Street Neighborhood Plan, subject to the conditions listed in the Planning and Zoning Board Staff Report with the exception of condition #4 as listed on page 20 of the Planning and Zoning Board Staff Report, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.C. RECONSIDERATION OF REQUEST TO REDUCE LIENS/ADM PROPERTIES~ L.L.C BUYERS INVESTMENT GROUP LIMITED~ INC.: Reconsideration of a request from Mr. Jim Drosakis, Director of Real Estate Operations for ADM Properties, L.L.C. Buyers Investment Group Limited, Inc. to waive liens totaling $8,302.61 assessed for abating nuisances on two (2) vacant lots located within the second Block of S.W. 11 ~ Avenue. Staff recommends a partial waiver and accepting payment of the City's actual out-of-pocket costs, $2,914.49, by ADM Properties, L.L.C. Buyers Investment Group Limited, Inc. with conditions. Lula Butler, Director of Community Improvement, stated this item is a reconsideration of an item that was heard and approved by the City Commission on January 13, 2004 from Mr. Jim Drosakis, Director of Real Estate Operations for ADM Properties, LLC Buyers Investment Group to release a portion of the liens assessed for abating nuisances for two (2) vacant lots located within the second block of S.W. 11th Avenue. The lien amounts are $4,742.06 and $3,560.55 for vacant parcels identified as Lots 1 & 6 of Block 9 within the Atlantic Gardens subdivision. The recommendation came with the understanding that the City's out-of-pocket costs were to be paid within thirty (30) days from City Commission approval and that the City would hold the release of the lien until the submission of the required building permit for the two single family homes. The agent representing the Investment Group alleges that they were unaware of the scheduled agenda item and were not notified of this approval, thus they missed the 30-day pay-off of the outstanding balances. Staff recommends that the Commission uphold their motion from the January 13, 2004 meeting. Mrs. Archer moved to reconsider the request from Mr. Jim Drosakis, Director of Real Estate Operations for ADM Properties, L.L.C. Buyers Investment Group Limited, Inc., seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. -11- 03/11/04 Mr. Levinson stated he feels the City has complied with previous policies in what has been done consistently in terms of waiving the fees other than the out-of- pocket cost. Ms. McCarthy stated the Commission took the time to develop a policy last year so that the City would be able to help people build single-family homes and keep them affordable. Mayor Perlman stated he cannot support full waivers or partial waivers because he feels there is a significant amount of development interest in the City of Delray Beach and the City does not need the incentive. Alan Mentser, President of Buyer's Investment Group Ltd., Inc. and ADM Properties, L.L.C., introduced Jim Drosakis, Director of Real Estate Operations; stated most of the properties acquired are through Tax Deed sales and have to go through a Quiet Title process. Mr. Mentser urged the Commission to approve the recommendation of staff with the addition of a complete release of lien upon tender of payment so they can file their Quiet Title actions, obtain good and marketable title, and be able to have their funding in place for construction. After brief discussion, the Commission stated the release of liens will be upon submission of the required building permits. Mr. Levinson moved to approve to reinstate the original waiver of the fees as calculated on January 13, 2004, and restart the thirty (30) day clock from today's date, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.D. REQUEST TO REDUCE LIENS/ADM PROPERTIES~ L.L.C BUYERS INVESTMENT GROUP LIMITED~ INC.: Consider a request from Mr. Jim Drosakis, Director of Real Estate Operations for ADM Properties, L.L.C. Buyers Investment Group Limited, Inc. to waive the liens totaling $8,077.01 assessed for abatin~ nuisances and demolition of an unsafe structure on property located at 304 S.W. 7 Street. Staff recommends a partial waiver and that the remaining lien of $4,039.74, the City's out-of-pocket costs, be paid by ADM Properties, L.L.C. Buyers Investment Group Limited, Inc. Lula Butler, Director of Community Improvement, stated this item is a request to reduce liens assessed to the property addressed as 304 S.W. 7th Street as submitted by Buyer's Investment Group Limited, Inc. The request is for a full release of liens assessed by the City. The total amount of liens assessed to this property is $8,077.01 which includes costs associated with an emergency board-up, demolition of an unsafe structure and the abatement of nuisances between 1995 and 2002. Ms. Butler stated Buyer's Investment Group Limited, Inc. is requesting a 100% reduction and staff is recommending that based on the policy, the City's out-of- pocket costs be recouped and that the lien be reduced to the amount of $4,037.27 and the -12- 03/11/04 out-of-pocket costs in the amount of $4,039.74 be paid by the investment group within thirty (30) days of City Commission action. Ms. Butler stated staff is requesting that the release of the liens be done with the submission of a building permit. Mr. Costin moved to approve the request from Buyer's Investment Group Limited, Inc. to reduce liens assessed to the property located at 304 S.W. 7th Street and that the balance of the lien in the amount of $4,039.74 (representing the City's out-of- pocket costs) be paid within thirty (30) days of Commission approval and the release of the reduced lien amount shall be coordinated with the submission of a building permit for a single-family home, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 13-04 {SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations proposing a four month moratorium on Adult Arcade Establishments. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 13-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPORARY BUILDING MORATORIUM ON ARCADES AS FURTHER DEFINED HEREIN FOR A PERIOD OF FOUR (4) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUM; PROVIDING FOR PENALTIES PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 13-04 is on file in the City Clerk's -13- 03/11/04 The City Attomey read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman asked the Commission to disclose any ex parte communications. The Commission had no ex parte communications to disclose. Mayor Perlman declared the public hearing open. Klay Aspinwall, Pastor of Lakeview Baptist Church, inquired as to why the moratorium is set for four months. In response, Mayor Perlman stated there is currently some pending litigation and the City is awaiting the outcome. There being no one else who wished to give testimony on this item, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 13-04 on Second Reading/Second Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 18-04: An ordinance amending Chapter 33, "Police and Fire Departments", Section 33.62, "Benefit Amounts and Eligibility", providing an enhanced multiplier benefit option for the Police and Fire Pension Plan. Prior to consideration of passage of this ordinance on Second and F1NAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 18-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", PROVIDING AN ENHANCED MULTIPLIER BENEFIT OPTION FOR ELIGIBLE MEMBERS; PROVIDING AN INCREASE IN MEMBER CONTRIBUTIONS FOR THOSE MEMBERS WHO ELECT THE ENHANCED MULTIPLIER; PROVIDING AN OPTION TO PURCHASE THE ENHANCED MULTIPLIER FOR THOSE MEMBERS WHO DO NOT ELECT THE ENHANCED MULTIPLIER OPTION BEFORE APRIL 15, 2004; AMENDING SECTION 33.687, "EARLY RETIREMENT INCENTiVE", PROVIDING - 14- 03/11/04 FOR APPLICATION OF THE ENHANCED MULTIPLIER TO THE EARLY RETIREMENT INCENTIVE; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney presented a revised Ordinance No. 18-04 which clarifies Section 33.687(C) (Early Retirement Incentive) located on page 4. The City Attomey stated the language "Eligible employees who elect to receive the early retirement incentive on or after March 15, 2004 shall receive three and one-half percent (3.5%) of average monthly earnings for each year of continuous service, or portion thereof..." and clarified that the words "eligible employees" meaning those employees who elected to have a 3.5% multiplier. Therefore, the City Attorney stated the words "who previously elected" have been added for clarification and noted this does not change the substance of the ordinance. Mayor Perlman declared the public hearing open. James Tabeek, IAFF Representative, stated for the record he was not aware of the change. The City Attomey gave direction to the Deputy City Clerk to present Mr. Tabeek with a copy of the revision. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, stated the City of Delray Beach has the finest Fire-Rescue Department in South Florida and he feels the same is true for the non-management employees as well as the management employees. Mr. Smith stated he would like to see them compensated in all forms including the retirement benefits. However, Mr. Smith stated at the same time every year during the budget process there is not enough money to do all the critical things that need to be done throughout the city. Mr. Smith asked how much this will cost the City to do and how much of the $1.3 million will there be to use for next year. The City Manager stated the cost to the City of Delray Beach for this change is approximately $500,000 per year. There being no one else from the public who wished to address the Commission regarding Ordinance No. 18-04, the public hearing was closed. -15- 03/11/04 Prior to the vote, Mayor Perlman stated he feels this enhancement of pension benefits benefit the City of Delray Beach and its residents in many ways that are both tangible and intangible. Mayor Perlman stated some of the intangible benefits would be as a recruiting/retention tool and he feels this is a good place to invest in public safety. For the benefit of the public, Ms. McCarthy stated there has been a move going on where Palm Beach County requested the City to cooperate with them to do something jointly to combine the County and City's Fire-Rescue fomes. However, the City felt this would negatively impact the response time of the Fire-Rescue Department. She stated this is not an isolated situation but has been considered over a long period of time in order to maintain the quality of response time of the Fire-Rescue Department. Ms. McCarthy stated she is not aware of any critical things that the City has not budgeted for and explained that the City has been adhering to the Five Year Capital Improvement Plan and has been very responsible and responsive. She would like this to be known for those people who may not have the opportunity to attend the meetings as often as the Commission. Mr. Costin moved to adopt Ordinance No.18-04 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 Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 1%04: An ordinance amending Chapter 33, "Police and Fire Departments", Pensions, Section 33.60, "Definitions", clarifying the definition of earnings to include certain educational supplemental incentive payments and to exclude certification and other payments. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 17-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, SECTION 33.60, "DEFINITIONS", DEFINITION OF "EARNINGS" CERTAIN EDUCATIONAL INCENTIVE PAYMENTS AND BY AMENDING REVISING THE TO INCLUDE SUPPLEMENTAL TO EXCLUDE CERTIFICATION PAY AND ALL OTHER PAYMENTS; PROVIDING A REPEALER CLAUSE; PROVIDING A VALDITY CLAUSE; AND PROVDING AN EFFECTIVE DATE. -16- 03/11/04 (The official copy of Ordinance No. 17-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public heating open. There being no one from the public who wished to address the Commission regarding Ordinance No. 17-04, the public heating was closed. Mr. Levinson moved to adopt Ordinance No. 17-04 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 16-04: An ordinance amending Chapter 35, "Employees Policies and Benefits", Section 35.097, "Retirement Income; Basis Amount and Payment", to provide additional optional forms of benefit. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this time. The caption of Ordinance No. 16-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", TO PROVIDE ADDITIONAL OPTIONAL FORMS OF BENEFIT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public heating open. There being no one from the public who wished to address the Commission regarding Ordinance No. 16-04, -17- 03/11/04 the public hearing was closed. Mr. Costin moved to adopt Ordinance No.16-04 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 19-04: An ordinance amending Chapter 36, "Finance; City Property Transactions", Section 36.11, "Definitions", to provide for definitions regarding design-build contracts and enacting a new Section 36.16 "Design Build Contracts". Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 19-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", BY AMENDING SECTION 36.11, "DEFINITIONS", TO PROVIDE FOR DEFINITIONS REGARDING DESIGN-BUILD CONTRACTS; ENACTING SECTION 36.16, "DESIGN- BUILD CONTRACTS", TO PROVIDE FOR THE ABILITY TO USE THE DESIGN-BUILD PROCESS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one fi.om the public who wished to address the Commission regarding Ordinance No. 19-04, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 19-04 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 15-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Chapter 4, "Zoning Regulations", Section 4.3.3(I), "Community Residential Home and Group Homes" in order to correct an inconsistency created from recent LDR changes regarding -18- 03/11/04 the terminology of residential and non-residential alcohol and drag abuse treatment facilities. If passed, a second public hearing will be scheduled for April 13, 2004. Prior to consideration of passage of this ordinance on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 15-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, CHAPTER FOUR, "ZONING REGULATIONS", BY AMENDING SECTION 4.3.3(I), "COMMUNITY RESIDENTIAL HOME AND GROUP HOMES", TO PROVIDE CONSISTENCY THROUGHOUT THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 15-04, the public hearing was closed. Mr. Costin moved to approve Ordinance No. 15-04 on First Reading/First Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. ll.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. -19- 03/11/04 11.B. From the Public. ll.B.1. Jim Smith~ 1225 S. Ocean Boulevard, Delra¥ Beach~ urged the Commission to create a permanent Pedestrian/Bicycle Grecnways Committee, file an application for grant funding, and adopt a Pedestrian/Bicycle Master Plan. Mr. Smith stated there was a pedestrian fatality recently at Atlantic Avenue and the Intracoastal Bridge. Mr. Smith identified the following unsafe conditions at this location: (1) lack of a shield protecting pedestrian from motor vehicles (2) lack of a physical barrier preventing pedestrians from crossing Atlantic Avenue, and (3) lack of a sidewalk as you step off the bridge on the southwest side heading west. At this point, the Commission moved back to Item 9.E. of the Regular Agenda. 9.E. PARKING LICENSE AGREEMENTS: Consider approval of proposed modifications to the parking license agreements. Scott Aronson, Parking Management Specialist, stated on December 2, 2003, the City Commission considered the proposed modifications to the Parking License Agreements including a $25.00 increase per valet queue space, and expansion of the agreement to require compliance with state and local traffic laws. In addition, the violation of state or local traffic laws was proposed to be subject to fines and penalties. The City Commission directed staff to bring the item back to the Parking Management Advisory Board (PMAB) for further consideration. The Board recommended the following: (1) increase the fee of each valet queue space by $10.00 from $50.00 to $60.00 per month and, (2) include in Section 9 of the agreement that the Licensee, his/her employees, agents representatives and/or subcontractors must comply with all State and Local ordinances regarding traffic laws. Staff recommends approval. Mrs. Archer moved to approve the Parking License Agreements as presented, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.F._.~. RESOLUTION NO. 13-04: Consider approval of Resolufion No. 13-04 providing for the transfer of real property to the Delray Beach Community Redevelopment Agency to be utilized for the Renaissance Housing Program. The caption of Resolution No. 13-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED ALONG THE EAST SIDE OF S.W. 5TH AVENUE JUST NORTH OF S.W. - 20 - 03/11/04 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY TO BE UTILIZED FOR THE RENAISSANCE HOUSING PROGRAM. office.) (The official copy of Resolution No. 13-04 is on file in the City Clerk's This item has been postponed to the regular meeting of March 16, 2004. 9.G. RESOLUTION NO. 15-04: Consider approval of Resolution No. 15-04 amending Resolution No. 64-03, FY 2004 Budget Adoption, transferring $1,721,226.00 from the General Fund (Prior Year Surplus) to the General Construction Fund. The caption of Resolution No. 15-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 64-03 ADOPTED SEPTEMBER 23, 2003, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2003/2004, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2003/2004; TO REPEAL ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 15-04 is on file in the City Clerk's office.) Joseph Safford, Finance Director, stated in the General Construction Fund for this year and last year there is $1,721,226.00 worth of projects that have either been constructed or will be constructed and the revenue source is assessment funds. He stated once the assessment roll is passed, the City gives people who are on the assessment roll ten years to pay; however, he cannot use this to upfront the cost of the project. Therefore, Mr. Safford stated $1,721,226.00 is being transferred from the General Fund prior year surplus to fund those projects and once the assessments have been received, the General Fund will be reimbursed. The City Manager stated the projects were the Seacrest Del-Ida improvements and the Pineapple Grove Way project. The City Manager stated the Seacrest Del-Ida assessment is delayed because the project has taken longer then anticipated. -21 - 03/11/04 Ms. McCarthy inquired about the timeframe of how long people will be permitted to pay the assessment and asked whether or not the projects will take ten years to complete. Mr. Safford stated the projects will be done upfront and with regard to the assessment people are given up to ten years to pay although most do not take the entire ten years to pay. Ms. McCarthy moved to approve Resolution No. 15-04, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oHo SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD (SCRWTDB) RENEWAL AND REPLACEMENT RESERVE ACCOUNT: Discuss the difference in balances in the SCRWTDB Renewal and Replacement Reserve between the City of Delray Beach and Boynton Beach. Joseph Safford, Finance Director, stated the reserve account at the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) is jointly held by the City of Boynton Beach and the City of Delray Beach. Mr. Safford stated prior to a few months ago each city held their own bank accounts and over a period of twenty years the City of Boynton Beach earned more interest on their money than the City of Delray Beach. Mr. Safford stated recently the SCRWTDB requested that the reserve funds be sent back to them and they will hold the money in their bank. Mr. Safford stated a question arose asking "Why is there a difference between the City of Delray Beach and the City of Boynton Beach?" Brief discussion followed by the Commission and Mr. Safford. Mr. Safford stated the City of Delray Beach did a monthly calculation on the interest earnings for a 20 year period and the City of Boynton Beach does this on an annual basis. He stated in the 1990's there was a requirement to spend $1.5 million on the Odor Abatement Project and the City of Delray Beach issued a check whereas the City of Boynton Beach did not issue a check until approximately two years later. He stated the City of Boynton Beach paid the Odor Abatement Project from other city funds. Mr. Safford stated the funds were calculated in a certain manor, checked by the auditors and the SCRWTDB, and they agreed with Delray's methodology in the calculation of interest. He stated in the past the City of Delray Beach has supported 50% of the Reclaimed Water Project and at the current time this is in the City of Boynton Beach serving their golf courses. Therefore, the City of Boynton Beach will reimburse the City of Delray Beach its 50%. It was noted that this item is for informational purposes only and does not require a vote by the City Commission. 9.I~ PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT.'. Discuss the proposed financial assistance agreement with the Palm Beach County Board of County Commissioners for roadside beautification improvements - 22 - 03/11/04 to Lake Ida Road. The City Manager stated when Lake Ida Road was widened the residents of Rainberry Bay requested additional landscaping to buffer the road. The City Manager stated the County has a program where they will allow $3.50 lineal foot to be matched by the City for additional landscaping. If the City accepts the money from the County then the City becomes obligated to maintain this area in the future as well as other conditions that will add to the cost. The City Manager stated he believes the additional maintenance costs are far more than what the City would receive from the County. Therefore, staff recommends that the City of Delray Beach not accept the agreement with the County, complete the project with its own funds and check with Rainben'y Bay to ensure they are willing to maintain the area. Mr. Costin moved to approve to reject the proposed financial assistance from Palm Beach County for roadside beautification improvements to Lake Ida Road, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.J. ENGINEERING CONSULTING AGREEMENTS: Consider approval of seven (7) Engineering Consultant Agreements between the City and Mathews Consulting, Inc.; Hazen & Sawyer, PC; CH2M Hill; Lawson, Noble & Webb, Inc.; Kimley-Hom & Associates, Inc.; Keith & Schnars, P.A.; and McMahon & Associates for engineering consulting services. Mayor Perlman passed the gavel to Vice Mayor Levinson and left the dais. Richard Hasko, Director of Environmental Services, stated the consultants were evaluated in three (3) disciplines: General Civil, Environmental, and Traffic & Traffic Calming. Staff recommends that contracts be awarded to the firms ranking one through six in General Civil and one in Traffic & Traffic Calming. Mr. Hasko stated staff recommends approval of seven (7) Engineering Consultant Agreements between the City and Mathews Consulting, Inc., Hazen & Sawyer, PC, CH2M Hill, Lawson, Noble & Webb, Kimley-Hom & Associates, Keith & Schnars, P.A. and McMahon & Associates for engineering consulting services. Mr. Costin moved to approve the list of the seven (7) Engineering Consultants as presented by staff, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. REQUEST FOR PERMITfWAITER SERVICE/DELRAY BEACH MUNICIPAL BEACH: Discuss a request for a permit to allow "Waiter Services" on the Municipal Beach. At this point, Mayor Perlman returned to the dais. - 23 - 03/11/04 The City Manager stated he is asking for direction from the Commission and noted the City Attorney has pointed out that if this is considered a use or a concession, then it is prohibited under the Comprehensive Plan. If however, this is considered a service, then it would not be prohibited. The City Manager expressed concern over the additional garbage and trash on the beach that may be generated if this type of service were to be implemented. Mr. Levinson stated although he feels this service would provide some uniqueness, he is also concerned that this could potentially create an animal and bug problem. Mr. Levinson suggested that the Parks and Recreation staff talk to other cities to see whether or not they provide these types of services, how they control garbage, and what they do about food on the beach. Mrs. Archer stated although she agrees with Commissioner Levinson's comments she sees this as a concession. In addition, Mrs. Archer stated she does not feel this is something the city would like to deal with because it does not fit into the criteria. Mr. Costin stated he would like to hear more about how other communities are handling this and expressed concern over how the refuse would be handled. Ms. McCarthy stated she does not support allowing waiter services on the municipal beach and expressed concern over the garbage. Ms. McCarthy stated the beach is beautiful and well maintained and feels there are plenty of restaurants in close proximity to the beach. Mayor Perlman concurred with Commissioner Archer that this is a concession. He expressed concern over trash, ants, and bugs and if alcoholic drinks are served how the City would be able to control this. Mayor Perlman stated he foresees this as an enforcement nightmare and very problematic. It was the consensus of the Commission to not allow waiter services on the municipal beach. 9.L. DAVIS CUP TIE: Consider approval of an agreement with the United States Tennis Association (USTA) for the 2004 Davis Cup Tie to be held April 9-11, 2004. Brian Shutt, Assistant City Attorney, stated with regard to the lighting, the foot candles are being reduced from 150 to 120. In addition, Mr. Shutt stated the USTA has entered into an agreement with the Marriott and this agreement has been executed. Mayor Perlman announced he and Brahm Dubin were at the Tourist Development Council meeting this morning and secured an agreement for Palm Beach County to give the City of Delray Beach $40,000 toward the event and stated this will help to offset the costs. ~ 24 - 03/11/04 Mr. Levinson moved to approve an agreement with the United States Tennis Association (USTA) for the 2004 Davis Cup Tie to be held April 9-11, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Peflman - Yes. Said motion passed with a 5 to 0 vote. 9.M. GOLF CART USE/PUBLIC HIGHWAYS: Discuss the use of golf carts on public highways. Brian Shutt, Assistant City Attorney, stated in order for the City to allow golf carts, the City would need to designate the roadways that the golf carts would be used on (i.e. City or County roadway only) because the City does not have jurisdiction over the State roadways. In addition, Mr. Shutt stated the City would also have to put up some type of signage to alert the public that golf carts can be used on these roads. Mr. Shutt stated pursuant to Florida Statute 316.212 a municipality may authorize golf cart use on a city street in accordance with the eight (8) restrictions as listed in the City Attorney's memo. Mayor Perlman stated approximately two months ago he was approached by several people from the Lake Ida neighborhood and people who operate businesses that are interested in taking a golf cart to work instead of a car. Mr. Levinson stated he would like the Police Department to do more research on this and he feels this is a great idea if it can be done safely. Brief discussion followed between the Commission and the City Attorney. The City Attorney explained that Atlantic Avenue is a State road. Mrs. Archer stated she is strongly opposed to the use of golf carts at this time because of the current state of traffic and parking. Mrs. Archer stated she would not be opposed to reviewing the possibilities to see how the City would proceed but reiterated that at this time she cannot support this because she does not feel there are enough parking spaces, the City has not developed the parking garages, and the traffic is out of sight. She stated she feels this would be a policing nightmare and that it would be too difficult to control. Mr. Costin stated he is surprised at the lack of restrictions that the State places on the golf carts. He stated the law does not enable the City to place any further restrictions from what the State requires on any of these vehicles. One of those being that the owners of the vehicles carry liability insurance and the City of Delray Beach could not impose that restriction on allowing golf carts in the community. He also expressed concern over the age of people who would be driving the golf carts particularly at dusk and concurs with Commissioner Levinson's suggestion that the Police Department do more research on this issue before the Commission decides to take any action. - 25 - 03/11/04 Ms. McCarthy expressed concern that the City would not be able to require that the golf carts be registered or that they have permits. In addition, she expressed concern over the potential damage to the golf carts, who would be responsible for the liability, and what the limitations would be. Robert Toth, (unable to obtain address), supports the use of golf carts on public highways and stated this is designed to help alleviate the parking and traffic issues. He stated Delray Beach has become so transient and in his opinion these people are utilizing all the parking spaces. Mr. Toth stated this is an excellent way to showcase the All America City. The City Attorney stated the City of Delray Beach would not be able to do the things that Mr. Toth has suggested because this would be additional to the requirements of the Florida Statute. According to the Attorney General, municipalities may not place restrictions on golf carts if allowed to operate on certain streets. Brief discussion followed by the Commission. George Brewer, 204 N.W. 9th Street, Delray Beach, stated he has owned a golf cart for approximately two years and uses it every chance he can because of the parking issue. He urged the Commission to consider the possibility ora pilot program. After brief discussion, the Commission gave direction to the City Attorney and the City Manager to: (1) check with the legislature on current legislation, (2) check further with other cities that have this program, and (3) ask the Police Department to do more research. 9.N. REGULATION OF SOLICITORS AND PEDDLERS: Discuss the proposed draft ordinance regarding thc regulation of solicitors and Peddlers. The City Attorney stated staffwould like to bring the ordinance regarding solicitors and peddlers up-to-date. The City Manager stated the main reason this item is being placed on the agenda is because the Commission had specific concerns about some peddler operations in the City particularly ice cream trucks. Mr. Costin asked what the concern is with the ice cream vendors. Mr. Levinson stated he had received a request from the President of the Southwest Neighborhood Council and the President's Council because there was a concern for the safety of the children when the ice cream trucks were out during the evening hours. -26 - 03/11/04 Mrs. Archer suggested that the Commission may want to consider dusk. The City Attorney stated this would be easier to enforce with a time certain. Mr. Costin agrees with the City Attorney and stated perhaps there should be winter hours and summer hours because of daylight savings time. Mr. Levinson suggested that the City Attorney look to see if there is a way to control someone coming to your door and soliciting as opposed to driving around and having customers come to them. The City Manager stated someone soliciting in the street is different then someone going to properties (vending in the streets versus pulling over to the curb). Ms. McCarthy stated in some of the multi-family complexes there are signs posted "No Soliciting" and people go in and leave handbills to advertise for sale of goods or services. Ms. McCarthy stated this is not only a violation but a safety hazard as well because with these papers hanging out of people's door is an indicator as to who is home and who is not. Ms. McCarthy asked if this has been addressed on page 3 of the ordinance. The City Attorney stated this is addressed on page 4 of the ordinance, Section 118.02 - Prohibited Acts (v) "On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property;". Ms. McCarthy asked what the individual can do that has been violated. The City Attorney made reference to Section 188.15 - Violations and Penalty of the ordinance and stated that the general enforcement mechanisms would apply. Mr. Levinson stated he would like to make sure that this ordinance and the handbill ordinance are consistent. Mr. Costin inquired about the length of time a permit is issued and asked if something can be put in the ordinance to regulate the specific time when permits are issued. The City Attorney suggested that the words "provided not longer than one year" (or whatever the time is) be added to Section 118.09 - Permit Expiration of the ordinance. Mr. Costin asked if there are situations where the City could issue temporary permits for a thirty (30) day period. The City Attorney stated this can be done; however, in no case longer than six months or whatever time is reasonable. Mrs. Archer asked if health inspections are required for food service peddlers because she is primarily concerned with people peddling in the streets. The City Manager stated he believes they would have to have a Health Department permit as well as a permit from the City. The City Attorney stated this is part of the County process; however, this could be a condition of the permit that the vendors provide the City with other permits as may be required by law. - 27 - 03/11/04 9.0. PROPOSAL FOR SETTLEMENT IN CORAL TRACE v. CITY OF DELRAY BEACH: Consider a Settlement in Coral Trace v. City of Delray Beach and authorize the City Attorney's Office to review and file all documents required to conform to the settlement. The City Attorney presented the 12 steps of the settlement as outlined in her memo dated March 3, 2004. Mr. Levinson moved to approve the proposed settlement in Coral Trace v. City of Delray Beach as outlined in the City Attorney's memorandum dated March 3, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.Po APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint one (1) member to the Planning and Zoning Board for an unexpired term ending August 31, 2005. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he wished to appoint Charles Walker as a member to the Planning and Zoning Board for an unexpired term ending August 31, 2005. Mr. Costin so moved, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.Q. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two (2) regular members to the Nuisance Abatement Board for a two year term ending March 31, 2006. Based upon the rotation system, the appointments will be made by Commissioner Costin (Seat #1) and Commissioner Archer (Seat #2). Mr. Costin moved to appoint Susan Kay as a regular member to the Nuisance Abatement Board for a two year term ending March 31, 2006, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to reappoint Joe Williams as a regular member to the Nuisance Abatement Board for a two year term ending March 31, 2006, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: None. - 28 - 03/11/04 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission. 13.C.1. Mrs. Archer Mrs. Archer commented about the construction near the seawalls across the street from Mallory Square on S.E. 6th Avenue (Northbound) and stated she has received some complaints from residents who have said approximately 30-90 days have passed by without any construction being done. In addition, Mrs. Archer stated some residents have inquired about the timetable of the project. Mrs. Archer stated because of the new construction across from Mallory Square all of the contractors and workers are parking along S.E. 6th Avenue (Northbound). Mrs. Archer stated as someone comes out of S.E. 3T° Street onto S.E. 6th Avenue (Northbound) you can only make a right hand turn and commented that with all the vehicles parking there, it is impossible to see the traffic. Mrs. Archer expressed concern over this being a safety issue and suggested that this be looked into. 13.C.2. Commissioner Costin Mr. Costin stated he had the pleasure of attending Palm Beach County Day and it was a very nice experience. Secondly, Mr. Costin stated he also had the opportunity to attend the Soul of Delray and everyone had a good time. He commented about an article in the Sun Sentinel News dated March 5, 2004 entitled "20 and 30 Something Set Living Large in Pricey Urban Condo". Mr. Costin stated the article explains how many young professional people are moving to Delray Beach and this is the kind of lifestyle they are looking for. Mr. Costin stated he was driving along Congress Avenue at Linton Boulevard at approximately 4:15 p.m. and commented it took him five changes of signals to get through the intersection at Linton Boulevard because the intersection was blocked and the traffic was not moving off Congress Avenue. Mr. Costin asked that the City Manager give direction to the Police Chief to look into this matter. - 29 - 03/11/04 13.C.3. Commissioner McCarthy Ms. McCarthy stated the Soul of Delray was a wonderful experience. In addition, Ms. McCarthy stated she attended the C.E.R.T. (Citizen Emergency Response Team) picnic and commented many people were happy and very receptive. Secondly, Ms. McCarthy stated she attended the funeral for Mary Hooks in West Palm Beach and it was well attended. Also, Ms. McCarthy stated the City of Riviera Beach had a proclamation for Ms. Hooks. She stated while she was driving east on S.W. l0th Street where the Walgreen's Drag Store abuts Northbound Federal Highway, she noticed the hedges to the east of Walgreen's Drug Store are too high and these hedges in addition to the utility easement box block the visibility. She feels a driver is almost forced to move forward until the front of the car is in the Northbound Federal Highway lane in order to see when it is safe to make the left hand turn. Mr. Levinson stated this situation is currently in the process of being resolved. 13.C.4. Commissioner Levinson Mr. Levinson stated he too read the article in the Sun Sentinel News dated March 5, 2004 and after reading the article he feels that what makes Delray Beach successful is the variety of products available. Secondly, Mr. Levinson stated he enjoyed Palm Beach County Day in Tallahassee and feels there were some good meetings in the Legislature. He commented about the C.E.R.T. picnic and the Soul of Delray. 13.C.5. Mayor Perlman Mayor Perlman stated the Florida Trend Magazine awards the Golden Spoon Award to the top restaurants in the state every year. Mayor Perlman stated "32 East" was named one of the top 20 restaurants in the State of Florida and "Sol Kitchen" was named one of the top 20 new restaurants in the State of Florida. Mayor Perlman stated the magazine calls Atlantic Avenue "Delray Street of Eats". Secondly, he stated he had the opportunity to attend "Read to Me Day" for one of the first grade classes at Trinity to celebrate Dr. Seuss month. Mayor Perlman stated he has agreed to co-chair the local effort to raise money for college scholarships for the United Negro College Fund (UNCF). Mayor Perlman stated he had the opportunity to speak at Abbey Delray North and commented former Mayor Scheifley (1972-1978) lives in Abbey Delray. - 30 - 03/11/04 Mayor Perlman stated he enjoyed the C.E.R.T. picnic and he is very pleased with the growth of the program because they are now at 250 members. He stated the program is receiving attention statewide and commented Dan Burns secured six rides on the Goodyear Blimp which were raffled off. Mayor Perlman commended the Fire- Rescue Department for a job well done. Mayor Perlman stated the Soul of Delray was well attended and noted that the crowd was very integrated. There being no further business, Mayor Perlman declared the meeting adjourned at 8:40 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 March 11, 2004, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -31 - 03/11/04 MARCH 16~ 2004 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, March 16, 2004. Roll call showed: Present - Absent - Also present were - 22-04. Commissioner Patricia Archer (arrived at 6:18 p.m.) Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman None David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, Deputy City Clerk The opening prayer was delivered by Nancy Norman with Unity of Delray Beach. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mayor Perlman noted some revised information for Item 12.A., Ordinance No. Mr. Costin moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. APPROVAL OF MINUTES: None. PROCLAMATIONS: 6.A. Recognizing and commending Johnny Haynes - Parks Maintenance Division - Parks and Recreation Department Employee of the Year for 2003~ and Jo Wagenhals - Ocean Rescue Division and Gail Vanhove - Administration/Recreation Division as Parks and Recreation Top Employees of the Year 2003 Mayor Perlman read and presented a proclamation hereby recognizing and commending Johnny Haynes, Parks and Recreation Employee of the Year 2003 for his dedication and service to the community of Delray Beach and the Parks and Recreation Department. In addition, Mayor Perlman recognized and commended Jo Wagenhals and Gall Vanhove, Parks and Recreation Top Employees of the Year 2003 on a job well done for the Parks and Recreation Department and the City of Delray Beach. Joe Weldon, Director of Parks and Recreation, introduced Gail Vanhove, Jo Wageuhals and Johnny Haynes and presented each of them with a plaque and a check. The recipients came forward to accept their proclamations, plaques and checks. 6,8, Commending multiple medal winners - Delra¥ Beach 2004 Senior Games Mayor Perlman read and presented a proclamation hereby proclaiming that the following individuals are to be commended for their many triumphs in this competition, and for their spirit and enthusiasm. Danielle Gallo, Recreation Supervisor III/Marketing for the Parks and Recreation Department, came forward to accept the proclamations for the following Senior Games Winners: Loring Holmes - 10 gold medals in swimming; Ann Schmidt - 9 gold medals in swimming; Raymond Lebowitz - 5 gold medals in track and field; George McNeil - 5 medals (4 gold and 1 silver) in track and field; Jose "Tony" Santana - 5 medals (4 gold and 1 silver) in track and field; Ed Rangel - 5 medals (3 gold in track and field and 2 gold in basketball skills); Raymond Bowles - 5 medals (3 gold and 2 silver) in swimming; Justin Langsner - 5 medals (2 gold in track and field, 1 gold and 1 silver in basketball skills, 1 gold in golf); Vivian Stirpe - 4 medals (1 gold in table tennis, 3 gold in swimming); David Shumaker - 4 gold medals in swimming; Martin Quinn - 4 medals (3 gold and 1 silver) in track and field; Jacob Robinson - 4 medals (2 gold and 1 silver in track and field, 1 gold in tennis); 6oC. Macular Degeneration Awareness Week - March 21-27~ 2004 Mayor Perlman read and presented a proclamation hereby proclaiming March 21 through March 27, 2004 as Macular Degeneration Awareness Week in the City of Delray Beach, Florida. Ronnie Osinoff, Chairperson and Micki Mele, Co-Chairperson from the Foundation for Fighting Blindness came forward and accepted the proclamation. -2- 03/16/04 RESENTATIONS: 7.A. 15th Annual Del-Aire/Delra¥ Citizens for Delray Police - Charities Golf Tournament to benefit Delray Beach Fire Rescue and Police Departments - Perry DonFrancisco Perry DonFrancisco, President for Delray Citizens for Delray Police, stated the Del-Aire community has raised funds for the City of Delray Beach for nearly 15 years and these funds will help both the Fire-Rescue Department and the Police Department to purchase equipment that will continue to save lives that otherwise would not have been able to be purchased. Mr. DonFrancisco stated the residents of Del-Aire are very proud of what they have accomplished. Harvey Lurvey, Co-Chair of the Charity Golf Tournament, recognized and commended Ivan Ladizinsky, Bill Wood, and Marjorie Ferrer for all their help. Mr. Lurvey presented the Delray Beach Police Department and the Delray Beach Fire-Rescue Department with a donation in the form of a check. Kerry Koen, Fire Chief, stated this money will be used to purchase a rescue boat and trailer and will also allow the Fire-Rescue Department to get the dive team in safer position in the event of a water rescue. Chief Koen stated the Fire-Rescue Department is very appreciative for the generosity of the Del-Aire residents and commented this has been a tradition for many years. Larry Schroeder, Police Chief, stated the money will be used for a computer forensic lab in the Police Department to help expedite solving crimes that are technical in nature. On behalf of the Police Department, Chief Schroeder expressed sincere appreciation for this donation. On behalf of the entire City and the City Commission, Mayor Perlman stated they are so proud and appreciative of everything the Del-Aire residents have done for the City of Delray Beach. 7.8. Emolovee Sueeestion Award to Jim Finle¥~ Police Officer Larry Schroeder, Police Chief, introduced Officer Jim Finley who suggested that the towing contract for the Police vehicles include a flat rate of $40.00 for flat tires and for new batteries. Chief Schroeder presented Officer Finley with a check in the amount of $550.00 for his suggestion. 7. C. "Spotlight on Education" - Mary Stratos~ Principal at Carver Middle School Mary Stratos, Principal at Carver Middle School, stated both the teachers and the students have worked very hard and received a 99.6% participation rate for the FCAT testing. She stated this is very important with the "No Child Left Behind Act" and commented that each - 3 - 03/16/04 school must have above 97%. Ms. Stratos stated she is working at making Carver a premier middle school for the City of Delray Beach and she is keeping Janet Meeks, Education Coordinator, abreast of every initiative that Carver is instituting. Ms. Stratos stated she is also looking to have an IB Program in order to incorporate more science, technology, and art and is working at raising the standard bar for the children. Ms. Stratos stated 65 students have been inducted into the National Junior Honor Roll Society and the goal for next year is 125 students. She stated the girl's basketball team has made it to the district championships and the boy's basketball team has made it to the semi- finals. Ms. Stratos stated she is looking to initiate a Summer Literacy Program and is working diligently to raise money for summer camp that would be free to the students who attend Carver Middle and on May 23, 2004, The Hamlet will assist by sponsoring a Gala for Literacy Development. Lorraine Fritz, Carver Middle School, stated the curriculum for the International Baccalaureate Program (IB) not only raises the standard bar for the students but when they complete the program at the end of Atlantic High School, the students are at least one full year of college ahead of their peers. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL BOUNDARY PLAT APPROVAL/PINEAPPLE GROVE BUILDING: Approve the boundary plat for the Pineapple Grove Building, located on the northwest comer ofN.E. 2nd Avenue (Pineapple Grove Way) and N.E. 2nd Street. 8.B. ACCEPTANCE OF EASEMENT DEED AND AGREEMENT FOR SIDEWALK IMPROVEMENTS/JOHN REMUS SERVICES: Approve and accept a five (5) foot easement deed and approve a 151.67 foot sidewalk deferral agreement between the City and John Remus Services for S.E. 2nd Avenue (southwest comer of S.E. 2nd Street and S.E. 2nd Avenue). 8.C. RIGHT-OF-ENTRY AGREEMENT/SEACREST/DEL-IDA PHASE IV: Approve the Right-of-Entry Agreement for 118 N.E. 16th Court to allow the City or its contractors to enter onto the owner's property and modify the driveway for the construction of the splitter island. 8.D. RESOLUTION NO. 2%04: Approve Resolution No. 27-04 urging the United States House of Representatives and Senate to continue to support beach renourishment projects. The caption of Resolution No. 27-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA URGING THE UNITED STATES HOUSE OF REPRESENTATIVES AND SENATE TO CONTINUE TO SUPPORT BEACH RENOURISHMENT PROJECTS AND REJECT ALL EFFORTS TO WITHDRAW OR LIMIT THE FEDERAL GOVERNMENT ROLE IN THIS ENVIRONMENTAL AND ECONOMIC RESOURCE. -4- 03/16/04 (The official copy of Resolution No. 27-04 is on file in the City Clerk's office.) 8.E. SERVICE AUTHORIZATION NO. 32/DAVID MILLER & ASSOCIATES~ P.A.: Approve Service Authorization No. 32 to David Miller & Associates, P.A. in the amount of $15,500.00 for consulting services in developing preliminary analysis and report preparation for the City Hall Space Study Project. Funding is available from 334-6112-519-31.30 (General Construction Fund/Engineering & Architectural). 8oFo CANCELLATION OF CONTRACT {SAVEMORE UNDERGROUND & ELECTRICAL SUPPLY CO.)/AWARD OF CONTRACT (FERGUSON WATER WORKS/MELROSE SUPPLY/LEHMAN PIPE & SUPPLY/ NATIONAL WATERWORKS): Approve cancellation of the contract with Savemore Underground & Electrical Supply Co. for furnishing of pipe fittings and accessories due to withdrawal of bid; and award of contracts to Ferguson Water Works, Melrose Supply, Lehman Pipe & Supply, and National Waterworks, second lowest bidders, for the items. Funding is available from various departmental operating budgets. SPECIAL EVENT REQUEST/2004 EXCLUSIVE SPORTS MARKETING VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2004 Exclusive Sports Marketing Volleyball Tournament to be held at the municipal beach on April 24 and 25, 2004. 8.H. SPECIAL EVENT REQUEST/EASTER SUNRISE SERVICE: Approve a request for special event approval to allow the Easter Sunrise Service to be held April 11, 2004 from 5:30 a.m. until 7:30 a.m., including a temporary use permit per LDR Section 2.3.6(H) for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar, the use of the pavilion, staff support for traffic control, barricading, and EMS assistance on behalf of the Delray Beach Clergy Association. 8.I~ DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for two (2) eligible applicants/families in the amount of $19,235.00 for new construction on N.W. 4th Avenue and $10,600.00 for 819 S.E. 3rd Avenue. This brings the number to 158 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554- 49.20 (Home Owner Subsidy). 8.J~ REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 8, 2004 through March 12, 2004. AWARD OF BIDS AND CONTRACTS: Purchase award to PVS Technologies, Inc. in the amount of $91,000.00 via the Broward County Bid #CX01244B1 for ferric chloride for use in the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). -5- 03/16/04 Purchase award to Otto Industries Systems in the amount of $21,930.00 for the purchase of garbage carts with lids as a sole source purchase. Funding is available from 433-3711-534-49.35 (Sanitation/Cart Renewal and Replacement). Contract award to PureAir Control Service, Inc. in the amount of $78,121.00 via the State of Florida SNAPS Agreement #9732149-3 for an environmental clean-up of the air conditioning system at the Police Department. Ftmding is available from 334-3162-541-46.10 (General Construction/Building Maintenance). Mr. Levinson moved to approve the Consent Agenda, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. WAIVER REQUEST/LOT DIMENSION: Consider a request to waive Land Development Regulations (LDR) Section 4.3.4(K) to reduce the lot frontage, lot width, and lot size for a proposed lot, located near the northeast comer of S.W. 7th Avenue and S.W. 3rd Street. (Quasi-Judicial Hearing) Due to a conflict of interest, Mayor Perlman stepped down and passed the gavel to Vice Mayor Levinson. Vice Mayor Levinson read into the record the City of Delray Beach procedures for conducting a Quasi-Judicial Heating for this item. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Vice Mayor Levinson asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-134 into the record. Mr. Dorling stated the subject property consists of 5 platted lots; that are 25' wide by 106.04' deep and one lot that is 31.46' wide by 106.04' deep. The proposed comer lot will measure 81.46' wide by 106.04' deep and is conforming to code. The proposed interior lot will measure 50' wide by 106.04' deep which will not comply with the R-1-A (Single Family Residential) zoning district lot standards. Mr. Dorling stated as per LDR Section 4.3.1(D), the City Commission has the authority to grant relief of the following standards: LDR Section 4.3.4(K) (Development Standards Matrix): -6- 03/16/04 Reduction of required lot frontage from 60 feet to 50 feet; and, Reduction of required lot width from 60 feet to 50 feet; and, Reduction of required lot size from 7,500 sq. ft. to 5,300 sq. ft. Mr. Dorling stated pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4 unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such nonconformity. Staff recommends approval of the waiver request. The applicant came forward and gave a brief presentation: Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA) stated the CRA is requesting the waiver in order to build two affordable homes on this property and under the current code only one home is allowed. Vice Mayor Levinson stated if anyone from the public would like to address the Commission regarding the waiver request, to please come forward at this time. Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delray Beach (representing the President's Council), urged the Commission to consider Carver Square before changing anything on the lots. Patricia Nelson, 305 S.W. 7th Avenue, Delray Beach, stated she lives in the surrounding area which in her opinion is a dump and unsafe. Ms. Nelson stated the big machinery used by the engineering firm caused her home to vibrate and crack. She asked what the CRA is paying the engineering firm to process these tests and inquired as to what the City is going to do about it. Alice Finst, 707 Place Tavant, Delray Beach, stated she has been a member of the NW/SW Management Team and one of the things they have discussed in regards to revitalizing the neighborhoods has been opening up the alleys. Mrs. Finst stated with regard to the parcel of land that is being divided, the houses will not back onto the alleys but will be parallel to the alleys. Mrs. Finst stated if the Commission decides to divide these lots she feels they should be sensitive to the ideas of alley access because it will get the parking off the street. Mrs. Finst suggested that instead of having to remove and compact the land, the Commission may want to consider this property for a neighborhood park. Mrs. Finst suggested if the Commission does agree with this, that the lots be reoriented so there will be alley access to comply with the discussion about projects on the Northwest/Southwest Management Team. Ms. Colonna stated the CRA has no intention of building on property that is unsafe and emphasized she would not want to create the same situation as like with Carver Square. Ms. Colonna stated as like the Carver Square properties, the CRA has hired an engineering firm to perform studies and soil tests. Ms. Colonna stated some of the private lot owners have already had the testing completed and have talked about ways to remediate the problems with the soil; and if there is a way to build on the property safely and feel secure that -7- 03/16/04 there will not be structural problems in the future, then the CRA will pursue this. Ms. Colonna stated if not, then the CRA will consider the idea of a park. Ms. Colonna stated the reason the CRA oriented the lots the way they are is because you can still have rear access (i.e. access off the alley to a garage in the rear and the other can take access off of S.W. 7th Avenue to a garage in the rear). Ms. Colonna stated if the lots were oriented differently then these two lots would have been non-conforming. Mr. Costin inquired as to whether or not staff tried to equalize the lot sizes. In response, Mr. Dorling stated as Ms. Colonna indicated if this were done then there would be two non-conforming lots. Ms. McCarthy inquired about the additional square footage in the comer lot because it incurs additional setbacks as well. In response, Mr. Dorling stated the rationale for having larger size lots in the comer is because there is a side street setback and front setback which are greater than an interior lot. Ms. McCarthy inquired whether or not metal machines are being used for the soil bearings that may cause some disruption or vibration. Ms. Colonna stated she believes this is a type of instrument which is inserted into the dirt (to the core) and then they look at the condition of the soil. Ms. McCarthy asked if the engineering firm was made aware of the situation the City was dealing with in the area. Ms. Colonna stated the engineering firm is very much aware and noted that Mike Simon, Development Manager, has met with everyone in the Carver Square area and has arranged for these tests. Pr/or to the vote, Ms. McCarthy stated she will vote in favor to support the lots being divided because she believes whatever report is provided to the CRA from the engineering firm that the CRA would be sensitive and not put another house on the land if the land is not safe. Mrs. Archer moved to approve the waivers to LDR Section 4.3.4(K) (Development Standards Matrix) to reduce the lot frontage, lot width and lot size for a proposed lot to the dimension as noted in the Planning and Zoning Staff Report, based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D) subject to the condition that a Declaration of Unity of Title be executed and recorded and a survey filed showing the recombination of the lots, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.B. RESOLUTION NO. 26-04: Consider approval of Resolution No. 26-04 authorizing the Community Redevelopment Agency (CRA) to acquire fee simple title by gift purchase or eminent domain for property needed for Old School Square expansion, including additional parking. The caption of Resolution No. 26-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH -8- 03/16/04 COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (The official copy of Resolution No. 26-04 is on file in the City Clerk's office.) Commissioner Costin declared a conflict of interest and left the dais. Due to a conflict of interest, Mayor Perlman stepped down and passed the gavel to Vice Mayor Levinson. Mrs. Archer moved to approve Resolution No. 26-04, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 3 to 0 vote. At this point, Commissioner Costin returned to the dais. 9.C. RESOLUTION NO. 17-04 (CRA REDEVELOPMENT REVENUE BONDS): Consider approval of Resolution No. 17-04 authorizing the Community Redevelopment Agency of the City of Dclray Beach to issue Redevelopment Revenue Bonds not to exceed $12,000,000. The caption of Resolution No. 17-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (THE "AGENCY") TO ISSUE TAX INCREMENT REDEVELOPMENT REVENUE BONDS, IN ONE OR MORE SERIES (THE "BONDS"), IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED TWELVE MILLION DOLLARS ($12,000,000) UPON TERMS HEREINAFTER DESCRIBED; AUTHORIZING THE PROPER OFFICIALS OF THE CITY TO DO ALL OTHER TH1NGS NECESSARY TO ASSIST THE AGENCY IN THE ISSUANCE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 17-04 is on file in the City Clerk's office.) Due to a conflict of interest, Mayor Perlman stepped down and passed the gavel to Vice Mayor Levinson. Diane Colonna, Executive Director of the CRA, stated this is a request to enable the CRA to issue approximately $12,000,000 in revenue bonds, $I0,000,000 of which will be new money and $2,000,000 is to refinance existing debt. She stated the purpose is to take advantage of the low interest rates and be able to accelerate some of the CRA projects particularly with implementing the Downtown Plan and the Southwest Plan. In addition, Ms. -9- 03/16/04 Colonna stated some of the money will be used for acquisition of properties including the Carver Square properties. Ms. McCarthy inquired about the dollars for the bond and asked if this is going to help with the implementation of the Southwest Plan. Ms. Colonna stated this will help in terms of land acquisition for parks or for affordable housing opportunities. Ms. McCarthy asked Ms. Colonna if the neighborhood that has helped develop the plan is aware of the fact that this is one of the reasons for the bonds. Ms. Colonna stated she does not know if they are aware or not. Ms. McCarthy asked what the cost would be to an individual homeowner if passed. Ms. Colonna stated there is no cost to the homeowner and this will come from projected revenues. Mr. Levinson stated he spoke to the SW Neighborhood Council President and the NW Neighborhood Council President and they are aware of the refinancing to make sure that it is accelerated as opposed to waiting for the TIF (Tax Incremental Funds) money to come in annually. Mrs. Archer moved to approve Resolution No. 17-04, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9oDo AMENDED AND RESTATED LEASE AGREEMENT/LAKE IDA PARK: Consider approval of the amended and restated lease agreement between the City and Palm Beach County to extend our current lease for an additional ten (10) years to be eligible for a Florida Recreation Development Assistance Program (FRDAP) grant for playground equipment at Lake Ida Park (11th Street). At this point, Mayor Perlman returned to the dais. Joe Weldon, Director of Parks and Recreation, stated the Florida Recreation Development Assistance Program (FRDAP) is requesting the City and Palm Beach County to extend the current lease agreement for an additional ten (10) years. Mr. Levinson inquired as to whether or not this lease agreement should extend beyond the (10) years. Mr. Costin moved to approve the amended and restated lease agreement between the City of Delray Beach and Palm Beach County to extend the current lease for an additional ten (I0) years to be eligible for a FRDAP Grant for playground equipment at Lake Ida Park, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Costin - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.E. RESOLUTION NO. 20-04: Consider approval of Resolution No. 20-04 amending Resolution No. 88-97, Parking Management Advisory Board (PMAB), to provide for the Community Redevelopment Agency (CRA), Downtown Development Authority (DDA), Planning and Zoning Board (P&Z), West Atlantic Redevelopment Coalition (WARC), and the -10- 03/16/04 Chamber of Commerce to appoint an alternate member to the PMAB. The caption of Resolution No. 20-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 88-97 WHICH ESTABLISHED THE PARKING MANAGEMENT ADVISORY BOARD, AS SUBSEQUENTLY AMENDED BY RESOLUTIONS 10-98, 33-98 AND 63-00 BY AMENDING SECTION 3 PERTAINING TO MEMBERSHIP COMPOSITION TO PROVIDE FOR ALTERNATE MEMBERS TO BE APPOINTED FROM THE CRA, DDA, P&Z; WARC AND CHAMBER OF COMMERCE BOARDS; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 20-04 is on file in the City Clerk's office.) The City Attorney stated this resolution amends previous resolutions and provides for alternate members for the Parking Management Advisory Board for some of the positions. The City Manager commented that hopefully this will help with some of the attendance issues. Mr. Levinson moved to approve Resolution No. 20-04, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:55 p.m. the Commission moved to Item 12, First Readings. 12._:. FIRST READINGS: 12.A. ORDINANCE NO. 22-04: An ordinance amending Chapter 33, "Police and Fire Departments", Pensions, Section 33.70, "Direct Transfers of Eligible Rollover Distributions", providing a mechanism for the roll over of 457 and 401 funds where applicable. If passed, a public hearing will be scheduled for April 13, 2004. The caption of Ordinance No. 22-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.70, "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER -11- 03/16/04 DISTRIBUTIONS", PROVIDING FOR DIRECT ROLLOVER OF DISTRIBUTIONS FROM A QUALIFIED PLAN INTO THE FUND FOR THE PURCHASE OF AN ENHANCED MULTIPLIER; PROVIDING A SAVING CLAUSE; A GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Levinson moved to approve Ordinance No. 22-04 on FIRST Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 13-04: Consider approval of Resolution No. 13-04 providing for the transfer of real property to the Delray Beach Community Redevelopment Agency to be utilized for the Renaissance Housing Program. Prior to consideration of passage of Resolution No. 13-04, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 13-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED ALONG THE EAST SIDE OF S.W. 5TM AVENUE JUST NORTH OF S.W. 2N° STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY TO BE UTILIZED FOR THE RENAISSANCE HOUSING PROGRAM. (The official copy of Resolution No. 13-04 is on file in the City Clerk's office.) Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor Levinson. Vice Mayor Levinson declared the public hearing open. There being no one who wished to address the Commission regarding Resolution No. 13-04, the public heating was closed. -12- 03/16/04 Mrs. Archer moved to approve Resolution No. 13-04, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. At this point, Mayor Perlman returned to the dais. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. ll.B.1. Robert Finkel~ 317 Coral Trace Court~ Delray Beach~ thanked Mayor Perlman for apologizing to his wife. However, Mr. Finkel stated he would like to see in writing what was done with the interest from the Tare Property. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13~ COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manaeer. The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission. 13.C.1. Mrs. Archer Mrs. Archer had no comments or inquiries on non-agenda items. 13.C.2. Commissioner Costin Mr. Costin stated he attended the library fundraiser and feels it was very successful and well received by the community. He also stated that he really enjoyed the St. Patrick's Day Parade and commented that thousands of people attended. -13- 03/16/04 13.C.3. Commissioner McCarthy Ms. McCarthy stated she attended an awards presentation ceremony at Old School Square this weekend and commented she is continually amazed at all the people that make this city so special. 13.C.4. Commissioner Levinson Mr. Levinson stated the St. Patrick's Day Parade was very successful and commented that according to the Police Department the crowd was estimated at 20,000 people. He stated Edward Gallagher, Parade Coordinator, should be commended for organizing a good event. 13.C.5. Mayor Perlman Mayor Perlman commented about the St. Patrick's Day Parade and stated everyone did a good job. Mayor Perlman announced that Lyle Sumek will be here in May for the City's Goal Setting Sessions; and stated he spoke with the City Manager about scheduling next year's sessions with Mr. Sumek as soon as possible. In addition, Mayor Perlman stated he spoke to Marlene Brown who informed him that there is a "Read to Me Day" at Village Academy on Thursday morning from 8:30 a.m. - 10:00 a.m. With regard to the Davis Cup, Mayor Perlman stated Ivan Ladizinsky, Public Information Officer, has helped to arrange a commercial for the City to be taped on Thursday afternoon and shown on ESPN. Mayor Perlman announced that Tom Lynch is being honored by the Junior Achievement as a "Living Legend" on March 19, 2004 for his work in the community throughout the years, and suggested that a letter be sent to him from the Commission congratulating him for receiving this prestigious award. There being no further business, Mayor Perlman declared the meeting adjourned at 7:10 p.m. City Clerk - 14- 03/16/04 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 March 16, 2004, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -15- 03/16/04 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-~FIRST NAME~IDDLE NAME Perlman, Jeffrey Z. MAILING ADORESS 971 Delray Lakes Drive Delray Beach, Florida 33444 Palm Beach 3116104 Delray Beach City Commission THE SOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: City of Delray Beach WHO MUST FILE FORM 8B This form is for use by any parson serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Flodda Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a contiict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before completing the reverse side and tiling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special pdvate gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (locludir~ the parent organization or subsidiary of a corparete principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or cerparata shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the contiict; PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the parson responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) · A copy of the fofrn must be provided immediately to the other members of the agency. · The fo~m must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before parlicipating. · You must complete the form and tile it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read pubticiy at the next meeUng alter the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey Z. Perlman ,herabydisclosethaten March 16, (a) A measure came or will come before my agency which (check one) __ inured to my special p~ivate gain ur loss; __ inured to the special gain or loss of my business associate, X inured to the special gain or loss of my relative, D±ane Co lonna inured to the special gain or loss of whom I am retained; or __ inured to the special gain ur loss of is the parent urganizafion or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Diane Colonna, my wife, is director of the Community Redevelopment Agency (CRA). I have a conflict voting on items that directly affect the Community Redevelopment Agency. ,2004 : , which Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8l} - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME~IODLE NAME NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE Perlman, Jeffrey Z. Delray Beach City Commission 971 Delray Lakes Drive Delray Beach, Florida 33444 Palm Beach DATE ON WHICH VOTE OCCURRED 3/16/04 THE BOA,RD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~ CITY Q COUNTY [~ OTHER LOCAJ. AGENCY NAME OF POLITICAL SUBDIVISION: City of Delray Beach MY POSITION IS: WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting contiict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a contiict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and tiling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A pemon holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special pdvate gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special pdvate gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vota basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative" includes only the officer's father, mather, son, daughter, husband, wile, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-la-law. A 'business associate" means any person or entity engaged in or canying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the coq)oration are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain Eom voting in the situations described above, you otherwise may pa~ticipata in these matters. However, you must disctose the nature of the conflict before making any attempt to influence the decision, whether orally or in wiring and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and tile this form (before making any attempt to influence the decision) with the person responsible fer recording the minutes ofthe meeting, who will incoq~orato the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 't/2000 PAGE I APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other membem of the agency. · The form must be read publicly at the next meeting after the form is tiled. IF YOU MAKE NO A'I-rEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incoqx)rate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey Zo Perlman _, hereby disclose that on Hatch 16, (a) A measure came or will come before my agency which (check one) __ inured to my special private gain or loss; __ inured to the special gain or loss of my business associate, ~ inured to the special gain or loss of my relative, Diane Colonna __ inured to the special gain or loss of whom I am retained; or __ inured to the special gain or loss of is the parent organization or subsidia~/' of a principal which has retained me. {b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ,20 04 : ,which Diane Colonna, my wife, is director of the Community Redevelopment Agency (CRA). I have a conflict voting on items that directly affect the Community Redevelopment Agency. 3/16/04 DaB Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS Costin, Robert MAILINGADDRESS P.O. Box 2016 Delray Beach~ Florida Palm Beach DATE ON WHICH VOTE OCCURRED March 16, 2004 Delray Beach City Commission THE BOARD, COUNCIL, COMMISSION, AUTHO~fFY OR COMMITFEE ON WHICH I SERVE IS A UNIT OF: [~CITY ~1 COUNTY [~ OTHER LOCAL AGENCY NAME OF POLITiCAL SUbDIVISIOn: MY I:~OS~ION IS: 1~ ELECTIVE City of Delray Beach 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Flodda Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or luss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent o~anbzafion or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate, Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vute basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-taw, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the contlict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incoqx)rate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must he read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Robert Costin I, __, hereby disclase that on March 16, (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; __ inured to the spoclal gain or foss of my business associate, __ inured to the special gain or loss of my relative, __ inured to the special gain or loss o[ whom I am retained; or __ inured to the special gain or loss ol= is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ,20 04 : I previously sold my business which was a tenant in the Love Building. , which 3/t6/04 Date Filed '~g'~ature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME~IRST NA~IE~IDOLE NAME Perlman, Jeffrey Z. MNLING ~)DRESS 971 Delray Lakes Drive CITY COUNT~ Delray Beach, Florida 33444 Palm Beach March 16, 2004 NAME~MOARD, COUNCIL, COMMISSION, AUTHO~,ORCOMMiTrEE Delray Beach City Commission THE ao~D, COUNCIL, COMMISSION, AUTHORITY OR COMMn'rE~ ON WHICH I SERVE IS A UNIT OF: NAME OF POLmCN_ SUBOiVISIOR: City of Delray Beach MY POSITION IS: ~ ELEC~VE ~ WHO MUST FILE FORM 8B This form is for use by any Derson serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Flodda Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and tiling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special pdvate gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or fo the special pdvate gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, sen-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating fo the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you othenvise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt fo influence the decision) with the person responsible for recording the minutes of the meeting, who will ir,corporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE1 APPOINTED OFFICERS (continued) · A copy of lhe form must be provided immediately to the other members of the agency. The fonn must be mad publicly at the next meeting alter the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must discJose orally the nature of your conflict in the measure before participating. · You must complete tl~ form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agen,;y, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST l, Jeffrey Z. Perlman , hereby disclose that on March 16, (a) A measure came or will come before my agency which (check one) __ inured to my special pdvate gain or loss; __ inured to the special gain or loss of my business associate, __ inured to the special gain or loss of my relative, X inured to the special gain or loss of. Diane Colonna whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ,20 04 : Diane Colonna, my wife, is director of the Community Redevelopment Agency (CRA). I have a conflict voting on items that directly affect the Community Redevelopment Agency. 3/16/04 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES {}112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS !..~S T NAMEJiRST NAME~IDDLE NAME Perlman, Jeffrey Z. MAILING NDORESS 971 Delray Lakes Drive Delray Beach, Florida 33444 Palm Beach 3/16/04 Delray Beach City Commission THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COf~MITrE. E ON WHICH I SERVE IS A UNIT Of=: I CITY [3 COUNTY E} OTHER LOCAL AGENCY NN~IE OF POLITICAL SUBDIVISION: City of Delray Beach MY PosmoN IS: WHO MUST FILE FORM 8B This ferrn is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Fiodda Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether yOU hold an elective or appointive position. For this reason, please pay close attention to the instructions on ffiis form before completing the reverse side and tiling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A pemon holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special pdvate gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec, 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vota basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative" includes only the officor's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughtar-in-isw~ A 'business associate" means any person or entity engaged in or canying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the contiict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest iR the measure on which you are abstaining frere voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the person responsible for recording the rolo- utes of the meeting, who shOUld incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these rnattere. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in wdting and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · YOU must comp~eta and tile this form (before making any attempt to intiuenca the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is tiled. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is tiled. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey Z. Perlman , hereby disclose that on March 16, ,2004 : (a) A measure came or will come before my agency which (check one) __ inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; X inured to the special gain or loss of my relative, __~iane Colonna ; inured to the special gain or loss of _, by whom I am retained; or -- inured to the special gain er loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Diane Colonna, my wife, is director of the Community Redevelopment Agency (CRA). I have a conflict voting on items that directly affect the Community Redevelopment Agency. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B * EFF. 1/2000 PAGE 2 MARCH 25. 2004 DELRA¥ BEACH CITY COMMISSION ANNUAL ORGANIZATIONAL MEETING (1) (2) 0) Call to Order/Roll CalL The annual organizational meeting of the City Commission of the City of De[ray Beach, Florida was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:05 p.m. on Thursday, March 25, 2004. Roll call showed: Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent: None Also present were: David T. Harden, City Manager Susan Ruby, Cxty Attorney Barbara Garito, City Clerk The Pledge of Allegiance to the Flag was given. Oath of Office administered to Newly-Elected City Commission Members The CT~ty Clerk administered the Oath of Office to Commissioner Patricia Archer (Seat #2), and Commissioner Alberta McCarthy (Seat #4). Selection of Vice-Mayor (for the term March 26, 2004 through March 24, 2005). Commissioner Archer moved to appoint Commissioner McCarthy as Vice-Mayor of the City of De[ray Beach for the term March 26, 2004 through March 24, 2005, seconded by Commissioner Costin. Upon roll call the Commission voted as follows: Commissioner Levinson - Yes; Commissioner McCarthy - Yes; Mayor Perlman - Yes; Commissioner Costin - Yes; Commissioner Archer - Yes. Said motion passed with a 5 to 0 vote. Selection of Deputy Vice-Mayor (for the term March 26, 2004 through March 24, 200S). Commissioner Costin moved to app&mt Commissioner Levinson as Deputy Vice-Mayor of the City of Delray Beach for the term March 26, 2004 through March 24, 2005, seconded by Commissioner McCarthy. Upon roll call, the Commission voted as follows: Commissioner McCarthy - Yes; Mayor Perlman - Yes; Commissioner Costin - Yes; Commissioner Archer - Yes; Commissioner Levinson - Yes. Said motion passed with a 5 to 0 vote. Review and Acceptance of regularly scheduled City Commission Meeting dates for the period April 2004 through March 2005. Commissioner Levinson commented regarding the Innovations Conference in Reno, Nevada to be held on June 10-12, 2004. Also, he asked if the Commission met on presidential election night in November 2000. Commissioner Archer suggested that the June meeting dates be changed from June 1't, 8*, and 15' to Regular Meefngs on June 8' and 22nd with the Workshop on June 1S~h due to a conflict in both her and the Mayor's schedule regarding the June 1st meeting. The Commission will discuss the June meetings at a later date after a review of their calendars. The Commission changed the December meeting dates from December 14~h and 21~t to December 6' (Monday) and December 14'. Commissioner Archer asked if the Commission would attend Palm Beach County Day in Tallahassee scheduled for March 8-10, 2005 since three commission seats v/ill be up for election during this time and the election w'fll be held on March 8, 2005 with the Special Meeting to certify the results on March 10, 2005. It was the consensus of the Commission to attend Palm Beach County Day and return for the Specmi Meeting. Commissioner Levinson moved to approve the revised schedule, seconded by Commissioner McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Commissioner Costin - Yes; Commissioner Archer - Yes; Commissioner Levinson - Yes; Commissioner McCarthy - Yes. Said motion passed with a 5 to 0 vote. Establish a date for the 2005 Goal Setting Session. It was the consensus of the Commission to set the first week of April 2005 as the date the Commission will meet with Lyle Sumek for the 2005 Goal Setting. Staff will set up the date. 2 Annual Organizational Meeting March 25, 2004 (8) O) Review and Adoption of Rules of Procedure - Delray Beach City Commission (Local Rules). Commissioner Levinson motioned to accept the Rules of Procedure (Local Rules), seconded by Commissioner McCarthy. Upon roll call, the Commission voted as follows: Commissioner Costin - Yes; Commissioner Archer - Yes; Commissioner Levinson - Yes; Commissioner McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. Review and Adoption of Procedures for Quasi-Judicial Heatings. Commissioner Archer moved to adopt the Procedures for Quasi Judicial Hearings, seconded by Commissioner Costin. Upon roll call the Commission voted as follows: Commissioner Archer - Yes; Commissioner Levinson - Yes; Commissioner McCarthy - Yes; Mayor Perlman - Yes; Commissioner Costin - Yes. Said motion passed with a 5 to 0 vote. Rev/ew of City Commission Lia/son Appo/ntments to various Adv/soty Boards and outside agencies. Commission rev/ewed the assigned liaisons from Boards and Outside Agencies and amended the liaison appointments (a copy of the amended assignments is attached as part of the minutes). (11) Commission Comments. The City Attorney had no comments. The City Manager had no comments. Commissioner Costin had no comments. Commissioner McCarthy stated she is honored to serve another two years with this worthy city and is looking forward to it. She stated it has been quite an experience and very fulfilling. In addition, she commented that it is amazing how many things the Commission is responsible for and instrumental in helping to make sure the quality of life is one of the best here in Dekay. Mrs. Archer stated the Turnpike Authority is meeting with all of the Metropolitan Phnning Organization (MPO) members to discuss the expansion and additional needs for access to the turnpike. She stated Bill Austin, Planner with the Turnpike Authority/Pompano Office, will bring Kent Price, Regional Phnner/Administrafion of South Florida, and Michael Lewis from Orlando with him to meet with her at 9:30 a.m. on Monday, April 5, 2004, here at City Hall and extended an invitation to the other Commission Members to attend the meeting. 3 Annual Organizational Meeting March 25, 2004 In addition, Mrs. Archer stated that the Palm Beach County MPO will host local meetings for long-range transportation planning throughout the county. She stated she is starting her 62 year as a commissioner now and is filled with the fact that she is a commissioner for Delray Beach. She stated it has been a very wonderful ride watching the city to see where we are going and how the city has evolved. She is very proud to have been able to serve here thus far and wants to be sure to do the very best for Delray. She thanked Barbara Garito, City Clerk, for her support and participation at every level and stated she w'dl miss her very much when she retires. Commissioner Levinson congratulated Commissioner Archer and Commissioner McCarthy and stated he looks forward to at least another year working with them. Mayor Perlman congratulated Commissioner Archer and Commissioner McCarthy and stated he is pleased they both returned for additional terms. He stated the Commission has agreed with each other approximately 80-90% of the time and feels this is a healthy sign that people can work together as a team and take the city forward. He stated that in going forward, the challenge is to continue to keep this same philosophy; and as far as we have come as a city, there is still more to do. He stated he has enjoyed working with the entire commission and Commissioner Cosfin has been a wonderful addition. Mayor Perlman stated this is his first anniversary as Mayor of the City of Delmy Beach and thus far he has logged 1,144 city-related meetings (22 meetings/week) in his calendar and has received 13,000+ emails this year. He commented on the "Leadership on the Line" book that Commissioner Levinson purchased for the Commission. He stated the Commission has done a lot of big projects in the last 5 or 6 years such as the Downtown Master Plan, the Southwest Neighborhood Plan, the Parks Plan, Parks Bond Issue, exploding downtown/downtown housing issues, unique legal challenges and educational issues. Mayor Perlman stated these are considered as adaptive challenges. He commented that the challenge in going forward is to find reasonable people to willing to serve and willing to agree to work together because there is much more to do and we cannot mm back. Commissioner Archer stated we are at a very important turning po'mt in the city in which we are trying to sustain our redevelopment, manage our growth and handle the issues that come with our success. She stated it is key that we manage the issues, understand what the issues are, and work to try to keep a cohesive base to meet these issues as we move forward. There being no further business, the meeting was adjourned at 6:50 p.m. 4 Annual Organizational Meeting March 25, 2004 Al'lEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Annual Organizational Meeting of the City Commission held on March 25, 2004, which minutes were fomaally approved and adopted by the City Commission on April 13, 2004. City Clerk TE T Rlq&DER: If the minutes you have received are not completed as indicated above, this means they are not the offldal minutes of the City Commission. They will become official only after review and approval by the City Commission which may involve amendments, additions or deletions to the minutes as set forth above. 5 Annual Organizational Meeting March 25, 2004 MEMORANDUM TO: FROM: SUBJECT: DATE: Mayor and City Commissioners Barbara Garito, City Clerk AMENDED CITY COMMISSION LIAISON ASSIGNMENTS March 30, 2004 Below is the list of City Commission Liaison assignments as amended at the annual Organization Meeting, March 25, 2004. BOARD LIAISON Communi .ty Redevelopment A~_ency. Commissioner Levinson Pmnary Member Commissioner Archer Alternate Member Delray Beach Arts Council. Inc, Commissioner Archer Deltay Beach Public Schools City Commissioners adopt a Delray Beach Public School and sit on that School's Advisory Committee. The Schools are: Banyan Creek Elementary School Spady Elementary School Plumosa Elementary School Pine Grove Elementary School Orchard View Elementary School Village Academy Carver Middle School Atlantic High School Mayor Perlman Commissioner Costin Commissioner Costin Mayor Perlman Commissioner McCarthy Commissioner McCarthy Commissioner Archer Commissioner Levinson Downtown Development Authority. 3~d Wednesday at 12:00 Noon Chamber of Commerce Commissioner Costin Education Board 1s' Monday at 5:30 p.m. First Floor Conference Room, City Hall Mayor Perlman Primary Member Commissioner Archer Alternate Member General Employees Retirement Committee Meets as needed Joint Venture 2~ & 4* Thursdays at 8:00 a.m. Chamber of Commerce ParkimZ Manaff_ement Advisory Board 4' Tuesday at 5:30 p.m. First Floor Conference Room, City Hall Police & Fire Board of Trustees 3~d Wednesday from 2-4 p.m. in Training Room at Fire HQ or Police Chief's Conference Room Sister Cities Committee l't Thursday at 4:00 p.m. City Manager's Conference Room, City Hall Tom Lynch to continue as Commission app&mtee Commissioner Costin Commissioner Archer Mayor Perlman (The Mayor is a sitting member Section 33.65 of the City Code) Commissioner Axcher Page 2 OUTSIDE AGENCY APPOINTMENTS Palm Beach County Le _affue of Cities. Inc. Governmental Center 301 North Olive Avenue West Palm Beach 33402 Contact: James Titcomb, Exec. Director (561) 355-4484 David T. Harden, City Manager Board of Directors; Transportation/ Legislative Sub-Committee Chair Commissioner Jon Levinson Alternate Member The Palm Beach County League of Cities, Inc. was chartered in 1969 as a non-profit corporation. The purpose of the Palm Beach County League of Cities is to promote and advance the collective interest of the mumcipalities of Palm Beach County; to study municipal issues and seek desired results through cooperative efforts; to respect the principles of Home Rule; and to encourage and enhance the quality of life of citizens of Palm Beach County. The General Membership meets once per month (normally the 4* Wednesday) at 10:30 a.m. at different host dries around the county. The Board of Directors meets once per month (normally the 2"d Wednesday) at 10:00 a.m., 12' Floor Conference Room at the Governmental Center in West Palm Beach. Florida Le _affue of Cities. Inc. David T. Harden, City Manager 301 S. Bronough Street, Suite 300 (32301) Transportation & Urban Administration Post Office Box 1757 Policy Committee Member Tallahassee, Florida 32302-1757 Mayor Perlman Contact: Scott Dudley, Sr. Legislative Advocate Criminal Justice Policy Committee (850) 222-9684 Member Approved Liaison Assignments 3-25-04 Page Palm Beach County. Beaches & Shores Council PBC Phnning, Zoning & Building Dept. 2"0 Floor Conference Room 100 Australian Avenue 33406 West Pam Beach Paul Dorling Planning Director Primary Member Scott Pape Senior Planner Akemate Member The Beaches & Shores Council meets on the 2"° Monday of each month at 1:30 p.m. Their purpose is to provide recommendations to the Florida Department of Environmental Protection on all proposed construction east of the coastal construction line and to serve as a forum for discussion of coastal matters in Palm Beach County. Metropolitan Pl~nnin? Orffanization Of Palm Beach County. 160 Australian Avenue, Suite 201 P. O. Box 21229 West Palm Beach 33416 Contact: Randy M. Whitfield, P.E. Director (561) 684-4170 or Paul Doffing (City staff) (561) 243-7040 Commissioner Archer Primary Member Commissioner Costin Alternate Member The Metropolitan Planning Organization of Palm Beach County was created pursuant to Chapter 339.175 of the Florida Statutes. Their objectives are to encourage and promote the safe and efficient management, operation and development of surface transportation systems that will serve the mobility needs of people and freight within the trough urbanized areas of Palm Beach County while minimizing transportation related furl consumption and air pollution. The MPO is charged with the development of short-range (5 year) and long-range (20 year) transportation plans and programs. MPO Board (elected officials) meets on the 3~ Thursday of the month at 9:00 a.m., 12m floor Conference room at the Governmental Centex. Technical Advisory Committee (TAC, staff subcommittee) meets on the 1" Wednesday of the month at 9:00 a.m. at 160 Australian Avenue in the 5m floor Conference Room. Liaison to State Representatives Anne Gannon, District 86 Adam Hasner, District 87 Mayor Perlman Mayor Perlman Liaison to ~g~gg Senators Jeffery Atwater, District 25 M. "Mandy" Dawson, District 29 Ron Klein, District 30 Commissioner Costin Commissioner McCarthy Mayor Perlman Liaison to United States Representatives E.Clay Shaw, Jr., District 22 Robert We:der, District 19 Alcee L. Hastings, District 23 Mayor Perlman Commissioner Levinson Commissioner McCarthy Approved Liaison Assignments 3-25-04 Page Interffovernmental Coordination Issues Forum Lantana Council Chambers 500 Greynolds Circle Lantana, 33405 Contact: Ana Yeskey 9835-16 Lake Worth Road, Suite 223 Lake Worth 33467 (561) 434-2575 Commissioner Levinson Primary Member Mayor Perlman Alternate Member Paul Doding City Staff Member The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues of multi-jurisdictional significance, such as school concurrency, county wide fire rescue services, and countywide library services. The intent is to have municipalities work together on issues of countywide concern or impact and to assist in the resolution of any disputes which may arise between local governments. The Issues Forum meets on a quarterly basis. The meetings are scheduled for April 29, 2004; July 29, 2004; and September 30, 2004. The Executive Committee meets at 9:00 a.m., Issues Forum at 10:30 a.m. and IPAC at 1:00 p.m. in the Lantana Council Chambers. Approved l.lui~on Assignments 3-25-04 SPECIAL MEETING MARCH 25, 2004 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 P.M., on Thursday, March 2S, 2004. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon LexCmson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and City Clerk Barbara Gar/to Mayor Perlman called the meeting to order and announced that it had been called for the purpose of considering the following items: TELESTAFF AUTOMATED SCHEDULING PROGRAM/POLICE DEPARTMENTi Consider approval of a contract award to Principal Decision Systems International (PDSI) in the amount of $56,525.00 for the Telestaff Automated Scheduling Program for the Police Department. Funding is available from 115-2112-521-64.90 (Special Projects Fund/Other Machinery/Equipment). Mx. Levinson moved to approve the Telestaff Automated Scheduling Program Contracts, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said morion passed 5-0. 2. PROPOSAL FOR SETTLEMENT OF THE CLAIMS AGAINST OFFICER MAKLER IN THE CASES OF: Boys, Veron/ca Lynn v. City of Delray Beach Anna Chandler, et al v. City of Delray Beach Leroy & Delores Hoffert v. City of Delray Beach William & Linda Lanagan v. City of Delray Beach Megan & Linda Lawson v. City of Delray Beach Ida Montenero, Bill Jozwiak & Sylvia Jozwiak v. City of Delray Beach Charles F. Van Deusen v. City of Delray Beach Karen Whitehead v. City of Dekay Beach Etna Yockl, Mareann Ajyer & Redon Ajyer v. City of Delray Beach Consider acceptance of the settlement presented subject to the receipt of appropriate releases. Staff recommends acceptance. Susan Ruby, City Attorney stated the mount of $2,500 would settle all the claims against Officer Makler in the listed cases; however, the City would still be involved in the case. Mrs. Archer moved to approve the Proposal for Settlement, seconded by Mr. Costin. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes, Mr. Costin - Yes; Said motion passed 5-0. Mayor Perlman declared the Special Meeting adjourned at 6:05 p.m. ATrEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Thursday, March 25, 2004, which Minutes were formally approved and adopted by the City Commission on April 13, 2004. City Clerk NOTE TO READER; If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -2- March 25, 2004 SPECIAL MEETING APRIL 5, 2004 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the City Manager's Conference Room at City Hall at 4:00 P.M., Monday, April 5, 2004. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - Commissioner Jon Levinson Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and City Clerk Barbara Garito Mayor Perlman called the meeting to order and announced that it had been called for the purpose of considering the following item: CONVEYANCE AGREEMENT/MEDIA ENTERTAINMENT PRODUCTIONS ([lSA), INC.: Provide direction regarding further negotiations on the draft Media Entertainment Productions (USA), Inc. Contract. David Harden, City Manager gave a brief overview of the Conveyance Agreement proposal made by Media Entertainment Productions (USA), Inc. (MEP) which includes the conveyance by the City of a 9,000 square feet parcd located at the S.E. comer of the Tennis Center property. The Project includes parking for the MEP building in exchange for the media exposure and promotion as outlined in Exhibit "B" of the proposed agreement. He indicated there were other contract issues as outlined by the City Attorney in her summary outline. Susan Ruby, City Attorney indicated in addition there is an issue with the parking scenario which would include costs to the City if they were to provide parking for MEP. She found other issues within the contract as outlined in her summary, the value of the exposure for the City over 13 weeks which would need to be identified on certain dates, in addition the repurchase agreement was not favorable to the City. Should we need to repurchase the property at a later date, she suggested perhaps the City should be the first mortgage holder on the property vs. behind or subordinate to all other mortgage holders. Also, there were other concerns of the possibility that MEP would not build in a timely fashion, abandon the project, or fail to get financing. Therefore, she is looking for guidance from the Commission as to whether they wished to proceed with negotiations. Commission Archer expressed concern about recourse regarding; if the 13 week show was never picked-up by the networks, in addition the contract is very vague as the actual television channels the show would be aired on. If the City does not receive the benefits of the exposure she feels we need to have some recourse. She indicated that she felt the parking issues could be worked out with MEP to the satisfaction of both parties but we need some guarantees regarding times of showing and length of time for City credits. She felt the value could be obtained if we have insurances in place. Mr. Harden indicated that since Commissioner Levinson could not attend today he wished to express his concern regarding the fact that current offerings made my MEP are shown at 11:30 pm and 5:00 am, times when many people are not watching television. Consequently the City has no idea when this project series would be aired on television. Commissioner Costin expressed concern that the City is considering conveying a tangible piece of property for non-tangible goods and he feels the values placed in the contract on the media exposure are extremely over inflated. Additionally, he has a problem with the parking issue and cost to the City. Commissioner McCarthy indicated she has not changed her position on this project, she has not found it to be of great value to the City for giving valuable City property away for non-tangible goods. Mayor Perlman indicated that Randy Welker, Executive Director of Business Recruitment and John Sasson, Senior Coordination Producer for MEP were present and he would like to give them the opportunity to speak. Randy Welker, Executive Director of Business Recruitment responded that value of this type of exposure is the most difficult thing to assess as for its worth to the City. However, the exposure can be very valuable to the City. After some research Randy found that to have a Michael Graves building in the City would be of significant value. It could become an attraction to the group of people we are trying to attract to Delray Beach, the office users. It would become an incentive to bring their office businesses to Deiray Beach vs. other cities in the area. In addition, having the expertise of MEP and Michael Braves in Dekay Beach should be an avenue the City could pursue in negotiations requesting that they become involved in community activities. john Sasson, Senior Coordination Producer for this series reinitiated the project would be the sharing of the beauty of architecture and what goes into the planning of it to the business community. He felt that MEP would address the concerns expressed today regarding the exposure of the show which could be addressed in the contract along with appropriate time slots, marketing with Graves and Target and will make an effort to capitalize in this area. Mayor indicated that the value he visualizes this project to be include; 35 new jobs to Delray Beach, an increase of ad valorem taxes, a value to the City by having a landmark building on a major corridor of the City which is consistent with the Downtown Master Plan and this project could -2- April 5, 2004 begin a renaissance on Atlantic Avenue, in addition the possibility of tapping into Michael Graves expertise, with publidty of the project as an added benefit. The risk you take with a private entity is the jobs would not come to Delray Beach, the company does not do well, the taxes go away and the publicity is not what you expected. The problem as the Mayor sees it is the out-of-pocket expenses for the parking as well as the concerns as outlined by the City Attorney. The City Manager reiterated it is the desire of the Commission to attract office businesses to the City and asked if we would be better off pursuing this offer or putting out a RFP for this property and use the profit in other ways to encourage office space into the City? After further discussion by the Commission and in conclusion, it was the consensus of the Commission for the City Attorney to proceed with negotiations with MEP with the emphasis on the parking issue being worked out as part of the building expenses and the other issues as outlined in her summary. In addition, Commission wants to be sure that the building designed by Michael Graves would be competed to Ns specifications. 2. COMMISSION COMMENTS. Commissioner McCarthy commended the City Attorney for her sutmna~ memorandum and thoroughness regarding the issues with the MEP proposed contract. Mayor Perlman mentioned that former Police Chief Rick Overman suffered the loss of a family member and the City had sent condolence to his family. He then passed out a card of appreciation from Mr. Overman to those present. The Mayor indicated he had a discussion with Gary Rosen on behalf of the Delray Beach Housing Authority and the conditions at Carver Estates. Mr. Rosen feds that the scope of the problems at Carver Estates are beyond the Housing Authority's board and he would like the City, CRA, County, and our Federal representatives from HUD to be present at a workshop to help find a solution. So far it has been estimated that there are more than 5.7 million dollars of repairs needed at Carver Estates. The Mayor is in agreement with Mr. Rosen and feels we need to have a strategy and rethinking of housing in that area and pursue HOPE 6 Dollars. At this time around the nation public housing is mixed with affordable housing thus creating a better environment for the residents and safety. Commissioner McCarthy added that she was under the impression that HOPE 6 Dollars are still available and they were regionalized as well, and acknowledged the opportunity for the City to make a difference in housing in this area thus making the community more livable and safe for the residents. Mayor Perlman requested that staff proceed and set up a joint workshop including the CRA, County, Federal representatives from HUD, Congressman Hastings, Congressman Shaw and Commissioner Green to get the challenge moving with whatever resources would become available. -3- April 5, 2004 Mayor Perlman declared the Special Meeting adjourned at 5:10 p.m. ATrEST: city Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on April 5, 2004, which Minutes were formally approved and adopted by the City Commission on April 13, 2004. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -4- April 5, 2004 WHEREAS, Robert D. Chapin serred on the Board of Directors of Old School Square Cultural Arts Center from 1990 to 2003; and WHEREAS, Bob gave countless hours of service m the Cultural Center; and WHEREAS, Bob served as President of the Board of Directors of Old School Square from 1997 to 2004; and WHEREAS, under Bob's excellent leadership, Old School Square achieved the following: · Gained Major Cultural Inst/tufion status in the State of Florida, placing the center in the same league as the highest regarded museums and theatres and cultural institutions in the State. Old School Square is now regarded as one of the premier institutions in Florida for visual and performing arts, historic preservation, children's programs, and outreach. · Established an endowment fund and quarried for the State o£ Florida Cultural Endowraent P~o~ara, securing the future of Old School Square through dedicated programming support. This year the endowment will reach over three million dollars. · Initiated a TeN-Year Master Pla~ for Old School Square to meet the demands of the growing Delray Beach and southern Palm Beach County communities. · Completed Phase I of the Master Plan and opened the outdoor pavilion, debt free, in February, 2001, prodding an exciting realm of cultural act/v/ties for all ages and a place to celebrate the cultural and ethnic diversity of our community. Bob's dream of a film series led to the creation of Igdday Nigfit FIJ'clcs, where thousands of people have enjoyed movies in a family setting. · Initiated a plan to secure accreditation from the American Association of Museums to increase the level and expand the quality of exh/bits for the Comell Museum of Art and History. · Personally gave thousands of hours and raised hundreds of thousand of dollars through solicitations of foundations, corporations, and private donors to secure the future of Old School Square for generations to come. WHEREAS, Old School Square Board of Directors named Robert D. Chapin President Emeritus in January of 2004, celebrating his dedication and service to Old School Square and the citizens of Dekay Beach. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby ioin in commending and honoring ROBERT D. CHAPIN in recognition of his many accomplishments and years of dedicated service to his community through Old School Square. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Dekay Beach, Florida, to bi affixed this 13~h day of April, 2004. JEFF PERLMAN MAYOR Kucmerowski, Carolanne From: Sent: To: Subject: Elizabeth Butler [ebutler@oldschool.org] Tuesday, March 30, 2004 5:06 PM Kucmerowski, Carolanne the proclamation Proclamation for Bob Chapln.do... Please find the attached document per your request regarding the proclamation for Bob Chapin. Please let me know if there is anything else I can do for you. <<Proclamation for Bob Chapin.doc>> Sincerely, Elizabeth C. Butler Marketing/Administrative Assistant Old School Square, Inc. (561) 243-7922, Ext. 310 ebutler@oldschool.org 51 N. Swinton Avenue Delray Beach, FL 33444 *** eSafe scanned this email for malicious content *** *** IMPORTANT: DO not open attachments from unrecognized senders *** Whereas: Robert D. Chapin served on the Board of Directors of Old School Square Cultural Arts Center from 1990 to 2003, giving countless hours of service to the Cultural Center Bob served as president of the Board of Directors of Old School Square from 1997 to 2004 and under his excellent leadership guided Old School Square to achieve the following: Gained Major Cultural Institution status for Old School Square in the State of Florida, placing the center in the same league as the highest regarded museums and theatres and cultural institutions in the State. Old School Square is now regarded on of the premier institutions in Florida for visual and performing arts, historic preservation and children's programs and outreach. Established an endowment fund and qualified for the State of Florida Cultural Endowment Program, securing the future of Old School Square through dedicated programming support. This year the endowment will reach over $3 million. Initiated a Ten-Year Master Plan for Old School Square that meets the demands of the growing Delray Beach community and southern Palm Beach County. Completed Phase I of the Master Plan and opened debt free the outdoor pavilion in February of 2001 providing an exciting realm of cultural activities for all ages and a place to celebrate the cultural and ethnic diversity of our community. His dream ora film series led to the creation of Friday Night Flicks, where thousands of people have enjoyed movies in a family setting. Initiated a plan to secure accreditation from the American Association of Museums to increase the level and expand the quality of exhibits for the Comell Museum of Art & History. Personally gave thousands of hours and raised hundreds of thousands of dollars through solicitations of foundations, corporations and private donors to secure the future of Old School Square for generations to come. Whereas Old School Square Board of Directors named Robert D. Chapin President Emeritus in January of 2004, celebrating his dedication and service to Old School Square and the citizens of Delray Beach. WHEREAS, although Equal Housing Opportunity is a fight guaranteed to all Americans under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing continues; and WHEREAS, each year since the enactment of the National Fair Housing Act, the federal government designates April, the anniversary month of that law, as Fair Housing Month; and WHEREAS, on this the 36th Anniversary, the City of Dekay Beach is pleased to join in that designation, since it provides an opportunity for all Americans to rededicate themselves to the principles of freedom of housing choice and to reacquaint themselves with the fights and responsibilities that are theirs under the law; and WHEREAS, since fair housing is consistent with the principle of equality and justice for all - principles upon which our nation was founded - we all need to share in the fight to ensure fair housing is a reality for all residents; and WHEREAS, the Fair Housing Center of the Greater Palm Beaches provides fair housing education and outreach services for the City of Delray Beach. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of De[ray Beach, Florida, on behalf of the City Comrmssion do hereby proclaim April 2004 as FAIR HOUSING MONTH in the City of De[ray Beach, Florida, and urge, ail citizens to join the efforts to reaffirm fair housing opportunities for all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of De[ray Beach, Florida, to be affixed this 13e~ day of April, 2004. JEFF PERLMAN MAYOR F~--~ FAIR HOUSING CENTER OFTHE GREATER PALM BEACHES 1300 West Lantana Road * Suite 200 · Lantana, FL 33462 Voice: 561-533-8717 · Toll Free: 1-877-910-FAIR · Fax: 561-533-8163 e.mail: fhcpalmbeach@cs, com· web.site: www.fairhousingflorida.¢om March 5th, 2004 Barbara Garito City Clerk City of Delray Beach 100 NW 1st Avenue Delray Beach, Fl. 33444 CiTY CLERK Dear Barbara, Enclosed is a letter to your Mayor requesting a proclamation for the month of April, National Fair Housing Month, so time is of the essence. Due to the fact that election season runs concurrent with our preparations, we are asking that you submit this to the Mayor in office as of March l0th, 2004 so that our request for the proclamation may be fulfilled. Thank you for your cooperation in this matter. Yours in Fair Housing, Vince L. Larkins President & CEO A MEMBER OF THE NATIONAL FAIR HOUSING ALLIANCE Enforcement, Education & Legal Support Services FAIR HOUSING CENTER OFTHE GREATER PALM BEACHES 1300 West Lantana Road · Suite 200 · Lantana, FL 33462 Voice: 561-533-8717 * Toll Free: 1.877-910-FAIR · Fax: 561-533-8163 e-mail: fhcpalmbeach@cs.com · web.site: www.fairhousingfloridttcom February2004 Mayor City of Delray Beach 100 NW 1st Avenue Delmy Beach, Fl. 33444 RECEiVED~"--'~ CITY CLERK Dear Mayor, It is that time of the year again when cities and local municipalities in Palm Beach County show their support for Fair Housing. Throughout our nation, every city and county has been encouraged by President Bush to acknowledge and support the celebration of the Fair Housing Act. As you know, April is National Fair Housing Month and we are encouraged that we can count on your continuing support as we ask you to enact a proclamation supporting the Fair Housing Act, just as the City of Delray Beach has done in the past. To help your city do its part, we have enclosed a copy of the proclamation you signed in 2003 to assist you. Please note the changes that will need to be made on this year's proclamation: This year is the 36th anniversary of the Fair Housing Act The date needs to be changed from April 2003 to April 2004 BECAUSE OF YOUR CONTINUING SUPPORT IN FAIR HOUSING, I WANT TO INVITE YOU TO JOIN YOUR FELLOW GOVERNMENT OFFICIALS AT THE THIRD ANNUAL FAIR HOUSING MONTH CELEBRATION LUNCHEON, WHERE WE INTEND TO RECOGNIZE YOUR CONTRIBUTION TO THIS VERY IMPORTANT STRUGGLE. Your official invitation is on the way, but for your immediate planning information, the luncheon will be held at 10:30 a.m. on Thursday, April 8, 2004. Our office will be contacting you soon to confu'm your participation. If you have any questions or need any additional information, please do not hesitate to contact me at (561)533-8717. Yours in Fair Housing, Vince L. Larkins President & CEO A MEMBER OF THE NATIONAL FAIR HOUSING ALLIANCE [CITY DF DELRFIV BEI:IrH PROCLAMATION WH~]U~AS, ~though Equal Homing Opportunity is a fight guaranteed to ~ Am~rlcam under Title VIII of the 1968 Civ~ Rights Law, the struggle against discx4mlnadon in homing continues; and WHEREAS, each year since the enactment of the Nado~l Fair Housing Act, the federal govemmem designates April, the =--;versaty month of that hw, as Fair WHER~.~, on this the 35m Annivetsaty, the ~7_aty of Delmy Beach is pleased to join in that designation, since it pmv;d_~ an opporv,-i,y.for all 3-~ricans to rt4ed;~te themselves to the principles of freedom of housing choice =nd to reacquaim themselves with the rights and mspomibillties that are theirs under the law;, WHEREAS, since fair homing is consistent with the principle of equality and justice for all - principles upon which our ration was founded - we all need to share in the fight to ensure fair homing is a reality for all residents; a.a WHEREAS, the Fair Housing Center of the Greater Palm Beaches provides fair housing education and oun'each services for the GatT of Deb'ay Beach. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, On b-half of the Gty Commksion do herebyproclaim Apn] 2003 as FAIR HOUSING MONTH in the Gty of DeL-ay Beach, Florida, and urge, all citiTens to join the efforts to reaffirm fair housing opportunities for all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the Cad/Of Dehay Beach, Florida, to be affixed this 1" day of April, 2003. JEFF PERLMAN MAYOR orr ALWAYS MATTERS WHEREAS, this year marks the 30~h annivemary of the Community Development Block Grant program; and WHEREAS, both the Legislative and Executive branches of Florida's government recognize the importance of federal and state initiatives aimed at creating and maintaining safe, vibrant, and economically stable communities; and WHEREAS, the Community Development Block Grant (CDBG) Program has operated since 1975 to provide local government with the resources required to meet the needs of persons of iow and moderate income and CDBG funds ara used by thousands of neighborhood based, non-prefit organizations throughout the nation to address prassing neighborhood and human service needs; and WHEREAS, both the Flodda Small Cities CDBG Program and Urban Entitlement Program provide funding for the ravitalization of distressed rural and urban areas whose housing and community development needs local governments could not otherwise address; and WHEREAS, the City of Delray Beach and other local govemments have cleady demonstrated the capacity to administer and customize the CDBG program to identify, prioritize, and resolve pressing local problems, such as affordable housing, neighborhood and human service needs, job creation and retention, and physical redevelopment; and WHEREAS, prevention and elimination of declining conditions and enhancement of the economic base in rural and urban areas specifically targets Florida's Iow and moderate income population while strengthening communities. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Flodda, on behalf of the City Commission, do heraby proclaim the week of Apdl 12, 2004 through April 18, 2004 as "COMMUNITY DEVELOPMENT WEEK" in Delray Beach, Florida and urge all citizens to join us in recognizing, with appreciation, the significant effects that the Community Development Block Grant program has had in enhancing the quality of life in the City of Delray Beach. 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 13th day of April, 2004. JEFF PERLMAN MAYOR MI MORANDUM TO: City Managers County Adminislxators FROM: Erin Geraghty, Deputy Public Affairs Director Florida Department of Community Affairs DATE: April 2, 2004 RE: Request for Support of the State of Florida's Community Development Week and the 30th Anniversar~ of the Community Development Block Grant (CDBG) Program On behalf of the Department of Community Affairs' (DCA) Division of Housing and Community Development, I invite you to join in the National 30th Anniversary Celebration of tlc Community Development Block Grant (CDBG) Program! On Tuesday, April 13, 2004, DCA along with other state agencies and CDBG partners will commemorate 30 years of community assistance at a press conference being held in Tallahassee at our state Capitol complex at 10:30AM. Lt. Governor Toni Jennings will be present along with newly appointed DCA Secretary Thaddeus Cohen. Together they will present Governor Jeb Bush's Proclamation declaring April 12-18, 2004, the State of Florida's Community Development Week. In honor of this milestone we ask that your Council or Commission take part in creating a statewide celebration of this benchmark community assistance program. Please join in the celebration by creating your own community proclamation or resolution. As an example, accompanying this letter is the proclamation that will be presented at the press conference. I encourage you to please recognize the significance of this program, which has allocated over $600,000,000 to Florida communities since its inception 30 years ago. I thank you in advance for your assistance in working with your Council or Commission on this issue. The Depa, hnent also would appreciate receiving a copy of the proclamation or resolution. Please contact me at erin.geraghty~dca.state.fl.us, 850.922.1734, or the Tallahassee address below. Attachment DRAFT PROCLAMATION Community Development Week Whereas, this year marks the 30th anniversary of the Community Development Block Grant program, and Whereas, both the Legislative and Executive branches of Florida's government recognize the importance of federal and state initiatives aimed at creating and maintaining safe, vibrant, and economically stable communities, and Whereas, the Community Development Block Grant (CDBG) Program, administered on a national level by the U. S. Department of Housing and Urban Development, has operated since 1975 to provide local governments with resoumes to meet the needs of Iow and moderate income persons and to address pressing neighborhood and human service needs, and Whereas, both the Florida Small Cities CDBG Program and Urban Entitlement Program provide funding for the revitalization of distressed rural and urban areas whose housing and community development needs local governments could not otherwise address, and Whereas, the Community Development Block Grant Program, continues to significantly impact distressed communities in Florida and the rest of the nation, through neighborhood and commercial revitalization, housing rehabilitation, and economic development, and Whereas, numerous other state and local agencies administer programs that are meeting community development needs, and Whereas, we have a responsibility to assist those who live in substandard housing, in neighborhoods plagued by drugs and crime, as well as those who are without the skills and opportunities for education and employment in their communities, and Whereas, prevention and elimination of declining conditions and enhancement of the economic base in rural and urban areas specifically targets Florida's Iow and moderate income population while strengthening communities, Now, therefore, I, Jeb Bush, by virtue of the authority vested in me as Governor of the State of Florida do hereby extend greetings and best wishes to all observing April 12-18, 2003, as Community Development Week. In witness whereof, I have hereunto set my hand and caused the Great Seal of the state of Florida to be affixed at Tallahassee, the Capital, this 15th day of March in the year two thousand four. Governor SEAL WHEREAS, an estimated forty (40%) percent of the adults in the United States every year do not read a single book; and WHEREAS, only forty-five (45%) percent of Americans read at least a half- hour a day; and WHEREAS, Read Together Palm Beach County seeks to promote reading, thoughtful dialogue, and meaningful interaction among Palm Beach County residents; and WHEREAS, high school students throughout the county vail be reading and analyzing "the book"; and WHEREAS, many businesses and chambers will be encouraging their employees to read and discuss the book together; and WHEREAS, all public libraries and countless local service clubs vail be hosting book discussion events; and WHEREAS, the City of Delray Beach is encouraging its residents to read "the book" between March 15, 2004 and April 30, 2004. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim April 2004 as READ TOGETHER PALM BEACH COUNTY MONTH in the City of Delray Beach, Florida, and encourage all residents of the City to read the book Their Eyes Were Watcld~g God and join a book discussion group. 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 13t~ day of April, 2004. JEFF PERLMAN MAYOR Read Together Palm Beach County One Book, One Community March 12 -April 30, 2004 CAMPAIGN COORDINATING COMMITTEE The Libraries of Palm Beach County (561) 233-2768 Palm Beach County Literacy Coalition 1 (800) 273-1030 The Palm Beach Post (561) 820-4131 Community Foundation for Palm Beach & Martin Counties, Inc. (561) 659-6800 March 15, 2004 Mayor Jeff Perlman City of Delray Beach 100 N.W. First Ave Delray Beach, FL 33444 ,;;VED t4AR R O 200 CI'T¥ CLERK Dear Mayor: The Read Together Palm Beach County Coordinating Committee needs your help in involving your community in the county-wide reading campaign. It would be most helpful if you could issue the enclosed proclamation designating April as Read Together Palm Beach County month. We would be pleased to send a committee representative to your council meeting to receive the proclamation. I am enclosing a response sheet on which you can indicate your support. If you have other ideas about involving your community in the campaign, please do call. Once we receive the response sheet, we will be pleased to list your community on the readtogether.palmbeachpost.com website as a campaign partner. (Some of you may have already returned the form.) It would also be helpful ffyou would put the campaign information in any local newsletters. Thank you for your support. Sincerely, Darlene Kostrub Campaign Organizing Committee 1-800-273-1030 PROCLAMATION A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA PROCLAIMING APRIL 2004 "READ TOGETHER PALM BEACH COUNTY MONTH." WHEREAS, an estimated forty (40%) percent of the adults in the United States every year do not read a single book; and WHEREAS, only forty-five (45%) percent of Americans read at least a half-hour a day; and WHEREAS, Read Tog~her Palm Beach County seeks to promote reading, thoughtful dialogue and meaningful interaction among Palm Beach County residents; and WHEREAS, high school students throughout the county will be reading and analyzing "the book;" and WHEREAS, many businesses and chambers will be encouraging their employees to read and discuss the book together; and WHEREAS, all public libraries and countless local service clubs will be hosting book discussion events; and WHEREAS, the City of Delmy Beach is encouraging its residents to read "the book" between Match 15 and April 30, 2004 NOW, THEREFORE, I, Mayor Jeff Perlman, Mayor, of the City of Delray Beach, do hereby proclaim April 2004 as "Read Together Palm Beach County Month," and encourage residents of the City to read the book Their Eyes Were Watching God and join a book discussion group. Given under my hand and the Seal of the City of Delray Beach, Florida, this day of 2004. Mayor Attest: Clerk WHEREAS, the young children of Deltay Beach are among our City's most valuable, precious, and vulnerable resources; and stable, nurturing, loving and supportive families and communities are of vital importance to their positive growth and development; and WHEREAS, it is imperative that dtizens realize that today's children are tomorrow's leaders and that exceptional early childhood services represent a worthy commitment to our children's future. WHEREAS, by calling attention to the need for high quality early childhood services for all children and families within our city, the dedicated teachers and care givers who perform this invaluable work hope to improve the quality and availability of these services; and WHEREAS, the National Association for the Education of Young Children, in conjunction with local organizations, is celebrating the Month of the Young Child to call attention to the critical work of early childhood professionals and to recognize the efforts of parents, relatives and community members who contribute posifvely to the growth and development of young children. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of April 2004 as "THE MONTH OF THE YOUNG CHILD" in Dekay Beach and encourage all drizens to recognize and support the needs of young children in our 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 the 13~ day of April, 2004. JEFF PERLMAN MAYOR Melllo Tm Mr. Harden, City Manager Fram Mrs. Clare Cleckley I)ate.' Apdl 5, 2004 Subject= Request for Proclamation Per this memo, we are requesting that the attached proclamation be placed on the April 13~ City Commission Agenda. Our open house is scheduled for April 21, 2004. We would like to have a copy of the updated proclamation. Unfortunately, I will not be able to attend the meeting due to a pdor engagement. My Goddaughter, Patricia Flowers, is an employee of the City, and will pick up the proclamation Wednesday moming. Thank you for your assistance in this matter. £1T¥ DF I]E R#¥ BER£H 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 WHEREAS, the young children of Delray Beach are among out City's most valuable, precious, and vulnerable resources; and stable, nurturing, loving and supportive homes and communities are of vital importance to their positive growth and development; and WHEREAS, it is imperative that citizens realize that today's children ate tomorrow's leaders and that exceptional early childhood services represent a worthy commitment to out clfildren's future. WHEREAS, by calling attention to the need for high quality early childhood services for all children and families within our city, the dedicated teachers and care give~ who perform this invaluable work hope to impr_ove the quality and availability of these services; and WI-IEtltEAS, the National Association for the Education of Young Children, in conjunction with !ocal organizations, is celebrating the Month of the Young Child to call attention to the cfitic,-d worl~ of early childhood professionals and to recognize the error:ts of F~a:ents, reladtres and communi~ member's Who contribute positively to the growth and development of young children. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of ~e City of Delr~y Beach, Florida, on behalf of the City Commission do hereby proclaim the month of April 2003 as C'THE MONTH OF THE YOUNG CHIL,D" in Deltay Beach and eficoutage all dtizens to recognize and support the needs of young children in out. 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 the i5'h day of April, 2003. f//~.FI~ PE~ ~ ~ ' MAYOR WHEREAS, the open exchange of public discourse is essential to the democratic system of government; and WHEREAS, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; and WHEREAS, civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others; and WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and WHEREAS, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and WHEREAS, civility can uplift our daily life and make it more pleasant to live in an organized society; and WHEREAS, the City, County and Local Govemment Law Section of the Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 2004 as CMLITY MONTH in Delray Beach and urge all dtizens to exercise civility toward each other. 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 13e~ day of April, 2004. JEFF PERLMAN MAYOR CITY, COUNTY AND LOCAL GOVERNMENT LAW SECTION www, loc-gov-law, org CHAIR: Kenneth W. Buchman P.O. Box 5 Plant City, FL 33564 (813) 659-4242 kbuch @ tampabay, rr. corn CHAIR. ELECT: Craig H. Coller 111 NW 1st St, Ste. 2810 Miami, FL 33128 (305) 375-5151 chc@miamidade.gov SECRE'rARY, q'REASURER: Kathryn Kaye Collie 201 S. Rosalind Ave, FL 4 Orlando, FL 32801 (407) 836-5690 kaye collie @ occompt corn IMMEDIATE PAST CHAIR: Thomas Pelham PO. Box 11240 Tallahassee, FL 32302-3240 (850) 661-0411 tpelham @ f owlerwt~ite.com BOARDLIAISON: Gwynne Alice Young (813) 223-7000 gyou ng@ carltonfields com EXECUTIVE COUNCIL: Terms Expiring 2004: District 1 Cad L Roth Ta[lahassee (850) 224-2608 District 2 Mary Helen Campbell Tampa (813) 272-5670 Terms Expiring 2005: District 3 Liz Hernandez Miami (305) 460-5215 District 5 Vivian Monaco Orlando (407) 836-7320 Terms Expiring 2~6: District 4 Susan L. Trevarthen Ft. Lauderdale (954) 763-4242 Terms Expiring 21~04 Ton-~a (305) 948-2939 (904) 633-7979 Ex-Officio Members: March 11, 2004 Mayor Jeff Perlman 100 N.W. 1st Ave. Delray Beach, FL 33444-2698 I 5 2nn Re: Proclamation and Pledge of Civility in the Month of May Dear Mayor Perlman: Please join with other cities and counties in the State of Florida to proclaim May as Civility Month. Like last year, we have expanded our program to include Florida's district school boards. We hope that the pledge of civility will uplift the tone and conduct in your meetings. Civility uplifts our common life, and invites citizens to participate in their government. The art of civility requires constant application everyday. The attorneys of the City, County and Local Government Law Section of The Florida Bar ask you to renew the pledge of public conduct. A sample proclamation is enclosed for your use. We urge all citizens to exemise civility toward each other throughout the year. Thank you for your attention to this important matter. Sincerely, Kenneth W. Buchman Chair Enclosure KWB:ck ECEIVED HAR 3 0 200 , CITY CLERK THE FLORIDA BAR/651 EAST JEFFERSON STREETFrALLAHASSEE FLORIDA 32399-2300/(850) 561-5631/FAX: (850)561-5825 PROCLAMATION Whel'eo~ the open exchange of public discourse is essential to the democratic system of government; and r/,'~he~'eas~ as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; Whel'elis~ civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others; and Wh~l'eas~ displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and r~h~/'eo..8~ civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and Whe~'eo.8~ civility can uplift our daily life and make it more pleasant to live in an organized society; and Wh~Feas~ the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. Now, therefore, be it resolved, by the City Commission or the City of that the month of May is proclaimed as Civility Month, and calls upon all citizens to exercise civility toward each other. Passedandadoptedthis dayof ,2004. ATTEST: CLERK WHEREAS, public works services provided in our community ara an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, straets and highways, public buildings, solid waste collection, parks and canal maintenance; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works functions is materially influenced by the people's attitude and understanding of the importance of the work they perform; and WHEREAS, this year's theme "24/'/: Focused on Our Community", centers on the pervasiveness of public works. We depend on the men and women who are always there and always ready. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of May 16, 2004 through May 22, 2004 as NATIONAL PUBLIC WORKS WEEK in Delray Beach, Florida, and urge all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. 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 13th day of Apdl, 2004. JEFF PERLMAN MAYOR Delray Beach FL 33444-2698 Re: "24/7: Focused on Our Community" - National Public Works Week National Public Works Week will be celebrated May 16-22, 2004. This year's theme, "24/7: Focused on Our Community", centers on the pervasiveness of public works. Each one of our communities depends on the men and women who are always there and always ready. National Public Works Week promotes a community's awareness that public works is vital to the growth and quality of life in any community. By your promotion of Public Works Week other government officials, business leaders, and citizens learn from you the importance of public works and the positive impact it has on each person's life. One simple thing you can do is have a Proclamation issued by your community recognizing National Public Works Week. In this way, you will acknowledge the men and women who have chosen this profession and perform so well. A sample proclamation has been enclosed for your review and use as appropriate. The Florida Chapter of the American Public Works Association is o~ce again asking for original copies of these proclamations so that they can be displayed at the Chapter's Annual Meeting and Tradeshow. (Please visit http://www.apwa.net/about/npwwlcelebrationsO3.asp#florida if you would like to see a photo of last year's display.) Over 85 proclamations were on display. What an impressive site to see! With your participation, we can continue with this tradition and show the support our governments g~ve to those in the public works field. This year the APWA Florida Chapter Annual Meeting and Tradeshow will take place May 3~ - 7th in West Palm Beach at the Palm Beach County Convention Center. Please mail an original copy of your proclamation to me, at the address below, by Monday, April 26th, so that it can be proudly displayed for all to see. Hundreds, if not thousands of public works professionals, will walk past this booth and see your proclamation on display. Most attendees stop by and look for their community's declaration. The Annual Meeting and Tradeshow is just one way you and your community can show support to the public works field. During National Public Works Week in May, your community may wish to participate in other activities and events to remind the public how your employees improve the quality of life for everyone in the community. I invite you to review APWA's website apwa.net/about/npww/. You can open the "How To" guide and get numerous ideas. If you have any questions, or require any assistance, please call, email, or write me. Looking forward to receiving your proclamation. Sincerely, William G. Chamberlin, Florida Chapter Chairman National Public Works Week Committee Please mail your Proclamation to: City of Orlando, c/o Bill Chamberlin, Stormwater Utility Division, 1030 S. Woods Avenue, Orlando, Florida 32805 Phone: (407) 246-2180 Fax: (407) 246-4050 Email: bilLchamberlin@cityoforlando.net Proclamation Office of the MayOr Proclamation Whereas, public works sevices provided in our community are an integral part of our citizenS' eve~jday lives; and Whereas, the suppOrt of an understanding and informed citizenry is vital to the effident operation of public works systems and programs such as water, sewers, public buildings, and solid waste collection; and streets and highwayS'safety and comfort of this community greatly depends on WhereaS, the health, these facilities and services; and - · - as their planning. Whereas, the quality and effectiveness of these fa~lit~es, aS well design, and construction, is vitally dependent upon the efforts and skill of public works officials; and - - of the qualified and dedicated personnel who staff Whereas, the ernoenCy ' materially influenced by the people's attitude and puMic works departments ~s undemtanding of the importance of the work they perform, , Now, therefore, I, -- --, Mayor of the City of _ aS do hereby proclaim the week of ~ ~ -- -National Pul~ic works week" ~ and I call in The CRy of ~ . . .-=T--__.~s to~aacquaint-~-~selves with the issues ...... and to recognize the contributions which u~on all dtizens and omc · '~'n- our puo,C WOrr~ comfort~ and quality of involved in provlu~ u public works officials make every day to our health, safety, life. Given under my hand and Seal of the CRy of _ day of thb Mayor WHEREAS, the Holocaust was the state-sponsored, systematic pemecufion and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews were the primary victims - six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents, also suffered gdevous oppression and death under Nazi tyranny; and WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; and WHEREAS, we the people of the City of Delray Beach, Florida, should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny, and WHEREAS, we the people of the City of Delray Beach, Florida, should actively rededicate ourselves to the principles of individual freedom in a just society; and WHEREAS, the Days of Remembrance have been set aside for the people of the City of Delray Beach, Florida, to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, Aprit 18 through Sunday, April 25, 2004, including the international Day of Remembrance known as Yom Hashoah, April 18, 2004. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of Sunday, April 18 through Sunday, April 25, 2004 as DAYS OF REMEMBRANCE In memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Deiray Beach, Florida, should strive to overcome intolerance and indifference through learning and remembrance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 13t~ day of April, 2004. JEFF PERLMAN MAYOR Dear Mayor: In accordance with its Congressional mandate, the United States Holocaust Memorial Museum will once again lead the nation in the annual Days of Remembrance of the Victims of the Holocaust, commemorated this year from Sunday, April 18 through Sunday, April 25. The Day of Remembrance, Yom Hashoah, is April 18. This year's observance will honor the memory of the Jews of Hungary, deported sixty years ago in the final stages of World War II, as well as those few courageous individuals, organizations and countries, such as Raoul Wallenberg and the War Refugee Board, who attempted to rescue them. The anniversary of the deportations provides the theme for this year's memorial ceremony, captured in remarks by President Franklin Delano Roosevelt on March 24, 1944: "For Justice and Humanity." During this speech, President Roosevelt called for the rescue of the Jewish population in Hungary, saying, "In the name of justice and humanity let all freedom loving people rally to this righteous undertaking:' Today, as the Museum begins its second decade as America's memorial to the victims of the Holocaust, individual and communal acts of heroism and rescue during the Holocaust serve as powerful examples of how our nation and its citizens can - and must - respond to acts of hatred and inhumanity. Recognizing the importance that we, as a nation and individually, must strive to overcome prejudice and inhumanity through education, vigilance and tolerance, your personal leadership in this national commitment to remember is essential. Thus, we respectfully encourage you commemorate the Days of Remembrance with appropriate ceremonies and programs and to issue, as was done in the past, a special Days of Remembrance Proclamation for distribution to the citizens of your city. A sample is enclosed for your consideration and convenience. A background piece on the theme is enclosed and we encourage you to access the Museum's website at www.ushmm.org for further information on Days of Remembrance. We are grateful for your leadership and support in this important endeavor. Sincerely, Benjamin Meed Chairman, Days of Remembrance Enclosures 100RAOULWALLENBERG PLACE, SW, WASHINGTON, DC 20024-2126 TEL 202.488.0400 FAX 202.488.2690 www.ushmm.org "For Justice and Humanity" Days of Remembrance April 18-25, 2004 "In the name of justice and humanity let all freedom loving people rally to this righteous undertaking." President Franklin D. Roosevelt calls for the rescue of the Jewish population in Hungary, March 24, 1944 The United States Holocaust Memorial Museum is mandated by Congress to educate Americans about the history of the Holocaust and to annually commemorate its victimq in the national Days of Remembrance ceremony. The Museum has designated "For Justice and Humanity" as the theme for the 2004 Days of Remembrance in memory of the Jews of Hungary, deported sixty years ago in the final stages of World War H; and to honor those courageous individuals as well as the few organizations and countries who attempted to rescue them. In 1944, Nazi Germany and its collaborators continued, even accelerated, the killings of the "Final Solution" despite certain military defeat. By late summer 1944, Soviet forces, having crushed the German Army in Belorussia, were approaching Germany from the east, while British and American forces, following their successful D-Day invasion of France in June, approached from the west. Suspicious of Hungarian efforts to desert the Axis alliance, German forces occupied Hungary in March 1944. In May, Hungarian officials, with German guidance, began the systematic deportation of Jews from Hungary. Most of the vietirus were deported to the Auschwitz-Birkenau killing center in German-occupied Poland, while a minority was deported to a string of transit and forced labor camps on the Austro-Hungarian border. In less than three months, German and Hungarian authorities deported approximately 440,000 Jews. At least half of them were killed in gas chambers immediately upon their arrival at Ausehwitz-Birkenau. By the time the Red Army drove the Germans and their Hungarian collaborators out of Hungary in April 1945, nearly four-fifths of the Hungarian Jewish community had been killed. Yet there were some individuals, organizations and countries that asserted the value of humun life in the . face of the systematic murder of men, women and children. The War Refugee Board (WRB), established on January 22, 1944, by executive order of President Franklin Delano Roosevelt, worked with Jewish organizations, diplomats from neutral countries, and resistance groups in Europe to rescue Jews from occupied territories and provide relief to inmates of Nazi concentration camps. Its mandate was to take "all measures to rescue victims of enemy oppression in imminent danger of death." The creation of the WRB was largely the work of Treasury Secretary Henry Morgenthau, Jr. and his team. Following the 1942 cenfinnation of the mass murder of Europe's Jews, the failure of the Bermuda Conference on rescue in April 1943, and the growing outrage of the American Jewry at how little was being done to rescue the remnant of Europo's Jews, there was pressure on Roosevelt to take action, which he fmally did in establishing the WRB in 1944. Measured against the enormity of the Holocaust, the work of the WRB and its accomplishments were far too late and exceedingly modest. Yet, when viewed in the context of the military situation in early 1944, and the enormous challenges faced by the agency, the activities and results of the WRB were significant. Raoul Wallenberg, a Swedish diplomat based in Budapest, Hungary, led the War Refugee Board's most extensive rescue efforts. Wallenberg and his Swedish colleagues helped protect tens of thousands of Hungarian Jews from being deported to Auschwitz by distributing protective Swedish passports or travel papers. As Sweden was a neutral country, Germany could not easily harm Swedish citizens. Diplomats from other neutral countries joined the rescue effort. Carl Lutz, a Swiss diplomat, issued certificates of emigration placing nearly 50,000 Jews in Budapest under Swiss protection. Italian businessman Giorgio Peflasca, posing as a Spanish diplomat, issued forged Spanish visas and established under his "authority" safe houses, including one for Jewish children. When Soviet forces liberated Budapest in February 1945, more than 100,000 Jews still remained in the city because of the efforts of Wailenberg, Lutz, Perlasca, and other diplomats and individuals. The War Refugee Board played a crucial role in the rescue of as many as 200,000 Jews in German-occupied Europe. U.S. officials knew about German plans to murder the European Jews more than a year before taking specific action, in establishing the War Refugee Board, to help rescue Europe's Jews. Even though this action was late, it saved lives, reminding ns of the terrible consequences of indifference and of the possibility for individuals, organizations and countries to confront and work to halt acts of genocide or related crimes against humanity. SAMPLE CIVIC PROCLAMATION FOR THE DAYS OF REMEMBRANCE Sunday, April 18 through Sunday, April 25, 2004 "FOR JUSTICE AND HUMANITY" The language suggested below is based on messages and proclamations sent to the United States Holocaust Memorial Museum's Days of Remembrance Program by pubHc officials. Actual wording is the prerogative of the official who issues the document. Whereas, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews were the primary victims - six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah's Wimesses, Soviet prisoners of war and political dissidents, also suffered grievous oppression and death under Nazi tyranny. Whereas, the lfistory of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; and Whereas, we the people of the City of should always remember the terrible events of the Holocaust and remain vigilant against hatred, perseculion, and tyranny, and Whereas, we the people of the City of should actively rededicate ourselves to the principles of individual beedom in a just society; and Whereas, the Days of Remembrance have been set aside for the people of the City of to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and Whereas, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, April 18 through Sunday, April 25, 2004, including the international Day of Remembrance known as Yom Hashoah, April 18; Now, therefore, I , Mayor of , do hereby proclaim the week of Sunday, April 18 through Sunday, April 25, 2004, as Days of Remembrance in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of , should strive to overcome intolerance and indifference through learning and remembrance. GREATER DELRAY BEACH Chamber of Commerce RECEIVED 2 200ti CITY' MAI iAGE q Memo to: From.' Re: Date: Mayor and City Commission & Community Redevelopment Agency Randy Welker, Business Recruitment Director Six Month Review of Business Recruitment Efforts March 25, 2004 Effective August of 2003, the City of Delray Beach, the Delray Beach Community Redevelopment Agency and the Greater Delray Beach Chamber of Commerce committed to cooperatively create a new position of Business Recruitment Director. This new position's purpose is to further the economic development efforts within Delray Beach in a collaborative and streamlined manner in order to promote a vibrant and competitive community. The Business Recruitment Director functions as the administrator of an economic development program that identifies and recruits targeted businesses to locate in Delray Beach. Besides implementing and directing a business recruitment program, the Director promotes the city to the real estate community to encourage investment by the private sector. The following six month review documents the specific goals and economic development efforts that are underway and an overview of the work that is being accomplished. BACKGROUND There is a fundamental shill in economic development throughout the country. In many instances, economic development has been a "reactionary" field: simply, responding to change initiated by companies and their current needs. Now, many communities are becoming more "proactive" with their efforts. These communities have attempted to envision what changes are needed in their commtmities to ensure that their residents have the services required to meet their needs. The Downtown Delray Beach Master Plan identifies itself as "A Citizen's Master Plan for the Growth and Unification of Dekay Beach." The goal of the plan is to "create a ffamewurk that will facilitate development and investment in private land as well as in public infrastructure, preserve the city's heritage, enhance its livability and sense of unity and maintain its design quality, both architectural and urban..." through the achievement of specific objectives. Two specific objectives relating to economic development state: [] To facilitate economic development and ensure that Atlantic Avenue and its immediate surroundings remain the economic, cultural and governmental center of the City. [] To encourage local ownership of properties, businesses and development. Using these goals and objectives, efforts are underway to identify concg~anies that fulfill the needs of the residents of Delray Beach and which can he supported by the visitors that come to our city as a vacation destination. TARGETS The following chart identifies potential types of businesses that our residents have identified as specific needs that when filled would enhance the community and its living accoutrements. Each of these categories is geared toward reaching one of the three primary target markets: daytime business population, market area residents, and visitors. Master P~no Targeted Areas and Targeted Businesses West AtlanticfNWSW 6~ Cluster West of lntracoustal Cluster Video StorefMusie Store Ethnic Restaurant Take-out Food Banking Facilities Shoe Store/Shoe Repair Pharmacy Ethnic Grocery Store Bookstore Men's and Women's Apparel Cookware Optical Sporting Goods Gourmet Food Store Shoe Stores/Variety/Wine Selection Trtmsltion Cluster/Government Services North Federal Highway Cluster Jazz Club Dry Cleaner Daycare Bakery Coffee Shop Health Club Office Uses Business Support Services Dry Cleaners Day Care Beachside Cluster Pineapple Grove Cluster Specialty Bookstore/Coffee Shop Gourmet Market/Specialty Foods Antiques Home Furnishings Ethnic Restaurants Specialty Clothing Tourist Related Businesses Restaurants Specialty Retail/Convenience Goods Entertainment Cluster Osceola Park Cluster Thriving area but additional daytime traffic Ex: Up,scale Men's and Women's Apparel Art Galleries Luggage and Travel Accessories/Gifis Haitian Restaurants Bakery Fresh Market Men's and Women's Apparel Bookstore Other, such as Paint Stores/Gardening/Pool Supplies 2 Other Targeted Areas and Areas of Concern The retail market for Delray Beach also centers on a variety of areas along the main auto corridors. These areas have been built to satisfy the shitting markets that developed as people moved to neighborhoods west ofi-95 and outside of the Central Business District as housing developed throughout the city. The following shopping centers are each unique in their success and mix of businesses. Some are experiencing higher vacancy levels or lower rental rates than wanted for the Delray Beach market. This particular concentration of retail is currently not being studied by the city, but offers an opportunity for attraction of new retail to the market. Shopping Centers Federal Highway Corridor Automobile Cluster The Plaza at Delray/Thriving and Healthy 01d Harbor Delray P!aTa South Delray Shopping Center Linton Blvd. Corridor Delray Crossing Shopping Center Linton International Plaza Global Imports/Old Costco Congress Avenue Corridor Lincoln Square Shopping Center Sherwood Plaza Shopping Center Congress Square Shopping Center Lake Ida Plaza Military Trail Corridor Bocaray Plaza Delray Town Center Delray West Plaza Delmy Square P!aTa Trails End Plaza In addition to the efforts underway to attract targeted businesses to the Central Business District, the shopping corridors will also need to receive attention to assist their needs to attract nameplates for residents in those districts, The recent closing of the Circuit City on Linton Blvd. is an indication of how fragile the retail market is in Delray Beach and how our shopping corridors need to be examined. 3 SPECIFIC EFFORTS UNDERWAY The growth that Delmy Beach is experiencing is due to its attractive downtown and ocean focus. It was recently described as "hip, trendy, chic, and the place to live if you can afford it." It has a look and feel that is hard to duplicate and has revived the area as the "place to live, work, and play." Dekay's landmarks and events draw local residents as well as tourists to "walk the Avenue." This message is being relayed to the location representatives that assist in the placement of new businesses, both in the retail and office sectors. A grant is being sought fi.om the CRA that would enable the Joint Venture to analyze the data collected fi.om its eight "clusters" incorporating the Central Business District of Delray Beach. Once the consultant has analyzed the data and given a strategic assessment of the potential market and merchant categories needed, it will allow a focused approach to recruitment. Retail Thus far, development activities including phone calls, e-mails, and letters with market information have been sent to companies represented in our targeted list. Many of those companies are located in malls and strip centers throughout the region. Some are independent operators who might be interested in establishing a second store in this market. Others contacted are those that expressed an interest in expanding in South Florida and would be a good fit for Dekay Beach. National bookstore chains such as Borders and Barnes and Noble, as well as regional retailers such as Joseph-Beth Booksellers and local retailers such as the Clematis Street News Stand are examples of potential retailers for Delray Beach in the bookstore category. Retailers such as Tiffany's, Mayor's Jewelers, Nine West, Kaye-Louise, Fresh Market, IKEA, Chipolte's, and LaCoste are a sampling of other groups contacted. Although Delmy Beach is unique in its potential for attracting new residents and retail, it is still at the very beginnings of this redevelopment. Our demographic and household income levels are changing, but still do not reach the levels of our neighbors and some jurisdictions within Palm Beach County. As those numbers rise due to the at~raction of new residents in our downtown, we will meet key demographic requirements and be better able to attract a variety of retail to the downtown business district. Contacts have been made with over 50 different retail operations or real estate location specialists and approximately 25 more inquiries requesting location information. Over half of the requests are for opportunities to open restaurants or seeking available space for restaurants. The remaining requests have been for a variety of retail operations from women's apparel to small galleries. Office The office market has been a focus of efforts in responding to requests from those expressing interest in Delray Beach. One such company is Multi-Media Productions, a 35 member company that produces television programming such as Alexander Haig's World Business Review. Their goal is to produce a new program that will feature architect Michael Graves and follow the building designed by him in Delray Beach. Each week will open fi.om the building site and will showcase what is happening in the progress of the building. The company's goal is to have an architecturally significant 4 office building designed by a world class architect that will result in 35 new individuals who will now be working in Delray Beach. This particular project offers several distinct opportunities that do not normally accrue from an office project. Over 20 calls have been received regarding office space from individuals seeking small less than 500 square feet to 35 member firms seeking 10,000 square feet. A current search for a client seeking temporary office space for a movie company is underway. Delray Beach has been in competition with neighboring communities such as Boca Raton to attract small firms moving to South Florida. The relocation of Office Depot to Boca Raton will offer our city an opportanity to determine what type of business should be attracted to the region. Although it will be extremely difficult to attract a national headquarters to the site, the location and possible alternatives that the 40 acre parcel present, make it an extremely rare opportunity to determine how best to develop for the future. Our office is establishing the contacts with identified representatives of Office Depot to enable the site to be redeveloped to its maximum potential. It is an opportunity to explore alternative approaches to economic development that includes focusing on the needs of the community as well: for instance, the need for workforce housing in Delray Beach. The specific goals will be identified in cooperation with Office Depot to ensure that the redevelopment is responsive to our community's needs. Rehtionships An ongoing effort is being made to acquaint and develop relationships with the organizations and groups that are also working on a regional basis to attract companies to Palm Beach County, such as The Scripps Research Institute. The Business Development Board, along with other organizations, has worked to make businesses knowledgeable about this project and how they might take advantage of the new business development that will occur. Our goal is to be called upon when other companies come to this region as a result of their growth in South Florida. To do that, we are establishing contact relationships that will enable economic development opportunities to see Delray Beach as a viable alternative and an exciting location for a company's expansion~ Marl~t Knowledge Recently, the Economic Development Administration oftbe U.S. Department of Commeme held a regional seminar in Ocala, Florida entitled "Competing Globally, Growing Regional Economies, Creating Jobs" where panels presented up to date information about the programs available in the market place. This type of seminar is an example of one of the many opportunities that have been available and attended to enable our recruitment efforts to be as effective as possible when competing against other locations. It is important to continue attending such conferences that have been created both locally and on a regional basis. Greater Delmy Beach Chamber of Commerce ] 64 SE 5th Ave. ~ Delmy Beach FL 33483 t (561) 278-0424 FAX 2784)555 chamber~delmvbeach.com ] www.d~lmybeach.com ~ www.voutlffvi.com 5 TO: THRU: FROM: SUBJECT: DA VIB~.~.D ~NAG E R PAUL DORLING, DIRF;~C'jrOR OF PLANNING AND~.ONING MEETING OF APRIL '13, 2004 *CONSENT AGENDA ABANDONMENT OF A PORTION OF A 12-FOOT WIDE EASEMENT LYING WITHIN LOT 6 OF VALENCIA COURT. UTILITY The request involves abandoning a 12' wide by 67.15' long portion of a 12' wide utility easement running along the entire west side of the Plat of Valencia Court (Plat Book 94, Page 165). Valencia Court development is located on the north side of Old Germantown Road, west of Homewood Boulevard. The subject easement was dedicated on the plat of Valencia Court to accommodate a proposed 8" sanitary sewer main. The sewer main was not proposed to be installed along the entire length of this plat, however, it was decided during the platting process to extend the 12' wide utility easement along the entire west side of Lot 6 to the northern plat limits as a matter of simplicity. The sewer main was installed within the easement area along Tract "A" of Valencia Court and continues northerly approximately 70' onto Lot 6 before turning westerly at a 90 degree angle into the adjacent development to the west (Spanish Wells). The portion of the easement to be abandoned extends north from where the sewer main turns to the west. Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior to the City Commission granting an abandonment: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. The City's Environmental Services Department (water & sewer service) has reviewed the request and have no objection. Florida Power & Light, Adelphia Cable, Florida Public Utilities Co. (gas) and BellSouth did not locate any facilities within the abandonment area and therefore have no objection. The request currently before the City Commission is to abandon a portion of this utility easement to remove the unnecessary encumbrance and building restrictions with respect to side setbacks on this portion of the property. The request was submitted by Mr. Ron Lasota, developer for the Valencia Court, and Lot 6 is currently vacant. By motion, approve the abandonment of a 12' x 67.15' portion of a utility easement lying within Lot 6, Valencia Court (Plat Book 94, Page 165), based upon positive findings with respect to LDR Section 2.4.6(P)(5), Abandonment of Public Easements. Attachments: · Location Map · Abandonment Resolution · Valencia Court Plat LAKESIDE~ TOWNHOMES LIN TON CANAL L-36 LAKE~EW GREENS CONDO PINE BOULEVARD CANAL L-.36 SPANISH WELLS OLD SAN JUAN DR, SUMMIT DEL RAY APTS. SOU TH WINDS AT CROSSWINDS AZALEA BEGONIA CT. CT. CT. DRACAENA CT, S,W. 25RD LN. SALERNO WAY · C A N A L L-37 CALABRIA WAY SAN REMO WAY N ~ VALENCIA COURT CITY OF DELRAY BEACH, FL PLANNING & ZONINGDEPARTMENT RESOLUTION NO. 29-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A 12' WIDE UTILITY EASEMENT LOCATED WITHIN LOT 6, VALENCIA COURT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of a 12' wide utility easement located within Lot 6, Valencia Court (Plat Book 94, Page 165); and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(P)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. reference. That the foregoing recitals are hereby incorporated herein by this Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described in Exhibit "A": PASSED AND ADOPTED in regular session on this the __ day of ,2004. ATTEST: MAYOR City Clerk SKETCH ?Ri)ER NO. 04-22EA OF DESCRIPTION SPANISH WELLS (PLAT BOOK .74, PAGES 19-20.) ,NORTH LIYE LOT 6 EXHIBIT "A" NO TES: lT'gS IS NOT A SURVEY THE Ill/EST LIVE OF LOT 6 IS ASSUMED TO ~AR N.O°O0'O0'~.. OESCRt° TION: THE NORTH 67.15 FEET OF ~ WEST 12.0 FEET OF LOT 6, VALENOA COURT, ACCOR~ TO THE PLAT THEREOF AS RECORDED ~ PLA T BOOK 94, PAGE 165, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. EXHIBIT "A " SHEET I OF 1 PAUL D. E~,~W,.E - )/' ' SURVEYOR >~ND MA¢:~PER 1~t5708 DA TE: FEB. 2, 2004 O'BRIEN, SUITER & O'BRIEN. INC CERTIFICATE OF AUTHORIZATION ~LB355 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAUL O. ENGLE 2601 NORTH FEDERAL HIGHWAY OELRA Y BEACH FLORIDA (561) 276-4501 (561.) 752-,7279 TO: THRU: FROM: SUBJECT: MEETING OF APRIL 13, 2004 **CONSENT AGENDA** ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION ASSOCIATED WITH JOHN HOCK OFFICES. The action requested of the City Commission is acceptance of a right-of-way deed associated with the John Hock Offices, located on the west side of NE 1st Avenue between NE 3rd Street and Lake Ida Road (NE 4th Street), within the OSSHAD (Old School Square Historic Arts District). At its meeting of July 16, 2003, the Historic Preservation Board (HPB) approved a Class V Site Plan, Landscape Plan, and Design Elements for the conversion of 742 sq. ft. single family home to offices, subject to conditions, which included recordation of a five foot (5') right-of-way dedication along the west side of NE 1st Avenue. Currently, a 5' wide sidewalk exists on the east side of the subject property adjacent to NE 1st Avenue. However, as the existing sidewalk is located outside the current NE 1st Avenue right-of-way, a five foot (5') right-of-way dedication must be made to accommodate the existing sidewalk. The Development Services Management Group (DSMG) reviewed the development proposal during its meeting of July 17, 2003 and supported the reduction of the right-of-way from the required 60' to 50'. The City Attorney has reviewed the right-of-way deed for legal sufficiency and form, and determined it to be acceptable. By motion, accept the right-of-way deed associated with the John Hock Offices. Attachments: Location Map Reduced Site Plan Right-of-Way Deed °" ENTERPRISES . VARIANCE REQUEST L A K E I D A R O A O N.E. 4TH ST. POST -- 314 N.E, 1ST AVENUE CA$ON -- OFF/CE -- ~_ ~ METHODIST CHURCH SUBJECT AREA ~ -- SUPPLEMENTAL INFORMATION -- ATTORNEY ~ --- ~ -- BUiLDiNG ~ I --- __ FLUM: OMU (OTHER MIXED USE) I zCITY COMMUNITY __ ~ ~ ~__ CENTER __ ~_~. .D ATLANTIC< AVENUE COUNTY ~ - COURT ...... POST -- OFFICE Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED THIS INDENTURE made this [ I ~'hday of March, 2004, between JOHN R. HOCK, a married man, and CAROLYN S. SMITH, a married woman, with a mailing address of P.O. Box 1540, Delray Beach, Florida 33447-1540, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. **The above described property is not now and has never been the homestead of Grantor(s), Carolyn S. Smith, resides at 234 NW 8th Street, Boca Raton, FL 33432, and John R. Hock resides at 403 Oregon Lane, Boca Ratoth Florida 33487. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a fight-of-way and easement in and to said lands for public highway, street, sidewalk and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. WlTNES (Name p: .nted or typed) (Name printed or ~) PARTY OF THE. FIRST PART HO¢IC CAROLYN S. SMITH STATE OF FLORIDA COUNTY OF PALM BEACH , I ~t~ f March The foregoing instrument was a.c. know~efore me this // day o , 2004, by John R. Hock and Carolyn S. Snutl~l~Ie/She are personally known to ~me~gr have _ (type of id~entific~ - - produced /~l~Jl~]] ~[J.~ ~ SignatUre of Person Takingfjtcknowledgment Name Typed, Prifit~xl or'St~ped 2 Exhibit "A" The East five (5) feet of Lot 25, Block 65, Subdivision of Block 65 Delray, A/ICdA The City of Delray Beach (formerly known as Linton), according to the Plat thereof, as recorded in Plat Book 2, Page 20, of the Public Records of Palm Beach County, Florida. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~- - REGULAR MEETING OF APRIL 13. 2004 RESOLUTION NO. 33-04/_IOINT PARTICIPATION AGREEMENT/ FLORIDA DEPARTMENT OF TRANSPORTATION DATE: APRIL 9, 2004 This is before the Commission to approve Resolution No. 33-04 and the joint participation agreement in the amount of $300,000.00 between the City and the Florida Department of Transportation (FDOT) for the signalization of the intersection of U.S.1 and Tropic Boulevard. Recommend approval of Resolution No. 33-04 and the joint participation agreement with the Florida Department of Transportation (FDOT) for the signalization of the intersection of U.S.1 and Tropic Boulevard. S:\City Clerk\agenda memos k} PA.FDOT.Tropic Blvd.04.13.04 RESOLUTION NO. 33-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF US-1 AND TROPIC BOULEVARD AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Dekay Beach, Florida desires to approve the Joint Participation Agreement for the installation of a traffic signal at the intersection of US-1 and Tropic Boulevard; and WHEREAS, the C~ty Commission authorizes the execution of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: S¢¢tion 1. The City Commission of the City of Delray Beach authorizes the entry into the Joint Participation Agreement between the City and the Florida Depaitment of Transportation and authorizes the execution thereof. Section 2. That the recitals set forth above are incorporated as if fully set forth herein. PASSED AND ADOPTED in regular session on this the __ day of ,2004. ATI'EST: MAYOR City Clerk City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www. MvDelrayBeach, eom TO: FROM: David Harden, City Manage~//.-~ Randal L. Krejcarek, P.E. SUBJECT: US 1 @ Tropic Boulevard Signalization Joint Participation Agreement with Florida Department of Transportation Project 2004-030 Commission Agenda Item DATE: April 2, 2004 The attached agenda item is a request for Commission approval/authorization for Mayor to execute a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the signalization of the intersection of US 1 and Tropic Boulevard. The JPA will reimburse the City of costs associated with the design and construction of a fully actuated signal and associated hardware to be fully integrated into the Palm Beach County Traffic Signal System. The City will be reimbursed up to $300,000.00. Any costs associated with this project over this amount will be the responsibility of the City. This agreement is valid until 31 January 2006, This agreement is contingent of the City Attorney's review and approval of the JPA. This project will be added to the City's 2004-2005 CIP. A map indicating the project location is attached. Please place this JPA on the 13 Apr 2004 Commission Agenda. Thank you. enc. cc Richard Hasko, P.E. Agenda File; 04.13.04 File 2004-030(A) S:tEngAdmin~Projects~2OO4~2OO4-O30~OFFICIAL ~2004 apr 13 agenda memo,doc Page 1 of 1 Kucmerowski, Carolanne From: Shutt, Brian Sent: Wednesday, April 07, 2004 9:04 AM To: Kucmerowski, Carolanne Subject: RE: Attached Resolution Carolanne, the JPA is ok. I have also attached the revised resolution that you may use for this. R. Brian Shutt Assistant City Attorney 200 N.W. 1st Avenue Dekay Beach, FL 33444 (561)243-7091 Fax (561)278-4755 shutt~ci, delray-beach.fl, us ..... Original Message ..... From: Kucmerowski, Carolanne. Sent: Wednesday, April 07, 2004 8:37 AH To: Shutt, BHan Subject: Attached Resolution Brian, Here's the Resolution we spoke about, it's for a FDOT memorandum of maintenance. Will this work? If not, I'll keep looking for resolution for a JPA. Thanks, Carolanne Kucmerowski Executive Assistant/Agenda Coordinator City of Delray Beach/City Clerk's Office Phone: (561) 243-7059 Fax: (561) 243-3774 4/7/2004 EE LANE LIN TO N BOULEVARD (~ C'TY of DJ:bRAY BEAOH us1 @ TROPIC BOULEVARD D^T[:,-~-,00, ENVIRONMENTAL ~RVICE8 DEPARTMENT SI GNALI ZATI ON LOCATION MAP 4~4 ~ ~IVI~rON AV~N[~, D~LRA¥ re. ACH, PLORI~A ~ 2004-030 JEB BUSH GOVERNOR F/or/da Department of Transportation PROFESSIONAL AND OTHER CONTRACTUAL SERVICES - DISTRICT IV 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309-3421 Telephone: (954) 777.4603/fax (954) 777-4602 JOS~ABREU SECRETARY Mr. Randal L. Krejcarek, P.E. City Engineer City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 March 30, 2004 RE: Joint Participation Agreement State FM# 416589-1-58-01 Dear Mr. Krejcarek: I am enclosing five (5) copies of the Joint Participation Agreement (JPA's) for the above referenced project. Please DO NOT fill in the date of the contract. The date of the contract shall be completed by our staff upon execution by the Department of Transportation's Director of Transport Support. A fully executed copy will then be forwarded to you for your files. In addition to returning the five signed original agreements, please forward: · Two (2) original and three (3) certified copies of the Commission resolution that authorizes the execution of the JPA. if it is not possible to obtain the resolutions, please forward: · Five (5) certified copies of the minutes of the Commission meeting at which this agreement was approved for execution. Should you have any questions, please contact me at 954-777-2285. Sincerely, Professional Services Unit Enclosure: Copy: JPA Agreement Jonathan Overton- FDOTw~v~s~g.~sr File (~ RECYCLED PAPER FM No: 416589-1-58-01 FEID No: VF-596-000-308 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this day of 200__, by and between the State of Flodda Department of Transportation hereinafter called the DEPARTMENT, and the CITY OF DELRAY BEACH, located at 100 N.W Ist Avenue, Delray Beach, Florida, 33444 hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT make certain improvements in connection with Financial Management No. 416589-1-58-01 for the Design & Construction of a fully actuated traffic signal and associated hardware to be fully integrated into the Palm Beach County Traffic Signal System at the intersection of SR-5/US-1 and Tropic Boulevard in Delray Beach in Palm Beach County, Florida; and, WHEREAS, for purposes of this agreement, improvements to be made as stated above are hereinafter referred to as the "PROJECT"; and, WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the PARTICIPANT to perform such activities; and, WHEREAS, the PARTICIPANT by Resolution No. adopted on ,200__, a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. The PARTICIPANT shall be'responsible for all costs associated with the design, installation and inspection of the traffic signal, and shall coordinate all inspections. The PARTICIPANT shall also be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the PARTICIPANT at no extra cost. The DEPARTMENT will issue a general use permit, based on approved design plans, to the PARTICIPANT for installation, by the PARTICIPANT, for this PROJECT. The PARTICIPANT shall have the sole rasponsibility for resolving claims and requests for additional work for the Project. The PARTICIPANT will make best efforts to obtain the DEPARTMENT input in its decisions. I of 5 10. 11. 12. 13. The DEPARTMENT agrees to pay the PARTICIPANT for the Design & Construction of a fully actuated traffic signal and associated hardware to be fully integrated into the Palm Beach County Traffic Signal System at the intersection of SR-5/US-1 and Tropic Boulevard in Delray Beach in Palm Beach County. The DEPARTMENT'S participation for this project is a maximum of THREE HUNDRED THOUSAND DOLLARS ($300,000.00). The DEPARTMENT will provide to the PARTICIPANT a Lump Sum payment not to exceed THREE HUNDRED THOUSAND DOLLARS ($300,000.00) after the completion and acceptance of the services. If the actual cost of the project exceeds the original estimate, the overruns in cost shall be the sole responsibility of the PARTICIPANT. In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of this AGREEMENT, the PARTICIPANT shall pay the DEPARTMENT'S reasonable attorney fees and court costs if the DEPARTMENT prevails. Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the Project, the AGREEMENT may be amended to identify the respective responsibilities and the financial arrangements between the parties. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the pdor written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT or January 31, 2006, whichever occurs first. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department of Financial Services under Section 215.422(14), Florida Statutes, or by the Department's Comptroller under Section 334.044(29), FIodda Statutes. If this AGREEMENT involves units of deliverables, then such units must be received and accepted in writing by the Project Manager prior to payments. The DEPARTMENTwill render a decision on the acceptability of services within ~0 working days of receipt of a progress report. The DEPARTMENT reserves the right to withhold payments for work not completed, or work completed unsatisfactorily, or work that is deemed inadequate or untimely by the DEPARTMENT. Any payment withheld will be released and paid to the PARTICIPANT promptly when work is subsequently performed. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. PARTICIPANTS providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has (10) ten working days to inspect and approve the goods and services. The DEPARTMENT has 20 days to deliver a request for 2 of 5 14. 15. 16. 17. 18. 19. payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the PARTICIPANT. Interest penalties of less than one (1) dollar will not be enforced unless the PARTICIPANT requests payment. Invoices that have to be returned to a PARTICIPANT because of PARTICIPANT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9'724 or by calling the Department of Financial Services's Hotline, 1-800-848-3792. Records of costs incurred under the terms of this AGREEMENT shall be maintained and made available upon request to the DEPARTMENT at all times during the pedod of this AGREEMENT and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the PARTICIPANT'S general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, dudng any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contrac{. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for pedods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year." The DEPARTMENT'S obligation to pay is contingent upon an annual appropriation by the Florida Legislature. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this AGREEMENT, 3 of 5 and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 20. To the extent allowed by the Laws of Florida, the PARTICIPANT hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission, or commission of the PARTICIPANT, its agents, contractors, subcontractors, consultants, and/or employees, arising out of this contract or the work which is the subject hereof. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 21. This AGREEMENT is govemed by and construed in accordance with the laws of the State of Florida. 22. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any pdor representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 23. Any or all notices (except invoices) given or required under this AGREEMENT shall be in wdting and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - Distdct Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leqs A. Kennedy, Jr. With a copy to: Jonathan Overton A second copy to: District General Counsel If to the PARTICIPANT: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Flodda 33444 Attn: Randal Krejcarek City Engineer With a copy to: Attorney [ THIS SPACE INTENTIONALLY LEFT BLANK ] 4 0£5 IN WI'INESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Ill Local Government: Authorization has been given to enter into and execute this Agreement by Resolution No. ., hereto attached.] CITY OF DELRAY BEACH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: NAME: TITLE: ATTEST: CITY CLERK (SEAL) BY: ROSIELYN QUIROZ DIRECTOR OF TRANSPORTATION SUPPORT APPROVED: (AS TO FORM) BY: DISTRICT GENERAL COUNSEL APPROVED: APPROVED: BY: CITY ATTORNEY BY: PROFESSIONAL SERVICES ADMINISTRATOR 5 of 5 Date: 05 Apr 2004 AGENDA ITEM NUMBER:~--_ AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 13 Apr 2004 Description of Agenda Item (who, what, where, how much): Request for Commission approval/authorization for Mayor to execute a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the signalization of the intersection of US 1 and Tropic Boulevard. The City will be reimbursed up to $300,000.00. This agreement is valid until 31 January 2006. This agenda request is contingent on the City Attorney's review and approval of the JPA. Recommendation: Staff recommenda.aooroval 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: Will be proposed in FY 2004-2005 CIP Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:(~ / No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2004\2004-030\OFFICIAL\2004 apr 13 agenda request.doc TO: THRU: FROM: SUBJECT: D/~A~/C, ITY MANAGER PA~UL DORLING,(D_II~ECTOR OF PLANNING & ZONING "~-~Oi~D, SENIOR p LAN N E R MEETING OF APRIL 13, 2004 *CONSENT AGENDA* INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2004-2 The action requested of the City Commission is initiation of Comprehensive Plan Amendment 2004-2. Pursuant to LDR Section 9.2.1, amendments to the Plan must be formally initiated by the City Commission. By Florida State Statutes the City is allowed to process two Comprehensive Plan amendments each year. This amendment represents the second amendment for the year 2004. The amendment includes two (2) City initiated Future Land Use Map amendments, two (2) privately initiated Future Land Use Map amendments and a number of text changes, including those regarding increases in density in the Southwest Area Neighborhood Redevelopment Plan and Plan requirements adopted by the Florida Legislature in 2002 for a new 10-year Water Supply Facilities Work Plan. A brief description of each item suggested for inclusion in the Plan Amendment is listed below: CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS: r~ City initiated Future Land Use Map amendment for property within the West Atlantic Overlay District from GC (General Commercial) and CF-P (Community Facilities - Public Buildings) to CC (Commercial Core). Modification of the Future Land Use Map to consolidate and eliminate unnecessary FLUM designations. This will also require modification to the Future Land Use Map category descriptions in the Future Land Use Element. PRIVATELY INITIA TED FUTURE LAND USE MAP AMENDMENT: Privately initiated Future Land Use Map amendment for approximately 9 acres on the southwest corner of Swinton Avenue and SW 10th Street from LD (Low Density Residential 0-5 Units/Acre) to MD (Medium Density Residential 5-12 Units/Acre). Privately initiated Future Land Use Map amendment for a portion of the Lighthouse property, located south of SW 1st Street, between SW 1st and SW 2nd Avenues, from MD (Medium Density Residential 5-12 Units/Acre) to OMU (Other Mixed Use). City Commission Documentation Initiation of Plan Amendment 2004-2 Page 2 TEXT AMENDMENTS: r~ Modification of Table SD-CIP in the Capital Improvement Element. This table is the School District's Six Year Capital Improvement Schedule referenced in CIP Element Policy A-8.3; [] Updated Map Series for The School District in the Public Schools Facilities Element. Replace Map PS 1.1; PS 2.1; PS 3.1; and PS 3.3. Eliminate Maps PS 3.2 and PS 3.4; Public Schools Facilities Element - Updated School Attendance Zone Maps in Appendix C; Public Schools Facilities Element - Amendments required to maintain consistency with the recently amended Interlocal Agreement o Add definition for "First FTE Student Count" to Definitions section o Amend Policy A-1.1 dealing with the LOS standard o Amend Policy A-3.1 dealing with intergovernmental coordination [] Future Land Use Element - Modification of the description of the Medium Density FLUM designation to include provisions for increased density to approximately 24 units/acre within the boundaries of a special overlay district within the Southwest Neighborhood Area, subject to Conditional Use approval. This overlay district, located between the commercial area along West Atlantic Avenue and SW 2nd Street, from Swinton Avenue to Interstate 95, is being created to accommodate higher density residential development pursuant to the Southwest Area Neighborhood Redevelopment Plan; [] Future Land Use Element - Modification of the description of the General Commercial FLUM Designation to remove the language related to the West Atlantic Overlay Area; [] Future Land Use Element - Modification of the description of the Commercial Core FLUM designation to add language related to the West Atlantic Avenue Overlay Area; Future Land Use Element - Modification of FLUM category descriptions to reflect consolidation and elimination of unnecessary FLUM designations and to achieve consistency with uses allowed in the LDRs; Public Facilities Element - Revisions to consider the regional water supply plan and include a 10-year Water Supply Facilities Work Plan addressing water supply facilities necessary to serve existing and new development; [] Conservation Element - Revisions addressing projected water needs and sources pursuant to the 10-year Water Supply Facilities Work Plan; [] Intergovernmental Coordination Element - Add policy to ensure coordination of the Comprehensive Plan with the regional water supply plan; City Commission Documentation Initiation of Plan Amendment 2004-2 Page 3 [] Conservation Element - Amendment dealing with public recreation and boat ramps in conservation areas to achieve internal Plan consistency with the Open Space and Recreation Element; Capital Improvement Element - Modify Table CI-CIP (5-Year Capital Improvements Schedule For Projects > $25,000) to reflect implementation of the new $24 Million Parks and Recreation Bond; [] Open Space and Recreation Element - Add policy stating that all park planning will be compatible with the adopted City of Delray Beach Parks and Recreation System Master Plan; [] Transportation Element- Revise Map #17, Intermodal Facilities; [] Transportation Element - Revision to Policy D-2.1 regarding the provision of bicycle facilities and lanes; [] Transportation Element - Revision to policies under Objective D-3 to address and update timetables and the completion of tasks; [] Transportation Element - Add Objective D-4 and supporting policies to address mobility alternatives, pedestrian and bicycle considerations, transit infrastructure, and access to transit within the Wallace Drive Redevelopment Area in order to enhance travel patterns that encourage alternative routes to Interstate 95; and [] Housing Element - Update Residential Neighborhood Categorization Map to reflect existing land use changes and changes in neighborhood conditions. The tentative schedule for processing Plan Amendment 2004-2 is as follows: March 15, 2004 Initiation by Planning and Zoning Board April 13, 2004 Initiation by City Commission May 17, 2004 Planning and Zoning Board Hearing June 1, 2004 City Commission Transmittal Public Hearing July 8, 2004 Receipt of Compliance Letter - No ORC Report July 19, 2004 P&Z Adoption Hearing August 2, 2004 City Commission adoption September 23, 2004 Effective date City Commission Documentation Initiation of Plan Amendment 2004-2 Page 4 The tentative schedule for processing Plan Amendment 2004-2 if the State issues an ORC Report is as follows: March 15, 2004 Initiation by Planning and Zoning Board April 13, 2004 Initiation by City Commission May 17, 2004 Planning and Zoning Board Hearing June 1, 2004 City Commission Transmittal Public Headng August 9, 2004 Receipt of ORC Report September 20, 2004 P&Z Adoption Headng (ORC Response) October 5, 2004 City Commission adoption November 19, 2004 Effective date The Planning and Zoning Board considered the initiation request at its meeting of March 15, 2004. There was no discussion by the public and the Board unanimously recommended approval by a 5-0 vote (Diane Borchardt and Jill Woehlkens absent). It should be noted that one privately-initiated FLUM amendment for approximately 0.15 acres at 24 NW 7th Avenue from LD (Low Density Residential 0-5 Units/Acre) to CC (Commercial Core) has been withdrawn and the City-initiated text amendment to update the Residential Neighborhood Categorization Map has been added since the review by the Planning & Zoning Board. By motion, approve the initiation of Comprehensive Plan Amendment 2004-2, containing the material stated in this staff report. Attachment: · Location Maps of proposed FLUM amendments and area proposed for increased density in the Southwest Area Neighborhood s:\planning & zoning\longrange\comp\amend 04-2\04-2 cc initiation.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~=:: - REGULAR MEETING OF APRIL 13. 2004 GRANT AWARD FOR HOUSING REHABILITATION CONTRACT DATE: APRIL 9, 2004 This is before the Commission to consider approval of the following housing rehabilitation contract: · $16,367.40 to Henry L. Haywood for 343 N.W. 4m Avenue Funding for the total amount of $16,367.40 for this grant is available from 118-1924-554-49.19 (Community Development/State Housing Initiatives Partnership (SHIP) Grant/Housing Rehabilitation). Recommend approval of the housing rehabilitation grant/contract award as outlined above. S:\City Clerk\agenda memos\CDBG Housing Rehab Award.04.13.04 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Ferline Francois, Staff Assistant II Kendra W. Graham, C. D. Administrator Lula Butler, Community Improvement Director April 6, 2004 Community Development Division Housing Rehabilitation Grant Award ITEM BEFORE THE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant award to the lowest responsive bidder. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder, plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. RECOMMENDATION Staff recommends awarding the bid for one (1) Housing Rehabilitation project to the verified responsible low bidder and authorize award in the following amount: Case Number Address .Contractor Grant Amount 03-042 HR 343 NW 4th Avenue Henry L. Haywood $16,367.40 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID;QUQT.a.T!~N #: 2004-22 APPLICANT: Lula L. Moss PROJECT ADDRESS: 343 NW 4tl~ Avenue DATE OF BID LETTERS: February 26~ 2004 DATE OF BID OPENING: March 11~ 2004 NAME OF CONTRACTORS ABISSET CORPORATION ALPHA SOUTH CONSTRUCTION CRAFTSMAN PLUS, INC. DO ALL CONTRACTING, INC. HENRY L. HAYWOOD JOSE G. CORDOBA P & Z CONSTRUCTION INC. PAUL HENSEL CONSTRUCTION pRESTON CONSTRUCTION SOUTH FLORIDA CONSTRUCTION SUN BAND BUILDERS HORIZON ROOFING PETITO ROOFING WRIGHTS WAY ROOFING AMOUNT OF BIDS $ $ $ $ $ 15~588.00 $ 18~224.00 $ IN-HOUSE ESTIMATE $ 13~230.87 CONTRACTOR AWARDED CONTRACT: Henry L. Haywood BID/CONTRACT AMOUNT: $15~588.00 + 5°,/o Contingency ($779.40) = 16,367.40 FUNDING SOURCE: State Housing Initiative Partnership (SHIP) Program Account No. 118-1924-554-49.19 COMMENTS: Lowest bidder within 18% acceptable. Agenda Item No.: Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda __ Consent Agenda AGENDAREQUEST Description of item: (who, what, where, how much): Date: March 16, 2004 When: April/2004 Case Number Address Contractor Grant Amount 03-042 HR 343 NW 4th Avenue Henry L. Haywood $16,367.40 ORDiNANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends approval of one (1) State Housing Initiative Partnership (SHIP) Housing Rehabilitation Grant and Contract award from Account 118-1924-554-49.19 in the amount of $16,367.40. SHIP Total: $16,367.40 Account Number: 118-1924-554.49.19 Department Head Signature: ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expen~it/ur~pf funds): Funding Available: (~qO ~ Funding Alternatives: (if applicable) Account No. & Description: ~ ~ [?- ].~'~] ~- ~.ff ~. ~ .~. . /? l']o ,s,,,or, T-~b - $H£? ~e~,s~' AccountBalance:4~ IO.O~ g.~o~]oq ,?g~'lo V-ct o.z/~a t City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Debra Garcia, C. D. Specialist Community Improvement Director~'~ Lula Butler, March 24, 2004 Request for Subordination - Applicant Elaine Coleman ITEM BEFORE THE COMMISSION City Commission authorization and approval to subordinate its second mortgage position in the amount of $18,585.00 to allow Elaine Coleman to refinance her mortgage for a lower interest rate. BACKGROUND In February Of 2002, Ms Coleman participated in the City's Owner/Occupied Rehabilitation program. Ms Coleman was assisted with funds fi.om the SHIP Program The assistance given to Ms. Coleman was secured by a Promissory Note/Second Mortgage approved by the City Commission and requires the applicant to maintain ownership/residence for a specified period according to the amount of the grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and grant amounts equal to or greater than $15,000, but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. Therefore, the current agreement will remain recorded as a covenant to the property until February 1st, 2008. RECOMMENDATION Staff is recommending City Commission approval of Ms Coleman's request to subordinate its second mortgage position in the amount of $18,585.00. The subordination meets all the requirement of the City's Subordination Policy. [lTV I)F DELRrlq' BEfl[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 ~99PATE: March 18, 2004 MEMORANDUM TO: FROM: Debra Garcia, Comm. Dev. Specialist Brian Shutt, Assistant City Attorney SUBJECT: Subordination Agreement on Elaine Coleman Refinance The subordination agreement is ok as long as the refinance meets the criteria set forth under the subordination policy. Please call if you have any questions. THIS IN~I'RUMENT pREPARED BY AND RETURN TO: COHEN, NORRIS, SCHERER, SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT is made and entered into this __ day of 2004 by CITY OF DELRAY BEACH, hereinafter referred to as the ~Mortgagee". WITNESSETH WHEREAS, the Mortgagee is the owner and holder of a certain Promissory Note in the original principal amount of EIGHTEEN THOUSAND FIVE HUNDRED EIGHTY FIVE AND NO/1 O0 ($18,585.00) DOLl. ARS, dated February 13. 2002 and executed by ELAINE COLEMAN, hereinafter referred to as "Borrower", secured by a Mortgage given by Borrower recorded in Palm Beach County Official Record Book 13507, Page 163 and amended on December 23, 2003 in Official Record Book 16353, Page 1181, in Palm Beach County, State of Florida, hereinafter referred to as the "Mortgage", encumbering the following described property: LOT 22, BLOCK 2, DELRAY SHORES, ACCORDING i O THE pLAT THEREOF, AS RECORDED IN PLAT BOOK 24, PAGE 232, IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, WHEREAS, the Borrower has applied to AMERICA'S WHOLE LENDER hereinafter referred to as ~'Lender" for ' a first Mortgage - and Note in the amount of One Hundred & Twelve Thn~l~mnH nnH I~/lCI(I ......... ($112,000.00 ) DOLLARS, encumbering the real property described above. Said Mortgages hereinafter referred to as the "New Mortgage", and WHEREAS, as a condition to making the Loan to Borrower, Lender has required that the Mortgagee fully subordinate the lien of the Mortgage to the lien of the New Mortgage; and WHEREAS, Mortgagee is willing to subordinate the Me,gage to the New Mortgage. NOW THEREFORE, for and in consideration of the loan and in consideration of the sum of $10.00, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee hereby agrees by this instrument to subordinate the lien of the Mortgage to the New Mortgage. IN WITNESS WHEREOF, We have hereunto set our hands and seals hereto the first date By: Print PHnt STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2004 by of the CITY OF DELRAY BEACH, who is personally known to me or who has produced as identification and who did not take an oath~ Notary Public, State of Florida (SEAL) My Commission Expires: Agenda Item No.: ~' AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda X Consent Agenda Date: March 24, 2004 When: April 13, 2004 Description of item: Authorization and approval to subordinate its second mortgage position in the mount of $18,585 to allow Elaine Coleman to refinance her mortgage to refinance at a lower interest rate. Recommendation: Staff recommends approval of Ms Coleman's request to subordinate its second mortgage position. Department Head Signature: City Attomey Review/Recommendation (if a~plicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available? YES/NO Funding Alternatives: Account No. & Description: Account Balance: .(if applicable) City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: FROM: DATE: SUBJECT: David Harden, City Manager Lula Butler, Community Improvement Director ~) April 8, 2004 City of Delray Beach And Community Redevelopment Agency Interlocal Agreement for West Settler's Facade Easement Grant ITEM BEFORE THE COMMISSION City Commission approval of an Inteflocal Agreement between the City and Community Redevelopment Agency (CRA) to facilitate the administration of the grant program by the Community Redevelopment Agency benefiting West Settler's Historic District residents. BACKGROUND The West Settler's Facade Easement Grant Program was developed by the CRA in 2003 to assist homeowners with rehabilitating and preserving the historical integrity of the homes in the West Settler's Historic District. The program will be administered by the Delray Beach CRA, with technical assistance provided by the Community Improvement Department. Exterior and interior renovations are eligible uses under the grant program. Recommendations for grant awards will be done by the West Settler's Advisory Board to the CRA Board of Commissioners for formal approval. The Community Development Division assigned staff will inspect homes and prepare the appropriate work write-ups and specifications for proposed improvements for bidding. They will monitor all work performed by the contractor ensuring compliance according to specifications and program guidelines and approve disbursements of all requests for payment. The Interlocal Agreement document is attached for your reference. RECOMMENDATION Staff recommends approval of the Interlocal Agreement between The City of Delray Beach and The Community Redevelopment Agency providing for shared administration of the West Settler's Facade Easement Grant Program. Attachment INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE COMMUNITY REDEVELOPMENT AGENCY THIS INTERLOCAL AGREEMENT is made this __ day of , 2004 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("City") and the COMMUNITY REDEVELOPMENT AGENCY, a community redevelopment agency created pursuant to Fla. Statute, Chapter 163, ("CRA"). WITNESSETH: WHEREAS, the City and the CRA are committed to the preservation of historic structures within the City of Delray Beach; and WHEREAS, the CRA developed the West Settler's Fa(;ade Easement Grant in order to assist residents of the West Settler Area in preserving their homes; and WHEREAS, the City shall administer the grant program between the CRA and the West Settler Area residents. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Responsibilities. a. The CRA shall provide grant money to qualified home owners within the West Settler Area. A maximum grant amount of no greater than twenty thousand dollars ($20,000.00) shall be paid to assist homeowners in rehabilitating and preserving the historical integrity of the homes in the West Settler Area. b. The City shall inspect homes in the West Settler Area and identify any deficiencies, hire all contractors, and oversee construction to ensure that it is performed in a timely manner. This Agreement shall not be effective until signed by the parties to this Agreement. 4. This Agreement constitutes the entire Agreement between the parties. To be effective, any modifications shall be in writing and signed by the parties, and signed by persons with authority to bind the parties. 5. Upon full execution of this Agreement, this Agreement (less attachments) shall be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above written. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA By: Jeff Pedman, Mayor City Attorney Witnesses: Print Name: COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Title: Print Name: 2 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged ., 2004 by title of officer or agent) of acknowledging), a behalf of the corporation. before me this __ day of (name of officer or agent, (name of corporation (state or place of incorporation) corporation, on He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida 3 Date: April 8, 2004 Agenda Item No. ~ AGENDA REQUEST Agenda request to be placed on: Regular __ Special __ Workshop X Consent When: April 13, 2004 Description of Agenda Item: Interlocal Agreement Between the City of Delray Beach and the Community Redevelopment Agency for West Settler's Faqade Easement Grant Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (ifapplicable) City Manager Review: HAPolPj°ljneldif°r agenda: (~NO ~ Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Lula Butler, Community Improvement Director ~ Kendra W. Graham, Community Development Administrator ~ G April 8, 2004 Approval of Resolution #31-04 Adopting the State Itousing Initiatives Partnership (SHIP) Local Housing Assistance Plan for Fiscal Years 2004/2005, 2005/2006, and 2006/2007. ITEM BEFORE THE COMMISSION City Commission authorization and approval of the City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan for Fiscal Years 2001-2007 by adopting Resolution #31-04 pursuant to Title 67-37 of the Florida Administrative Code. BACKGROUND For the past eleven (11) years the Community Improvement Department has received funds under the State Housing Initiatives Partnership (SHIP) Program. SHIP funds are generated from a portion of documentary stamp taxes collected throughout the State and held in the State's Housing Trust Fund for the development and maintenance of affordable housing. The State requires a Local Housing Assistance Plan (LHAP) outlining how the City plans to administer the SHIP funds once they are received. On February 23, 1993, under Ordinance #2-93, the City Commission established a Local Housing Assistance Program, created the Local Housing Trust Fund and created the Affordable Housing Advisory Committee to comply with various sections of Title 67 of the Administrative Code of Florida. Community Development Division staff has administered the program and under the approved Plans have assisted Delray Beach residents with homeownership and housing rehabilitation opportunities. Staff and the members of the Delray Beach Renaissance Program have developed the Local Housing Assistance Plan for the next three years. SHIP funds will be used for the following activities: 1) Purchase assistance for new construction and acquisition rehabilitation; 2) Owner- occupied rehabilitation assistance; 3) Land Acquisition; and 4) Disaster Relief assistance. The LHAP is based on the current year's annual allocation of $469,262 per year for the three year period. RECOMMENDATION Staff recommends approval of the Local Housing Assistance Plan for Fiscal Years 2004/2005, 2005/2006 and 2006/2007 by adoption of Resolution #31-04. Proposed Changes to the City of Delray Beach's LHAP Change Justification Increase purchase price Current price limit for new construction is limit for new construction $:t34,040 and $:t07,000 for existing. Our non- to $:tS6,000 and purchase profit housing partners, realtors, lenders and price limit for Existing to prospective buyers have all been lamenting the $:t42,000 lack of properties listed in those price ranges. A 4/1/04 MLS search of 3 bdrm./2 bath properties with living square footage between :t,:t00 and :t,600 sq. ft. and a maximum purchase price of $:t35 produced :t:t results. According to the FHFC Bond Study, the median purchase price of homes in our MSA is $243,571 for new construction and $:t87,920 for existing, but we must remember that even if we offer a $35,000 subsidy, a 4 person household at 50% of our median income limit could afford no more than a $:t56,000 home (assuming a 5.75% interest rate and $360 taxesr insurance & HOA) Revise our recapture There are two main reasons for making our policy by: recapture policy more stringent: :t} Extending term of forgiveness from 5yrs. for :t) With our proposed new subsidies being deferred loan amounts higher and the State's allocation possibly less than $:tS,000, to 7 decreasing if the Housing Trust Fund is yrs. for awards less than eliminated, we would not be able to assist as $:t7,S00; and from :tO yrs. many families. Therefore, we need revenue to For deferred loan awards fund the program in addition to what the State over $15,000, to 15 yrs. provides. for awards over $17,500. 2) Our current policy allows for deferred loan 2) Requiring repayment awards to be pro-rated based on the specific in full if any of the term of the note and for repayment of only the following qualifying pro-rated amount if the homeowner rents the events occur prior to property, fails to continuously occupy the home, termination of note: or subordinates without prior approval of the · sells or transfers City. Also, under the current policy if the property; homeowner sells to an eligible homebuyer no · rentsthe property; repayment is required. · fails to continuously occupy the home; or · subordinates without prior approval of the City. By enacting the above changes, hopefully we can recapture some of the buyer's increase in equity. CHANGE 3USTZFZCATZON zncrease maximum Zn the past, providing assistance to the Very- subsidy amounts: Iow and Low-income households has been a priority. However, with the increasing cost of Current Proposed housing and land in Delray Beach, it has become 0-50% $25,000 $35,000 evident that homeownership for the moderate- 5L-60% $22,500 income household is also needed. Using 5t-65% $3t,000 mortgage calculator spreadsheets and assuming 6~.-70% $20,250 5.75% interest, $350 taxes and insurance, and 65-80% $26,000 2% from borrower, these subsidy amounts will 80-t00% $2t,000 barely be sufficient to assist those at the very- Iow range of the income limits adjusted for family size. Znclude Disaster Relief The Florida Housing Finance Corporation Strategy recommends that a Disaster Relief strategy be included in all LHAPs in the event of a natural disaster so that funds could be reallocated from other strategies and be readily available. Tf the City receives reimbursement from federal or state sources, funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds were disbursed. CITY OF DELRAY BEACH DELRAY BEACH F L O R I D A Ail-America City 1993 2001 SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS COVERED 2004/2005, 2005/2006 AND 2006/2007 U:Archive/SH1P/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB [. PROGRAM DESCRIPTION Chapter 67-37.005 F.A.C. and Section 420.9072, F.S. Name of the participating local government and Interlocal if Applicable: Section 420.9072(5),F.S. City of Delray Beach Interlocal: Yes No X Name of participating local government(s) in the Interlocal Agreement; N/A Purpose of the program: Section 420.9072, F.S. and Chapter 67-37.005(3), F.A.C. Creation of the Plan is for the purpose of meeting the housing needs of the very- low, low-, and moderate-income households, to expand production of and preserve affordable housing, to further the housing element of the City of Delray Beach's comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: Chapter 67-37.002, F.A.C. 2004/2005 2005/2006 2006/2007 Governance: Chapter 67-37.005(3)and(5)(i)F.A.C. and Section 420.9071(14}F.S. The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. The SHIP Program furthers the housing element objective of providing increased housing opportunities for low-income persons. Local Housing Partnership Section 420.9072(1)(a), F.S. SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low- income persons and community groups. The City of Delray Beach's Community Improvement Department has formed a partnership agreement with the Delray Beach Community Redevelopment Agency, the Community Financing Consortium, Inc., the Delray Beach Housing Authority, the Center for Technology, Enterprise, & Development, the Delray Beach Community Development Corporation and local contractors. This partnership entitled "Delray Beach Renaissance Program" was developed to implement a comprehensive home-building and community revitalization program. Resources from each participant are leveraged to minimize the duplication of services, streamline the approval process and to reduce the cost of housing to very-low, low-, and moderate-income homebuyers. U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -2- Leveraging: Chapter 67-37.007(1)(b)(c), F.A. C. and Ssection 420.9075(1)(a) and (1)('o3, and (1)(c), F.S. The Plan is intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partner- ship and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. The use of SHIP funds along with CDBG funds, General Revenue contributions awarded by the City, leverages with private sector financing and technical support provide the basis for increasing the supply of affordable housing for Delray Beach residents. Emphasis remains on combining neighbor- hood improvements with the provision of homeownership opportunities for the very low and low income households. Public Input: Chapter 67-37.005(3), F.A.C Public input was solicited through face to face meetings with housing providers, local neighborhood associations, and through meetings of the City's local housing Partnership (Delray Beach Renaissance Program). Also, the City conducts an annual Community Needs Assessment Meeting whereby the public is invited to attend and provide input on how program funds should be allocated. Advertising and Outreach Chapter6Z-37.005(6)(a), F.A.C. The City advertises the notice of funding availability in a local newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. In addition to advertising in the newspaper, the City publicizes the SHIP program on the City's web site, and through established homeowner association newsletters, churches located in the CDBG target area and other organized methods that may be available. SHIP staffparticipate in local homebuyer fairs and workshops. Discrimination: Section 420.9075(3)(0, F.S. In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. In implementing its SHIP program, the City of Delray Beach is mindful of affirmatively furthering fair housing. The City utilizes CDBG funds to further fair housing out- reach and education activities, as called for in the Consolidated Plan. All SHIP applicants are required to attend home buyer education seminars that include a segment on fair housing. J. Support Services and Counseling: Chapter67-37.005(5)(gO.F.A.C Support services are available from various sources. The City works with the members of the Delray Beach Housing Renaissance Partership, local lenders and Palm Beach County Consumer Credit Counseling to provide pre and post homeownership counseling. All prospective homebuyers receive education about U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -3- credit, predatory lending, fair housing, pre-purchase home inspections, and post- purchase education on topics such as budgeting, home maintenance, and energy conservation. Purchase Price Limits: Section 420.9075(4)(c), F.S. and Chapter67-37.007(6)F.A.C. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower than but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used by the City of Delray Beach is: Bond Study Numbers provided by Florida Housing Finance Corporation Independent Study (copy attached) U.S. Treasury Department The purchase price limit for new construction will be $156,000 and $142,000 for existing homes. These amounts are less than the $243,571 maximum for new home construction and $187,920 for existing home purchase allowed by the Florida Housing Finance Corporation Bond Study for Palm Beach County because they are based on the amount that a low income household can actually afford with a SHIP subsidy. The purchase price limit will be revised as needed in response to changes in the local real estate market, mortgage interest rates, etc. Any such revisions will be subject to City Commission and State approval. Income Limits, Rent Limits and Affordability: Chapter 67-37.005(5)(e), F.A.C. .and Section 420.9071(2), F.S. The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. The City of Delray Beach has established a maximum limit of 35% of gross monthly income on the housing expenses of SHIP assisted buyers. U:Arehive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -4- Wages to Work: Chapter67-37.005(6ffb)(7)F./l.C. Should an eligible sponsor be used, the City has developed a qualification system and selection criteria for applications for awards to eligible sponsors, which includes a description that demonstrates how eligible sponsors that employ personnel from the WAGES and Workforce Development Initiatives programs will be given preference in the selection process. The City works in partnership with the local Chamber of Commerce to ensure that these requirements are met. Monitoring and First Right of Refusal: Section 420.9075(3)(e)and(4) 09, F.S. In the case of rental housing, the staff or entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored at least annually for 15 years or the term of assistance which ever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. O. Administrative Budget: Chapter 67-37.005(6)0)3. F./LC.. A detailed listing including line-item budget of proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. The City of Delray Beach finds that the monies deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. The cost of administering the plan may not exceed 5% of the local housing distribution monies and program income deposited into the trust fund. A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5% of the local housing distribution plus 5% of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10% of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. The City of Delray Beach has adopted the above findings in the attached resolution, .Exhibit E. U:Arehive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -5- II. The Community Development Division of the Community Improvement Department shall be responsible for administration of the Local Housing Assistance Plan (LHAP). Administrative functions include program design, applicant processing and selection, preparing necessary paperwork to issue payments for program activities, tracking expenditures to ensure that statutory set-asides will be met, maintaining necessary records, preparing required reports, and all other duties pertaining to implementation of the LHAP. LHAP HOUSING STRATEGIES: Chapter 67-37.005($), F.,4.C. Provide Description: A. Name of the Strategy: Purchase Assistance a. Summary of the Strategy: This strategy assists eligible first-time home- buyers with a 0% interest, deferred payment loan to be applied towards down payment, rehabilitation costs (if applicable), closing costs and principal reductions for the construction of new and/or purchase of existing single family homes, townhouses and villas. New construction properties must be constructed by approved contractors/developers participating in the City of Delray Beach Housing Renaissance Partnership. Fiscal Years Covered: State fiscal years 2004/2005, 2005/2006 and 2006/2007. Income Categories to be served: Very-low, low-, and moderate-income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award level varies by income category as shown below: Income Number of Persons in Household Category 1 2 3 4 or more 0 - 50% (Very Low) 24,500 28,000 31,500 35,000 51 -65% (Low) 21,500 24,500 27,500 31,000 65-80% (Low) 18,500 21,000 23,500 26,000 81-100% (Moderate) 14,500 16,500 18,500 21,000 U:Archlve/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -6- The maximum award is limited to $35,000; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to purchase the property at a monthly payment affordable to him or her. Terms, Recapture and Default: Assistance will be provided to eligible households in the form of a seven (7) year, 0% interest, forgivable deferred loan for amounts greater than $5,000 but less than $17,500. For amounts equal to or greater than $17,500, assistance will be provided in the form of a fifteen (15) year, 0% interest, forgivable deferred loan. Assistance under $5,000 will be awarded as a grant and wilt not be subject under the program's recapture provisions. All loan awards will be secured with a second mortgage / promissory note and will be forgiven on a pro-rated basis specific to the duration of the note. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s) are considered to be: · sale of unit or transfer of title · the assisted homeowner fails to continuously occupy the home · the unit is rented · unit is refinanced without prior authorization of the City. Such repaid funds will be utilized in accordance with the approved Local housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following selection criteria: · Must be first-time homebuyer(s), which is defined as one of the following: · someone who has not owned a home during the past three years · a single parent who has been divorced and displaced within the 12 month period prior to time of application, and whose household includes children under the age of 18 · a displaced victim of domestic abuse · a person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67-37.002(13) U:Arehive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -7- · Must have a bank account · Applicant must have an accepted contract for a home and have applied for a first mortgage with a lender · The applicant must have attended and completed an approved home buyer education course (i.e., at least four hours in length and conducted in a classroom setting) approved by the Community Development Division Sponsor Selection Criteria: Eligible sponsors must meet the following selection criteria: · designated 501(c)(3) non-profit organization under IRS guidelines; · legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; · has demonstrated track record and production experience in the construction and delivery of affordable housing; · posess a partnership agreement with the City of Delray Beach to participate and further its goals in the delivery of affordable housing to the City's very-low, low- and moderate-income households; · preference will be given to sponsors that employee personnel from WAGES and Workforce Development Initiatives programs. Additional Information: New units constructed must be located in the CDBG designated target area. Existing homes must be located within the City's municipal boundaries. Applicants owing money to other assisted housing programs (such as Section 8 and public housing) are ineligible for SHIP assistance until they make restitution. B. Name of the Strategy: Owner-Occupied Housing Rehabilitation Summary of the Strategy: This strategy provides 0% interest, deferred payment loans to assist very-low, and low-income households (below 80% of Area Median Income adjusted for family size) to rehabilitate existing owner-occupied single family units. Rehabilitation of units will address interior and exterior building/electrical/plumbing problems, health and safety issues, as well as, retrofit of items for those with special needs, upgrade major systems, and soft costs. It is assumed that no private lender monies will be involved in these rehabilitation activities. Fiscal Years Covered: State fiscal years 2004/2005, 2005/2006 and 2006/2007. Income Categories to be served: Very-low, and low-income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -8- Finance Corporation for use in the SHIP Program. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award for this strategy is $25,000. However, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to make the necessary repairs and bring the house up to the City's minimum code requirements. Terms, Recapture and Default: Assistance greater than $5,000 but less than $15,000 will be provided to eligible households in the form of a 0% interest, deferred payment loan secured by a promissory note forgivable over five (5) years. Loan awards equal to or greater than $15,000 will be provided in the form of a 0% interest, deferred payment loan secured by a promissory note forgivable over ten (10) years. Assistance under $5,000 will be awarded as a grant and will not be subject under the program's recapture provisions. Pro-ration of loan award will occur at a rate specific to the duration of the note. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s) are considered to be: · sale of unit or transfer of title (except for major healthcare expenses or by inheritance) · the assisted homeowner fails to continuously occupy the home · the unit is rented · unit is refinanced without prior authorization of the City Such repaid funds will be utilized in accordance with the approved Local housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following selection criteria: · Applicant may not currently own or have assets exceeding $15,000 (monetary gifts and real estate are included in the asset calculation; retirement accounts are not) · Must be owner/occupant · Mortgage payments and taxes must be current / paid up to date · Must provide proof of current homeowners insurance · Must have a bank account U:Archlve/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -9- Sponsor Selection Criteria: N/A. No sponsors are utilized for the Owner-Occupied Rehabilitation program. Additional Information: The home must be located in the City's municipal boundaries; the appraised value of the home may not exceed the maximum sales price allowed in the SHIP program for existing units; and the homeowner must agree to maintain the home free of any code violations after rehabilitation work is completed. Name of the Strategy: Land Acquisition Summary of the Strategy: This strategy will provide funds to acquire properties for future development by non-profit, public agencies or for profit developers. Properties will be acquired through deed and tax sales, the foreclosure of government liens and through private purchases. Properties will be donated and/or sold, competitively to non-profit agencies that will use the Delray Beach Renaissance Program for the development of the property. Properties sold competitively to for profit developers must be utilized for the development of affordable housing. Construction, rehabilitation, or emergency repairs must be completed either with one year immediately proceeding the date of conveyance of title or within 24 months of the close of the applicable State fiscal year. If property is sold to a for-profit developer, applications will be accepted and awarded competitively using criteria including, but not limited to The following: · Financial strength of the agency · Ability of developer to complete the development by the deadlines established by the State · Capacity of the developer · Features of the proposed house(s) · Marketing plan for the sale of the house(s) · Whether or not the agency employs personnel from the WAGES or Workforce Development program · Whether the proposed housing is compatible with the neighborhood in terms of design and size · Affordability of house(s) being built Fiscal Years Covered: State fiscal years 2004/2005, 2005/2006 and 2006/2007. U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB - 10- Income Categories to be served: Very-low, low-, and moderate-income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. Maximum award is noted on the Housing Delivery Goals Charts: The maximum purchase price for a "buildable lot of record" as defined in the City's Land Development Regulations will be $33,000. The maximum purchase price for aggregate lots or large tracts of lands shall be determined by the appraised value at time of purchase. Terms, Recapture and Default: The loan for the value of the land will be at 0% interest. The loan will be recaptured when the property is sold. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the same selection criteria for recipient's under Strategy A: Purchase Assistance. Sponsor Selection Criteria: Eligible sponsors must meet the following selection criteria: ,, designated 501(c)(3) non-profit organization under IRS guidelines; legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; · has demonstrated track record and production experience in the construction and delivery of affordable housing; · preference will be given to sponsors that employee personnel from WAGES and Workforce Development Initiatives programs. h. Additional Information: D. Name of the Strategy: Disaster Relief Summary of the Strategy: In the event of a natural disaster (as declared by local, state, or federal government), SHIP funds will be used to leverage available federal and state funds to provide assistance to income eligible households for the purpose of repairing eligible housing. Generally, such needs may include: purchase of emergency supplies for eligible households to weatherproof damaged homes, interim repairs to avoid further damage, tree and debris removal required to Make individual housing units habitable, and post disaster assistance with non-insured repairs. b. Fiscal Years Covered: State fiscal years 2004/2005, 2005/2006 and U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -11- 2006/2007. Income Categories to be served: Very-low, and low-income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award for this strategy is $8,000 per unit. Terms, Recapture and Default: Assistance will be provided in the form of a grant, so individual households will not be required to repay funds used for disaster assistance. In the event that the City receives reimbursement from federal or state sources, such repair funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are disbursed. Recipient Selection Criteria: In addition to being income eligible as described above, applicants will be served on a first-come, first-served basis, pending fund availability. Residence must be located within the municipal boundaries of Delray Beach. g. Sponsor Selection Criteria: N/A. Additional Information: This strategy will be implemented only in the event of a natural disaster declaration using any SHIP funds that have not been encumbered. III. LHAP INCENTIVE STRATEGIES Section 420.9071(16), F.S. A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. Established policy and procedures: Provide Description The City has in place a "One Stop Shop" permitting process for a coordinated review and approval of all developmental applications submitted through the Building Division. The system features a fully automated application tracking software package that provides the opportunity to readily identify delays in review time from various departments within the permit process. Applications submitted for affordable housing projects will receive a label marking it as such and prioritized for review. Applications received are processed by designated persons under the approved expedited permitting process developed for this program. U:ArchivedSHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB 12- B. Name of the Strategy: Ongoing Review Process An ongoing process which provides for a review and consideration of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to its adoption. Established policy and procedures: Provide Description The Planning and Zoning Department reviews all proposed new City policies or changes to the LDR's to determine effects, if any, on the cost of housing. If it is determined that there is an impact, an analysis is prepared by appropriate depaament staff and submitted to City Commission for review prior to its approval. C. Name of the Strategy: Impact Fees Requirements An on-going process to allow for the payment of Impact fees associated with new construction of affordable housing units. Established policy and procedures: Provide Description The City has been unsuccessful in petitioning the County to waive impact fees associated with new construction of affordable housing units. The County does provide an impact fee credit for units built on a lot, which had a previous residential unit on the site. The Community Development staffprovides the research on properties to identify these credits wherever possible. When no credit is applicable, the City may use SHIP funds to pay the impact fees. D. Name of the Strategy: Waiver of Building Permit Fees An ongoing process for reducing the cost of building or rehabilitating affordable housing. Established policy and procedures: Provide Description The City has adopted a policy for the waiver of building, paving, irrigation and plan review fees for affordable housing units. This has generated a savings to the homeowner estimated at $1,200 in permit fees per unit. E. Name of the Strategy: Allowance of Increased Density Levels An ongoing process to review zoning regulations for the purpose of allowing increased density to encourage development of affordable housing unit. a. Established policy and procedures: Provide Description The Housing Element of the City's Comprehensive Plan provide for increases to density when it can be demonstrated that such increases U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB 13- Name Name Name will lead to an affordable unit, provided that other policies of the Comprehensive Plan are met. The Land Development Regulations allow for increased densities in planned unit development on a case- by-case basis. This does not apply to in-fill housing and the lack of large vacant parcels makes this incentive limited in its effect. of the Strategy: Reservation of Infrastructure Capacity An ongoing process to provide for infrastructure improvements in deteriorating neighborhoods Established policy and procedures: Provide Description Infrastructure facilities currently exist throughout the entire City. However, where there are visible signs of deterioration, Comprehensive Plan policy provides for prioritization in scheduling necessary improvements. As each year's infrastructure improvement schedule is prepared, priority is given to neighborhoods with concentrations of infrastructure deficiencies. of the Strategy: Reduction of Parking and Set Back Requirements An ongoing process to encourage development of affordable units by allowing for reduced parking and set back requirements Established policy and procedures: Provide Description Current regulations require two parking spaces per dwelling unit beyond required front yard set back in Single Family Zoning Districts. as an incentive to affordable housing, one of the required parking spaces may be located within the side set back within one foot of the property line, provided the impervious area used for parking is sloped to drain on the lot being developed. This incentive will provide a cost reduction of approximately $800 per unit. The allowance of side set back parking improves the appearance and traffic flow by reducing haphazard street parking.. of the Strategy: Preparation of a pritued inventory of locally owned public lands suitable for affordable housing An ongoing process to identify land suitable for development of affordable housing Established policy and procedures: Provide Description The Planning Department has compiled a complete list of City owned lands of 3 acres or more along with available single family lots. The Community Redevelopment Agency maintains a list ofvacatu parcels, which they own or have under contract suitable for in-fill residential construction. These lists are made available to the public, private developers and non-profit agencies. U:Archlve/SH1P/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB - 14- I. Name of the Strategy: Reduction of Landscape Requirements An ongoing process to encourage the development of affordable units by allowing for a reduction of the City's landscape requirements Established policy and procedures: Provide Description The current requirements at Section 4.6.16(H) for Single Family Housing is that 20% of all pervious lot area be planted in shrubs and ground cover and the remaining 80% of the area be planted in turf. In support of projects participating in the City's Affordable Housing Programs the requirements of the landscape code are reduced to allow for only 10% of the pervious single family lot area be planted in shrubs and ground cover and that they be installed in the front and side setbacks. It is estimated that $1,200 will be reduced from the cost of producing one unit. IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. Timeline for Encumberance and Expenditure: Chapter 67-37.005(6)(d) and (/) F.,4.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Chapter 67~37.005), F.A.C. Completed HDGC for each fiscal year is attached as Exhibit C. Certification Page: Chapter 67-37.005(7), F.A.C. Signed Certification is attached as Exhibit D. Adopting Resolution: Section 420.9072(2)(b)2, F.S. Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. Program Information Sheet: Completed program information sheet is attached as Exhibit F. Ordinance: Section 420.9072(3)(a), F.S. If changed from the original ordinance, a copy is attached as Exhibit G. H. Interlocal Agreement: Section 420.9072. F.S. A copy of the Inteflocal Agreement if applicable is attached as Exhibit H. U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -15- ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A Fiscal Year 2004/2005 Salaries and Benefits Audit/Accounting Fees Operating Expenses for SHIP Coordinator (i.e., travel & training, phone, memberships, etc. Advertising $ 42,000.00 $ 1,200.00 $ 2,726.OO $ 1,000.00 $ 46,926.00 Fiscal Year 2005/2006 Salaries and Benefits Audit/Accounting Fees Operating Expenses for SHIP Coordinator (i.e., travel & training, phone, memberships, etc. Advertising $ 42,000.00 $ 1,2OO.OO $ 2,726.OO $ 1,000.00 $ 46,926.00 Fiscal Year 2006/2007 Salaries and Benefits $ Aud t/Account n Fees $ Operating Expenses for SHIP $ Coordinator (i.e., travel & training, phone, memberships, etc. Advertising $ 42,O0O.OO 1,200.00 2,726.00 1,000.00 $ 46,926.00 Administrative expenses in excess of the maximum ten percent (10%) of SHIP allocation will be supplemented by City general funds or other grant dollars. Budgeted amounts based on 2003/2004 allocation of $469,262 Exhibit D CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION CITY OF DELRAY BEACH The City of Delray Beach will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The City of Delray Beach has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the City of Delray Beach will be unable to comply with the provisions of the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the City of Delray Beach's Comprehensive Plan, or if an amendment to the Comprehensive Plan is necessary, it will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. (1 I) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the City of Delray Beach's audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. 1 October 20~)3 Page 2 Certification Exhibit D (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) (18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 FAC, and how each of those requirements shall be met. (19) The provisions of Chapter 83-220, Laws of Florida x has or__ has not been implemented. Witness Chief Elected Official or designee Witness Jeff Perlman, Mayor Date OR Attest: (Seal) 2 October 2003 RESOLUTION NO. 31-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE LOCAL HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED HERETO; ESTABLISHING A MAXIMUM COST PER UNIT, THE STRATEGIES AND INCENTIVES OF THE PLAN, THE MAXIMUM SHIP FUNDS ALLOWABLE FOR ASSISTANCE, THE MAXIMUM SHIP FUNDS FOR ADMINISTRATIVE EXPENSES; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE UPON APPROVAL. WHEREAS, the State of Florida, under specific authority established by the William E. Sadowski Act in July 1992, established the State Housing Initiatives Partnership (SHIP) Program which requires the City to develop a one to three year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the Act also requires the adoption of a resolution providing for (1) the maximum and average cost per unit available for eligible housing units; (2) a maximum and average of funds awarded under each strategy; (3) implementation of the strategies and incentives under the plan; (4) establishment of ten percent (10%) of total allocation and five percent (5%) of program income to be spent on administrative costs of the SHIP program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the maximum cost per unit for eligible housing assistance awards pursuant to the SHIP Program may not exceed ninety percent (90%) of the median area purchase price for newly constructed units and existing units as established by the Bond Study Numbers provided by the Florida Housing Corporation. Section 2. That during the three fiscal years covered under the Plan, the maximum award will be limited to $35,000 for very low, $31,000 for low and $21,000 for moderate income households for purchase assistance; $25,000 maximum for very low and low income households for owner occupied rehabilitation; $33,000 maximum for purchase of a vacant, buildable lot of record, as defined in the City's Land Development Regulations; and $8,000 maximum award for disaster relief assistance, specific to the conditions, strategies and eligibility determination under the guidelines of the SHIP Program and this Plan. Section 3. That the City of Delray Beach finds that five percent (5%) of the Local Housing distribution is insufficient to adequately administer the SHIP Program. Therefore, the administrative funding shall increase, but shall not exceed ten percent (10%) as allowed by Title 67 of the Florida Administrative Code, and to include the allowable five percent (5%) of Program Income for additional administrative funding under the SHIP Program. Section 4. That the City of Delray Beach is authorized to submit the Local Housing Assistance Plan to the State Housing Finance Corporation for its review and approval. Section 5. That the Mayor is authorized to execute any document and certifications required as a part of the Local Housing Assistance Plan on behalf of the City of Delray Beach. Section 6. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 13th day of April, 2004. ATTEST: MAYOR Acting City Clerk -2- Res. No. 31-04 Exhibit F STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET LOCAL GOVERNMENT: City of Delray Beach CHIEF ELECTED OFFICIAL (Mayor, Chairman, etc.): Jeff Perlman, Mayor ADDRESS: 100 N.W. 1st Avenue, Delray Beach, FL 33444 SHIP ADMINISTRATOR: ADDRESS: same as above Debra Garcia TELEPHONE:(561 )__243-7236 FAX:(561) 243-7221 EMAIL ADDRESS: Gamia~ci.delray-beach.fl.us. ADDITIONAL SHIP CONTACTS: Kendra Graham, C.D. Administrator ADDRESS: same as above EMAIL ADDRESS: graham~ci.delray-beach.fl.us. INTERLOCAL AGREEMENT: YES/NO (IF yes, list other participants in the inter-local agreement): The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59-6000308 MAIL DISBURSEMENT TO: __City of Delray Beach ADDRESS: c/o C. D. Division, 100 N.W. Ist Avenue, Delra¥ Beach, FL 33444 OR:IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: E NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of in the space below: Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 922-7253 Agenda Item No.: AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda __ Consent Agenda Date: April 8, 2004 When: April 13, 2004 Description of item: Approval of the City's State Housing Initiatives Parmership (SHIP) Program, Local Housing Assistance Plan for Fiscal Years 2004/2005, 2005/2006, and 2006/2007. Recommendation: Staff recommends approval of the Local Housing Assistance Plan (LHAP) for Fiscal Years 2004/2005, 2005/2006, a..nd 2006/2007 by adoption of Resolution #31-04. Department Head Signamre:C~ ~0_^~ ~2~,JL4 ~ ,. City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved RESOLUTION NO. 28-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE "FLORIDA STROKE ACT", SPECIFICAIJ.Y HB 889 AND SB 1590 IN THE CURRENT LEGISLATIVE SESSION. WHEREAS, stroke is the third leading killer in the United States and in Florida and the leading cause of serious long-term disability in Florida; and WHEREAS, 165,000 people die from stroke in the United States every year, including 10,000 persons in the State of Florida and 60 percent of death from strokes occur in women; and WHEREAS, approximately 4.5 million survivors of a stroke are alive today, and as many as 25 percent are permanently disabled; and WHEREAS, nearly 30 percent of all people who suffer stroke are under age 65; and WHEREAS, it is estimated that strokes cost the United States nearly $50 billion a year in total cost, with direct costs estmaated at $28 billion and the state Medicaid budget pays a significant share of the direct cost of stroke; and WHEREAS, as the population ages, death and disability from stroke will increase dramatically if this state does not implement strategies that will improve the survival of victims of stroke in all communities across the State of Florida; and WHEREAS, Emergency Medical Services may be transporting victims to hospitals that are not properly equipped to provide timely and effective treatment for stroke victims; and WHEREAS, many hospitals that treat stroke victims do not discharge stroke patients with the proper information and tools on how to prevent recurrent strokes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission of the City of Delray Beach supports the "Florida Stroke Act", specifically HB 889 and SB 1590 in the current Legislative Session. Section 3. That the City Manager and the City Clerk are directed to file this resolution with appropriate govenmaental and other authorities and entities in order to make public the City Commission's declaration in support of the "Florida Stroke Act", specifically HB 889 and SB 1590 in the current Legislative Session. Section 4. This resolution shall be effective immediately upon its passage. PASSEl) AND ADOPTED in regular session on this the 13th day of April, 2004. ATTEST: MAYOR City Clerk 2 Res. No. 28-04 Alexander A. "Sandy" Simon, Jr. 220 MacFarlane Drive, PH #6 * Delray Beach, Florida 33483 o (561) 243-8998 * Fax (561) 243-6344 Mr. Jeff Peflman, Mayor and Ci~ Commi~ionem _ Ci~ of Delray ~ach 100 N. W. 1st Avenue Delray ~h, FL 3~ Dear Jeff: As you may know, Senator Mike Fasano has introduced SB 1590 in coordination with Representative Gus Bilirakis' HB 889 known as the "Florida Stroke Act'. This letter is to urge you to favorably consider having the City of Delray Beach ~ss a resolution to support the Florida Stroke Act, specifically HB 889 and SB 1590 in the current legislative session. Already, the Amedcan Heart Association and many other organizations are supporting passage as members of FAST (Flodda Alliance for-Rapid-Stroke Treatment). If passed, this will be the first in America. As you know, we live in the epicenter of stroke. These bills, if they become law, will provide certain hospitals to be 'Stroke Centers". I'm hopeful Bethesda would be so designated. It also provides for statewide training of EMS teams, serdng up a registry for Stroke so to obtain better statistical information and enable more grants for treatment. Representatives Adam Hasner and Richard Machek have become co-sponsors. Please review the enclosed, and favorably consider passage of support by the Delray Beach City Commission and urging of the Flodda Association of Mayors (or communities) to do likewise. I am meeting with Frank Brogan, President of FAU to seek having the date/registry center located there. It could become a mini-CDC. If you h~., any questions, please call. Ale/~ander A. 'San(~' Simon, Jr. Encl(~sure: SB 1590 Cc: Rep. Gus Bilirakis Sen. Mike Fasano Rep. Adam Hesner Rep. Richard Machek RECEIVED PIAR 3 0 200/~ CITY CLERK Alexander A. "Sandy" Simon, Jr. 220 MacFarlane Drive, PH #6 * Delray Beach, Florida 33483 * (561) 243-8998 * Fax (561) 243-6344 A STROKE FACT SUMMARY Most people do not know (according to National Stroke Association): Stroke kills twice as many women as does breast cancer. Stroke is the number three killer in America; number two Worldwide. Stroke is the number one cause of adult disability. The average mount of time it takes for Americans to get to the hospital is twelve hours, yet the best medication for ischemic (clot) stroke, TPA, which in most cases eliminates or significantly reduces impairment, must be administered within three (3) hours. 66% of all hospitals have no stroke protocol. Does yours? 82% of hospitals lack procedures to rapidly identify stroke sufferers. Does yours? 750,000 people will suffer a severe stroke this year, with the number growing with the aging of the "Baby Boomers". Four million Americans live with stroke. Doctors will tell you, with good statistical basis, that 90% of improvement after stroke will occur in the first year. We say that need not be and say quite the contrary, it can be overcome over many years. 80% of strokes can be avoided or mitigated. Our new book, A STROKE OF GENIUS, Messages of Hope and Healing From a Thriving Stroke Survivor, tells how, with spiritual strength, hope and an attitude of determination with love and support, a stroke sufferer can return to a thriving and high quality of life. ~ Session :Bills: flsenate.gov Page 1 of 2 Home Session Committees Senators Information Center Statutes ~ Constitution Lobbyist Information Select Year: 2004 Select Chamber: Senate Previous Senate Bill Senate 159o: Relating to Certified Stroke rlYeatment Centers S1590 GENERAL BILL by Fasano; (CO-SPONSORS) Miller (Linked S 1660, Similar H Cef:QQ~ Stroke Treatment Centers; provides legislative intent re such centers; directs DOH to notify hospitals that are eligible to become certified stroke treatment centers; directs department to issue certificates to stroke treatment centers that meet guidelines; prohibits person from claiming that faci[iLy is stroke treatment center unless facility is certified as provided by [aw; requires emergency medJca[ services to transport identified stroke victims to such centers, etc. EFFECTIVE DATE: 07/01/2004. 01/22/04 SENATE Prefited 01/28/04 SENATE Referred to Health, Aging, and Long-Term Care; Appropriations Subcommittee on Health and Human Services; Appropriations 02/09/04 SENATE On Committee agenda-- Health, Aging, and Long-Term Care, 02/17/04, 2:00 pm, 412-K --Temporarily postponed 03/02/04 SENATE Introduced, referred to Health, Aging, and Long-Term Care; Appropriations Subcommittee on Health and Human Services; Appropriations; On Committee agenda-- Health, Aging, and Long-Term Care, 02/17/04, 2:00 pm, 412-K --Temporarily postponed Bill Text Version: Posted: Format: S 1590 01/22/2004 Web Page I PDF Committee Amendments and Filed Floor Amendments: NO AMENDMENTS AVAILABLE FOR SENATE BILL 1590. Staff Analysis: NO STAFF ANALYSIS AVAILABLE FOR SENATE BILL 1590. Vote History - Committee http://www~~senat~~g~v/s~ssi~n/index~cfm?BI-M~de=ViewBi~~~nf~&M~de=Bi~~s&SubM~n~~~ 3/2/2004 Session :Bills: flsenate.gov Page 2 of 2 Chamber: Committee: Date: Senate Health, Aging, and Long-Term Care 02/17/04 Vote History - Floor NO VOTE HISTORY AVAILABLE FOR SENATE BILL 1590. Ci_tations - Statute NO STATUTE CITATIONS FOUND FOR SENATE BILL 1590. Citations - Constitution NO CONSTITUTION CITATIONS FOUND FOR SENATE BILL 1590. Format: Web Pa_~e http://www.~s~nate.g~v/sessi~n/index.cfm?B~-M~de=ViewBi~~~nf~&M~de=Bi~~s&SubMen... 3/2/2004 Session :Bills:: flscnate.gov Page 1 of 18 Home Session Committees Senators Information Center Statutes E Constitution Lobbyist Information Senate Bill sb159o CODING: Words ~r~c~c~ are detetions; words underlined are additions. Florida Senate - 2004 By Senator Fasano 11-1064A-04 i A bill to be entitled 2 An act relating to certified stroke treatment 3 centers; providing legislative intent with 4 respect to certified stroke treatment centers; 5 providing definitions; directing the Department 6 of Health to adopt, by a specified date, 7 certain guidelines as minimal clinical 8 standards for stroke centers; directing the 9 department to notify hospitals that are 10 eligible to become certified stroke treatment 11 centers; requiring a hospital to file a letter 12 of intent; directing hospitals to file 13 completed applications with the department by a 14 specified date; directing the department to 15 issue certificates to stroke treatment centers 16 that meet the guidelines; authorizing the 17 department to issue provisional certifications; 18 providing that a stroke center's certification SB I http://www.~senate.g~v/cgi~bin/view-page.p~?Tab=sessi~n&Submenu=~&FT=D&Fi~e=sb~... 3/2/2004 Session :Bills:: flsenate.gov Page 2 of 18 19 20 21 22 23 24 25 26 27 28 29 30 31 automatically expires 2 years after the date of issuance; providing that a certification may be renewed; limiting the certification to the hospital to which it was issued; directing the department to post a listing of certified stroke treatment centers on its website; requiring the department to mail the list to certain persons and entities; requiring a hospital to notify the department at least 6 months in advance of its decision to terminate stroke treatment; prohibiting a person from claiming that a facility is a stroke treatment center unless the facility is certified as 1 Words ctrScl,:©n are deletions; words u~'i0oril"ned are addi Florida Senate - 2004 11-1064A-04 SB I 1 2 3 4 5 6 7 8 9 10 provided by law; authorizing the department to inspect stroke treatment centers; requiring emergency medical services to transport identified stroke victims to certified stroke treatment centers; requiring the department to adopt rules; providing an effective date. WHEREAS, stroke is the third leading killer in the United States and in Florida, and WHEREAS, stroke is also the leading cause of serious http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu= 1 &FT=D&File=sb 1 ... 3/2/2004 Session :Bills:: flsenate.gov Page 3 of 18 11 long-term disability in this state, and 12 WHEREAS, 165,000 people die from stroke in the Unite 13 States every year, including 10,000 persons in this state, 14 WHEREAS, 60 percent of death from strokes occur in 15 women, and 16 WHEREAS, approximately 4.5 million survivors of a 17 stroke are alive today, and as many as 25 percent are 18 permanently disabled, and 19 WHEREAS, nearly 30 percent of all people who suffer 20 stroke are under age 65, and 21 WHEREAS, it is estimated that strokes cost the Unite 22 States nearly $50 billion a year in total costs, with direc 23 costs estimated at $28 billion, and 24 WHEREAS, the state Medicaid budget pays a significan 25 share of the direct cost of stroke, and 26 WHEREAS, as the population ages, death and disabilit 27 from stroke will increase dramatically if this state does n 28 implement strategies that will improve the survival of vict 29 of stroke in all communities across this state, and 30 31 CODINg: Words stricken are deletions; words underlined are addi Florida Senate - 2004 11-1064A-04 SB i WHEREAS, emergency medical services may be transport http://www.~senate.g~v/cgi.bin/view-page.pl?Tab=sessi~n&Submenu=1&FT=D&File=sb l... 3/2/2004 Session :Bills:: flsenate.gov Page 4 of 18 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 stroke victims to hospitals that are not properly equipped provide timely and effective treatment for stroke victims, WHEREAS, many hospitals are not properly equipped to render timely and effective treatment for stroke victims, a WHEREAS, many hospitals that treat stroke victims do not discharge stroke patients with the proper information a tools on how to prevent recurrent strokes, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida: The Lec:isiature ~ic~-~.,~.~ that ~rtp39 identification for s~roke survival is needed in our communities in order t ..~ state in orde~ that stroke victims mav be ~uickl¥ identitied and l:ral sported to and treated in aoproerJate {]) "Accleditir!q or<~anisation" means the Joint ,'~.omm~-{~'~{.~o..on on Accreditati©l of Healthcare Orc~anizatiens, th Acc:[:ed:lEal:ion lq 8ei~,_tb:].ilJtat::ior Fa,r:i]:i. ties, or the Accrei:ii:atJ,'x ' c.a, [ ~r' i{o: AF,bu.lLat:o'.:y lie~.]~_ll- ~' Ca:[(}, ' .... http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu= 1 &FT=D&File=sb 1 ... 3/2/2004 Session :Bills:: flsenate.gov Page 5 of 18 3 CODING: Words ztric}ron are deletions; words uDderlirled are addi Florida Senate - 2004 11-1064A-04 SB I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (2) "CertifieJ stroke treatment cen~er" or "ssroke 2 treatment center" means a:ly hospital licensed under chapte~ 3 395, Florida Statutes, which meets the quidelines adopted b g2~deiin_es adoi2tec ~ the departmer'_5 to treat stzoke patien who require a ~ igil inEensity of medical and surgical care. hospiiai moo{ Jnq a!i Pr;!:!~eri,:t i?xl a !xlimar~-stroke ecnLo!.l_a (5) !{8ospihai" mear'_s any establishment that: {a) Offers services more innensive than those req2i http://www.flsenate.gov/cgi-bin/view~age.pl?Tab=session&Submenu= 1 &FT=D&File=sb 1 ... 3/2/2004 Session :Bills:: flsenate.gov Page 6 of 18 CODIN0: Words ctr"c]ron are deletions; words underlined are addi Florida Senate - 2004 11-1064A-04 SB I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 means to heal, care for, or treat a!~ (6) "Pri~[ary stroke cen~er" means any duty a,cute stroke teams with the abiiit http://www.flsenate.gov/cgi-bin/view~age.pl?Tab=session&Submenu=l &FT=D&File=sb 1 ... 3/2/2004 Session :Bills:: flsenate.gov Page 7 of 18 15 26 27 Guide ines sd}pted by [he deDartnent shall be the minimum 31 CODINg: Words st~'?~'c~ are deletions; words underl ined are addi Florida Senate - 2004 11-1064A-04 SB I (l) (a) T~,.~ d}partment shall annually noi:ity each ac care general hesnilal in the state that the department is accepting letters of bite:it from any ilospital that proDoses http://www.~senate.g~v/cgi~bin/view-page.p~?Tab=sessi~n&Submenu=~ &FT=D&Fi~e=sb ~ ... 3/2/2004 Session :Bills:: flsenate.gov Page 8 of 18 10 dr~,m~n,~, i,et~,ers ef intent must be nostm~rked by midnigh 12 ( ' The d~.~) .... m.n shall seed an 'lpp.llhZ:ai k?.N packag L~c t bv October' 15 14 The application pa~kaqe ~' ' , .......t_{~,.e,.n guideli ~ i,, ~, roi: t:hese 17 ad:>)~ ed Dy the depaI:tment: 19 ,,.~ Co~[~f, letefi iJfs)iica1:iors f~om a hospital must be 20 ~e ....... -' '~-~ by the department by Spri[ ] c,f each /ear, The 25 stroke center. 26 (d) ()n Apz:J.. ~0 ,::)f eaoh year, a must: be ~- ..... ' · c_r ~e~ if hospital meet: 28 29 30 31 (c', The d~9I~altIt?r}r Nay is~u~? 3:f p~_o~<isJonal 6 ~ cie[ i .... t are addi CODING: Words etric]ron are deletions; words , ..... ( http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu= 1 &FT=D&File=sb 1 ... 3/2/2004 Session :Bills:: flsenate.gov Page 9 of 18 Florida Senate - 2004 11-1064A-04 SB i 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 \;ear ano e×[:>:i:[:es aLii:omai:ica ~]2' at: tr~e end of :J!:s ,' ,~'~, & 5 fl[ A ho,~sitai may pro, est a decision made by the ch~pt:e:: i2i), Fi, Jr:ida · ~,~tl~ ..,~. /~ ~ar:.3i(:l ilel]d un,:ie:[ th:is sa 120.569 and 120.57, suspended or revoked, automatically exnires 2 years after t tile requirements set fortii in this acs and in the rilles adopted by t:he S~part:ment .... An appiicatior for renewal of a provided by the der. aztmehf. (3, (a) A stroke treatment center's certification is valid only for t:i-e hospital to which it was i4}su%{&_{%r!d~.~- , ~ oz i,liriai 1¥' =,=,~,~e t. cnl2- for the location foz whit} i= was ~'~'" ~ http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu= 1 &FT=D&File=sb 1 ... 3/2/2004 Session :Bills:: flsenate.gov Page 10 of 18 28 29 30 31 if: {b) An ~%~lication for a new certification is [equi CODING: Words £trickon are deletions; words underlined are addi Florida Senate - 2004 11-1064A-04 SB i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 assigned; or t;he extler, t: that let:al liabii.'ky ior ope[al:ion ,t,f the S![.e:.gd_l_i An application for certification showinqthe'se cha_r~.__~i~l~ cenEers shaii be published on the der3artment's website with ciear]y marked iinh eP~ the webs te's front paqe. The a ii il emer ;~,~ncy ~ 9~},p~ ~: Se/W i c~s ~lov'2 dc~fs. ~ i rq depa r t:men t:s, arid (5) Except .xs ?rovided. in thi~ .5ubseo}%~Qr~A property http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu= 1 &FT=D&File=sb 1 ... 3/2/2004 Session :Bills:: flsenate.gov Page 11 of 18 23 ~%}. F,.,r the piZDO.'~t of tilis se:tien, a ohamue in ownershiD 8 CODINg: Words stricken are deletions; words underlined are addi Florida Senate - 2004 11-1064A-04 SB i 1 (19> 719 tTa~ngfer is _bgt::?J~}9.r~_ .?}~4{~bjxsd arld. wi~_f..e__,~ 10 http://www.flsenate.gov/cgi-bin/viewA~age.pl?Tab=session&Submenu=l &FT=D&File=sb 1 ... 3/2/2004 Session :Bills:: flsenate.gov Page 12 of 18 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 395.001-3%.30::5, i,]orida S!at::u!:e~'r v,zh~c's o[)~,:':at;s a c:ertlJ:[ treatment seFvices ~,Jt~out providing~.Lt~e depaztmer~t at leas (b) This subsection does no~. apply to a short-term {7) Except as or,e--wise !.)rovided by law, the 30 31 evaiqatinq stroke tria.le, evaluating CODING: Words ~-~ are deletions; words tL.~er] ...... J are addi Florida Senate - 2004 11-1064A-04 SB I 1 treatment effeci:iveness, ensuring compliance with the http://www~s~nate~g~v/cgi~bin/view~age~p~?Tab=sessi~n&Submenu=~&FT=D&Fi~e=sb~... 3/2/2004 Session :Bills:: flsenate.gov Page 13 of 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 5. Prohibition; renewai, denial, modify, s'~end~ 5~6 r-e~ko~e the. st..rqke t.zeat:~ent (b) A wffl i <tat: i orl (c) A cgm~aj nh i~y~!4!:}ga~gr!~ irc~hucting a_ 10 http://www.flsenate.gov/cgi-bin/view~oage.pl?Tab=session&Submenu=l &FT=D&File=sb 1 ... 3/2/2004 Session :Bills:: flsenate.gov Page 14 of 18 CODING: Words str;c~'?~ are deletions; words u',de:r']ined are addi Florida Senate - 2004 11-1064A-04 SB I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ,~=n~.er, which includes a review of all certification 4 (d) An rvestJgatlJ}n of a stroke treatment center's 5 emeraer cv access. (2) The de[}artmert siPs.Il acoeph, in place oi ils ow ta tsa·.t }r, i f cer't:i fica'is conductf~t }%i' 3l~ ~ department. under chapter 401, Fiprida Ststutest shall http://www.flsenate.gov/cgi-bin/view~t~age.pl?Tab=session&Submenu= 1 &FT=D&File=sb 1 ... 3/2/2004 Session :Bills:: flsenate.gov Page 15 of 18 29 Dro~ocoi to the de~aEtnier~t withir 90 Gays after this act 31 ~'~roec'~o~ on file and hake them available to any person upo CODINg: Words "~'~"]:cn are deletions; words underll[ in*~d are addi Florida Senate - 2004 11-1064A-04 SB I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 departmeri} w_~hii'i 30 da,~s after its imr~iementatign_.~ (3) The oe~}a :rment shall! adopt guidelires z, i ~ ', ' p~:rsol;s, kI :~;J (3z but r~o':' to, ec..~ c.~p .... ~.1 ~_ok~ ~.~lt physicians http://www.flsenate.gov/cgi-bin/view~age.pl?Tab=session&Submenu= 1 &FT=D&File=sb 1 ... 3/2/2004 Session :Bills:: flsenate.gov Page 16 of 18 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ( 4 } The ,"~ ........ Section 8. This act shall take effect July 1, 2004. 12 CODING: Words ~ are deletions; words und~!~lirmd are addi Florida Senate - 2004 11-1064A-04 SB I SENATE SUMMARY Provides legislative intent with respect to certified stroke treatment centers. Directs the Department of Health to adopt certain stroke-center guidelines as minimal clinical standards. Directs the department to notify hospitals that might choose to become certified stroke treatment centers. Requires hospitals to file a letter of intent. Directs hospitals to file completed applications with the department. Directs the department http://www.flsenate.gov/cgi-bin/view~age.pl?Tab=session&Submenu= 1 &FT=D&File=sb 1 ... 3/2/2004 Session :Bills:: flsenate.gov Page 17 of 18 7 8 9 10 11 12 13 14 15 16 17 18 19 to issue certificates to stroke treatment centers that meet the stroke-center guidelines. Authorizes the department to issue provisional certifications. Provides that a stroke center's certification automatically expires 2 years after the date of issuance. Provides that a stroke center's certification may be renewed. Limits a stroke center's certification to the hospital to which it was issued. Directs the department to post a listing of certified stroke treatment centers on its website and to mail the list to certain persons and entities. Requires a hospital to notify the department at least 6 months in advance of its decision to terminate stroke treatment. Authorizes the department to inspect stroke treatment centers. Requires emergency medical service providers to transport identified stroke victims to certified stroke treatment centers. (See bill for details.) 20 21 22 23 24 25 26 27 28 29 30 31 13 COD%I~G: Words rtrSp],:on are deletions; words uri(ierl] '.ned are addi http://www.flsenate.gov/cgi-bin/viewj>age.pl?Tab=session&Submenu= 1 &FT=D&File=sb 1 ... 3/2/2004 Session :Bills:: flsenate.gov Page 18 of 18 http://www.flsenate.gov/cgi-bin/view~age.pl?Tab=session&Submenu= 1 &FT=D&File=sb 1 ... 3/2/2004 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM# 12, ~- - REGULAR MEETING OF APRIL 13. 2004 SERVICE AUTHORIZATION #11.3/ROBERT G. I~IJRRIE PARTNERSHIP DATE: APRIL 9, 2004 This is before the City Commission to approve Service Authorization #11.3 with Robert G. Cuttle Partnership in the amount of $14,950.00 for additional design services required in the development of the site plan for the Intracoastal Park. Funding is available from 334-4174-572-63.90 (General Construction Fund/Intracoastal Park). Recommend approval of Service Authorization #11.3 with Robert G. Currie Partnership for additional design services required in the development of the site plan for the Intracoastal Park. S:\City Clerk\agenda memos\Se~wiceAuth.# 11.3Curde.04.13.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: David Harden, City Manager Victor Majteny~,'~Co~nstruction Manager www. mydelraybeach, com INTRACOASTAL PARK, P/N 2001-007 Agenda Item: Service Authorization 11.3 to Robert G. Currie Partnership APRIL 2, 2004 Attached for City Commission approval is Service Authorization #11.3 (Amendment 3 to Service Authorization 11) to Robert G. Currie Partnership for additional design services required in the development of the site plan for the new Intracoastal Park project, P/N 2001-007. Service Authorization #11.3 is in the net amount of $14,950.00. Service Authorization #11 to Robert G. Currie for design of the master plan for the referenced project was approved December 23, 2002, in the net amount of $6,600.00. This encompassed Task 1 of the authorization which covered all required surveying on the property. City Commission approved on May 6, 2003, Amendment "1" (Service Authorization #11.1), for conceptual design and permitting requirement review, as described under Task 2a, in the net amount not to exceed $9,250.00. On August 19, 2003, Commission approved Service Authorization #11.2, expanding on task on Task 2a, to include fees for an environmental consultant to coordinate with other review and permitting agencies for any mitigation requirements associated with the design, for a fixed fee of $6,150.00. Proposed Service Authorization #11.3, representing scope of work under Task 3, is for the preparation of the master site plan with the submittal of all necessary documents to the City for Site Plan approval. Approval of this service authorization would bring design costs to date at $36,950.00. Funding is available from 334-4174-572-63.90, General Construction Fund/Intracoastal Park. cc: Richard Hasko; Director of ESD Joe Weldon; Director of Parks & Recreation Randal Krejcarek; City Engineer Rafael Ballestero; Dep. Director of Construction, ESD Agenda File, 04/13104 File 2001-007(A) S:~EngAdmin~Projects~2001 ~2001-007~CONSTRCT~SA # 11.3 Currie 04.13.04.doc Robert G. Currie Partnership, inc. Architects · Planners Interior Designers 134 N.E. 1st Avenue Delray Beach, FL 33444 Telephone (561) 2764951 Fax (561) 243-8184 E-mail rgcp@curriearc.com Web,ire: AIA Florida Firm of the Year 20O0 Robert G. CmTle, Jesa Pl. $owarda, Jo~ N. Agulla, )MA ROBERT G. CURRIE PARTNERSHIP, INC. AMENDED CONSULTING SERVICE AUTHORIZATION DATE: 11/19/2002 Amended 4/8/2003 Amended 8/11/2003 Amended 3/10/2004 SERVICE AUTHORIZATION NO. 11.3 FOR CONSULTING SERVICES CITY P. O. NUMBER: C1~3' EXPENSE CODE: TITLE: INTRAGOASTAL (F.I.N.D.) PARK # 021002 RGCP This Service Authorization, when executed, shall be incorporated in and shall become an integral par~ of the Agreement dated March 29, 1996, as amended, between the City of Delray Beach and The Robert G. Currie Par~ne~hip, Inc. PRO,,IECT' DESCRIPTION Sewices generally consists of preparation of a master plan for the above referenced project, to Include site survey, site planning services, City review at the Site Plan Review and Appearance Board, and if requested, preparation of bidding and Construction Documents. The site is located between the Intracoastal Wate~ay and U.S.#1 consisting of approximately 4,5 acres. II SCOPE OF SERVICES Services for this project will be listed under separate task authorizations as the scope of work is better defined. The anticipated tasks are as follows: TASK 1: (Completed) This will consist of preparation of a boundary survey for the three parcels indicated on the attached sketch as prepared by the City of Delray Beach dated 09-11-2000. TASK 2a:. (Completed) This task will provide the necessary resources for preparation of graphics and other exhibits for presentation to adjoining residents, City staff, and the City Commission, as directed by the City. We will prepare drawings, a,nalyze alternative site approaches, attend meetings, and research environmental implications and approval requirements of the various alternatives. An environmental consultant will be retained to coordinate with other review and permitting agencies for any mitigation requirements associated with the design. Agencies include Palm Beach County DERM, Army Corp of Engineena, FIND, etc. TASK 2b: (Complete&) This task - when authorized - will consist of preparation of a master site plan, floor plans and elevations for the restroom facility. Attendance to meetings with City staff and other regulatory agencies for review of design, and verification of permitting requirements. TA.~K 3: Sewices generally consist of preparation of necessary documents for submittal to the City of Delray Beach for review and approval by the Site Plan Review and Appearance Board (SPRAB) and the City Commission for the boat ramp park per the approved conceptual site plan dated January 16, 2004. Sewices for this project are anticipated to include the following: 4. 5. 6. Preparation of site plan to include site walls, site amenities, site lighting and landscape design. Preparation of conceptualwater, sewer, paving and drainage documents. Preparation of landscaping design plans. Attendance to SPRAB and City Commission meeting. Traffic engineering - if needed - is not included in ~hl~ ~cope of woek. Environmental Mitigation Plan i~ not included in t~is ~cop~ of woek, III I~UD~ET Professional fees for Tasks I and 2 have been completed. Fees for professional sewtces associated with task 3 listed herein shall be a lump sum fee of Four,eh Thousand Five Hundred Oollar~ and No Cent~ (14.1500.00) plus reimbu~able expenses of not to exceed Four Hundred an& Fifty Oollar~ an& No Cents (450.00). IV COMPLETION DATE Each Task will be completed in an expeditious manner, consistent with a written Notice to Proceed from the City. This Sewice Authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of sewices rendered in the previous phase or as encompassed by the previous Sewice Authorization. If the City in its sole discretion is unsatisfied with the sewice provided in the previous phase or Sewice Authorization, the City may terminate the Contract without incurring any fu~her liability. The CONSULTANT may not commence work on any Sewice Authorization approved by the City to be included as par~ of the Contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH ROBERT G. CURRIE PARTNERSHIP, INC. gate: Jeff Perlman, Mayor Attest: STATE OF FLORIDA COUNTY OF PALM BEACH The following instrument was acknowledged Before me this I~ Day of ~-~- , 2004, by Jos~ Aguila, of The Robe~c G. Currie Pa~cnership, Inc, He is personally known to me and did not take an oath. Notary Public My Commission Expires: Agenda Item No."~'''~ AGENDA REQUEST Date: April 2, 2004 Request to be placed on: --X--Regular Agenda Special Agenda Workshop Agenda When: April 13, 2004 Description of item (who, what, where, how much): Commission approval/authorization for the Mayor to execute Service Authorization #11.3 (Amendment 3 to Service Authorization 11) in the amount of $14,950.00 with Robert G. Currie Partnership for the design of the Intracoastal Park, P/N 2001-007. This service authorization represents the scope of services defined in Task 3 of the Service Authorization. It covers preparation and submittal of documents for review and approval by the City's Site Plan Review and Appearance Board and the City's Commission, based on the conceptual plan approved January 16, 2004. Funding is from account 334-4174-572-63.90 (General Construction Fund/ Intracoastal Park) in the amount of $14,950.00. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends award of Service Authorization #11.3 to Robert G. Currie Department head signature: . . , d- ~ &"~ ~ · Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable):. Budget Director Review (required on all ite,rns involving expenditure of funds): Funding available.~l/NO ~,~ ~ ,o.~:~ Funding alternatives (if applicable): see above Account No. & Description ~ g~ - M / '7~-,..~7 Account Balance ~ ¢~'~ ,~/'[~? ~,~¢¢~/d,~ ~ City Manager Review: ApprovedHold Until:f°r agenda: (~NO ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:~EngAdmin~Projects~2001~2001-00%CONSTRCT~SA 11.3 Currie Agd 04.13.04.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~x_ - REGULAR MEETING OF APRIL 13. 2004 ADDENDUM NO. 1/ENGINEERING CONSULTING AGREEMENTS DATE: APRIL 9, 2004 This is before the Commission to approve Addendum No. 1 to the Engineering Consulting Agreements to clarify Section III, "Duties of Consultant", of the Sex. ice Authorization, itemizing and describing their duties in detail. The addendum clarifies what is to be included in each phase of the service authorization. Recommend approval of Addendum No. 1 to the Engineering Consulting Agreements. S:\City Clerk\agenda mem~\Engineenng Consultants Agreement. Amendment.04.13.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: David Harden,~ger Victor Majtenyi, Construction Manager www. mydelraybeach, com ADDENDUM #1, AGREEMENT FOR GENERAL CONSULTING ENGINEERING SERVICES (P/IN 2004-019) Commission Agenda Item, Award APRIL 2, 2004 The attached agenda item is a request for Commission approval/authorization for Mayor to execute Addendum #1 of the Agreement for General Consulting Engineering Services with each of the recently selected consultants. This addendum clarifies what is to be included in each phase of the service authorization. This addendum is subject to review and approval by the City Attorney prior to execution. The verbiage in this addendum is similar to what was included in the last agreement with consulting engineering firms. There is no cost to the city for this addendum. Thank you. Richard Hasko, P.E., Director of Environmental Services Randal Krejcarek; City Engineer Agenda File; 04.13.04 File 2004-019(A) S:XEngAdminXProjccts~2004~2004-019\OFFICIAL~agda memo EngAgrmnt Add# 1 04.13.04.doc ADDENDUM NO. 1 AGREEMENT FOR GENERAL CONSULTING ENGINEERING SERVCIES CITY OF DELRAY BEACH PROJECT NO. 2004-019 RFQ NO. 2004-04 Addendum No. 1, dated _, to the Agreement for General Consulting Engineering Services, is hereby declared a part of the original agreement, and in case of conflict, the following Addendum shall govern. Description: This addendum is issued to clarify phases, Section III of Agreement, of the service authorization. II1. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be perforn~ed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City. must authorize through service amhorizations the commencement of each phase of/he work. Phase 1 - Study and Report Phase lfthe Study and Report Phase is authorized, the following requirements shall apply. The CONSULTANT shall consult with the CITY to clarify and define the CITY'S requirements tbr the Project and review available data. The CONSULTANT shall advise the CITY as to the necessity of the CITY'S providing or obtaining from others, data or services. The CONSULTANT shall identify and analyze permit and approval requirements of all governmental authorities having jurisdiction to approve either the design of the Project and participate in consultations with such authorities. The CONSULTANT shall provide analyses of the CITY'S needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. The CONSULTANT shall provide a general economic analysis of Owner's requirements applicable to various alternatives. The CONSULTANT shall prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to the CITY and setting forth CONSULTANT'S findings and recommendations. This Report will be accompanied by CONSULTANT'S pre- design estimate of probable costs for the Project, including, but not limited to the following, which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies allowances for such other items, sach as charges of all other professionals and consultants, for the cost of land and rights- of-way, for compensation for or damages to properties, and for permit, review and/or approval fees by other governmental agencies, if required. The CONSUI,TANT shall also provide a preliminary evalnation of the City's Project Schedule. The City's Project Schedule and probable construction costs shall be evalaated and updated throughout subsequent phases of the work. 7. The CONSULTANT shall furnish the number of copies of the Study and Report documents as provided in the SERVICE AUTHORIZATION and review them with the CITY. B. Phase II - Preliminary Desiga Phase If the Preliminary Design Phase is attthorized, the following requirements will apply: 1. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent m~d character of the Project. 2. Prepare Preliminary Design documents consisting of final design criteria, preliminary drawings, outliue specifications and written descriptions of the Project. 3. Advise the CITY if additional data or services are necessary and assist the C1TY in obtaining such data and services. 4. Furnish the specified number of copies of the above Preliminary Design documents as contained within the SERVICE AUTHORIZATION and present and review them with the CITY. 5. The CONSULTANT shall submit to the CITY a preliminary estimate of construction costs based on current area, volume or other unit costs, which shall be updated throughout he design development phase. 6. The CONSULTANT shall prepare a development schedule, which shall include, but shall not be limited to, the review and approval times by all governmental agencies as may be required. 7. The CONSULTANT shall make available all desigu calculations and associated Data, and participate itl meetings itl which Valne Engineering Analysis of the project takes place, at such times and places as shall be determined by the CITY. C. Phase I11. Final Design Phase. If the Final Design Phase is authorized, the following requirements shall apply: I. The CONSULTANT shall prepare construction documents which shall include but not be limited to drawings and technical specifications, general and supplementary conditions, bid fur~ns, invitations to bid, instructions to bidders, with technical criteria, descriptions and design data necessary for permitting by governmental authorities, aad shall include any further adjustments itl the scope or quality of the project or in the construction budget attthorized by the City. 2. The CONSULTANT shall, itl the preparation of construction documents, technical criteria, written descriptions and design data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida~ and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project. 3. The CONSULTANT shall prepare a detailed opinion of probable cost in accordance with paragraph I.C, which shall be reviewed by the CITY prior to going oat for bids. 4. The CONSULTANT shall provide the reqtfired docmnents aod attend meetings as necessary, for the approval of governmental boards, agencies or authorities having jurisdiction over the pro. ject. 5. The CONSULTANT shall use bid documeuts provided by the CITY including bidding forms, conditions of the contract, and foru~ of AGREEMENT between the CITY and CONTRACTOR. 6. The CONSULTANT shall prepare all documents including design and plan revisions required for the approval of governmental authorities having jurisdiction over the project. Said approvals are required prior to the public notice for the luvitation to Bid aad submission of applications, therefore are the respousibility of the CONSULTANT. 7. The CONSULTANT shall provide the CITY the number of copies of contract documents as specified iu the service authorization. D. Phase IV - Bidding/Negotiation Phase. If the bidding phase is authorized, the followiug requirements slmll apply: 1. The CONSULTANT shall assist the CITY in obtaining the bids or negotiated proposals, assist in awarding and preparing contracts for construction, attend pre-bid conferences, prepare addenda, provide written recommendation of award, assist in the compilation/preparation of contract documents and after the award assist the CITY in securing the required bonds and certificates of insurance, and in the review of the contract documents for completeness. 2. The CONSULTANT shall attend the bid opening, prepare bid tabulation sheets and assist the CITY in evaluating Bids or proposals and in assembling aud awarding contracts for construction, materials, equipment and services. 3. The CONSULTANT shall issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 4. The CONSULTANT shall consult with and advise the CH'Y as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime coatractor(s) (herein called CONTRACTOR(S) for those portions of the work as to which such acceptability is required by the Bidding Documents. 5. Consult with the CITY concerning aud determine the acceptability of substitute materials and equipment prior to the award of contracts is allowed by the Bidding DOC unlents. E. Phase V- Construction Phase If Contract Administration is authorized, the following reqairements shall apply: 1. The CONSUI.TANT shall provide administration of the contract for coustruction as set forth herein and as contained within the general couditions of the contract for construction. 2. The CONSI_ILTANT shall be a representative of and shall advise and consult with the CITY during construction and until final payment to the contractor is due. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in this AGREEMENT and as provided in the contract for construction unless otherwise modified by written instrument. 3. The CONSULTANT shall visit the site at regular intervals appropriate to the stage of construction or as otherwise agreed to by the CITY and the CONSULTANT. in writing, to become generally familiar with the progress and quality of lhe work completed and shall detemfine in general if the work is being performed in a manner indicating that the work when completed will be in accordance with the coutract documents. The CONSULTANT shall be required to make on-site observations to review the work. The CONSULTANT shall keep the CITY informed of the progress and quality of the work and shall provide certification to the CITY of satisfactory completion of all phases of the work in compliance with the plans, specifications thereto. 4. The CONSULTANT shall not have control over or charge of and shall uot be responsible for construction meaus, methods, techniques, sequences or procedures of constructioa or for safety precautions and programs in connection with the work, siuce these are solely the CONTRACTOR'S responsibility under the contract for construction. The CONSULTANT shall make every reasonable eflbrt to ensure that the CONTRACTOR completes the work in accordance with the current approved schedule and carries out the work in accordauce with the Contract documents. 5. The CONSULTANT based on observations and evaluations of CONTRACTOR'S applications for payment shall review and certify the amouuts due the CONTRACTOR. 6. The CONSULTANT'S certification for payment shall constitute a representation to the CITY, based on the CONSULTANT'S observations at the site as provided herein and on the data comprising the CONTRACTOR'S application for payment, that the work has progressed to the point indicated and that, to file best of the CONSULTANT'S knowledge, information, and beliefi the quality and quantity of the work is the accordance with the contract documents. The foregoiag representations are subject to an evaluation of the work for conformance with the contract documents upon substantial completion, to results of subsequent tests and inspectious, to minor deviations from the contract documents, correctable prior to completion and to specific qualificatious expressed by the CONSI. JLTANT. The issuance of the certificate of payment shall further constitute a representation that the CONSULTANT has made observations to review the quality or quantity of the work. 7. The CONSULTANT shall reco~nmeud disapproval or rejection of CONTRACTOR'S work to the CITY, which does not conform to the contract documents. The CONSULTANT will have authority to require additional inspection or testing of the work in accordance with the provisions of the contract documents, whether or not work is fabricated, installed or completed. 8. The CONSULTANT shall review and approve or take other appropriate action upon CONTRACTOR'S submittals, such as shop drawings, product data, and samples for the purpose of checking for conformauce with information given and the design concept expressed in the contract documents. The CONSULTANT shall evaluate and F. Phase V1 - determine the acceptability of substitute materials and equipment proposed by CONTRACTORS. 9. The CONSULTANT shall prepare change orders and construction change directives with supportiug documentation and data if deemed necessary bye the CONSULTANT, for the CITY'S approval and execution in accordance with the contract documents, and may authorized minor changes in the work not involviug an adjustment in the contract time, which is consistent with the intent of the contract documents. 10. The CONSULTANT shall coudact inspections to determine the date or dates of substantial completion and the date of final completion, shall receive and forward to the CITY for the CITY'S review and records, written warranties and related documeuts required by the contract documents and assembled by the CONTRACTOR and shall issue a final certificate for payment upon compliance with the requirements of the contract documents. 11. The CONSU1,TANT shall interpret matters concerning performance of the CITY and CONTRACTOR under the requirements of the contract documents on written request of either the CITY or CONTRACTOR. The CONSULTANT'S response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 12. Interpretations of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the contract documents and shall be in writing or in file form of drawings. When making such interpretations, the CONSULTANT shall endeavor to secure faithful performance by both the CITY and the CONTRACTOR. 13. The CITY shall be the final arbiter on matters relating to aesthetics. 14. The CONSULTANT shall render written interpretations within a reasonable time on all internal disputes between the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 15. The CONSULTANT"S interpretations ou internal disputes are not binding on the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 16. The CONSULTANT shall provide the number of sets of the constrnction documents to the CONTRACTOR as specified in the SERVICE AUTHORIZATION. 17. Upon completion of construction the CONSULTANT shall provide to the CITY, three sets of record drawings, signed and sealed, plus one set of mylars incorporating as built conditions and other data furnished by contractor(s) to CONSULTANT. 18.In company with the City, the CONSULTANT shall visit the Project to observe any apparent defects In the completed construction, assist the CITY in consultations and discussions with CONTRACTOR(S) concerning correction of such deficiencies, and make recommendations as to replacement or correction of defection work. Resident Project Representative Services Phase If the Resident Project Representative Services Phase is authorized the following requirements shall apply: A. A Resideut Project Representative will be assigned to assist CONSULTANT in carrying out his responsibilities to CITY at the site. Resident Project Representative is CONSULTANT'S agent at site, will act as directed by and under the snpervision of CONSULTANT, and will confer with CONSUI,TANT regarding Resident Representative's actions. Resident Representative's dealing in matters pertaining to the on-site work shall in general be with CONSULTANT and CONTRACTOR keeping the CITY advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with the CITY with the knowledge of and under the direction of CONSULTANT. B. Resident Project Representative shall where applicable: 1. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with CONSULTANT concerning its general acceptability. 2. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress ineetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Working principally through CONTRACTOR'S superintendent, assist CONSULTANT in serving as the City's liaison with CONTRACTOR, when CONTRACTOR'S operations affect the CITY'S on-site operations. 4. Assist in obtaining from the CITY additiooal details or information, when required proper execution of the Work. 5. Record date of receipt of Shop Drawings and samples. 6. Receive samples, which are furnished at the site by CONTRACTOR, and notify the CON SULTANT of availability of samples for examination. 7. Advise the CONSULTANT and CONTRACTOR of the commencement of any Work requiring a Shop Drawing, if the submittal has not been approved by the CONSULTANT. 8. Conduct on-site observations of the Work in progress to assist the CONSULTANT in determining if the Work is, in general, proceeding in accordance with the Contract Documents. 9. Report to the CONSULTANT whenever Residential Project Representative believes that any Work is unsatisfactory, faolty or defective or does not conform to the Contract Documents; or has been damaged, or does not meet the requirements of any inspectiom test or approval required to be made. Advise the CONSULTANT of Work that Resident Project Representative believes should be uncovered for observation, or reqnires special testing, inspection or approval. Nothing herein shall relieve the CONTRACTOR or the CONSULTANT from the duties imposed by the contract. I 0. Verify that tests, equipment and systems startups, and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to the CONSULTANT appropriate details relative to the test procedures and startups. 11. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the CONSULTANT. 12. Report to CONSULTANT when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the CONSULTANT. 13. Consider and evaluate CONTRACTOR'S suggestious tbr modifications in Drawings or Specifications and report with Resident Project Representative's recommendations to the CONSULTANT. Transmit to CONTRACTOR decisions as issued by the CONSULTANT. 14. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductious of original Contract Documents, including all Work Directive Chauges, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, CONSULTANT'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related docmnents 15. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditious, list of job site visitors, daily activities, decisioas, observations in general, and specific observations iu more detail as in the case of observing test procedures; and send copies to the CONSULTANT. 16. Record all names, addresses and telephone numbers of the CONTRACTOR, all subcontractors and major suppliers of material and equipment. 17. Furnish the CONSULTANT periodic reports as required of progress of tile Work of the CONTRACTOR'S compliauce with the progress schedule and schedule of Shop Drawing and sample submittals. 18. Consult with the CONSULTANT in advance of schedule major tests, inspections or start of important phases of the Work. 19. Draft proposed Change Orders and Work Directive Changes, obtaining backup materials fi'om CONTRACTOR and recommend to the CONSULTANT, Change Orders, Work Directive Changes, and Field Orders. 20. Report immediately to the CONSULTANT aad the CITY upon the occm'rence of auy accident. 21. Review applications fbr payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to the CONSULTANT noting particularly the relationship of the payment requested to tile schedule of values, Work completed and materials and equipment delivered at the site, but not incorporated in the Work. 22. During the conrse of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to the CONSULTANT for review and forwarding to CITY prior to final payment for the Work. 23. Before the CONSULTANT issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 24. Conduct final inspectiou in the company of the CONSULTANT, the CITY and the CONTRACTOR and prepare a final list of items to be completed or corrected. 25. Observe that all items on final list have been completed or corrected and make recommendations to the CONSULTANT conceruing acceptance. C. The Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equiplnent. 2. Exceed limitations of the CONSULTANT'S authority as set fortb in the Contract Documents. 3. Undertake any of tbe responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR' S superintendent. 4. Advise on, issue directions regarding or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding or assume control over safety precautions and programs iu connection with the Work. 6. Accept Shop Drawing or sample submittals, from anyone other than CONTRACTOR. 7. Authorize the CITY to occupy the Project in whole or in part. 8. Participate iu specialized field or laboratory tests or inspections conducted by otbers except as specifically authorized by the CONSULTANT Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date Mayor Date By: (Seal) Attest: Approved as to Legal Sufficiency and Form Witness Witness Attest: BEFORE ME, the foregoing instrument, this day of ,20 , was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of ,20 Notary Public State of Florida My Commission Expires: Agenda Item No.<:~'~ AGENDA REQUEST Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Date: 02 April 2004 When: 13 April 2004 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute Addendum #1 of the Agreement for General Consulting Engineering Services with each of the recently selected consultants. This addendum clarifies what is to be included in each phase of the service authorization. This addendum will be reviewed and approved by the City Attorney prior to execution. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Addendum #1 to the Agreement for General C°nsulting Engineering Servicers""2 ~,~d ~~ Department head sig natu re: l _ ~_(.~(,,~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO N/A Funding alternatives .(if applicable) Account No. & Description Account Balance) City Manager Review: Approved for agenda:(,.~,NO Hold Until: ~" Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:~EngAdmin~Projectst2004~2004-O19~OFFICIAL~agda req Eng Agrrnnt Add #1 04.13.04.doc rITY OF DELRI:IY BEACH 100 NW. lstAVENUE DELRAY BEACH FLORIDA 33444 561/243-7000 Ali-America City TO: David T. Harden, City Manager 1993 2001 FROM: ~}R°bert A. Barcinski, Assistant City Manager DATE: April 2, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 13, 2004 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for May 13, 2004 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, st nd Railroad Drive from Atlantic to N.E. 1 Street, and NE 2 Avenue from Atlantic Avenue to NE 1st Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, trash and clean up assistance. The street closure will be from 3:00 p.m. to approximately midnight. Attached is a permit request for approval and City assistance for this event from Marjorie Ferrer. The estimated overtime cost for this event is approximately $6,400. Actual overtime costs for January's event were $7,400. A copy of the hold harmless agreement, insurance certificate, and event budget is attached. Per our event policy the Joint Venture will be required to pay 50% of all costs over $5,000. This event is being held in the same week as the Hot Air Balloon Glow and Race and during the Florida Trust for Historic Preservation Conference. RECOMMF. NDATION Staff recommends endorsement of the event, approval of the temporary use permit, street closure, and staff support as requested. RAB/tas cc: Lt. Geoff Williams Asst. Fire Chief Bill Adams Joe Weldon Harold Bellinger File:u:sweency/events Doc: Agenda Art and Jazz on the avenue 051304 ~ PrintedonRecyct©dPape¢ THE EFFORT ALWAYS MATTERS City of Delray Beach Special Event Permit Application PLEASE PRINT Event Approved/Denied Approved/Denied by Date of Approval/Denial Title DELRAY 8EACH 1. EventName/Title: /¢¢1' .¢ -~2-.% O/v ?/~c- //ve/~u,f_ Event Time(s): 2. Event Date(s): ,/~fl y / :5 -QoO d ~ ]o/'q - 3. Event SponsodProducer: ;:7",o/,,T'T' ;/'~-,,'//~'¢,,,~ ~' 5. 6. 7. 8. 10. Event ContactJCoordinat0r: - Address: ~q ~ 5 Telephone Number: .&~q- i~go~ 16 Cellular Number: E-mail Address:., m~ ~4~,~ Event Description: ~ (If neighborhood block pa~y, then p~ease skip questions ~10.35 and go to question ~36) Sponsor Category: (please check) City ~ Non-ProfNCharitable ~ Privat~ Co- Sponsor- Non-ProfiUPrivate (If Non-profit attach proof of 501c(3) or (d)) ' Site plan attached: yes ?< (Site plan required for entire event site) Event budget attached: yes ~ (Required for all events) no no, 12. 13. Serving or selling alcoholic beverages: yes. no~'r (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) 14. Event certificate of insurance attached: yes X/ no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) 15. Playing of amplified music: yes ~' no (Waiver required) 16. Requesting Police assistance: yes.. Y' no (Traffic control/security) 17. Will supplement with private security: yes no ~ (If yes, need plan attached) 18. Requesting Emergency Medical assistance: yes no ~(' 19. Requesting barricade assistance: yes, ,,,~"' no 20. Requesting trash removal/clean up assistance: yes~ no 21. Requesting trash boxes and liners: yes .,',, no 22. Requesting stage use: yes (If yes, check type) Large stage covered [] stage [] 23. Requesting signage: no Type: Event sign 24. no, ~ Large stage no cover [] Small stage [] Half small yes Directional signs Banner hanging ~ Indicate dates required / (Waiver required if more than one (1) week prior to event) ~-/2/Z~n~oY Food and beverage vendors: yes If yes, please provide the approximate number, as well as the name~ address, and contact phone number of each vendor 25. Health Department approval: yes, no 26. Other vendors: yes no 27. Tents: yes no (If yes, tent permits and fire inspections maybe needed) 28. Will the event include amusement rides? yes no (If yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider) 29. Will the event be gated? yes no .~' 30. 31. 32. 33. 34. (Show on-site map) Will there be fireworks or other pyrotechnics? yes no (If yes, contact Fire Marshall) ' ' Will there be cooking with compressed gas? yes no (If yes, contact Fire Marshall) Will you be providing port-a-lets for the event? yes. ~-, no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) ~ g// .~ / Z"E: Will there be a charge for the event? yes no (If yes, indicate ticket prices) ' ' Is reserved parking requested? yes no (If yes, indicate locations) 2 35. Neighborhood Block Parties (Neighborhood block parties only) · Is event sponsored by the Homeowner's Association? yes no (If not, then individual(s) submitting permit application must also submit a petition signed by 51% of the homeowners who live on the block) · Please note the following:l) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the event. Evenf~ Contractor/Coordinator Please print: ~,4-~ ~r~)~qi.~ ,~'~E~-.. Please enclose the appropriate non-refundab e application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use Only/ Date Received Site map Budget ,// Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage_.. Railroad approval Coast Guard approval 50 lc(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval Application fee received $ /~ ACORD. CERTIFICATE OF LIABILITY INSURANCE O,,D UATE M.,OO , DOWNT-2 [ 12{29/03 PRODUCE~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Plastridge Agenc~r, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 820 N. E. 6th Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O..Drawer 730 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Delray Beach FL 33447-0730 Phone: 561-276-5221 Fax: 561-276-5244 INSURERS AFFORDING COVERAGE NAIC# INSURED Downtown Delray Beach Joint 64 S.E. 5th Avenue Delray Beach FL 33444 INSURERG~ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTY~THSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V~TH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR[ TYPEOFINSURANCE POLICY NUMBER POLICYcrr=~HVI POLICYEXPIRA~ON GENERAL LIABILI~ EACH OCCURRENCE $ 1000000 A X ~ COMMERCIAL GENERAL LIABILITY CLS0737702 01/23/04 01/23/05 --I ~ PREMISES (Es occumnce~ S 50000 I CLAIMS MADE iai OCCUR NED EXP (Any one p~n) $ excl -- PERSONAL & ADV INJURY $ 1000000 -- GENERAL AGGREGATE S 1000000 I POLICY ~ JECT ~LOC ~ OCCUR [] CLAIMS MADE AGGREGATE $ EMPLOYERS' LIABILITY be~.euPTION OF ",-~;-e=~11ONS / LOCATIONS ~ VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Special Events - 5 Art & Jazz on the Avenue/ 8 S~mer Nights on the Avenue / Balloon Glow. The City of Delray Beach is listed as additional insured with respect to General Liability ONLY. CERTIFICATE HOLDER CANCELLATION City of Delray Beach 100 N.W. let Avenue Delray Beach FL 33483 SHOULD ANY OF THE ABOVE DESCRIBED POLICIEE BE CANCELLED BEFORE THE EXPIRA~O~ DATE ~EREOF, ~E ~SSUING INSURER ~LL ENDEAVOR TO MAIL 30 DAYS WRITTEN NO~CE TO THE CER~FICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGA~ON OR LIABILI~ OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) CITYD-1 AUTHORIZED REPRESENTATIVE © ACORO CORPORATION 198 SPECIAL EVENT HOLD HARMLESS AGR~:EMEN_T The _Downtown Delray Beach Joint Venturr 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 De[ray Beach, its agents and employees from all suits, actions and claims inc[hding attorney'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 ~roperty adsing from and in exchange for the Downtown Delray Beach Joint Ventur, use of City facilities or . (Name of'Entity) - properly for the special' event of "ART & JAZZ arid hereby releases the City of Deir~y Beach, its- agents and: employees fi'om all Suits~ actions and cia[ms including attorney'S- fees and costa attendant to any claim, litigation, administrative proceedings, alSpeal and judgment of' avert7 name and descnotion brought against the City as A result of loss, dar~age or injury to person er property arising from the specia~ event afAP. T &.JAZZ (Name of Entity) This l~deFnnific~[fon and Held Harmless and Defend Agreement is only to the extent of' insurance maintained by the Downtown De[ray Beach doint Venture as covered under 8cottsdaie nsurance Company Policy number CLSQ737702 ART& JAZZ (Nameof'Speci'a[Evedt) -- ;~, Witness ' Pdnt Name Please name Michael Lis'~ck, Chairman Delray Beach Joint Venture _MiChael UstJck Pdnt Name ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager AGENDA ITEM CITY COMMISSION MEETING APRIL 13, 2004 SPECIAL EVENT REQUEST - 4TM OF JULY CELEBRATION DATE: April 5, 2004 ACTION: City Commission is requested to endorse the 4th of July Celebration, grant a temporary use permit per LDR's Section 2.4.6(H) for the closure of Atlantic Avenue from the east side of NE/SE 7th Avenue to Ocean Blvd., and from the south side of Thomas Street to the north side of Miramar on Ocean Blvd. from noon to approximately midnight, to waive City ordinances 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors, and to allow all beach parking lots to remain open to approximately midnight. Commission is also requested to provide staff support for security and traffic control, street barricading and banner hanging, stage set up and use, and clean up and trash removal. BACKGROUND: The 4th of July Celebration is sponsored by the city through the Parks and Recreation Department in partnership with the Joint Venture. The Parks and Recreation Department is responsible for event management, planning and coordination of staff support. The Joint Venture contracts with the fireworks vendor for the display and barge, assists in fund-raising, helps obtain sponsors and vendors, develops and delivers promotional materials, and obtains and coordinates media coverage. There will be a sand-sculpting contest on the beach from approximately 8:00 a.m. until noon. A bicycle parade will start at 4:00 p.m. and entertainment will begin at 6:30 p.m. The fireworks show starts at approximately 9:00 p.m. Various vendors, as well as, the Marriott and restaurants on south Ocean Boulevard will be set up along Ocean Boulevard and Atlantic Avenue selling food and beverages beginning at approximately 5:00 p.m. The cost of the fireworks display, barge rental, and docking fees are approximately $75,000. The City contributes $40,000 to the Joint Venture to help offset the costs of the fireworks display and barge rental. Overtime costs for staff support are approximately $27,750 and are paid for through the City departmental budgets. Last years costs were $27,835. In addition, barricade rental costs and portable lighting rental costs are about $500. The in-kind value of media and other event support is approximately $150,000. Liability insurance is assumed by the City. A budget from the Joint Venture, our partner for the event, is attached. RECOMMENDATION: Staff recommends approval of the event, the temporary use permit for street closures, waiver of LDR's to allow banners and flags, waiver of City codes to allow assembly on the beach and vendors on A-1-A, approval of parking lot closure extension, and staff support as stated. RAB/tas File:u:sweeney/events Doc:Memo to DTH re 4tn of July Celebration 2004 City of Delray Beach Special Event Permit Application PLEASE PRINT Event Name/Title: F~Li r,~13~, I~/u F~u;~ies Event Date(s): ,_~lJJt! /~'~, ~)~Oq DELRAY BEACH EventTime(s): ~;COQ./I1 ~O..r'~c~,.~n~,c~//-'//~/~.--' ~; ~,~ EventSponsor/Produ~r: ~~ ~,~r~ Event ContacUCoordinator: . }~/~ ~ · ~ I~ ~r Name: Address: Telephone Number: Cellular Number: E-mail Address: Event Description/Purpose: Sponsor Category (please check)CityJ3[Non-Profit/Charitable [] Private [] Co-Sponsor- Non-Profit/Private [] (If Non-profit attach proof of 501c(3) or (d)) Event Location (D..~scrj.be a~re, a, boupdari_es of eve. nt/Iocation): ~ ~ #r~ ./-~ ~. , _/~./~>;~ t~ve. ~ ~ J~. Site plan attached (Site plan required for entire event site) Event budget attached (Required for all events) Serving or selling alcoholic beverages (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached yes no (Required two (2) weeks prior to event naming the City as additional insure~, also required for vendors) Playing of amplified music (Waiver required) yes ,'~ no Requesting Police assistance (traffic control/security) Will supplement with private security (If yes, need plan attached) yes X ~tes no no/X Requesting Emergency Medical assistance yes .,/~ no Requesting barricade assistance yes ~* no Requesting trash removal/clean up assistance yes /~' no Requesting trash boxes and liners yes /~ no Requesting stage use ~fyes, checktyp~ Large stage covered Halfsmallstage,]A/ yes 'X no Large stage no cover [] Small stage [] Requesting signage Type: Event sign. Banner hanging ;~ (Waiver required if more than one (l) week prior to event) yes /~ no Directional signs /X ~o~d'12m~]o~t' Indicate dates required~ r~_~llJ'rEfT~7~5. yes. no /X r¢5- o zfacrl yes. no/~ Food and beverage vendors If yes, approximate number Health Department approval Other vendors ~3~-r~r.~ ~/~-' yes A no Tents : yes _,~ (If yes, tent permits and fire inspections maybe needed) no Will the event include amusement rides yes no (If yes, type and location and copy of liability insurance required) Will the event be gated (Show on-site map) yes nq,,-~ Will there be fireworks or other pyrotechnics yes /~ (If yes, contact Fire Marshall) no Will there be cooking with compressed gas (If yes, contact Fire Marshall) yes no ~ Will you be providing port-a-lets for the event yes X no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event (If yes, indicate ticket prices) yes no~(' Is reserved parking requested (If yes, indicate locations) yes,P(, no Ple~s.~ print: .J0~- Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use Onlvl Date Received Application fee received $ /~CJ"A'~-~ ~'U~- Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval Ma~ 03 04 il:iSa DELRRY BCH CHAMBER S61~?BOSSS p.1 Client~: 50 DELBEACl ACORD. CERTIFICATE OF LIABILITY INSURANCE 03123/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8200 N.W. 41st Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Miami, FL 33166 INSURERS AFFORDING COVERAGE NAIC # ~NSURED INSURER A: State National Insurance City of Delray Beach iNSURER B: 100 NW 1st Avenue INSURER C: Delray Beach, FL 33444 INSURER D; INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~,DD'[ POLICY EFFECTIVE POLICY EXPIRATION LTR NSR[ TYPE OF INSURANCE POMCY NUMBER DATE IMMIDD/YYI DATE/MMIDI~/Yy) LIMITS A GE__~NEBAL UAS~UTY {)9290302 10101/03 10/01104 EACH OCCURRENCE $1,000~000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES lea occurrencel $ I CLAIMS MADE L~ OCCt JR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ A __ AUTOUOB~LE MAB~U~ 09290302 10/01/03 10/01104 COMBINED SINGLE LIMIT ~ ANY AUTO (Ea accident) $1,000,000 (Per accident) ~ OCCUR [] CLAIMS MADE AGGREGATE $ $ GENERAL & AUTOMOBILE LIABILITY $500,000 SIR - CITY RELIES ON FS768.28 General Liability (Auto Liability only if applicable) at $500,000 SIR; City relies on FS 768.28 Certificate holder is an additional insured but only to the extent allowed (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Florida Department of Transportation (DOT) 7900 Forest Hill BIvd West Palm Beach, FL 33410 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE TH EREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Ii, IS U R E R, ITS A(~ENTS OR REPRESENTATIVES. ACORD 25 (2001108) I of 3 #S646251M58296 AXL e ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001108) 2 of 3 #S646251M58296 DESCRIPTIONS (Continued from Page 1) by F.S.768.28 and the FL Constitution. This Certificate issued as per the 4th of July Celebration 2004 on Delray Municipial Beach, use of DOT road way. AMS 25.3 (2001/08) 3 of 3 #S64625/M58296 3nN3AV SM3~0N¥ 3Z33~8¥3S 3AV YNIqV NOSN 'OW 1S¥3 '3AV H19 '3'N ONNOSH. LNOS '3AY '3AV H.Lg '3'N '3AV H.L9 '3'S I-LLg [ITY DF DELRI:IY BEI:IrH DELRAY BEACH AII-AmedcaCily 1993 2001 TO: 100 N W lstAVENUE DELRAY BEACH FLORIDA 33444 M OH DU I David T. Harden City Manager FROM: ~Robert A. Barcinski ~/Assistant City Manager DATE: April 5, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 13~ 2004 SPECIAL EVENT APPROVAL - HOT AIR BALLOON GLOW AND BALLOON RACE ACTION City Commission is requested to approve a Hot Air Balloon Glow to be held on May 14, 2004 and the Hot Air Balloon Race to be held on May 15th and 16th sponsored by the Joint Venture. Commission is also requested to approve a temporary use permit per LDR's Section 2.4.6(H) for the closure of Atlantic Avenue on May 14~h, 2004 from A-1-A to Venetian between 3:00 p.m. and 1 l:00 p.m., to allow beach parking lots to stay open until 11:00 p.m. on May 14th, approve use of the City parking lot at the Marriott for balloonists, and to approve staff support for security and traffic control, barricading, signage preparation and set up, large stage set up and take down at Lake Ida for the race, and trash removal and clean up for this event. BA CKGR OUND Attached is a permit request for activities to take place on May 14t~ - 16th, 2004 for the Hot Air Balloon Glow and Race. The Balloon Glow will be held on Atlantic Avenue on May 14th, 2004 from 6:00 p.m. - 9:00 p.m. Entertainment and food will be set up, as well as a display of about five (5) hot air balloons. On Saturday, May 15th, 2004 two (2) races will start from Lake Ida Park one at 6:30 a.m. and one at 4:00 p.m. Activities begin each morning at 6:00 a.m. and include a pancake breakfast. A VIP and sponsors tent will be set up, as well as local entertainment. Balloon sponsorships are being solicited through the Joint Venture to offset the costs. The Joint Venture will handle event management to include coordination of balloon applications, vendor approval, solicitation of sponsors, and will provide port-a-lets. Staff assistance will be needed on May 14th, 2004 on Atlantic Avenue, as well as May 15th - 16t~, 2004 at Lake Ida Park for traffic control and security, barricading, stage set up and removal and trash pick up. City staff is also being requested to make and put up signage for the event to include all off site parking. 561/243-7000 THE EFFORT ALWAYS MATTERS Agenda Item City Commission Meeting April 13, 2004 Page #2 Date: April 5, 2004 The Joint Venture has provided liability insurance for the event. In addition, all balloonists and vendors will provide liability insurance. The Fire Department will provide assistance during refueling of balloons. The estimated overtime costs for this event is $8,600. Last years costs were $3,281. Due to 1-95 construction we only did the Glow last year. Per event policies and procedures the Joint Venture will pay 50% of costs over $5,000. Attached is a copy of the budget, site plan, certificate of insurance and hold harmless agreement. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for Atlantic Avenue, and approval of staff support for traffic control and security, barricading, sign preparation and installation, stage set up and removal, and trash removal and clean up. Also recommend approval of the extension of parking lot closure time as requested on May 14th and use of the Marriott lot for balloonists. RAB/tas Fde:u.'~eeney/events Doc:Hot Air Balloon Race and Glow 2004 Event Approved/Denied City of Delray Beach Special Event Permit NNt~ica City Applicati°n f~" I] 1 5 ¢-J~ U, IlllJ PLEASE P NT 200~ Date of Approval/Denial Approved/Denied by Event Name/Title: _ ,/7~7- Event Date(s): , :,4,,? Title 3. Event SponsodProducer: ~7-~ / ~r- Fz~ ~ f u ~ e-- 5, 6. 7. 8. Event Contact/Coordinator: Address:~ ~ ? ~ ~.4V~- ~' 13 ~,~/~,, h~. Telephone Number: Event Description: (If neighborhood block party, then please skip questions #~0.35 and go to 10. 12. 13. 14. 15. 16. question #36) Sponsor Category: (please check) City [] Non-Profit/Charitable [] Private / Co- Sponsor- Non-Profit/Private r~ (If Non-profit attach proof of 5.01c(3) or (d)) ' Eve~ Location/Address: _~//Y/4/_d2,,¢(¢ ,4T~/t/~TI/' ~v~i~, (Site plan required for entire event si~e) yes ..... no .~ Event budget attached: yes ~" no (Required for all events) Serving or selling alcoholic beverages: yes no ~ (If yes, copy of license and alcohol liability insurance required two (2) Weeks prior to event) Event certificate of insurance attached: yes ~ no (Required two (2) weeks prior to event naming the City as additional in'sured, also required for vendors) Playing of amplified music: (Waiver required) Requesting Police assistance: (Traffic control/security) yes ~ no yes ,/~/ no, 17. Will supplement with private security: yes. (if yes, need plan attached) 18. Requesting Emergency Medical assistance: yes. 19. Requesting barricade assistance: yes 20. Requesting trash removal/clean up assistance: yes.. 21. Requesting trash boxes and liners: yes 22. Requesting stage use: " (If yes, check type) yes no no X no no no no~ Large stage covered ~ Large stage no cover [] Small stage [] Half small stage [] ~'e~ I~&~ 23. Requesting signage: yes_. ~ no Type: Event sign Directional signs... Banner hanging Indicate dates required (Waiver required if more than one (I) week prior to event) 24. Food and beverage vendors: yes. no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor ,, ~1<~ ~A' ~ I~1~ 25. Health Depa~ment approval: yes. no 26. Other vendom: yes no 27. Tents: ;~i~~n yes ~' (if yes, te~t pe spec~ions maybe need~ 28. Will the event include amusement rides? yes_ .. ~ no (If yes, ~ype and location and copy of liabili~ insurance requ~ed)(Also, please provide the name, address and contact phone number for each amusemen~ provider) ~Vill the event be gated? yes no 29. (Show on-site map) 30. Will there be fireworks or other pyrotechnics? yes... (if yes, contact Fire Marshall) 31. Will there be cooking with compressed gas? yes. (If yes, contact Fire Marshall) 32. Will you be providing port-a-lets for the event? yes. (If yes, locate on-site map. needs) no no, no If no, indicate how you will handle restroorn 33. Will there be a charge for the event? (If yes, indicate ticket prices) 34. Is reserved parking requested? (If yes, indicate locations) yes no....,~; yes no.. 35. Neighborhood Block Parties (Neighborhood block parties only) · Is event sponsored by the Homeowner's Association? yes no__ (if not, then individual(s) submitting permit application must also submit a petition signed by 51% of the homeowners who live on the block) · Please note the following:l) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the event. Event Contraetofl¢oordinator Please print: ./~,~4 Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use Only. ~ ., Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval Application fee received $ [/~ ~'~ 3nN3A¥ SM3;WGNV ']A¥ NOS 'iS 3Z33~8¥3S '3AV ]Al21(] ~¥ZSVOOV~2 NI ONIqOSFLL21ON (L 's'n) '3A¥ H. L9 '3AV HI9 '3'S aNNOSI-LLnOS '3AV HtC3 '3'N '3AV HJ.g '3'S ACORD. CERTIFICATE OF LIABILITY INSURANCE oP,o s]~]~ DATE(MMIOD/~FfY) DOWNT-2 I 12/29/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Plastridge Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 820 N.E. 6th Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Drawer 730 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dalray Beach FL 33447-0730 Phone: 561-276-5221 Fax: 561-276-5244 INSURERS AFFORDING COVERAGE NAIC# iNSURER B; Downtown Delray Beach Joint 64 S.E. 5th Avenue INSURER D: Delray Beach FL 33444 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW]THSTANDING ANY REQUIREMENT, TERM OR C0NDIT~ON OF ANY CONTRACT OR OTHER DOCUMENT W]TH RESPECT TO V~flCH THIS CERTIFICATE MAY BE iSSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE {MM/DD/YY) DATE {MMIDD,'YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE I s 1000000 A X X~ COMMERCIAL GENERAL LIABIUTY~ CT.S0737702 01/23/04 01/23/05 PREMISESU~VlA~b IU h;bN,bUiEa cccurence}$ 50000 I CLAIMS MADE xL~ OCCUR MED EXP (Any one pers~xl) $ ex~l PERSONAL &ADVINJURY : $ 1000000 GENERALAGGREGATE $ 1000000 ~ POLICY ~PRO- _ PROPERTY DAMAGE (P~ accident) $ ~ OCCUR [~--_-] CLAIMS MADE AGGREGATE $ $ . .ERSDOMPENSATIONAND ITORYUMITS I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Special Events - 5 Art & Jazz on the Avenue/ 8 S-m~er Nights on the Avenue / Balloon Glow. The City of Delray Beach is listed as additional insured with respect to General Liability ONLY. CERTIFICATE HOLDER CANCELLATION City of Delray Beach 100 N.W. 1st Avenue Delray Beach FL 33483 CITYD-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO OD SO SHALL IM POSE NO OBLIGATION OR LIABILITY OF ANY FJND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. © ACO~O CORPORATION 198 AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) 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 attorney'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 adsing from and in exchange for the Downtown Detray Beach Joint Venture use of City facilities or (Name of Entity) property for the special event of Hot Air Balloon Event * and hereby releases the City of Delray Beach, its agents and employees from all suits, actions and ctaims 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 adsing from the special event of Hot Air Balloon Event (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 Hot Air Balloon Event (Name of Special Event) Witness (Please type or pdnt name) Witness (~,4/z~ LX~ (Please type or pdnt name) Na~e ~ Title Chairman, Delray Beach Joint Venture DELRAY BEACH .[OII~IT VENTURE * Community Redevelopment Agency * Delray BeaCh Cham~er of Commerce * Downtown Development Authority. What Makes a A Hot Air Balloon Fly? Deflation Port Maneuvering Vent luator Basket Block Envelope Attachment Block~ Blast Valve .~ Superstructur~ Padded Suede lrim\~ Wicker Basket Leather j Scuff~ Hardwood Base -- Double /Burner System Electronic Ignition Chassis Box Burner Fuel Hose Instrument Panel Champagne --Console- ~ I ~ Electronic ~ Blast Valve ~ ~ Control .... '~:~.~ ~- 20-Gallon Fuel Tank ~-,I~-- Hot Air Balloons Consist of: An Envelope or Top Portion. The Envel~Spe ranges from 30,000 to over 100,000 cubic feet of nylon. The diameter may be 50 to 60 feet and a height of proportionately 8-10 feet greater than that. A Wicker Gondola. The Gondola is suspended below the envelope and carries both passengers and instruments. The main instruments b/picall~y included are: ·Altimeter · Variometer - indicates movement up and down · _Pyrometer - measures the temperature inside the balloon · Propane Burner - mounted alSove the gondola · Fue/Tanks The Basics of Hot Air Balloon Flight: Inflation The envelope is inflated by a gasoline engine-driven blower. Th'eh, the propanb b~rner is ign~ed and the air is heated until the balloon is buoyant and ready to ascend. Flight Balloons have no sideways maneuverability. The pilot adjusts the burner and ai~ vent to control ~fscent and descent of the balloon. Winds vary at different altitudes. To reach a destination, the balloonist must find an altitude with a wind that will blow in the right direction. Landing To land, balloonists cruise at a Iow altitude until they locate a suitable site. They then use the burner to control the descent. The burner is turned off juSt before touch down and a deflation port is opened to empty air from the envelope. A chase crew coh~es around lo'take the balloon and occupants back to the launch site. Directions The Balloon Glow portion of the Festival will be held along Atlantic Avenue by the Deiray Beach Marriott. From 1-95, take Atlantic Avenue East to the Ocean. Downtown parking available. The Delray Beach 5th Annual Hot Air Balloon Race & Festival will be held at Lake Ida Park along 1-95. From 1-95, exit West on Atlantic Avenue to Congress Avenue. Head North until you reach Lake Ida Road and make a right. The entrance to the Park is the first left after the 1-95 overpass. Parking On Saturday and Sunday~ visitors may park at FPL Commerce Park, Cason Methodist Church-grass lot, S.D. Spacly Elementary School parking lots or Lake Ida Park (Saturday, South of the boat ramp). Free Trolley A Free trolley will make stops approximately every 15 minutes at FPL Commerce Park, S.D. Spady Elementary School and Cason Methodist Church. Trolley will run 5:30am to 7pm on Saturday, May 15th and 5:30am to noon on Sunday May 16th. DELRAY BEACH . .amotl. Sun-Sentinel ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: David T. Harden, City Manager obert A. Barcinski, Assistant City Manager AGENDA ITEM - CITY COMMISSION MEETING APRIL 13. 2004 SPECIAL EVENT REOUEST - HAITIAN FLAG DAY DATE: April 5, 2004 Action City Commission is requested to endorse the 5th Haitian Flag Day Celebration sponsored by Our Lady of Perpetual Help Catholic Church's Youth Group on May 23, 2004 from 2:00 p.m. until 8:30 p.m. Commission is requested to grant a temporary use permit per LDR's section 2.4.6(H) for use of Merritt Park, to authorize use and set up of large City stage, authorize staff support for security and trash removal and clean up. Background The Youth Group of Our Lady of Perpetual Help Catholic Church is planning a celebration for Haiti's Flag Day on May 23rd. Presentations, poems, entertainment and food booths will be staged in the park. The park would be used from approximately 2:00 p.m. until 8:30 p.m. The estimated overtime cost for the event is $1,400. Last years costs were approximately $1,350. Stage rental fee is $1,590. The stage can be set up and removed on regular time. This is not a new event. Attached is a permit request, an event budget and other information relating to the event. The event sponsor is requesting use of the large City stage as well as garbage containers and use of the restrooms and electricity. Per event policies there would be no charges for City services. Recommendation Staff recommends approval of the event, the temporary use permit, providing staff assistance for security, large stage set up and removal, trash removal and clean up. Approval would be contingent on the sponsor providing a hold harmless agreement and certificate of insurance. RAB/tas File:u:sweefley/events Doc:Memo to DTH re Haitian Flag Day 2004 City of Delray Beach Special Event Permit Application NN~merica C~ 2001 Event Date(s): H'~ / Event Time(s): Event Contac~Coordinator: Address: Telephone Number: E-marl Address. ~e~t~es~ptign/~u rpgse: Sponsor Category (please check) City [] Non-Profit/Charitable [] Private [] Co-Sponsor- Non-Profit/Private ~ (If Non-profit attach proof of 501c(3) or (d)) E¥,~nt Locati~on (Describe area b,oundaries of eve. znt/IocatiorO: ~1() r~,,T~'~v~',~ b_(> ~I.O ~'~ Site plan attached (Site plan required for entire event site) Event budget attached (Required for all events) yes no yes ~i no Serving or selling alcoholic beverages yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) 1 Event certificate of insurance attached yes '~ no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Pl~vinn nf ~rnnlifi~rl rm ~ir (Waiver required) Requesting Police assistance (traffic control/security) yes no Will supplement with private security (If yes, need plan attached) yes no ~r' Requesting Emergency Medical assistance yes Requesting barricade assistance yes ',~' no Requesting trash removal/clean up assistance yes Y/ no Requesting trash boxes and liners yes /~ no Requesting stage use yes, ~-~ no (If yes, check type) Large stage covered [] Large stage no cover i~Small stage [] Half small stage [] no % Requesting signage yes Type: Event sign Directional signs Banner hanging Indicate dates required (I/Vaiver required if more than one (1) week prior to event) Food and beverage vendors ~ / yes If yes, approximate number f ~" Health Department approval yes Other vendors yes Tents yes (If yes, tent permits and fire inspections maybe needed) no ~ no /~ Will the event include amusement rides yes no (If yes, type and location and copy of liability insurance required) Will the event be gated (Show on-site map) yes, no 2 Will there be fireworks or other pyrotechnics (If yes, contact Fire Marshall) Will there be cooking with compressed gas yes. no ~ yes no ~' Will you be providing port-a-lets for the event yes no (If yes, locate on-site map. If no, indicate how yod Will handle restroom needs) Will there be a charge for the event (If yes, indicate ticket prices) Is reserved parking requested (If yes, indicate locations) yes no '~ yes no ~ Event ContractorJGoordin. ator Please print: Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use O~ly j . i Date Received_~.. ~l.~(~ ¥ Application fee received $ lOC) '('~ Site map.__ Budget ~ Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage. Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 To: From: Date: The City of Delray Beach City Commission 110 NW 1st Street Delray Beach, Florida 33444 Nuance Seme 510 SW 8th Avenue Delray Beach, FL 33444 March 23,2004 Dear Commission Members: I am a member of "OUR LADY OF PERPETUAL HELP" Church. I have in recent years participated in the "Haitian Flag Day~ that the church usually holds every year. I always wanted to be a part of the festivities and now with the current position I hold in my youth group I can make things happen by voicing my opinion. In the way stands many obstacles for example as a college student like myself may not have an idea of what to do but, I have been told that if I need things done the right way I need the city to lead and I will execute whatever else that needs to be done. With your help again this year we look forward to make this event a huge success. The Haitian Community will celebrate Haitian Flag Day on Sunday May 23,2004. Would you please take into consideration on helping us by providing us with the following materials and overlooking the cost associated with obtaining these items. The use of Merritt Park on Sunday May 23,2004 From the hours of 2:00 p.m. to 8:30p.m The use of the city's large stage (placed where it was last year) The cardboard garbage containers with the plastic bag inserts Access to the electricity (lightning on the field in building housing the rest rooms Access to the rest rooms As with Last year celebration we will purchase a one million dollar insurance rider with the city of Delray Beach, listed as the beneficiary for liability purposes and deliver a copy of it to the appropriate officials before the event. We expect approximately 5,000 people to attend this year. I would also like to have each and every one of you to feel welcome in participating in this event. We would like for you to be Acknowledge so that the community recognizes how much effort you have put into this event. I am looking forward to hearing from you and hope that you assist us in this worthy cause. With Warm Regards, Nuance Seme For More Information Contact: Claire V. (561) 276-4880 HAITIAN FLAG DAY CELEBRATION EXPENSE REPORT MAY 23,2004 SPONSOR OF THE EVENT: GOD SEEKERS AT: OUR LADY OF PERPETUAL HELP CHURCH OTHER CONTACTS: 510 SW.8TH AVENUE DELRAY BEACH, FL 33444 PH:(561)276-4880 FAX (561)276-7036(MRS.CLAIRE V.) NUANCE SEME home ph:(561) 921-0673 WISNY SENATUS cell ph:(561)929-0271 FERN NEOSSAINT cell ph:(561)702-9815 UNIFORMS FOR ADULTS AND CHILDREN 100 Tee - Shirts Custom Made DANCING GIRLS 10 Girls uniforms ~ 75.00 each MARCHING BAND 20 band members FOOD FoodlDrinkslWaterllcelPaper Plates/Plastic Silverware Etc. Sound System Amplifiers Public Address System/Music $3500.00 $750.00 $800.00 $1,500.00 $500.00 TOTAL: $8550.00 INSURANCE 1,000,000.00 One time event insurance purchased by the Church with the City of Delray Beach as a beneficiary $600.00 FLAGS 12 Haitian Flags to carry in the parade $600.00 DECORATION Crepe Paper Blue/Red/Haitian Flags/Colored Poster Paper $300.00 MelllO To: David Harden, City Manager From: Lula Butler, Director, Community Improvement Date: Apdl 8, 2004 Re: Intarlocal Agreement/City & CRA for Consulting Services ITEM BEFORE THE COMMISSION: City Commission approval of the Interlocal Agreement between the Community Redevelopment Agency (CRA) and the City of Delray Beach providing for payment to the City in the amount of $18,000 for contracted consulting services with JEG Associates, Inc. BACKGROUND: The City has entered into a contract for services with Joe Gray of JEG Associates Inc. for his services associated with the implementation of the approved Southwest Neighborhood Plan. The contract amount included a contribution from the CRA in the amount of $18,000. This agreement will formally acknowledge the partnership and agreement between the CRA and the City, providing for payment to the City at the agreed upon amount. The CRA Board approved this agreement at their regular meeting of March 8, 2004. The agreement is attached for your reference. The contribution from the CRA is approved as a part of the budget associated with the 2-year grant from the MacAdhur Foundation. RECOMMENDATION: Staff is recommending approval of the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency providing for an $18,000 contribution associated with the contract for services with JEG Associates, Inc. LB:DQ Attachment INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE COMMUNITY REDEVELOPMENT AGENCY THIS INTERLOCAL AGREEMENT is made this day of ,2004 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("City') and the COMMUNITY REDEVELOPMENT AGENCY, a community redevelopment agency created pursuant to Fla. Statute, Chapter 163, ("CRA"). WITNESSETH: WHEREAS, the City and the CRA are committed to the economic development of the City of Delray Beach, which is enhanced by the development of neighborhood plans; and WHEREAS, the City has entered into an agreement with JEG Associates Inc. regarding the implementation of the Southwest Neighborhood Plan; and WHEREAS, the CRA shall provide payment to the City regarding the agreement between the City and JEG Associates, Inc., as set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Payments. The CRA shall pay to the City eighteen thousand dollars ($18,000.00) within seven (7) business days of the City's request for payment. This money shall be used by the City to help pay for the first year of services offered by JEG Associates, Inc.. 3. The CRA's contributions shall be used by the City to fund the payment to JEG Associates, Inc., regarding the items that JEG shall perform relating to the implementation of the Southwest Neighborhood Plan. (See Exhibit "A", Agreement between the City and JEG Associates, Inc.) 4. This Agreement shall not be effective until signed by the parties to this Agreeme~. 5. This Agreement constitutes the entire Agreement between the parties. To be effective, any modifications shall be in writing and signed by the parties, and signed by persons with authority to bind the parties. 6. Upon full execution of this Agreement, this Agreement (less attachments) shall be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jeff Periman, Mayor ~'~~A~p'Dr-°~ved as to Form:~ ~::~ ~tt0rney · Witnesses: Print Name: COMMI~II~rY RE DEVE LOP M E ~N-I'~G E NCY ~nt/Name: N~J,~-'~,,_,~ IF::~', ~,~ Title: ~c~,~ ~ u ' Print Name: STATE OF FLORIDA COUNTY OF _~;~2LQ,.~[~_ The foregoing instrument was acknowledged before me this ~27 day of d'~r~,,c~ ,2004 by f)~x.,Jc~.~:l F:It,,~,,~ ~ .~,7~. (name of officer or agent, title of officer or agent) of C)~ ~ ~ ~-~ ~¼ ¢ ~z ~ D (name of corporation acknowledging), a I~'~ c.~ ri c~,_, (state o'-r.~place of incorporation) corporation, on behalf of the corporation. (type of He/She ,is personally known to me or has produced identification) as identification. ~...~ary Public - State of Florida 2 herein. 2. CONSULTING AGREEMENT THIS AGREEMENT made this day of between the CITY OF DELRAY BEACH (hereinafter called City) a Florida Municipal corporation and JEG Associates Inc. (hereinafter called Consultant). WITNESSETH: WHEREAS, the parties desire to enter into an agreement to provide particular labor and employment services to the City; and, WltEREAS, the Consultant is experienced in providing the services required by this agreement; and, WHEREAS, the parties understand that the Consultant, as an independent contractor, will control the hours of work necessary to perform the services set forth herein; and, WHEREAS, the City will provide an office for the use of the Consultant only while the Consultant is performing services on-site; and, WHEREAS, the Consultant will provide all supplies necessa~' to provide the services contained herein without reimbursement; and, WHEREAS, the Consultant is engaged to perform the specific tasks contained herein. NOW, THEREFORE, in consideration of the covenants set forth herein, the parties agree as follows: Recitals. That recitals set forth above are hereby incorporated, as if fully set forth , 2004 by and Performance. The Consultant shall perform all services with the highest level of professional skill and competence and shall complete all services in an efficient and timely manner. 3. Duties. Consultant's duties are as follows: a.) Consultant shall provide the following services to the City: i) coordination of action items and continuity of involvement of residents and stakeholders as they relate to the implementation of the Southwest Neighborhood Plan, including, but not limited to the coordination of workshop meetings with residents and other stakeholders ii) developing and disseminating a newsletter and other communication pieces directed at keeping residents engaged in the implementation process; iii) coordinate with the City's Planning and Zoning Director to ', develop required amendments to the Land Development Regulations that would allow certain components of the Southwest Neighborhood Plan to move forward. The Consultant also agrees to perform and accomplish the required tasks within the timeframes outlined in Attachment "A" to this Agreement. b.) Additional services may be agreed upon, in writing, from time to time. 4. Term. This agreement shall commence on March 1, 2004 and shall expire one year from the date of execution of the agreement. ;l'his agreement may be terminated by either party by giving thirty (30) days written notice to the other. 5. Compensation. During the term of this agreement, the Consultant shall be paid a total amount of $66,500.00 in 12 equal monthly payments during the effective date of this agreement, payable upon Consultant's submission of an invoice to the City. If the agreement is terminated, the City shall only be responsible to compensate Consultant for fees billed up to the date of termination. The parties may extend this agreement beyond the one year term, however, in no event shall this agreement extend beyond December 31, 2005. If the City wishes to extend the agreement beyond the one year period it shall notify Consultant of its intent to extend the Agreement at least 30 days prior to the expiration of the initial one year period. The Consultant shall be responsible for continuing to perform all of the tasks as outlined in this agreement. The cost and expenses paid to Consultant for this time period shall be in the amount of $48,500.00 paid in equal installments over a 10 month period. 6. Relationship of the Parties. The parties intend that the Consultant, in perfomaing services specified in this agreement, shall act as an independent contractor and shall not be deemed an agent, legal representative, joint venturer, partner, employee or servant of the City of Delray Beach for any purpose. Consultant shall have sole control of the work and the manner which it is performed. Consultant shall be free to contract for similar services to be performed for other entities or persons while under contract with the City. Consultant is not entitled to participate in any pension plans or other benefits provided by the City. 7. Compliance with Law. Consultant shall comply with all applicable laws, rules and regulations, including, but not limited to applicable worker's compensation, employer liability, Fair Labor Standards Act, and other federal, state, county and municipal laws, ordinances, rules and regulations, as may be applicable.. 8. Taxes.. Consultant shall be responsible for all federal, state or local taxes of any kind which Consultant now or hereafter shall be liable for or required to pay either on its own behalf on behalf of his employees or on behalf of the City or otherwise, and shall pay all penalties and interest thereon. 9. Assignment. This agreement is a personal service contract. An assignment of the duties to be provided under this agreement shall require the prior written consent of the City. 10. Indemnification. Consultant shall indenmify, defend and save the City, its officers, employees and agents harmless from any and all taxes, penalties and interest, that is claimed to be due, and claims, liability, and causes of action arising out of the willful, intentional or negligent performance of the duties covered by this agreement by Consultant or his officers, agents or employees, and Consultant shall pay all claims and losses in connection with the performance &this contract, including taxes, interest and penalties including, but not limited to, all costs, judgments and attorney's fees at the trial or appellate levels. 11. Insurance. Consultant shall at his own expense, provide forms of insurance and amounts of insurance as may be required by the Risk Manager for the City. 12. Notices. Ail notices shall be effective when mailed at the following addresses: JEG Associates, Inc. City of Delray Beach David Harden, City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 13. Governing Law; Venue. This agreement ~hall be governed by the laws of the -State of Florida and venue shall be in Palm Beach County, Florida. 14. Non-Discrimination. Consultant shall not discriminate on the basis of age, religion, race, sex, marital status, or handicap in the performance of this Agreement. 15. Non-Exclusive. The provision of the 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. 16. Entire Agreement; Modifications. This agreement constitutes the entire agreement between the parties, and supersedes all previous discussions or previous writings between the parties. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding, unless in writing and duly executed by the parties. ATTEST: ~-,~City Clerk At~prl~ved as to..~rm: ~C,i~.~ Attorney Ferline Francois ( .T~pe or Print ~a,m.e) ndra W. Graham (Type or Print Name) STATE OF COUNTY OF CITY OF D)~ ,~Y ~EACI'I, FLORIDA By: (__~p f~ {~lman, Mayor / / ~'~(~l The foregoing instrument was acknowledged before me this ~T)~ day of D~/X/3~, 200z~, by~ ~C~. ~,'~'~ , ~s ~1 0~ (name of o~cer or agent, title of officer or ~gent), of ~ ~/ '~)'~ (name of co¢oration ac~owledging), a tVlu~t ~(~ttt.~ (state 6~place of incoCTration) co¢oration on behalf of the co¢oration. ~e/She is personally ~own to me or has produced (t~e of identification) as identification. ~a~e ofPersoh T~ing Ac~owle~ment ~ s~ t ~ Na~e Typed, Printed or Stamped 'd~ ~ ~maz ~ Title or Ra~ Serial Number, if any ATTACHMENT"A" SCOPEOFSERVICES JEG & Associates shall provide consulting services which shall include, but not be limited to, the following tasks and which shall be completed within the specified timeframes: Tasks Outcome Timeframe Resident/Staff Training Working knowledge of Plan, build 3 months Multiple Sessions consensus, define roles Coordination of workshop Enhance working knowledge of planning Annual sessions over 2- meeting with residents and process and develop implementation year grant other stakeholders (quarterly) strategies Provide outreach marketing Creation of quarterly newsletter, 2 months (on-going strategies to include thecommunity outreach strategies, meeting, activity) development and etc. dissemination of a quarterly newsletter directed at keeping residents engaged in the implementation process Community LandTrust Explore program, develop final decision 4months and recommendation *Resident/StakeholdersProject Define priorities, create incentives to On-going Implementation encourage private investments - - Annual Report Document success and processes usedOn-going * Anticipates these initiatives to be conducted annually over the two year grant period. Date: April 8, 2004 Agenda request to be placed on: Regular __ Special When: April 13, 2004 Description of Agenda Item: Agenda Item No. <~ ¢ AGENDA REQUEST Workshop X Consent Interlocal Agreement Between the City of Delray Beach and the Community Redevelopment Agency for Consulting Services Ordinance/Resolution Required: Yes / No Recommendation: Approval Department Head Signature: Draft Attached: Yes / No City Attomey Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No d~' Funding Alternatives: (if applicable) Account # & Description: ~ol. oooo - .~& -~*.1 q Account Balance: .~ ~to,~ e,~,~ ~ # I~,ooo City Manager Review: HAPolPjOl~netdil~or agenda:(~/No Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~(~ - REGULAR MEETING OF APRIL 13. 2004 FIREFIGHTER INVESTMENT & RESPONSE ENHANCEMENT ACT GRANT APRIL 9, 2004 This is before the City Commission to approve submitting an application for the Firefighter Investment and Response Enhancement (FIRE) Act Grant for assistance with the cost of overtime coverage to allow sixty (60) Hazardous Materials Technicians to attend several training courses. There is no cost associated with the courses. They are paid for by the Office of Domestic Preparedness. The courses are specifically designed to prepare ftrefighters in emergency response involving chemical, biological, radiological, nuclear or explosive devices (CBRNE). This is a 70%-30% matching grant with total funds requested of $287,280.00 and a City match of $86,184.00. If we receive the grant, the City match will be budgeted for next year. Funding is available from 001-2315-526-14.10 (Fire Operation/Overtime) Recommend approval of submitting an application for the Firefighter Investment and Response Enhancement (FIRE) Act Grant with a City match of $86,184.00. S:\City Clerk\agenda memos\FIRE Act Gmnt.04. t 3.04 [ITY OF DELliAY BEfl£H FIRE-RESCUE DEPARTMENT SERV,NCl DELRAY BEACH GULF STREAM HIGHLAND BEACH DELRAY BEACH Ali-America City IIMEMORAN 1993 2oo I FROM: DUM David T. Harden, City Manager Kerry B. Koen, Fire Chief DATE: April 2, 2004 SUBJECT: Fire Act Grant The Fire-Rescue Department plans to apply for a "Fire Act" Grant in the amount of $287,280. This grant will allow us to offset the cost of overtime while enabling coverage, at various times of the year, for sixty (60) Hazardous Materials Technicians to attend several Office of Domestic Preparedness courses. There is no cost associated with the courses as they are paid entirely by the Office of Domestic Preparedness. These courses are specifically designed to prepare Fire Fighters in emergency response to incidents involving chemical, biological, radiological, nuclear, or explosive devices (CBRNE). With this training the Delray Beach Fire-Rescue Department proposes to enhance the training and skill proficiency of its Hazardous Materials Team which benefits all residents of Palm Beach County as well as increases our efficiency on the Regional Response Hazardous Materials Team. I have attached an agenda request form for your approval along with a copy of the grant application. The City's matching grant portion would be $86,184.00. Thank you in advance for your consideration and support in this matter. Fire Chief KBK/tw cc: John Tomaszewski, Assistant Fire Chief Ellen P. Wickert, Administrative Officer FIRE-RESCUE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444-2555 (561) 243-7400. FAX (561) 243-7461 Printed on Recycled Paper Print Application Page 1 of 18 Overview Entire Application Are you a member, or are you currently involved in the management, of the fire department applying for this grant? Yes If you answered No, please complete the information below and click on the Save and Continue button. If you answered Yes, please do not complete the information requested below and click on the Save and Continue button. Note: If you answered No to the above question, the fields marked with an * are required. Preparer Information * Organization Name * Address 1 Address 2 ' city ' State ' Zip * Is there a grant-writing fee associated with the preparation of this request? If you answered yes above, what is the fee? https://p~rta~fema~g~v/~regrant/jsp/~re2~4/app~i~ati~n/print-appJsp?print-tr~e&app-numbe~TM 3/25/2004 Print Application ~=ata~t Information Page 2 of 18 * Title Prefix · First Name Middle Initial * Last Name * Business Phone *Home Phone Mobile Phone/Pager Fax *Email * Title Prefix * First Name Middle Initial · Last Name * Business Phone *Home Phone Mobile Phone/Pager Fax *Email Alternate Contact Information Number 1 Assistant Chief Mr. John W Temaszewski 561-243-7487 Ext. 561-735-0924 Ext. 561441-3017 561-243-7461 tomaszewski@ci.delrey-beach.fi.us Alternate Contact Information Number 2 Division Chief Mr. Robert B Moreland 561-243-7440 Ext. 561-694-8100 Ext. 561-441-3019 561-243-7461 moreland@ci.delrey-beach.fi.us https://p~rta~~fema~g~v/~regrant/jsp/~re2~~4/app~icati~n/print-appJsp?print=tme&app-number= 3/25/2004 Print ApplicaQon Al~pi[cant Information Page 3 of 18 * Applicant Name * Type of Applicant if other, please enter the type of Applicant * Employer Identification Number * Does your organization have a DUNS Number? If yes, please enter the DUNS Number Headquarters Physical Address * Physical Address 1 Physical Address 2 * city * State * Zip Mailing Address * Mailing Address 1 Mailing Address 2 * City * State * Zip Account Information * Type of bank account * Bank routing number - 9 dig~ number on the bottom left hand corner of your check *Your account number Additional Information * For this fiscal year (Federal) is your jurisdiction receiving Federal funding from any other grant program that may duplicate the purpose and/or scope of this grant request? * If awarded this grant, will your jurisdiction expend greater than $300,000 in Federal share funds during the Federal fiscal year in which the grant was awarded? * Is the applicant delinquent on any federal debt? If you answered yes to any of the additional questions above, please provide an explanation in the space provided below: Delray Beach Fire-Rescue Department c~ty 59-6000308 Yes 077283737 501 West Atlantic Avenue Delray Beach Florida 33444 - 2555 Need help for ZIP+4? 501 West Atlantic Avenue Delray Beach Florida 33444 - 2555 Need help for ZIP+4? Checking 063100277 1450001018 No No No https://portal, fema.gov/firegrant/j sp/fire2OO4/application/print_app.j sp?print-t~ ue&app_number= 3/25/2004 Print Application De'pa*rtment Characteristics (Part I) Page 4 of 18 * Are you a member of a Fire Department or authorized Yes representative of a fire department? * Are you a member of Federal Fire Department or contracted by the Federal government and solely No responsible for suppression of fires on Federal property? * What kind of Department do you represent? All Paid/Career If you answered combination, above, what is the percentage of career firefighters in your department? % * What is the square mileage of your primary response 17 area? * What percentage of your response area is protected by 100 % hydrants? * Does your department protect critical infrastructure of the Yes State? * How much of your jurisdiction's land use is for agriculture, wild land, open space, or undeveloped 1% properties? * What percentage of your jurisdiction's land use is for 22 % commercial, industrial, or institutional purposes? * What percentage of your jurisdiction's land is used for 77 % residential purposes? * How many commercial, industrial, residential, or institutional structures in your jurisdiction are more than 137 four stories tall? * What is the permanent resident population of your 67292 Primary/First Due Response Area or iurisdiction served? * How many active flrefighters does the department have 133 who perform firefighting duties? * How many personnel provide only EMS service delivery? 0 * How many stations are in your department? 6 * Do you currently report to the National Fire Incident Yes Reporting System (NFIRS)? If you answered yes above, please enter your FDIN/FDID 06172 * What services does your department provide? Structural Fire Suppression Wildland Fire Suppression Medical First Response Basic Life Support Advanced Life Support Hazmat Operational Level Hazmat Technical Level Rescue Operational Level Rescue Technical Level https://portal, fema.gov/firegrant/j sp/fire2004/application/print_app j sp?print=tme&app_number= 3/25/2004 Print Application DeP;irtment Characteristics (Part II) Page 5 of 18 * What is the total number of fire-related civilian fatalities in your 1 jurisdiction over the last three years? * What is the total number of fire-related civilian injuries in your 14 jurisdiction over the last three years? * What is the total number of fire-related firefighter fatalities in your 0 jurisdiction over the last three years? * What is the total number of fire-related firefighter injuries in your 13 jurisdiction over the last three years? * In an average year, how many times does your department receive 15 mutual/automatic aid? * In an average year, how many times does your department provide 16 mutual/automatic aid? What was your department s estimated average annual operating 13404783 budget over the last three years? * What percentage of your annual operating budget is dedicated to 84 % personnel costs (salary, overtime and fringe benefits)? * What percentage of your annual operating budget is derived from: Enter numbers only, percentages must sum up to 100% Taxes? 75 % Grants? 1% Donations? 1% Fund drives? 0% Other? 23 % Approximately 23% of the operating budget is If you entered a value into Other field (other than 0), please explain derived from contracting services to smaller surrounding communities, EMS transport fees, and other revenues. *How many vehicles does your department have in each of the categories below? Enter numbers only and enter 0 if you do not have any of the vehicles below Total Number a. Engines (or pumpers): Pumper, Pumper/Tanker, Rescue/Pumper, Foam Pumper, CAFS Pumper, Quint (Aerial 7 device of less than 76 feet), Fire Boats (more than 13 feet long), Type I, Type II, Type III Engine b. Aerial Apparatus: Aedal Ladder Truck. Telescoping. Articulating, Ladder Towers, Platform, Tiller Ladder 3 Truck, Quint (Aerial device of 76 feet or greater) c. Tankers: Tanker, Tender, Tanker/Pumper (Pumper with a tank that has a greater than 1,200 gallon capacity), Foam Tanker/Tender (greater than 1.200 gallon tank capacity) d. Rescue Vehicles: 0 Rescue Squad, Rescue (Light, Medium. Heavy). Technical Rescue Vehicle e. Brush/Quick attack: Brush Truck, Patrol Unit (Pick up w/Skid Unit), Quick Attack Unit. Mini-Pumper, Type IV Engine f. Other: EMS Transport Unit. EMS Chase Vehicle, Air/Light Unit. Rehab Units, Hazardous Materials Unit. Bomb Unit, Technical Support (Command. Operational Support/Supply). Hose Tender, Salvage Truck. ARFF (Aircraft Rescue Firefighting), Command/Mobile 9 https:#portaL fema.gov/firegrant/j sp/fire2004/application/print_app j sp?print=-true&app_number= 3/25/2004 Print Application Page 6 of 18 Cor~unications Vehicle, Other Vehicle Provide in the space below the following information only if you are applying for a firefighting vehicle: List all your vehicles by type (for example, engines/pumpers, brush, rescue, etc.). Then provide the year each was manufactured. If the department has more than two of any type, provide the total number of vehicles in that category and the years the oldest and the newest were manufactured. https://po~tal.fema.gov/firegrant/j sp/fire2004/application/print_app.j sp?print=tme&app_nUmber= 3/25/2004 Print Application Del~;~rtment Call Volume Page 7 of 18 * How many responses per year by category? (Enter whole numbers only: If you have no calls for any of the categories, enter O) Structure Fires 50 Vehicle Fires 70 Vegetation Fires 47 EMS 8944 Rescue 112 Hazardous Condition/Materials Calls 260 Service Calls 478 Good Intent Calls/False Alarms 908 Other Calls and Incidents 53 https://portal, fema.gov/firegranffj sp/fire2004/application/print__app.j sp?print=-true&app_number= 3/25/2004 Print Application Re~est Information Page 8 of 18 * 1. Select a program for which you are applying. Remember, you can only apply for one program this year. You can apply for as many activities within a program as you need. (If you modify your selection, you will lose data entered under the odginal activity.) Program Name Operations and Firsflghtar Safety ' 2. Will this grant benefit more than one department? Yes If you answered Yes to Question 2 above, please explain. (You can only enter 4000 characters) We have formal mutual aid agreements with the cities of Boca Raton and Boynton Beach as well as unincorporated Palm Beach County, and provide assistance to their fire departments on a regular basis. We also have countywide and statewide mutual aid agreements that would benefit from this program. Request Details The activities for program Operations and Firefighter Safety are listed in the table below. Activity Number of Entries Total Cost Equipment 0 $ 0 Modify Facilities 0 $ 0 Personal Protective Equipment 0 $ 0 Training 1 $ 287,280 Wellness and Fitness Programs 0 $ 0 Additional Funding Training Program Training Details '1. Which of the following most closely describes your requested program? Live Agent Please provide further description of the item selected above or If you selected other above, please specify. Chemical Agent Training - Anniston, Alabama Biological Agent Training - Dugway, Utah Explosive Ordinance Training - Socorro, New Mexico Radiological Training - Bechtel, Nevada *2. Generally, this program can best be categorized as (select one): Training that is instructor-led, hands-on, and leads to a nationally sanctioned or State certification $0 $0 $0 $0 $0 If you answered other above, please specify. *3. What percentage of applicable pemonnel will be trained by 50 % this program? *4. Generally, the training program provided under this grant: Will bring the department into voluntary compliance with a 29 CFR 1910.120 national standard, specifically: https://p~rta~fema~g~v/~regrant/jsp/~re2~4/app~icati~n/print-app~jsp?print-h~&app-numbe~= 3/25/2004 Print Application '5. Will this training enhance multi-jurisdictional capability? Yes Page 9 of 18 Budget Item *Item Please provide further description of the item selected above or If you selected other above, please specify. Select Object Class If you selected "Other" above, please specify: * Number of un[ts * Cost per unit Hazmat Overtime coverage for sixty (60) current HazMat Technicians to attend identified CBRNE coumes. Personnel 1 (Whole numberonly) $ 287280 (Whole dollar amounts only) Budget Budget Object Class a. Personnel b. Fringe Benefits c. Travel d. Equipment e. Supplies f. Contractual g. Construction h. Other i. Indirect Charges Indirect Cost Details Agency Indirect Cost Agreement with 10_di_r.e.. ¢;t..~ost Rate Agreement Summary Federal and Applicant Share Federal Share Applicant Share Federal Rate Sharing (%) Non-Federal Resources (The combined Non-Federal Resources must equal the Applicant Share of $ 86,'~84) a. Applicant b. State $ 287,280 $0 $0 $0 $0 $0 $0 $0 $0 $ 201,096 $ 86,184 70/30 $ 86184 $o https://portal, fema. gov/firegrant/j sp/fire2OO4/application/print_app.j sp?print-tr ue&app__number= 3/25/2004 Print Application Page 10 of 18 c~ Local $ 0 d. Other Sources $ 0 If you entered a value in Other Sources, include your explanation below. You can use this space to provide information on the project, cost share match. Total Budget $ 287,280 https ://portal.fema.gov/firegrant/j sp/fire2OO4/application/print_app d sp?print-tt ae&app_number= 3/25/2004 Prim Application Narrative Statement Page 11 ofl8 Project Description * Please provide your narrative statement in the space provided below (1) Project Description, (2) Financial Need, and (3) Cost-Benefit of Request: Project Description: The Delray Beach Fire-Rescue Department proposes to enhance the training, live agent experience, and skill proficiency of the sixty (60) Hazardous Materials Technicians currently certified and assuming responsibility for hazardous materials emergency response. Delray Beach Fire-Rescue is one of four (4) teams that provide regional response to hazardous materials incidents in Palm Beach County, Florida. Palm Beach County is one of the largest counties in the eastern continental United States and has a population over one million. In 2002, Delray Beach Fire-Rescue was selected to become a Domestic Security Response Team by the State of Florida, Department of Community Affairs. Through a formal agreement, these Domestic Secudty Response Teams are tasked with emergency response and management of incidents involving chemical, biological, radiological, nuclear, or explosive devises (CBRNE). There is a significant amount of training required to become sufficiently proficient in the safe mitigation of incidents involving CBRNE and this project will greatly improve our capability. Use of Grant Funds: Delray Beach Fire-Rescue requests grant funds to assist with the cost of overtime coverage for sixty (60) Hazardous Materials Technicians to attend several Office of Domestic Preparedness courses. These courses are specifically designed to prepare firefighters in emergency response to CBRNE incidents. The courses are paid for entirely by the Office of Domestic Preparedness. The classes were developed to provide training and experience in the different types of CBRNE incidents. 1. Anniston, Alabama: Chemical Warfare Agent Training 2. Socorro, New Mexico: Terrorist Explosive Ordinance Training 3. Bechtel, Nevada: Radiological Warfare Agent Training 4. Dugway, Utah: Biological Warfare Agent Training The training would directly improve the preparedness and proficiency of the Delray Beach Fire-Rescue Hazardous Materials Technicians in response to a CBRNE event. The total Training Program cost is $287,280.00. Benefits to Community/Department: Delray Beach is an urban community in Palm Beach County on the east coast of Flodda with a population of approximately 70,000 residents. The training requested for our technicians would not only benefit the residents of Delray Beach directly. Training our Hazardous Materials Technicians to expert proficiency on emergency response to a CBRNE incident, benefits all of Palm Beach County; in our role as a Regional Response Hazardous Materials Team. The benefits continue to increase by preparing our Hazardous Materials Technicians in their role as one of only twenty-nine (29) Domestic Security Response Teams in the State of Florida. Need for Funding: The funding required for overtime coverage significantly impacts the entire Delray Beach Fire-Rescue annual overtime budget. Solely funding coverage for this training would inadequately allow for coverage for the annual overtime needs of the Delray Beach Fire-Rescue Department. The current rate of allowable overtime coverage for our Hazardous Materials Technicians to attend these vital training courses would substantially delay the level of preparedness demanded to proficiently perform during incidents involving CBRNE. Dedicating our entire overtime coverage budget to this project would require unacceptable understating of the daily emergency operations response of the Delray Beach Fire-Rescue Department. Additional Relevant Information: It has been well documented and confirmed that a majority of the terrorists involved in the World Trade Center attack on September 11,2001 lived and trained in Delray Beach. In October 2001, the deliberate release of anthrax spores at the AMI building in Boca Raton; resulted in one of the nations first fatalities from exposure to a biological agent. Hundreds of https ://portal. fema.gov/firegrant/j sp/fire2004/application/print_app j sp?print-tme&app_numberTM 3/25/2004 Print Application Page 12 of 18 employees and residents were treated for exposure. Boca Raton is the neighboring community that borders the southern boundary of Delray Beach. Delray Beach Fire-Rescue Department responded to an additional 300 unknown substance incidents in the fall of 2001, directly related to the anthrax release, The cultural, ethnic, and religious diversity of South Florida substantially escalates its potential as a terrorist target. Palm Beach County and specifically the City of Delray Beach are home to one of the largest Jewish and Haitian population centers in the United States. Multiple reports and soumes confirm that industrial chemicals pose one of the FBI's gravest concerns as a domestic weapon of mass destruction. Two major rail lines carrying both passenger and freight including a significant number of hazardous materials run north and south directly through the center of Delray Beach. The Atlantic Intra-coastal Waterway and 1-95 also bisect the city and pose challenging problems related to potential hazardous materials incidents and infrastructure protection. Delray Beach continues to be a real target for a CBRNE incident. Contained within our response area for incidents involving CBRNE are the Port of Palm Beach and five airports including Palm Beach International Airport and the crop dusting services where some of the September 11th terrorists sought information. We feel that Delray Beach Fire-Rescue is the type of fire department that the Fire Act was established to assist. The need to become proficient and expert in our response to a CBRNE incident is paramount for the protection and safety of the residents of South Florida and our own safety as first responders. The demands on our department are increasing disproportionately to our tax revenues and we have done everything in our power to generate other sources of income. We appreciate your support and would like to express our gratitude for the opportunities the grant program provides. * Please describe any grants that you currently have with DHS including the AFG, for example, 2002 AFG grant for vehicle or 2003 ODP grant for exercises. Enter "N/A" if Not Applicable) N/A https://portal.fema.gov/firegrant/j sp/fire2OO4/application/print_app.j sp?print=tnae&app_number= 3/25/2004 Print Application Ass,~rances and Certifications Page 13 of 18 Form20-16A You must read and sign these assurances by providing your password and checking the box at the bottom of this page. Note: Fields marked with an * are required. Assurances Non-Construction Programs Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.$.C. Sections 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.$.C. 290-dd-3 and 290-ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or https://portal.fema.gov/ftregrant/j sp/fire2OO4/application/print_app j sp?print-b ae&app_number= 3/25/2004 Print Application Page 14 of 18 in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. Sections 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for Federally assisted construction sub agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of t972 (16 U.S.C. Section 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related to protecting components er potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of histodc properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in rasearch, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable raquiraments of all other Federal laws, executive orders, regulations and policies governing this program, 19. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. Signed by John Tomaszewski on 03/19/2004 https://portal.fema.gov/firegrant/j sp/fire2004/application/print_app j sp?print=tme&app_number= 3/25/2004 Print Application Forn~ 20-16C Page 15 of 18 You must read and sign those assurances by providing your password and checking the box at the bottom of this page. Note: Fields marked with an * are required. Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibily Matters and Drug-Free Workplace Requirements. Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 28 CFR Part 17, "Government-wide Debarment and Suspension (Non-procurement) and Government- wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Homeland Security (DHS) determines to award the covered transaction, grant, or cooperative agreement. 1. Lobbying A. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons(entering) into a grant or cooperative agreement over $100,000, as defined at 44CFR Part 18, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement and extension, continuation, renewal amendment or modification of any Federal grant or cooperative agreement, (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all the sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements and sub contract(s)) and that all sub recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A, the applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or perform a public (Federal, State. or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification: and (d) have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. https://p~rta~~fema~g~v/~regrant/jsp/~re2~~4/app~icati~n/print-app.jsp?print-tme&app-numb~rTM 3/25/2004 Print Application Page 16 of 18 3. Drug-Free Workplace (Grantees other than individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.620: (A) The applicant certifies that it will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantees policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable DHS awarding office, i.e. regional office or DHS office. (f) Taking one of the following actions, against such an employee, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enfomement or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). (8) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance Street City State Zip Action If your place of performance Is different from the physical address provided by you In the Applicant Information, click on Add Place of Performance button above to ensure that the correct place of performance has been https://portal, fema.gov/firegrant/j sp/fire2004/application/print_app j sp?print-tt ue&app_number= 3/25/2004 Prim Application Page 17 of 18 ,specified. You can add multiple addresses by repeating this process multiple times. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for DHS funding. States and State agencies may elect to use a Statewide certification. Signed by John Tomaszewski on 03/19/2004 https://p~rta~.fema~g~v/~regrant/jsp/~re2~4/app~i~ati~n/print-app.jsp?print~tme&app-number= 3/25/2004 Print Application FEM~A Standard Form LLL Page 18 of 18 Only complete if applying for a grant for more than $100,000 and have lobbying activities. See Form 20-16C for lobbying activities definition. This form is not applicable https://p~rta~fema~g~v/~regrant/jsp/~re2~4/app~icati~n/print-appJsp?print-tme&app-number= 3/25/2004 Date:. 4/01/2004 AGENDA ITEM NUMBER: Request to be placed on: __ Consent Agenda When: 04/13/2004 AGENDA REQUEST X Regular Agenda Description of agenda item (who, what, where, how much): __WorkshopAgenda The Fire-Rescue Department plans to apply for a "Fire Act" Grant in the amount of $287,280 to assist with the cost of overtime coverage for (60) Hazardous Materials Techmcians to attend several training courses. This grant is a 70%-30% program with the Federal share b(mg $201,096 and the City's matching share beingS86,184. Recommend approval of grant application with matching municipal funds. __ Special Agenda Depafinient HeadSignature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Y~es / No Initials: ~ go/~' ,~,~! 5 - .~,Z&- IV, IQ Funding Available: Account Nmnber Description Account Balance: Funding Alternatives: City Manager Review: (if applicable) Approved for Agenda: Yes/ No Initials: Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # '~-- - REGULAR MEETING APRIL 13. 2004 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: APRIL 9, 2004 Attached is the Report of Appealable Land Use Items for the period March 15, 2004 through April 9, 2004. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\Cky Clerk\agend~ memo~\ apagmem~04.13.04 TO: THRU: FROM: SUBJECT: D~~Y MANAGER /d~MIN ALLEN, PLANN MEETING OF APRIL 13, 2004 *CONSENTAGENDA* REPORT OF APPEALABLE LAND USE ITEMS MARCH 15, 2004 THRU APRIL 9, 2004 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of March 15, 2004 through April 9, 2004. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Recommended approval (5 to 0, Diane Borchardt and Jill Woehlkens absent), of a conditional use request to allow the expansion of the Community Primitive Baptist Church, located between NW 10th Avenue and NW 11th Avenue, approximately 250 feet north of West Atlantic Avenue. · Recommended approval (4 to 0, Joseph Pike stepped down), of the initiation of Comprehensive Plan Amendment 2004-2. City Commission Documentation Appealable Items Meeting of April 13, 2004 Page 2 No appealable items were considered by the Board. The following item which was considered by the Board will be forwarded to the City Commission for action. Recommended approval (5 to 0, Jill Woehlkens and Charles Walker absent), of an amendment to the Land Development Regulations to provide design guidelines to implement the Downtown Delray Beach Master Plan. A. Approved with conditions (4 to 0, Mayer Abbo, Nancy Stewart and Dan Carter absent), a master sign program and color change to the proposed vinyl and Iouvered awnings for Congress Commerce Center, located at the southeast corner of Lake Ida Road and Congress Avenue (601 North Congress Avenue). B. Approved (4 to 0), a request for a color change for Summit Delray, an existing multiple family development located west of Homewood Boulevard, between Linton Boulevard and Old Germantown Road (1805 Palm Cove Boulevard). C. Approved with conditions (4 to 0), a request for a color change for Hogue Sunoco, located at the northeast corner of North Federal Highway and George Bush Boulevard (801 North Federal Highway). D. Approved (4 to 0), a Class I site plan modification for architectural elevation changes to the previously approved Delray Beach Public Library, located on the south side of West Atlantic Avenue, between SW 1st Avenue and SW 2nd Avenue. E. Denied ( 4 to 0), a Class I site plan modification associated with elevation changes for 202 NE 6th Avenue an existing commercial building, located at the northwest corner of NE 6th Avenue (northbound Federal Highway) and NE 2nd Street. F. Approved with conditions (4 to 0), a Class III site plan modification, landscape plan and architectural elevations associated with the construction of a 1,818 square foot service bay addition for Morse Kia, an existing automobile dealership, located on the west side of South Federal Highway, 280 feet south of La Mat Avenue. Concurrently, the Board approved a waiver request to allow the proposed service facilities with overhead doors to be oriented towards Old Dixie Highway. G. Approved (4 to 0), a Class V site plan, landscape plan and architectural elevation plan for Gray Plaza, a proposed 2,950 square foot retail building, located on the east side of SW 5th Avenue, approximately 50 feet north of SW 1st Street. 1. Approved (4 to 0, Francisco Perez-Azua, James Keavney and Randy Schatz absent), a Certificate of Appropriateness associated with the construction of a single family residence on a vacant lot for the O'Neal Property - 914 NE 2nd Avenue, located on the west side of NE 2nd th Avenue, north of NE 9 Street. City Commission Documentation Appealable Items Meeting of April 13, 2004 Page 3 2. Approved (4 to 0), a Certificate of Appropriateness associated with the installation of removable storm panels on a non-contributing dwelling for the Schwartz Residence - 609 NE 3rd Avenue, located on the east side of NE 3rd Avenue, north of NE 6th Street. Tabled with direction (4 to o Francisco Perez-Azua, John Miller absent), a request for a Certificate of Appropriateness associated with the construction of a duplex residential structure for the Ferrara Residence, located on the west side of NE 1st Avenue, south of NE 2nd Street (136 NE 1St Avenue). The Board tabled the item and requested that additional architectural details be provided. Concurrently, the Board approved a variance reducing the front yard setback from 25 feet to 20 feet. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - APRIL 13, 2004 L-38 C,~NAL S.P.R.A.B, A. CONGRESS COMMERCE CENTER B. SUMMITDELRAY C. HOGUE SUNOCO D. DELRAY BEACH PUBLIC LIBRAR¥ E. 202NE6THAVE F. MORSE KIA G. GRAYPLAZA H.P.B. 1. g14 NE 2ND AVENUE 2. SCHWARTZ RESIDENCE 3. FERRARA RESIDENCE LINTON ONE MILE TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ S - REGULAR MEETING OF APRIL 13. 2004 AWARD OF BIDS AND CONTRACTS DATE: APRIL 9, 2004 This is before the City Commission to approve the award of the following bids: Bid award to Rust Off, Inc. in the mount of $25,600.00 for anti-mst chemicals for the city irrigation system. Funding is available from 119-4144-572-46.40 (Beautification Trust Fund/Maintenance). Bid award to Custom Property Services, Inc. at an estimated annual cost of $17,063.00 for the landscape maintenance of South Federal Highway and Congress Avenue. Funding is available from 119-4144-572-46.40 (Beautification Trust Fund/Maintenance). Bid award to multiple vendors at an estimated annual cost of $50,325.64 via the City of West Palm Beach Co-op Bid #02/03-20 for the purchase of liquid chlorine and calcium hypochlorite. Funding is available from 441-5122-536-52.21 and 441- 5144-536-52.21. (Water/Sewer Fund/Chemicals). Contract award to Ferguson Enterprises, Inc. in the amount of $65,342.37 for pipe material purchase for water main improvements on N.W. 11th Avenue and Lake Eden. Funding is available from 442-5178-536-65.74 (Water and Sewer/Renewal/Replacement/N.W. 10th Avenue/N.W. 1 lth Avenue). Purchase award to Kuhn Carpet and Tile in the amount of $18,692.37 via the Florida State Contract #360-240-001 for replacement flooring (porcelain tile) for the Police Department. Funding is available from 334-6112-519-46.10 (General Construction Fund/Building Maintenance). Recommend approval of the above bids and purchases. S:\City Clerk\agenda memo\Bid Memo.04.13.04 MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jacklyn Rooney, Purchasing Manager Joseph Saffor~ce Director March 22, 2004 DOCUMENTATION - CITY COMMISSION MEETING APRIL 13, 2004 - BID AWARD - BID #2004-20 ANTI-RUST CHEMICALS IN CITY IRRIGATION SYSTEM Item Before Commission: City Commission is requested to approve the bid award to low bidder, Rust Off Inc., for Anti Rust Chemicals in City Irrigation System for an estimated annual cost of $25,600. Background: One bid was received on February 18, 2004 from one (1) contractor all in accordance with City purchasing procedures. (Bid #2004-20. Documentation on file in the Purchasing Office.) See attached memo dated February 27, 2004 to Parks Superintendent from Purchasing. The Director of Parks and Recreation and the Park Maintenance Superintendent recommend award to Rust Off Inc. per attached memo dated March 04, 2004. Rust Off Inc. is our current vendor who currently has this contract and their unit price of $1.95 per gallon has remained the same since the bid award in 1996. Recommendation: Staff recommends award to low bidder, Rust Off Inc., for Anti Rust Chemicals in City Irrigation System for an estimated annual cost of $25,600. Funding from account code #119-4144-572- 46.40 - Beautification Trust Fund, Repair & Maintenance Services, Beautification Maintenance. Attachments: Memo from Purchasing Memo from Director of Parks and Recreation [ITY DF I]ELRRY BERgH DELRAY BEACH AII-Amedca City 1993 100 N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444.561/243-7000 TO: Jackie Roon~ey, Pu/~hasing Supervisor THROUGH: Joe Weldon,[jDii'ector of Parks and Recreation FROI~Tim Simmons, Parks Superintendent DATE: March 4, 2004 SUBJECT: Bid 2004-20- Anti-Rust Chemicals Our contract for anti-rust chemicals in the City's irrigation system expires on May 8, 2004. The bid for this contract opened February18, 2004, and Pumhasing only received one bid. The bid was received from Rust-Off Inc. at $1.95 per gallon. They are our current vendor and the pdce per gallon remained the same. Therefore, I am recommending that the contract be awarded to Rust-Off Inc. Account #119-4144-572-46.40. TS/sb THE EFFORT ALWAYS MATTERS MEMO [ITY OF I]ELA IY PURCHASING DIVISION TO: Tim Simmons, Parks Superintendent FROM: Jackie Rooney, Purchasing Manage~-c-- Joseph Safford, ~e Director THROUGH: SUBJECT: Bid #2004-20 Anti-Rust Chemicals in City Irrigation System Annual Contract DATE: February 27, 2004 Bid #2004-20, Anti-Rust Chemicals in City Irrigation System, opened on Wednesday, February 18, 2004 at 3:00 P.M. Only one bid was received by Rust-Off Inc. at $1.95 per gallon. They are our current vendor per Bid #2001-16, which expires on May 08,. 2004. Their bid price remains at the same price of $1.95 per gallon. Purchasing also received two "No-Bid" responses. One response was "Our product schedule would not permit us to perform" and the other response was '~Ve do not offer this product or an equivalent". Please review attached the copy of the bid received by Rust-Off Inc. and forward your recommendations. Our estimated annual cost was $25,600 from our last bid award to Rust-Off. If you have any questions, you may contact me at ext. 7163. Attachments Cc: Joe Weldon, Director of Parks and Recreation AGENDA REQUEST Request to be placed on: April 13, 2004 Date: March 22, 2004 XX Consent Agenda __ Special Agenda __ Workshop Agenda Description of agenda item: Approve award of Bid #2004-20 to Rust Off, Inc. for the annual contract for Anti Rust Chemicals in City Irrigation System at an estimated annual cost of $25,600. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve award to Rust Off, Inc. for the annual contract for Anti-Rust Chemicals in City Irrigation System at an estimated annual cost of $25,600. Funding from account code 119-4144-572-46.40 - Beautification Trust Fund, Repair & Maintenance Services, Beautification Maintenance. Department Head Signature:(~~ - ~'"~.~ Determination of Consistency wil~omprehensive Plan: ~' City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all itemsI involving expenditure of funds): '~' O Funding available: Yes ~-~ I'L~ ~qt Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda~ Hold Until: Agenda Coordinator Review: Received: Action: Approved No Disapproved (if applicable) £1T¥ I)F DELRR¥ BE;iCH DELRAY BEACH AIl-AmedcaCity 1993 2001 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444· 561/2~"-7~ ~ MEMORANDUM TO: Jackie Rooney Purchasing Supervisor FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Bid #2004-16 - South Federal Highway and Congress Avenue DATE: March 12, 2004 I recommend Bid #2004-16 be awarded to the lowest bidder, Custom Property Services. They have worked for the City in the past and we did not renew their contract due to a decline in their services. Tim Simmons has spoken to the owner, Warren Kowalsky, who has assured Mr. Simmons that the mistakes of the past have been corrected. I am recommending Custom Property Services with the understanding that they will be aggressively monitored during their 90 day probation period. Please place this on the April 13, consideration. The amount is $17,063; $119-4144-572-46.40. 2004 agenda for City Commission this will be funded out of account or of Parks and Recreation cc:~avid Marden City Manager Tim Simmons Parks Superintendent Attachment Ref: j rbidrec THE EFFORT ALWAYS MATTERS ~ ('~' ~ rlT¥ I)F OEBIR¥ BERrH DELRAY BEACH AII41medcaClty 1993 TO: 100 N.W. 1st AVENUE. DELRA¥ BEACH, FLORIDA 33444 · 561/243~7~ Jackie Rooney, Purchasing Supervisor THROUGH: Joe Weldon, Director of Parks and Recreation Tim Simmons, Park Maintenance Superintendent DATE: 3/4/04 SUBJECT: CO~HRACT BID'S #2004-16 and 2004-15 Custom Property Services is the low bid for both of these contracts. They have worked for the City in the past and we did not renew their contract with us due to a decline in there services. I have spoken with Warren Kowalsky the president of the company about my concerns, he has stated to me he realizes the mistakes in the past but has assured me they have been corrected. With this letter ! am recommending they be awarded these contracts and we will monitor them ~gressively during the 90 day probation to ensure the services we request are performed. THE EFFORT ALWAYS MATTERS Date: ~arch 12, 2004 AGENDA ITEM NUMBER:~-' AGENDA REQUEST Request to be placed on: Consent Agenda x Regular Agenda Workshop Agenda Special Agenda When: April 13, 2004 Description of Agenda Item (who, what, where, how much): Request awarding Bid #2004-16 to low bidder, Custom Property Services for landscape maintenance of South Federal Highway and Congress Avenue. The amount of the contract is $17,,063. This will be funded out of account #119-4144-572-46.40. D.epartment Head~.~ ( .~ ~_.~ / Signature: ( I'~~ -~ ~ v . City Attorney ReView/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~.~/No Initials: Account Number //4- ~/~/~- 5q.~ Description ~ , c ~,~.ffz~o~L - Account B~ance: ~ /~ ~ Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:~/No Initials: Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jacklyn Rooney, Purchasing Manager Joseph Safford, ~ Director March 26, 2004 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING APRIL 13, 2004 - RENEWAL OF BID AWARD BID #02/03-20 - CITY OF WEST PALM BEACH CO-OP BID FOR LIQUID CHLORINE AND CALCIUM HYPOCHLORITE Item Before Commission: The City Commission is requested to approve the contract renewal for the purchase of liquid chlorine and calcium hypochlorite to multiple vendors at an estimated annual cost of $50,325.64 for the City of Delray Beach via the City of West Palm Beach Co-op Bid #02/03-20. Background: The City of West Palm Beach is the lead agency for this Palm Beach Cotmty Cooperative Bid. The original contract was awarded by City of West Palm Beach on February 14, 2003. The Delray Beach City Commission approved this award at the March 13, 2003 Commission Agenda. The City of West Palm Beach renewed this Co-op bid award for an additional year with the expiration date of March 31, 2005 to Jones Chemicals Inc. for the purchase of liquid chlorine ~ $319.00 per ton and to Allied Universal Corporation for the purchase of calcium hypochlorite @86.00 per 100 lb. dram. See attached signed City of West Palm Beach renewal letters to vendors dated March 2, 2004. Attached is the City of Delray Beach breakdown of estimated annual usage for each chemical required and the account code for each department participating in this Co-op Bid. Recommendation: Staff recommends the one (1) year renewal with Jones Chemicals Inc. for pumhase of liquid chlorine and to Allied Universal Corporation for the purchase of calcium hypochlorite for the total estimated annual cost of $50,325.64. Funding from account code 441-5122-536-52.21 for $50,270.60 and 441-5144-536-52.21 for $55.04. Attachments: Memo from City of West Palm Beach City of Delray Beach Breakdown Renewal Letters to Vendors ESTIMATED QUANTITIES FOR CITY OF DELRAY BEACH BY DEPARTMENT Department Est. Quantity Water Treatment Plant: Liquid Chlorine 155 tons Calcium Hypochlorite 960 lbs. Account Code: 441-5122-536-52.21 Unit Price Total ~ 319.00 ton = ~ $86.00 per 100 lb. dram or $.86 per lb. = $49,445.00 $ 825.60 ESD Utility Maintenance: Calcium Hypochlorite 64 lbs. Account Code: 441-5144-536-52.21 ~ $86.00 per 100 lb. drum or $.86 per lb. = $ 55.04 Total Amount $50,325.64 "The Capital City of the Palm Beaches" PROCUREMENT DIVISION 1045 Charlotte Avenue West Palm Beach, FL 33401 Office: 561-659-8036 Fax: 561-835-0028 CONTRACT RENEWAL AGREEMENT NAME OF BID: Liouid Chlorine & Calcium Hvoochlorit~ BID NUHBER: ~ Agreement between the City of West Palm Beach, Rodda, Owner; and JCl Jones Chemical Attn: William Brownlie 1800 N.W. 22nd. Street Ft Lauderdale, FL 33310 Contract Renewal Pedod: ADHI 1. 2004 - Harch 31, 2005 ~ ! hereby agree to renew the existing contract and honor the same terms, conditions & pricing. ~ ! hereby elect not to renew the contract for the option renewal pedod. NAME OF COMPANY AUTHORIZED SIGNATURE (AREA CODE) PHONE NUMBER III I,.~ PRINT NAME O~/REPRESENTATIVE 3- -oq Nora W. Laudermilk, CPPB, Procurement Official, City of West Palm Beach "An Equal Opportunity Employer" Date CPalm CBeach "The Capital City of the Palm Beaches" PROCUREMENT DIVISION 1045 Charlotte Avenue West Palm Beach, FL 33401 Office: 561-659-8036 Fax: 561-835-0028 CONTRACT RENEWAL AGREEHENT NAME OF BID: Liouid Chlorine & Calcium fl~oochlorite BID NUMBER: SB# 02/03-20 Agreement between the City of West Palm Beach, Flodda, Owner; and Allied Chemical Corporation Att'n: Cathie Guffiarmod 3901 N.W. 115ea Avenue Miami, FL 33178 Contract Renewal Period: AoHI 1. 2004 - March 31. 2005 r---~ hereby agree to renew the existing contract and honor the same terms, conditions & pricing. ~ ! hereby elect not to renew the contract for the option renewal period. Allied Universal Corp. NAME OF COMPANY AUTHORIZED S~JRE Catherine ~uillarmod PRINT NAME O,~ REPRESENTATIVE (305) 888-2623 (AREA CODE) PHONE NUMBER Executive Administrator lilLE March 15, 2004 DATE Nora W. Laudermilk, CPPB, Procurement Official, City of West Palm Beach ~An Equal Opportunity Employer Date AGENDA REQUEST Request to be placed on: April '13, 2004 Date: March 29, 2004 XX Consent Agenda Special Agenda __ Workshop Agenda Description of agenda item: Renewal of contract with multiple vendors for the purchase of liquid chlorine from Jones Chemicals Inc. and calcium hypochlorite from Allied Universal Corporation via the City of West Palm Beach Co-op Bid #02/03-20 at an estimated annual cost of $50,325.64. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Renewal of contract with Jones Chemicals Inc. for the pumhase of liquid chlorine and Allied Universal Corporation for the purchase of calcium hypochlorite via the City of West Palm Beach Co-op Bid #02/03-20 for a total estimated annual usage of $50,325.64 for the City of Delray Beach. Funding from account code 441-5122-536-52.21 ($50,270.60) and, account code 441-5144-536- 52.21 for $55.04. (fiscal year 2004 and 2005) Department Head Signature: ~---'~-~ ~c-~.~ Determination of Consistency wi htt_~mprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving ex~.enditure of funds): Funding available: Yes t.,"' No .~ Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: (~ Hold Until: No City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden, City Manager FROM: Rafael Ballestero, Deputy Director of Construction ~ DATE: 31 March 2004 SUBJECT: NW 11m Avenue and Lake Eden Water Main Improvements Project # 2003-013 Commission Agenda Item This agenda item is for Commission approval/authorization for water main pipe material purchase from Ferguson Enterprises, Inc., our current yearly supplier. These materials will be installed by our in-house construction crew on the NW 11th Avenue and Lake Eden Water Main Improvements Project, # 2003-013. Attached for your review is a copy of their quotation, based on the current contract unit prices. Total cost for this material purchase is $65,342.37. Funding is provided as follows: Account # 442-5178-536-65.74, Water & Sewer Renewal & Replacement, NW l0th Avenue / NW 11th Avenue. Please place this item on the 13 April 2004 Commission Agenda. Thanks. enc cc: Richard Hasko, P.E., Director of ESD Randal Krejcarek, P.E., City Engineer City Clerk's Office Agenda File 04.13.04 Project File 2003-013 S:~EngAdminWrojects\2003~2003 -013 \CON STRCTx2004april 13 agendamemo.doc ~,~,~ CITY of DELRAY BEACH ENVIRONMENTAL SERVICES DEPARTMENT WATER MAIN IMPROVEMENTS 2oo3-o13 / t OF 1 · RightF&x 3/29/2004 2:38 PAGE 001/002 Fax Server FERGUSON ENTERPRISES, INC: FEI-POMPANO BEACH WW #125 2361 N.W. 22ND STREET POMPANO BEACH, FL 33069-1394 IDeliver To: From: BJd No ....... : B41067 Bid Date....: 03/29/04 Quoted By.: LCM Customer: crrY OF DELRAY BEACH 100 N.W. ]ST AVENUE DELRAY BEACH. FL 33444 FERC.UBON ENTERPRISES, INC. FEI-POMPANO BEACH, FL WW #125 Price Quotation Phone: 954-973-8100 Ship To: Page # 1 Cusf Phone: 561-243-7000 Tel'ms. ....... : NET 10TH PROX CIIY OF DELRAY BEACH 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 Cust PO,~...: Job Name: N,W. 11TH AVE & LAKE Item Description ~uanflty Net Price UM Total DI350SJpU 6 CL350 DI SJ PIPE 620 7,200 FT 4464.00 MJTBDlUU 6X6 MJ TAPN BLV F/DI 2 350,000 EA 700.00 AFC2506TMLAOL 6 MJ I~W DI OLTAPN VLV L/A 2 400.DO0 EA 800.00 AFC2506MMLAOL 6 MJ r~w DI OL C-ATE VLV L/A 2 350,~00 EA 700.00 MJYLAU 6 MJ C153 WYE L/A 2 198.665 EA 397.33 D4~ISW 2PC SC: CI VLV BX 18,-24 WTr~ 4 0.000 EA 0.00 E1106APK 6 DI MEGALUC- ACC PKC. 21 26.000 EA ,S~6,0O MJAPLGU 6 MJ ACC PKG !J GLAND 3 13,4[]0 EA 40.20 M~ILAU 6 MJ C153 45 BEND L/A 4 36.0D0 EA 144,00 FFC202760CC4 6X1 CC DBLSS EPOX SDL DI AC 19 46.615 EA 885,69 FFB16004 1 CC X FIP BALL CORP ST 4 14,000 EA 56.00 FFB10004 1 CC X C1S COMP BALL CORP ST 15 19.000 EA 285,00 FB43342W 1 CTS COMP X 3/4 MTR BALL CURB LW 15 19.500 EA 292.50 HDCTS200G100 lX] 00 HD200 CTS ~108 POJ-Y 500 30,000 C 150.00 PBOBK 2 X 20 FT PVC SCH80 BE PIPE 220 125.000 C 275.00 MJTPUK 6X2 MJ (2153 TAP PLUG 2 50.265 EA 100.53 FFB11007 2 MIP X CTS COMP BALL CORP ST I 93.410 EA 93,41 FFB17007 2 MIP X FIP BALL CORP ST 1 88.400 EA 88.40 IBRCPLUC.K 2 BRS CORED PLUC. 5 5.908 EA 2q.54 F52 1 INS STIFFENER F/CTS 100 0.750 EA 75.00 POLYPIC.FX 8 FOAM POLY PIG 2 15,000 EA 30.00 POLYPIGF10 10 FOAM POLY PIG 2 22.000 EA 44.00 , RightFax 312912004 2:38 PAGE 002/002 Fax Server FERGUSON ENTERPRISES, INC 14:28:10 MAR 29 2004 Reference No: B41067 FERC-USON ENTERPRISES, INC. FEI-POMPANO BEACH, FLWW #125 Price Quotofl Bin Phone: 95~-973-8100 Page # 2 Item Description Quanffiy Net Price UM Total MJNRTHBFN 3/4X~-1/2 MJ NON ROTATING T-HEAD 50 3.0DO EA 150.E]E] Net Total: 10630.33 Tax: 0,00 Total: 10630.33 Quoted prices are based U_l~qn receipt of the total quantity for Immediate sh]pment (48 hours). SHIPMENIS BEYOND 48 HOURS SHALL BE AT THEPRICE IN EFFECT AT TiME OF SHIPMENT. Quotations are offered con~ngent upon the Buyer's acceptance of Seller's terms and condlllons, Seller objects to all other terms and condiflon~. Seller not responsible for delays or lack of product due to causes beyond our control. Purchaser's sole warranlles if any are those rovlded b the manufacturer. SELLER DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ALL IMPUteD WAr~RANTIES O~MERCHA~TABILETY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SELLER BE LIABLE FOR ANY INCIDENTAL PUNITIVE SPECIAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR ND RECTLY FROM THE OPERAT ON OR USE OF THE PRODUCT. SELLER S LABLITY, F ANY, SHALL BE LIMITED TO THE NET SALES PRICE RECEIVED BY SELLER. Complete Terms and Conditions are available upon request or can be viewed on th~ web cd' ~ightFa× FERGUSON ENTERPRISES, INC: 3/29/2004 1:40 PAGE 001/002 FEI-POMPANO BEACH WW $125 2361 N.W. 22ND STREET POMPANO BEACH, FL 33069-1394 IDeliver To: From: 13:21:34 MAR 29 2004 Bid NO ....... : B41077 BidDate....: 03/29/04 Quoted By.: LCM Customer: Cm~ OF DE[RAY BEACH 100 N,W, 1ST AVENUE DE[RAY BEACH, FL 33,444 FERGUSON ENTERPRISES, INC. FEI-POMPANO BEACH. FL WW #125 Price Quotc~on Phone: 954-9738100 Ship To: Page # 1 Cust Phone: 551-243-7000 Terms ........ : NET 10TH cr[Y OF DE[RAY BEACH 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 Cu~ PO#...: Job Name: N.W,24TH & LAKE EDEN Item Description ~uanflty Net Price UM Total DI3505JPX 8 CL350 DI SJ PIPE 560 9.500 FT 5320.00 DIBOSJEPX 8 CL50 DI SJ EPOX PIPE 40 15.250 FT 610.00 MJYLAX 8 UJ C153 WYE L/A 2 160.000 EA 320.00 FFC202979CC7 *CVR* FC202-9.79 X CC7 SDL I 44.000 EA z14.00 FFB10007 2 CC X CTS COMP BALL CORP ST 1 50.000 EA 50.00 PBOBK 2 X 20 Fr PVC SCHB0 BE PIPE 180 125.000 C 225.00 FFC202979CC4 8X1 CC DBL SS EPOX SDL DI AC 2 41.000 EA 82.00 FFB16004 1 CC X FIP BAU. CORP ST 2 14.000 EA 28.00 0461SW 2PC SC CI VLV BX 18-24 WTR 5 0.000 EA 0.00 MJSPX 8 MJ C153 SLD PLUG 2 31.500 EA 63.00 MJTPXK 8X2 MJ C 153 TAP PLUG 2 34.000 EA 68.00 FFB11007 2 MIP X CTS COMP BALL CORP ST 1 93.410 EA 93.41 M~LAX 8 MJ C153 45 BEND L~A 4 56.000 EA 224.00 MMRO2BB 8 CLAY X 8 Cl PVC COUP, 2 22.113 EA 44.23 MJSTLAXU 8Xb NM C153 SWVL11EE L/A 2 203.450 EA 406.90 AFC2506MMLAOL 6 MJ RW DI OL GATE VLV UA 2 350.000 EA 700.00 AFCBP,4BLAOLNDR 5-1/4 VO B84B HYD 3'60L L/A DFD 2 978,019 EA 1956,04 E1108APK 8 DI MEGALUG ACC PKG 21 36,000 EA 756.00 MJAPLGU 6 MJ ACC PKG L/GLAND 3 13.400 EA 40.20 E1106APK 6 DI MEGALUG ACC PKG zl 26.000 EA 104.00 FFC20297~C4 8Xl CC DBLSS EPOX $DL DI AC 8 41,000 EA 328,00 FB43342W I CTS COMP X 3/4 MTR BALL CURB LW 8 19.500 EA 156,00 FB43344W I CTS COMP X MTR SIR BALL CURB lW 7 35.933 EA 251.53 HDCIS200GI00 1X100 HD200 CTS 3408 POLY 300 30.000 C 90,00 FFB17007 2 MIP X FIP BALL CORP ST 1 88,400 EA 88.40 RightF&x 3/29/2004 1:40 PAGE 002/002 F&X Server FE USON ENTERPRISES, INC: FERGUSON ENTERPRISES, INC. FEI-POMPANO BEACH, FLIANV#125 Price Quotation Phone: 954-973-8100 Item Description Quantity Net Price UM Total NT311YK 2 BRZ 125# IPS ANG VLV 1 50.000 EA 50.00 MJTSDIXX 8X8 IVU TAPN SLV F/DI 1 ~-50,000 EA 450.00 AFC2S08TMLAOL & MJ RNV DI aL TAPN VLV L/A 1 585.000 EA 585.00 AFC2508MMLAOL 8 MJ RW Ol aL GATE VLV L/A 1 520,000 EA 520,00 Net Total: 13653.71 Tax: 0.00 Total: 13653,71 Quoted ~ ces are based u_~_n rece p_t of lt~e tara quantity for immediate sh.[pment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT TH E PR C E N EFFECT AT TIME OF SH PMENT Quotations are offered con~ngent upon the Buyer's acceptance of Seller's terms and conditions. Seller obletects ta all other terms and conditions. Seller not responsible for delays or lack of~>lP~CLAiMsroduct due ,o causes beyond our control. Purchaser's sole warranties if any. are those rov~ded b the manufacturer. SELLER ALL EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ALL IMPUED WARRANTIES O~MERCHA~VTAB UTY AND F TNESS OR F TNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SELLER BE LIABLE FOR ANY INCIDENTAL. PUNITIVE. SPECIAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE OPERATION OR USE OF THE PRODUCT. SELLER'S LIABLITY, IF ANY, SHALL BE LIMITED TO THE NET SALES PRICE RECEIVED BY SELLER. Comple,e Terms and Conditions ore available upon reques, or con be viewed on the web at RightFax FERGUSON ENTERPRISES, INC.® 3/29/2004 1:33 PAGE FEI-POMPANO BEACH WW #125 2361 N.W. 22ND STREET POMPANO BEACH. FL 33069-1394 001/002 IDeliver To: From: Commen~: SPENCER L&~ce Merritt 13:21:58 MAR 2~ 2004 Bid NO ....... : B41070 Bid Date....: 03/29/04 Quoted By.: LCM Customer: cn~ OF DELRA¥ BEACH 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 FERGUSON ENTERPRISES, [NC. FEI-POMPANO BEACH, FL W~/#125 Price Quol'ofior) Phone: 954-~73-8100 Fax : 954-960-0095 Page # 1 Cust Phone: 5<51-243-7000 Terms ........ : NET 10111PROX Ship To: CITY OF DELRAY BEACH 10(3 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 Cu~ PO/t_.: Job Name: NW 241H CT & LAKE ED Item Description ~.u anflty Net Price UM Total DISSOSJPX 8 CLX)50 DI SJ PIPE 500 9,500 FT 4750.00 IBECPLUGK 2 BRS CORED PLUG 1 5,908 EA 5.91 MJYLAX 8 MJ C153 WYE L/A 2 160.000 EA 320.00 FFC202979CC7 'CVR* FC202-9.79 X CC7 SDL 1 z14.0[~) EA 44.00 FFB 10007 2 CC X CTS COMP BALL CORP ST 1 50,000 EA 50.00 PBOBK 2 X 20 FT PVC $CH80 BE PIPE 160 125,000 C 200.00 FFC20~979CC4 8X1 CC DBL SS EPOX SDL DI AC 8 41.000 EA 328.00 FFB16004 1 CC X FIP BALL CORP ST 3 14.000 EA 42.00 04615W ')PC SC CI VLV BX 18.-24 WTR 5 0.000 EA 0.00 MJSPX 8 MJ C 153 SLD PLUG 1 31.500 EA 31.50 MJTPXK 8X2 MJ C 153 TAP PLUG 2 34.000 EA 68.00 FFB11007 2 MIP X CT5 COMP BALL CORP ST 1 93.410 EA 93.41 HDCTS200JI00 1-1/2X100 HD200 CTS 3408 POLY 100 82.500 C 82.50 o' Ri~htF~X 312912004 1:33 PAGE 002/002 Fax S~rver FERGUSON ENTERPRISES, INC 13:21:58 MAR 29200~ Reference No: B41070 EERGUSON ENTERPRISES, INC. FEI-POMPANO BEACH, FLWW #125 Price Quotc~ on Phone: 954-973-81UE] Item Description Quantfl¥ Net F~lce UM Totel FFB17007 2 MIP X FIP BALL CORP ST 1 88.400 EA 88.40 NT311YK 2 BRZ 125# IP5 ANG VLV 1 50.000 EA 50.00 MJTSDIXX 8X8 MJ TAPN SLV F/DI I 450.000 EA 450.00 AFC2508TMLAOL 8 MJ ~ DI OL TAPN VLV L/A 1 585.aa0 EA 585,00 AFC2508MMLAOL 8 MJ I:NV DI OL GATE VLV L/A 2 520.000 EA 1040.00 FFB10006 1-1/2 CC X CTS COMP BALL CORP ST 2 33.g00 EA 6~,00 MJAPLGX 8 MJ ACC PKG L/GLAND 2 15.320 EA 30,64 Net Total: 12578.20 Tax: 0.00 Total: 12578.20 Quoted pi'ices are based up_on receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE ATTHE PRICE IN EFFECTATTIME OF SHIPMENT. Quotations are offered con~ngent upon the Buyer's acceptance of Seller's terms and conditions, SeJler obJ~ects to all other terms and condItions. Seller not responsible for delays or lack of E)l~CLAiMsroduat due to causes beyond our control. Purchaser's soJe warranties, If any~ are those provided by the manufacturer. SELLER ALL EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SELLEI~ BE LIABLE FOR ANY INCIDENTAL PUNITIVE SPECIAL OR CONSEQUENTIAL DAMAGES ARISING D RECTLY OR INDIr~ECTLY FROM THE OPERATION OR USE OF THE PRO[~UCT. SELLER'S LIABLITY, IF ANY, SHALL BE L M TED TO THE NET SALES PRICE RECEIVED BY SELLER, Complete Terms and Conditions are available upon request or can be viewed on the web at www.fer guson.com/sales-terms.hfrnl. RightF&x 313012004 7:54 PAGE 001/002 F&x Server FERGUSON ENTERPRISES, INC: FEI-POMPANO BEACH WW #125 2361 N.W. 22ND STREET POMPANO BEACH, FL 33D69-1394 IDeliver To: From: 07:52:25 MAR 30 2004 Bid No ....... : B41O71 Bid Dote....: 03/29/04 Quoted By.: LCM Customer: crrY OF DEL~AY BEACH 100 N,W, 1ST AVENUE DELRAY BEACH, FL 33444 FERGUSON ENTERPRISES, INC. FEI-POMPANO BEACH, FL WW #125 Price Quotation Phone: 954-973-8100 Fax : 954-c~6D-0095 Ship To: Page # 1 Cust Phone: 561-243-7000 Terms. ....... : NET 10fl'H PEOX ClIY OF DEl_RAY BEACH 1BO N.W. 1ST AVENUE DELRAY BEACH, FL 33444 Cu~t PO~...: Job Name: NW 25TH & LAKE EDEN Item Description Quantity Net Price UM Total DI350SJPX 8 CL350 DI SJ PiPE 460 9.500 F-i' 4370,0O DI350SJPU 6 CL350 DI SJ PIPE 40 7.200 FT 288.00 MJYLAX 8 UJ C153 WYE L/A 4 160.000 EA 640.00 PSOBK 2 X 20 ET PVC $CH80 BE PIPE 40 125.000 C 50.00 FFBIO007 2 CC X CTS COMP BALL CORP ST 3 50.000 EA 150.00 PBOBL 2-1/2 X 20 FT PVC SCHBO BE PIPE 40 250.000 C 100.00 FFC202979CC4 8Xl CC DBL SS EPOX SDL DI AC 9 41.000 EA 369.00 FFB16DO4 1 CC X FIP BAII CORP ST 4 14.000 EA 56.00 0461SW 2PC SC CI VLV BX 18-24 WTR 9 0.000 EA 0.[30 MJSPX 8 MJ C153 BLD PLUG 1 31.500 EA 31.50 MJTPXK 8X2 MJ C153 TAP PLUG 4 34,000 EA 136.00 FFB17(307 2 MIP X FIP BALL CORP ST 1 88.400 EA 88.40 HDCTS200G100 1X100 HD200 CTS 3408 POLY 200 30.000 C 60.00 HDCTS200J1 [30 1-1/2X100 H02130 CTS 3408 ,P~LY 100 82.500 C 82,50 MJSTLAXU 8X6 MJ C153SWVLTEEL/A 2 203.45[3 EA 406.90 AFC2506MMLAOL 6 MJ RW DI OL GATE VLV L/A 2 350.000 EA 700.00 AFCB84BLAOLNDR 5-1/4 VO B84B HYD 3'60L L/A DFD 1 978.019 EA 978.02 E1108APK 8 DI MEGALUG ACC PKG 24 36.000 EA 864.00 MJAPLGU 6 MJ ACC PKG L/GLAND 2 13.400 EA 26,80 E11D6APK 6 DI MEGALUG ACC PKG 8 26.000 EA 208,00 AFCB84BLAOLMDFD 5-1/4 VO B84B HYD 3'00L L/A DFD 1 931,025 EA 931.03 FFB101304 1 CC X CTS COMP BALL CORP ST 5 19.0130 EA 95.[30 FB43344W 1 C15 COMP X MTR STR BAIl CURB LW 7 35.933 EA 251.53 FY44264 1-1/2X1 CT$ COMP WYE BRCH 1 54.3[30 EA 54.30 MJLSLAX 8Xl 2 MJ C153 LONG SLV L/A 1 52.000 EA 52.00 RightFax 3/30/2004 7:54 PAGE 002/002 Fax Server FERGUSON ENTERPRISES, INC: 07:52:2:5 MAR -%0 2004 Reference No: B41D71 FERGUSON ENTERPRISES, INC. FEI-POMPANO BEACH, FL WW #125 Page # 2 Item Description ~u arfltty Net Price UM T~tal MJRLAXU 8X6 MJ C153 RED L/A 2 44.000 EA 55.00 NTB11YK 2 BRZ 125/I IPS ANG VLV 1 50.000 EA 50.00 MJTSDIXX 8X8 MJ TAPN SLV F/DI 1 450.000 EA 450.00 AFC2508TMLAOL 5 MJ EW DI aL TAPN VLV L/A I 585.000 EA 585,00 AFC2508MMLAOL 8 MJ RW DI aL GATE VLV L/A 4 520.000 EA 2080.00 IBRCPLUGK 2 BRS CORED PLUG 3 5.908 EA 17.72 MJAPLGX 8 MJ ACC PKQ L/GLAND 5 15.320 EA 76,60 AFC2506TMLAOL 6 MJ R1N DI aL TAPN VLV L/A 2 400.DOO EA 800.00 MJTSDIUU 6X6 MJ TAPN SLV F/ DI 2 350,000 EA 700.00 Net Total: 15836,30 Tax: 0.00 Total: 1 5836.30 Quoted p~'lces are based upon receipt of the total quanlfly for immediate shipment (48 hours). SHiPMEN~ BEYOND ~18 HOURS SHALL BE AT TH E PRICE IN EFFECT AT TIME OF SHIPMENT. Quo,allons are offered contingent upon 1he Buyer's acceptance of Seller's ,eh-ns and conditions. Seller obje<ects to oil olher terms and conditions. Seller not resppnslble for delays or lack of[Dl~cLAiMsroduct due to causes beyond our confrol. Purchaser's sole warranties If any, are,hose rovlded b be manufaclurer, SELLER ALL EXPRESSED OR IMPLIED WARRANTIES, NCLUDING ALL IMPUED WARRANT ES O~MERCHA~VTAB LrrY AND FITNESS OR F TNESS FOR A PART CULAR PURPOSE. IN NO EVENT WILL SELLER BE UABLE FOR ANY INCIDENTAL PUNITIVE, SPECIALOR CONSEQUENTIAL DAMAGES ARISING DIREC~Y OR INDIRECTLY FROM THE OPERATION OR USE OF THE PROJ~UCT. SELLER'S UABLITY IF ANY SHALL BE LIMITED TO THE NET SALES PRICE RECEIVED BY SELLER, Complete Terms and Conditions are ava aP e upon request or can be viewed on the web at www.ferguson.c om/sales-terms, html. ,RiBhtFax 3/29/2004 1:32 PAGE 001/002 Fax Server FERGUSON ENTERPRISES, INC: FEI-POMPANO BEACH WW #125 23~1 N.W. 22ND STREET POMPANO BEACH, FL 33069-1394 Deliver To: From: SPENCER Lance Merritt Bid No ....... : B41072 Bid Date....: 03/29/04 Quoted By.: LCM Customer: CITY OF DELRAY BEACH 100 N.W. 1ST AVENUE DELRA¥ BEACH, FL 33444 FERGUSON ENTERPRISES, iNC. FEI-POMPANO BEACH, FL WV,/#125 Price Quotation Phone ', 954-973-8100 Eax ', 954~960-0~5 Page Cust Phone: 561-243-7000 Terms ........ : NET 10TH PROX Ship To: ClT~ OF DELRAY BEACH 100 N.W. 1ST AVENUE DELRAY BEACH, FL 334z~1 Cust PO#...: Job Name: NW 2511-i CT & LAKE ED DI350SJPX 8 CL350 DI SJ PIPE 420 9.500 FT 3990,00 DI5OSJEPX 8 CLSO DI SJ EPOX PIPE 20 15,250 ET 305,00 MJYLAX 8 MJ C153 WYE L/A 2 160,000 EA 320.00 FFC202979CC7 'CVR" FC202-9.79 X CC7 SDL 1 44,0[X3 EA 44.~0 FFB1Q007 2 CC X CT"& COMP BALLCORP ST 1 50.000 EA 50.00 PSOBK 2 X 2[3 FT PVC SCHS0 BE PIPE 40 125.00D C 50,00 FFC202979CC4 8X1 CC DBLSSEPOXSDL DIAC 7 41.000 EA 287.00 FEB16004 1 CC X FiP BALL CORP ST 2 14.000 EA 28.00 D461SW 2PC SC CI VLV BX 18-24 WTR 5 D.B00 EA 0.00 MJSPX 8 UJ C153 SLD PLUG 1 31.500 EA 31.50 MJTPXK 8X2 UJ C153 TAP PLUG 2 34.000 EA 68.00 FFB11007 2 MIP X CTS COMP BALL CORP ST 1 93.410 EA 93.41 HDC~200GI00 1X1 [30 HD20O CTS 3408 POLY 100 30,000 C 3D.(~3 PSOBL 2-1/2 X 20 FT PVC SCHS0 BE PIPE 20 250.000 C 50.00 MJSTLAXU 8)(6 MJ C153 SWVLTEE L/A 2 203.450 EA 406.9D AEC2506MMLAOL 6 MJ RW DI OL GATE VLV L/A 2 350,000 EA 700.00 AFCB84BLAOLNDR 5-1/4 VO BSZlB HYD 3'60L L/A DFD 1 97B,019 EA 978.[32 E1108APK 8 DI MEGALUG ACC PKG 20 56.000 EA 720.00 MJAPLGU 6 MJ ACC PKG L/GLAND 2 13.400 EA 26.80 E 1106APK 6 DI M EGALUG ACC PKG 4 26.000 EA 104.00 AFCB~4BLAOLPPN 5-1/4 VO B84B HYD 4'00L L/A PIN ] 976.115 EA 976.12 FEB10{;04 1 CC X CTS COMP BALL COEP ST 5 19.000 EA 95.00 FB43344W 1 CTS COMP X MTR STP BALL CURB LW 5 35,934 EA 179.67 MMR028S 8 CLAY X 8 CI PVC COUP 2 22,] 13 EA 44,23 MJ4LAX 8 MJ C153 45 BEND L/A 5 56.000 EA 280.00 .RightF~x 3/29/2004 1:32 PAGE 0021002 Fax Server FERGUSON ENTERPRISES, INC 13:22:38 MAR 29 2004 Reference No: B41072 FEPGUSON ENTERPRISES, INC. FEI-POMPANO BEACH, FLWW #125 Page # 2 Item Description Qu =rfllt~ Net Price UM Total FFB17007 2 MIP X FIP BALL CORP 53' 1 88.400 EA 88.40 NT311YK 2 BEZ 125# 1PS ANG VLV 1 45.000 EA 45.00 MJTSDIXX 8X8 MJ TAPN SLY ~/ DI 1 450.000 EA 450.00 AFC2508TMLAOL 8 MJ RW DI GL TAPN VLV L/A 1 585,000 EA 585,00 AFC2508MMLAOL 8 MJ ~ DI GL GAlE VLV IJA & 520.000 EA 1560.0B IBr'<CPLUGK 2 BPS COPED PLUG 2 5.908 EA 11.82 M. JAPLGX 8 MJ ACC PKG I./GLAND 3 15.320 EA 45.R6 Net Total: 12643.83 Tax: 0.00 Total: 12643.83 Quoted ~rlce$ are based up_on receipt of the total quantil¥ for immediate sh~ment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT. Quotations are offered con~ngent upon the Buyer's acceptance of Seller's terms and condlltons. Seller o~l~ects ta all athe~ terms and conditions. Seller not responsible for delays or lack of product due ,o causes beyond our control Purchaser's sole warran~es, if any~ are those provided b,) the manufaclurer. SELLER DISCLAIMS ALL EXPRESSED OR'IMPLIED WARRANTIES, INCLUDING ALL IMPUED WARRANTIES OFMERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENTWILL SELLER BE UABLE FOR ANY INCIDENTAL PUNITIVE, SPECIALOR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE OPERATION OR USE OF THE PPOI~UCT. SELLER'S UABLITY IF ANY, SHALL BE LIMITED TO THE NET SALES PRICE RECEIVED BY SELLER. Complete Terms and Conditions are ava ab e upon reques, or can be viewed on the web at Date: 31 March 2004 AGENDA ITEM ~'~,~ NUMBER: AGENDA REQUEST Request to be placed on: Consent Agenda X_Regular Agenda When: 13 April 2004 Workshop Agenda Special Agenda Description of Agenda Item (who, what, where, how much): The attached agenda item is for Commission approval/authorization for water main pipe material purchase from Ferguson Enterprises, Inc., our current yearly supplier. These materials will be installed by our in-house construction crew on the NW 11th Avenue and Lake Eden Water Main Improvements Project, # 2003-013 Total cost of this contract is $65,342.37. Funding is provided as follows: Account # 442-5178-536-65.74, Water & Sewer Renewal & Replacement, NW 10th Avenue / NW 11th Avenue. Staff Recommendati. on: Appro~_atT~urchase Department Head Slgnature: k-~ ~-~lg~(~. ~ ~-~'-ot[ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Ye~a/No Initials: Account Number See above Description See above See above (if applicable) Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~/ No Initials: Hold Until: Agenda Coordinator Review: Received: SAEngAdmin~Projects~2003~2003-013\CONSTRCT~2004aprill 3 agenda.doc MEMORANDUM TO:. FROM: THROUGH: DATE: David T. Harden, City Manager Patsy Nadal, Buyer o Joseph Safford, ~ Director 4/6/2004 SUBJECT: APPROVAL OF PURCHASE and INSTALLATION of TILE at the POLICE DEPARTMENT Item Before Commission: City Commission is requested to approve the purchase and installation of replacement flooring in the amount of $18,692.37 for the Police Department. Pdcing per Florida State Contract ff360-240~001, Carpet & Flooring Materials, and effective 06/01/00 through 05/31/04. Background: On November 24, 2003, a toilet, located in the investigative area overflowed due to a c~ogged pipe. The resulting damage to the carpet in the hallway adjacent to the toilet caused that area of the carpet to be declared a bio-hazard and had to be removed. Quotes were received from two (2) vendors for purchase & installation of 12" x 12" porcelain tile: 1. Kuhn Carpet & Tile 3,701.46 sq. ft. $18,692.37 Includes some floor prep, any major renovations to floor, may require an additional charge. 2. Atlantic Blinds and Floodng 3,960 sq. ft. $18,810.00 Includes any floor prep or membrane won~ for stress cracks in slab. Per Brent Palmer, Kuhn Carpet & Tile measurements and dollar amount provided in their quote dated 03116/2004 include tile required for cuts at doorways, comers, and/or cracked tiles. If there is a need for additional tile, due to installers miscalculation of tiles needed, it will be the responsibly of Kuhn Carpet to supply tiles, at no additional cost in order to complete the installation for the square footage quoted. Atlantic Blinds and Floodng measurement of 3,960 sq. ft. includes a 7% industry standard add-on allowance for cuts at doorways, comers, and/or cracked tiles. The cost for the additional tiles will not be deducted from the original quoted price if not needed. Recommendation: The Police Department after a great deal of research is recommending that the carpet be replaced with a 12" x 12" porcelain tile, to be purchased from Kuhn Carpet & Tile, for the amount of $18,692.37. The porcelain tile is more durable than a vinyl composite or carpet tiles and will not require a high level of maintenance. Funding is available from account number. 334-6112-519-46.10 Attachments: Vendor Estimates cc: Jackie Rooney, Purchasing Manager Kuhn Carpet & Tile 12504 Wiles Road, Coral Springs, FL 33076 · wvcw. kuhncarpet,com Tel: (954) 344-4838 · Fax: (954) 344~7o82.1-800-273-5240 '3/16/04 City of Delray Police Station 300 W. Atlantic Avenue Delray Beach, FL 33444 Tel: 561 - 243 - 7852 Fax: 561 - 243 - 7816' ATT: Asst. Chief David Yunghans RE: Common Corridors Dear David, The following is the total co~t for a installing i2 * 12, polished porcelain. From the Granito Series (level I). Please note that that there are seven colors to choose from in this series. The cost includes Tile, installation as well as the disposal of the existing carpet. Be advised that while this cost does include some floor prep any major renoval/ons may require an additional charge. 294 Cartons (3701.46 s/f) = $18,692.37 Total If you have any questions, please contact me at my office or on my cell (954) 448 - 4600. RespecffuJly, Brent Palmer 117 N.E. FIFTH AVE. ($OU¥1-1BOUND FEDERAL HIGttWA¥) Delray Beach, Florida 33483 (561) 276-5740 Showroom Hours: Mom- Fri. 9-5 I Sat. 9-3 or by appointment "FOR ALL YOUR WINDOW & FLOORING NEEDS" [ESTIMATE Office Use Name: DELRAY BCH P.D., Address: ATLANTIC AVE. City/State: DELRAY BCH. Phone: Date: Tuesday, Ma~ch 16, 2004 Salesman: DWAY"NE Refferred By: PREVIOUS Instructions: FLOORING TEARUP AND DISPOSE OF ALL OLD CA/{PET AND VCT. SUPPLY AND INSTALL 3960 SQ. FT. OF THROUGH BODY PORCELI~/q TILE IN HALLWAYS ON FIRST FLOOR. PRICE WILL INCLUDE ANY FLOOR PREP OR MEMBRANE WORK FOR STRESS CRACKS IN SLAB. WE WILL NOT BE RESPONSIBLE FOR ANY DOORS NEEDED TO BE CUT. 12 X 12 THRU OUT BODY PORCELAIN. ( COLOR TO BE SELECTED ) ] 50.00 NOT RESPONSIBLE FOR MANUFACTURING DELAYS Sale Price $18,810.00 Tax 0.00 Total $ I Deposit 0.00 Balance $ I ~,810.00 CUSTOMER SIGNATURE Page: l AGENDA REQUEST Request to be placed on: April 13, 2004 Date: April 6, 2004 XX Consent Agenda Special Agenda __ WonV, shop Agenda Description of agenda item: City Commission is requested to approve the purchase and installation of replacement floodng in the amount of $18,692.37 for the Police Department. Pdcing per Florida State Contract #360-240-001, Carpet & Floodog Materials, and effective 06/01/00 through 05/31104. On November 24, 2003, a toilet, located in the Investigative ama ovedlowed due to a clogged pipe. The resulting damage to the carpet in the hallway adjacent to the toilet caused that area of the carpet to be dec~ared a bio-hazan:l and had to be removed. ORDINANCE/RESOLU~ONREQUIRED: YES NO X Draft Attached: YES NO X Recommendation: The Police Department alter a great deal of research is mcemmendiog that the carpet be replaced with a 12" x 12' porcelain tile, to be purchased from Kuhn Carpet & Tile, for the amount of $18,692.37. The porcelain tile is more durable than a vinyl composite or carpet tiles and will not require a high level of maintenance. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes / ~/ No Funding alternatives: Account Number:. Account Description: Account Balance: city Manager Review: Approved for agenda:~ Hold Until: (if applicable) ~ No Agenda Coordinator Review: Received: Action: Approved Disapproved TO: FROM: SUBJECT: PAUL DORLING,/[~ECTOR OF PLANNING AND ZONING MEETING OF APRIL 13, 2004 APPEAL OF AN ADMINISTRATIVE INTERPRETATION RELATING TO THE HOTEL VISTA DEL MAP. PROJECT The action requested of the City Commission is that of consideration of an appeal of an administrative interpretation by the Director of Planning and Zoning. The Director determined that certain modifications to the site plan previously approved by the Site Plan Review and Appearance Board should be classified as a Class II site plan modification, pursuant to LDR Section 2.4.5(G)(1)(b). The subject property is located on the west side of S. Ocean Boulevard, south side of E. Atlantic Avenue. The Director's interpretation was appealed on February 11, 2004, by Harvey F. Oyer of Gunster, Yoakley & Stewart. The Site Plan Review and Appearance Board considered the site plan modification on February 11, 2004, and tabled action on the modification primarily relating to concerns with traffic circulation. The appeal is being processed pursuant to LDR Section 2.4.7(E) (1) Appeals. A Class II site plan modification was processed based on the assumption that the City had lost the lawsuit associated with this development proposal and there was an approved site plan of record. In reviewing the Court Order it appears that the assumption was not accurate. The Court Order, in fact, directed the City Commission to make findings of fact to support its rejection of the original site plan. Given this, it would appear that a site plan modification (Class II) of a non approved site plan is not appropriate. Therefore, the proposed administrative interpretation should not be upheld. While the interpretation should be overturned, I would disagree with the assertion by the appellant that if there were an approved site plan the proposed modifications are not of a Class II nature. The proposed changes do not change the intensity of the proposal (same number of rooms) and are primarily modifications to the elevations, configuration of the access points and the layout of the underground and ground level parking garage under the building. Pursuant to LDR Section 2.4.5(6)(B)(i)(b) a Class II site plan modification is a modification to the site plan which requires no review of Performance Standards found in Section 3.1.1, but which requires action by the Board. LDR Section 3.1.1 required findings relate to Future Land Use Map, Concurrency, Consistency, and Compliance with LDR's. This modification would not change the required findings nor require additional review with respect to the relationship between the Zoning and Land Use Map designations, concurrency (exact same intensity), or consistency of the use (same use at the same intensity). While review of LDR's is necessary it is limited to the specific changes to the elevations, access points, and parking lot layout only. City Commission Documentation Appealable Items Meeting of April 13, 2004 Page 2 Recommend granting the appeal and requiring either the prior Class V site plan to be considered by City Commission as directed by the Court or processing of the proposed modifications as a new Class V site plan. Attachments: · New Proposal · Previous Site Plan rn z -4 ! ! ! II~II?l~_~!ll ! i !~.~ -.,,~ HP DESIGN JET 600 PLOT MARKS Z TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER PAUL DORLING, DIRECTOR C NGUYEN TRAN, SENIOR PLANNER MEETING OF APRIL 13, 2004 CONSIDERATION OF WAIVER REQUESTS TO LDR SECTION 4.3.4 (K) TO REDUCE THE LOT SIZE AND THE LOT DEPTH FOR AN EXISTING NON-CONFORMING LOT, LOCATED ON THE EAST SIDE OF STRICKLAND ROAD, APPROXIMATELY 110' SOUTH OF SW 11TM STREET. The subject property was platted in October of 1951 as Lot 3, Block I of the Plat of Strickland Subdivision. The property is located on the east side of Strickland Road and is approximately 110' south of SW 11th Street. The original platted lot measured 100' wide and averaged 75.37' in depth. Sometime in the early 1950's the southern 15' of Lot 3 was sold off to the lot immediately to the south (Lot 6). In July of 1990, the northern 8.9' of Lot 3 was sold off to the lot immediately to the north (Lot 2) to accommodate a building encroachment onto the subject property. As a result, the subject property currently measures 76.1' wide by 75.37' deep (on average) and is vacant. The subject property is located within the R-1-A (Single Family Residential) zoning district and does not comply with district lot standards with respect to lot size and lot depth as further discussed in the Waiver Analysis section below. As per LDR Section 2.4.7(B)(1)(b), the City Commission has the authority to grant relief of the following standard: LDR Section 4.3.4 (K) (Development Standards Matrix): · Reduction of required lot size from 7,500 sq. ft. to 5,735 sq. ft; and, · Reduction of required lot depth from 100 ft. to 76.1 ft. Waiver Request: Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4 unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such nonconformity. The subject property will be deficient with respect to lot size and lot depth as noted in the following table: Width Depth Lot Size Lot Size 60' 60' 100' 7,500 sq. ft. 76.1' Waiver Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (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. City Commission Documentation Meeting of April 13, 2004 Strickland Road Lot Waiver Request Page 2 The lots platted within Block 1 of Strickland Subdivision are all non-conforming lots according to current district standards with respect to either lot frontage, lot width or lot depth. Over the course of time, portions of these lots were sold off and developed as single family residences on lots varying in frontage from 40' to 130' by 75' in depth. In addition, the south half of this Block as well as Block 2 and Block 3 of Strickland Subdivision has been aggregated into the "The Groves at Delray Beach" development. The subject property is one of the larger sized lots within the remaining portion of Strickland Subdivision. It is noted that the depth of the property has remained constant since its creation in 1951. Further, while the width has been reduced to accommodate adjustments to adjacent lots, the width currently exceeds the minimum 60'. The waivers will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation and an approval would be granted in a similar situation. Based upon the above, it is necessary and appropriate to approve the requested waivers in order to maintain a level of consistency with the adjacent developed properties. By motion, approve the waivers to LDR Section 4.3.4(K) (Development Standards Matrix) to reduce the lot size and to reduce the lot depth for an existing non-conforming lot within Strickland Subdivision to the dimension noted in the table above, based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D). Attachments: · Location Map · Reduced Survey · Reduced Plat $:lPlenning & 7oning~BOARD$~CITY COMM/SSlON~$tfickland Road Lot Waiver Requestt. doc DELRA Y BEACH MEMORIAL GARDENS THE GR 0 lOTH ST. 9TH STREET PINE GROVE ELEMENTARY SCHOOL FALL RIDGE OF DELRA Y MAROONE DODGE MAROONE NISSAN LINTON SOUTHRIOGE RD. SOUTHRIDOE ~LLAGE CONDO ZEDER AVE. CONDO BENJAMIN BOULEVARD II ~ N - WAIVER REQUEST - AS TO LOT SIZE REQUIREMENTS TO: THRU: FROM: SUBJECT: D~ D~A~TY MANAGER PAUL DO~.~G, DIR~TOR OF PLANNING AND ZONING JA~ORSOS, PLANNER MEETING OF APRIL 13, 2004 CONDITIONAL USE MODIFICATION REQUEST TO EXPAND THE EXISTING COMMUNITY PRIMITIVE BAPTIST CHURCH LOCATED BETWEEN NW l0TM AVENUE AND NW 11TM AVENUE~ APPROXIMATELY 250' NORTH OF WEST ATLANTIC AVENUE (33 NW 11TM AVENUE). The action requested of the City Commission is approval of a conditional use to expand the existing Community Primitive Baptist Church. The development proposal includes the demolition of a storage shed along the east side of the existing church; construction of a 2,123 square foot addition to the church; reconfiguration of the existing parking area on the south side of the church to accommodate six (6) parallel parking spaces; and the construction of a new 28- space parking lot on the east side of the site. The property is zoned Single-Family Residential (R-l-A) and contains approximately 0.66 acres. Additional background and analysis of the request can be found in the attached Planning and Zoning Board Staff Report. At its meeting of March 15, 2004, the Planning and Zoning Board held a public hearing in conjunction with the request. No one from the public spoke in opposition or support of the request. After discussing the proposal, the Board voted 5-0 (Borchardt and Woehlkens absent) to recommend approval of the Conditional Use Modification request for Community Primitive Baptist Church, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development regulations and the policies of the Comprehensive Plan, subject to the following conditions: That the Class IV site plan modification is submitted and approved in general conformance with the sketch plan submitted with the conditional use request. 2. That the maximum seating capacity for the sanctuary is 100 people. By motion, approve the Conditional Use Modification request for the Community Primitive Baptist Church, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan, and subject to the findings and conditions of approval of the Planning and Zoning Board. Attachment: P& Z Staff Report and Documentation of March 15, 2004 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: March 15, 2004 IV.A. Conditional Use Modification Associated with the Expansion of the Community Primitive Baptist Church, Located North of West Atlantic Avenue, Between N.W. 10th Avenue and N.W. 11th Avenue. GENERAL DATA: Owners/Applicant ...................... Community Primitive Baptist Church Agent ......................................... Jimmy Weatherspoon Location .................................... North of Atlantic Avenue, between N.W. 10th Avenue and N.W. 11th Avenue Property Size ............................. 0.66 Acre Future Land Use Map ................Low Density Residential (0-5 units/acre) Current Zoning .......................... R-1-A (Single Family Residential) Adjacent Zoning ............... North: R-1-A East: R-1-A & GC South: R-1-A & GC (General Commercial) West: R-1-A Existing Land Use ..................... Church, Church Parking Lot and Vacant Proposed Land Use ................... Conditional Use Modification associated with the expansion of an existing Church. Water Service ............................ Existing on-site. Sewer Service ........................... Existing on-site. IV.A. The action before the Board is that of making a recommendation to the City Commission on a Conditional Use modification request and attendant sketch plan to expand the existing Community Primitive Baptist Church, pursuant to LDR Section 2.4.5(E). The subject property is located between NW 10th Avenue and NW 11th Avenue, approximately 250' north of West Atlantic Avenue (33 NW 11th Avenue). Modifications to Conditional Use Approvals are processed pursuant to LDR Section 2.4.5(E)(7). Modifications that involve intensity of use or hours of operation must be approved by the Planning and Zoning Board (as opposed to staff approval). If however, the Board deems that the modification is significant, then the modification must be heard as a new Conditional Use application, requiring formal notification, public hearing, and final action by the City Commission. Given the extensive nature of the changes associated with this conditional use modification, this request has been processed as if it were a new application. Thus, if the Board finds that the changes are significant, the request can be forwarded to the City Commission without delay. The subject property consists of Lots 12, 13, 27, and 28, Block 2 of the Atlantic Pines Plat, and is 0.66 acres. The property was formerly bisected by a 16'-wide north/south alley, which has since been abandoned by separate action. The portion of the property west of the former alley (lots 27 and 28) contains an existing 1,610 square foot church with a seating capacity of 48 with 17 parking spaces. The property east of the former alley (lots 12 and 13) is vacant and utilized for parking. At its meeting of May 10, 1976, the City Commission approved a conditional use and site plan for a 48-seat church on lots 27 and 28. On March 7, 1997 the Planning and Zoning Department approved a non-impacting site plan modification for a storage shed on the east side of the church. The properties to the east of the alley have not received formal approval for parking purposes. At its meeting on December 18, 2000, the Planning and Zoning Board recommended to the City Commission approval, with conditions, of a conditional use request for Community Primitive Baptist Church for the construction of a 2,819 square foot addition (4,429 square foot total) and an increase of the seating capacity from 48 to 113 seats along with associated parking and landscaping improvements. At its meeting of January 2, 2001, the City Commission approved the conditional use request with conditions. At its meeting of March 13, 2002, the Site Plan Review and Appearance Board (SPRAB) approved the Class IV site plan modification, landscape plan, and building elevations, and waivers associated with the development proposal. The site plan reduced the seating capacity to 100 persons and reduced the additional square footage to 2,123.5. On May 21, 2002, the City Commission approved an Planning and Zoning Board Staff Report Community Primitive Baptist Church - Conditional Use Modification Approval Page 2 extension of the conditional use modification which expired on November 21, 2003 and the site plan modification expired on August 13, 2003. Construction of the 2,819 square foot chumh addition has not commenced to date and site plan modification approval expired on August 13, 2003. The Planning and Zoning Board recommended abandonment of the north/south alley associated with the chumh proposal at its February 24, 2003 meeting. The City Commission approved the abandonment of the alley at its meeting of March 13, 2003 through Resolution No. 14-03. Since the previous extension for the conditional use has expired and the applicant desires to secure a conditional use approval, and new application has been submitted for conditional use modification to expand the existing church and is now before the Board for action. The proposal is to expand the existing church and incorporates the following: Increasing the gross floor area of the existing chumh from 1,610 square feet to 3,733.5 square feet (2,123.5 square foot net increase). The additional floor area increases the size of the sanctuary from a seating capacity of 48 seats to 100 seats, and provides for a new Fellowship Hall and restrooms; Demolition of the storage shed; Reconfiguration of the existing parking area on the south side of the church that results in six parallel parking spaces along the south side of the property and a new 28-space parking area on lots 12 and 13 to the east; The project narrative indicates that the hours of operation are Wednesday from 7:30 p.m. to 9:00 p.m. for preyer service; Thursday from 6:00 p.m. for choir practice; Sunday 9:30 a.m., 11:00 a.m. and 4:00 p.m. worship services, and, monthly business meeting on Mondays at 7:00 p.m.; and, Installation of associated landscaping. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: Planning and Zoning Board Staff Report Community Primitive Baptist Church - Conditional Use Modification Approval Page 3 FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of LD (Low Density Residential 0-5 units per acre) and is zoned R-1-A (Single Family Residential), thus the zoning is consistent with the FLUM designation. Chumhes or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities are allowed as conditional uses. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care unless approved separately as a conditional use. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Preliminary water and sewer plans have been provided indicating the following: Water service currently exists to the site via a two-inch main along NW 11th Avenue. Sewer service exists to the site via an 8" main that is located along NW 11~ Avenue. Adequate fire suppression is provided via an existing fire hydrant along the west side of the property which will be relocated to accommodate the driveway. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out, and is sufficient to service the proposed chumh expansion. The specifics of the public water and sewer utilities with respect to potential main extensions and connections will be addressed in further detail during the subsequent site plan review process. Based upon the above, positive findings can be made with respect to these level of service standards. Drainage: Drainage plans have been submitted indicating that drainage will be retained on-site via an exflltration system and swale area. At this time, there are no problems anticipated complying with South Florida Water Management District or Lake Worth Drainage District requirements. Thus, a positive finding with respect to this level of service standard can be made. Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Redevelopment Area. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic Planning and Zoning Board Staff Report Community Primitive Baptist Chumh - Conditional Use Modification Approval Page 4 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 the proposed church expansion will generate 20 Average Daily Trips (ADT). Parks and Recreation: Park dedication or park impact fee requirements do not apply to nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: Pursuant to Solid Waste Authority Guidelines, trash generated each year by the proposed 2,123.5 square foot addition (1.6 Ibs./sq.ft.) will be approximately 1.7 tons per year. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. Schools: As the subject property is located in the City's TCEA and the applicant is not proposing any residential components, this project is exempt from School Concurrency. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following policy is noted. Housing Element Policy A-12.3 - In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The existing church is located in an established residential neighborhood. The floor plan indicates that the expanded church will provide for a total of 100 seats. The construction of the formal parking area on the east side of the property will be an enhancement to this property since this area appears to be currently used as a nonconforming overflow parking area for the church. The landscaping associated with the formal parking area will aid in mitigating any conflict that may already exist with adjacent residential uses. The minor increase in traffic volumes to 20 average daily trips and the proposed traffic circulation will not negatively impact the surrounding neighborhood. Planning and Zoning Board Staff Report Community Primitive Baptist Church - Conditional Use Modification Approval Page 5 Also, there is not concern with respect to potential site lighting glare negatively impacting adjacent residential properties. A photometric plan has been submitted which demonstrates that site lighting glare will be retained on-site. Based upon the above, a positive finding can be made with respect to this Policy. Future Land Use Element Policy C-1.5 - The following pertains to the West Atlantic Avenue Redevelopment Area: "... The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan established 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..." West Atlantic Avenue Redevelopment Plan: The West Atlantic Avenue Redevelopment Plan addresses a variety of issues related to the target area. The plan contains a Redevelopment Site Plan for Block 2, Atlantic Pines Plat. The site plan anticipated a church parking area for the subject east parcel. SECTION 2.4.5(E)(5) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B= Nor that it will hinder development or redevelopment of nearby properties. The adjacent zoning districts are: R-1-A (Single Family Residential) to the north, east and west; and, R-1-A and GC (General Commercial) to the south. The surrounding existing land uses are single family residential homes. The commercially zoned property on the south side of the new parking area along NW 10th Avenue is undeveloped. As noted in the background section of this report, the existing church was approved and built in 1977. Since that time there has been no known conflicts with surrounding neighborhood that indicates that the church has had a significant detrimental effect upon the stability of the neighborhood or that it has hindered development in the area. As indicated in the analysis of the Housing Element Policy A-12.3, the development proposal should not negatively impact the safety, habitability and stability of the adjacent residential area. Based upon the above, a finding can be made that the proposed use will not have a significant detrimental effect on the surrounding neighborhood or hinder development or redevelopment in the area. Planning and Zoning Board Staff Report Community Primitive Baptist Church - Conditional Use Modification Approval Page 6 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed use will be in compliance with the Land Development Regulations. Along with the Conditional Use request, a Class IV site plan modification submittal is being processed and has been reviewed by staff. Based upon staff's review of the sketch plan and site inspections, several "Technical Items" were identified and transmitted to the applicant. Some of these items are listed below and attached in Appendix "A". These items will need to be addressed with the site plan modification and are attached as a condition of approval. Parking Pursuant to LDR Section 4.6.9(C)(6)(c), chumhes shall provide one (1) space for every three (3) seats provided in the sanctuary. Additional parking is not required for other uses on the church property when such uses are operated as part of, under the auspices of, the church. With the proposed expansion the sanctuary will house a total of 100 seats [20 pews at five (5) seats per pew]. Based upon the above, 34 parking spaces are required and have been provided. There will be 16 standard, ten (10) compact, six (6) parallel, and two (2) handicap accessible parking spaces. Right-of-Way Reduction: Per LDR Section 5.3.1, right-of-way dedications to meet minimum standards must be made with all developments. Pursuant to LD~ Section 5.3.,1(D)(2), the required right-of- way width of NW 10~and 11th Avenues is 60 and only 50 currently exists. For existing streets, the City Engineer upon a favorable recommendation from the Development Management Services Group (DSMG) may grant reductions in right-of-way width. The City Engineer and DSMG have reviewed the request for a reduction in right-of-way widths and have determined that the existing right-of-way width of 50' is sufficient for NW 10th and 11~ Avenues. Community Redevelopment Agency: The Community Redevelopment Agency recommended approval of the conditional use modification at its meeting on March 11, 2004. West Atlantic Redevelopment Coalition Board: The West Atlantic Redevelopment Coalition Board recommended approval of the conditional use modification at its meeting on March 10, 2004. Site Plan Review and Appearance Board: If Conditional Use approval is granted, the SPRAB (Site Plan Review and Appearance Board) will take action on the Class IV site plan modification. The site plan modification must accommodate the technical items identified in this report. Planning and Zoning Board Staff Report Community Primitive Baptist Church - Conditional Use Modification Approval Page 7 Courtesy Notices: Courtesy notices have been provided to the following homeowner's and civic associations: [] Gateway [] Poinciana Heights [] West Side Heights [] PROD (Progressive Residents of Delray) [] President's Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The conditional use request is for the construction of a 2,123.5 square foot addition to the existing church, the reconfiguration of the existing parking area on the south side of the church, and the construction of a new 28 space parking lot on the east side of the site. The proposed conditional use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations and a positive finding with respect to LDR 2.4.5(E)(5) (Conditional Use Findings) can be made. Furthermore, the proposed parking lot and church expansion was anticipated for this property and is consistent with the West Atlantic Avenue Redevelopment Plan. The Class IV site plan modification that is currently being processed must address the technical items listed in this staff report. Ac Continue with direction. Recommend approval of the conditional use modification request for Community Primitive Baptist Church, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the conditional use request for Community Primitive Baptist Church, based upon a failure to make positive findings with respect to compatibility. Recommend approval of the conditional use request for Community Primitive Baptist Church, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Planning and Zoning Board Staff Report Community Primitive Baptist Church - Conditional Use Modification Approval Page 8 Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That the Class IV site plan modification is in general conformance with the proposed site plan and addresses the technical items contained within this report and attached as Appendix A; 2. That the maximum seating capacity for the sanctuary is 100 people. Attachments: Appendix "A" Site Plan Landscape Plan Fumiture Plan Report prepared by: James Borsos, Planner Planning and Zoning Board Staff Report Community Primitive Baptist Church - Conditional Use Modification Approval Page 9 APPENDIX "A" Technical Comments 1. That the method of refuse collection and the screening of this area be noted on the site plan. 2. That the location and method of screening air conditioning units be noted on the site plan. 3. Pursuant to LDR Section 4.6.9(C)(1)(c)(3), a bicycle rack is required. Pursuant to LDR Section 4.6.9(D)(3)(c), a 20' stacking distance is required between NW 10th and NW 11th Avenues and the first parking space on the property for parking lots containing 21-50 parking spaces with access from a local road. The proposed site plan indicates that a 5'7" stacking distance is provided from NW 10th Avenue and a 13'7" stacking distance is provided from NW 11th Avenue. A waiver request should be submitted together with the $110 fee to reduce the required stacking distances. 5. The proposed site plan depicts an entry sign to be located in the right-of-way for NW 11th Avenue. Site improvements are required to be within one's own property, therefore, the proposed entry sign must be located on site. 6. Similarly, type "D" curbing is depicted to be constructed within the adjacent right-of- ways and is not permitted. Therefore, that improvement would also need to be removed from the proposed site plan. 7. Pursuant to LDR Section 4.6.14, a 20' sight visibility triangle is required and only 5'7" and 6'9' are proposed along NW 10th Avenue. Also, the safe sight triangles along both NVV 11th and NW 10th Avenue are improperly depicted and need to be corrected. The sight triangles are to be measured from the right-of-way line, not the street travel lane. In addition, any encroachments into the sight triangle need to be depicted, as well as any landscaping in the immediate vicinity. (previously a waiver was granted for reduced sight visibility triangles along NW 10th Avenue, if this is your intention again; a waiver needs to be requested again) 8. The NW 10th Avenue right of way dimension is not noted and needs to be on the plan. 9. The fence and gate along NW 10th Avenue needs to be moved to the interior edge of the landscape strip along NW 10th Avenue, and there needs to be a hedge along the street side. If the existing fence on NW 11th Avenue is to remain, it must be depicted on the plans. This fence should also be relocated and screened by hedges as it is not vinyl coated. 10. The gate along NW 10~ Avenue is specified, but the location of the gate is not depicted and needs to be, along with details of the proposed gate. Planning and Zoning Board Staff Report Community Primitive Baptist Church - Conditional Use Modification Approval Page 10 11 .The landscape buffer for a portion along the north property line is depicted as 2'4" and the landscape buffer at the southwest corner of the property is depicted as 3'2". Both of these areas are required to be 5' in width. A waiver request must initiated to reduce the perimeter landscape strip, which has a $110 application fee. Previously a waiver was granted for these reductions, and if this is your intention at this time, you will again need to apply for a waiver. 12.The previous approval which expired included three waivers: (1) for the stacking distance reduction, (mentioned in fl4 above); (2) for the sight triangle reduction along NW 10th Avenue (mentioned in #7 above); and for the landscape buffer reduction (mentioned in #11 above). If the intention is to have the same waivers apply to this submittal, application for the waivers needs to be submitted along with the required application fee of $110 per waiver. 13.The survey depicts the existing building to be located 26.9 feet from the west property line while the site plan depicts the building to be located 25 feet away. The site plan should be adjusted to be consistent with the survey dimensions. 14. The site plan specifies "alley right of way to be abandoned" and "new property line after alley abandonment", however, as noted above, the alley has already been abandoned and those notations should be removed. 15. The water main on NW 11th Avenue has been upgraded from 2" diameter to 8" diameter. The former is still indicated on the proposed engineering plans and needs to be changed. 16. Per LDR Section 2.4.3(B)(7), indicate the location of the nearest driveway or point of access of adjacent properties (including property across a street, which shares a common street with the subject property). If there are no driveways within 50', then they do not need to be shown; however, a note to this situation shall be provided. 17. Per LDR Section 2.4.3(B)(14), indicate the manner in which all utility services are to be provided to the site and individual structures. 18. Per LDR Section 4.6.9(D)(1)(d), handicapped accessible parking spaces are to be provided in accordance with the Florida Accessibility Code for Building Construction. The proposed access panel does not extend the full length of the spaces which it serves and needs to be extended. 19. The entire parking lot of perpendicular spaces should be shifted to the south by two feet to (1) avoid conflict between parked vehicles on the north and the proposed light poles; (2) to provide the required 5' landscape buffer along the north side of the parking lot (3) to provide the proper length for all parking spaces - currently they appear as 16' in length and are required to be 18' in length. Community Primitive Baptist Church Community Primitive Baptist Church ~III[ TO: THRU: FROM: SUBJECT: D,,~,~ A~IT¥ MANAGER PAUL DORLING, D~.~CTOR OF PLANNING & ZONING SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST MEETING OF APRIL '13, 2004 - REGULAR AGENDA REVIEW A REQUEST FROM HANDELSMAN YELLOW BUILDING f/k/a THE BLANK HOUSE FOR THE PURCHASE OF SIX (6) IN-LIEU PARKING SPACES Handelsman Yellow Building f/k/a the Blank House is located at 85 SE 6th Avenue on the northeast corner of SE 1st Street and northbound Federal Highway. The site currently contains a 2,137 sq. ft. restaurant with storage on the upper floor, an office building and an apartment building. The site plan approval of 1995 included a nine (9) space pea rock parking lot to be constructed on the southwest corner of the property. To date the parking lot has not been constructed. The applicant is seeking approval to replace the parking lot with a tea garden, provide three (3) parking spaces adjacent to the alley and purchase the remaining six (6) spaces pursuant to Land Development Regulations (LDR) Section 4.6.9(E)(3)(b)(2) at a cost of twelve thousand dollars ($12,000) per space for a total of seventy two thousand dollars ($72,000). This item was presented to the PMAB at the January 20, 2004 meeting and after significant discussion staff recommended a compromise of providing one (1) row of parking on the east side of the approved parking lot and converting the remaining west portion of the lot adjacent to SE 6th Avenue (Northbound Federal Highway) to a tea garden. The board tabled the request to allow the applicant to consider the recommendation. The applicant has chosen to proceed with the original site plan modification to eliminate the entire parking lot and replace it with a tea garden. While the adopted Downtown Delray Beach Master Plan discourages parking in the front of properties, provision of the parking is appropriate based upon the demand created by the uses on the parcel. While a 76 -space City parking lot abuts the property to the north, the parking lot is heavily utilized during the evenings and weekends and is a parking lot where employees of area businesses are encouraged to park. Staff recommended denial of the applicant's request based on the following: 1. The applicant's failure to meet required findings pursuant to LDR Section 4.6.9(E) that it is impossible or inappropriate to provide the parking on site, 2. The potential problems for the residents of the property competing for parking with the general public and 3. A reasonable compromise was offered which would drastically reduce the number of in-lieu parking spaces requested while providing the enhanced aesthetic value to this prominent intersection in accordance with the Downtown Master Plan. At their meeting of January 7, 2004 the Historic Preservation Board (HPB) tabled this request suggesting that the applicant demolish the existing office building at the northeast corner and provide the parking adjacent to the alley. At their meeting of February 4, 2004 the HPB approved the applicant's request in 4 - 2 vote (Miller and Sexton dissenting). The Parking Management Advisory Board at their meeting of March 23, 2004 recommended approval of the applicant's request in a 6 - 4 vote (Ramos, Poll, Sacharow and Lierle dissenting). Board discretion. Attachment: Propo.sed and Approved Site Plan ^ S.E. 1ST ST. PROPOSED VING 30.00' .| i ^ %.E. 1ST ST. 34' PAVING HANDELSMAN YELLOW BUILDING APPROVED SITE PLAN MEMORANDUM To: From: Date: Subject: David T. Harden, City Manager Joseph M. Safford, ~ Director April 1, 2004 Funding Approval Request- Glory Awards We would appreciate City Commission approval for $11,000 in up-front funding to the Community Neighborhood Helping, Inc. for the Glory Awards. This request was submitted in correspondence dated February 9th by Edith Thompson, Executive Director. Palm Beach County Commissioner Addie Greene approved funding this event in the amount of $11,000 in correspondence dated December 15, 2003. According to Ms. Thompson, the County is preparing an agreement at this time. This funding from Palm Beach County is a reimbursable grant and Ms. Thompson needs the up-front funding as soon as possible to prepare for the event. If your office is in agreement with this funding, please place this item on the April 13th agenda for City Commission approval. Thank you. Encl: Cc: Correspondence from Commissioner Addie Greene dated December 15, 2003 Correspondence from Edith Thompson, Executive Director of Community Neighborhood Helping, Inc. dated February 9, 2004 Edith Thompson, Executive Director Commissioner Addie Greene MaryAnn Young, Accountant II f COmmunity Neighborhood Helping, Inc, Programs That Touch Hearts in Delray Beach · Box 2133, Delray Beach, FL 33444 Phone: 561-279-9951 Fax: 561-279-9951 Email: edithmthomson@aol,com February 9, 2004 Mr. David Harden, City Manager City of Delmy Beach 100 NWIa Avenue Deiray Beach, F1 33444 Re: Glory Awards Dear Mr. Harden: We are now in the planning and audition phase of the Third Annual Glory Awards. We are thrilled to memion the Glory Award is growing. The Third Annual Glory Award will present opportunity to discover and enjoy the goodness and talent in our communities. We are praying, working, and rehearsing to share the heartwarming acts of kindness, and to capture the tree meaning of community. The Third Annual Glory Award will inspire anyone who believes in and strives for a better, brighter tomorrow. Pursuant to the advice and direction of the City Commissioners we request $11,000.00. The requested funds will serve as project seed money. We anticipate reimbursement to the City of Deiray Beach by October 2004, with grant funding approved by Palm Beach County Commissioners. If you have any question please contact Edith Thompson at 561-279-9951(office), 255-2668 (cell), E-mail edith310(~bellsouth.net or edithmthomson~aol, eom. We are looking forward to seeing you at the Third Annual Glory Award. ~espectfully, ~dR~ompson, Exec. ~ enel. (2) cc: (2) file (1) ADDIE L. GREENE Commissioner, District VII Palm Beach County Board of County Commissioners Governmental Center, 12~ Floor 301 North Olive Avenue West Palm Beach, Florida 33401 (561) 355-2207 Fax: (56l) 355-6332 South Office: Southeast County Complex 345 Congress Avenue Delray Beach, Florida 33445 (561) 276-1350 Fax: (561) 276-1365 agreene@co.palm-beach4'l, es December 15, 2003 Edith Thompson, Founder/President Community Neighborhood Helping, Inc. Post Office Box 2133 Delray Beach, FL 33444 RE: Funding Approval "Tire Glory Awards" "Adult anti Youth Recreation lh'ograms" Deaf,Mrs. Thompson: Tiffs is to serve as formal notification that I will contribute up to $11,000 from the District Vii Recreation Assistance Fund, 2003-2004, Budget towards the Glory Awa!'&smnd the A~dult and Youth Recreation Programs. As you know, this program operates on a reimbursement basis with certain criteria as previouslydliscussed. If you bave any questions, or need further assistance, please contact Gladys Whigham, my Administrative Assistant, at 561 276-1350. In addition, I am copying this letter to Susan Yinger, Grants Procurement Manager, who will initiate the contract agreement. I am certainly pleased to contribute to the Glory Awards and to .the Adult atLd Y~_outh Recreatio. n Programs components of the Community Neighborhood Helping, Inc. The implementation of these types of programs certainly enhances lhany lives and heighten cultural arts and recreational awareness. My very best wishes to you for continued success in all of your endeavors. Sincerely, Addle L. Greene, Commissioner Pahn Beach County Commission District 7 cc: Dennis Eshleman, Director, Parks and Recreation Dept. Snsan Yiuger, Program Coordinator/Contract Manager Glonj Award Third Annual Budget VENUE EXPENSES Fadlity ($2.00 x 5hrs.) Insurance Security ( $175 x 5hrsx 8) ADMINSTRATIVE EXPENSES Office expenses (paper,envelopes,tetephone, reneption) Gas and transpo*'tation OUTREACH/ADVERTISING/PROMOTION Fundraising,printing, publicity,ads, programs,name badges SOUVENIRS Mugs Keychains AWARDS TECHNICAL ASSISTANCE Custodians ($20 x 5hrs x3) Sound Tech Video Tech Photographers Venue Deoomtion ENTERTAINMENT FOOD SERVICE/CATERING MISCELLANEOUS PROJECT INCOME Ticket Sales (350x$20ea.) Souvenir Sale ( 200 pieces ~ $5.00) Ads Gold f~ll page- 4 ~ $500.00 Silver half page- 5 ~ $250.00 Bronzell4 page-lO {~ $125.00 Copper1/8 page-20 ~ $ 75.00 DONATION TOTAL: TOTAL: $ $ $ $ $ $ $ $ $ 1,000.00 586.00 1,400.00 250.00 150.00 3,000.00 300.00 400.00 4,000.00 300.00 700.00 2,100.00 1,000.00 750.00 $ 7,000.00 $ 1,000.00 $ 2,000.00 $ 1,250.00 $ 1,250.00 $ 1,500.00 $ 2,500.00 $ 16,500.00 rlTY OF I]ELA#Y BEfl[H CiTY ATTORNEY'S OFFICE 2°° Nw., ^VEN,~E-DEL.A'~.EAC., ~LO.IDA 334.4 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: April 8, 2004 TO: Writer's Direct Line: 561/243-7091 MEMORANDUM FROM: David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Skateboards In response to your email please find a draft of a proposed ordinance that addresses skateboarding at Veteran's Park and Old School Square. Flodda Statutes provide that skateboards are not allowed on roadways, however, they may be allowed on sidewalks. A local government may not enact any laws that allow skateboards on roadways, as that has been preempted by State Statute, however, local governments may enact laws that prohibit or otherwise regulate skateboards in other public areas. The proposed ordinance, if adopted, would allow our police officers to cite the person for an ordinance violation. You have asked whether or not we can confiscate skateboards. In order to confiscate the skateboard a hearing must be held prior to such confiscation, unless the skateboard was involved in criminal activity. Please call if you have any questions. cc: Barbara Garito, City Clerk ORDINANCE NO. 26-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND SAFETY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 132.09, "SKATEBOARDING AND THE LIKE PROHIBITED", TO PROViDE CERTAIN AREAS IN WHICH SKATEBOARDING SHALL BE PROHIBITED; PROViDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, skateboarding can cause damage to sidewalks, walkways, steps and other areas over which they traverse; and WHEREAS, skateboards have caused particular damage to the outside areas of Veterans Park and Old School Square; and WHEREAS, t he City Commission h as determined i t t o b e i n t he City's b est interest t o prohibit skateboards in these areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 132, "Offenses against Public Peace and Safety", Section 132.09, "Skateboarding and the like Prohibited", of the Code of Ordinances of the City of Delray Beach, Flor/da, be and the same is hereby amended to read as follows: Section 132.09 SKATEBOARDING AND THE LIKE PROHIBITED. It shall be unlawful for any person upon roller skates, skateboards, bicycles or riding in or by any means of any coaster, toy vehicle, play vehicle or similar device: With the exception of bicycles, to go upon any sidewalk along Atlantic Avenue between State Road A1A on the east and 1-95 on the west; all sidewalks, walkways, steps, gazebo, or any other improved surface located at Veteran's Park; all sidewalks, walkways, steps, stage area or any other improved surface located at Old School Square. (B) To operate said devices in a reckless manner on any public sidewalk. No person shall ride a skateboard or roller skate on a sidewalk without exemising due care for the safety of others using the sidewalk. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be and the same are Section 4. reading. That this ordinance shall become effective upon its passage on second and final PASSED AND ADOPTED in regular session on second and final reading on this the __ ,2004. day of ATTEST: MAYOR City Clerk First Reading Second Reading_ 2 rITY OF I)ELA;lY BEACH CITY ATTORHEY'S OFFICE POLICE LEGAL ADVISOR 1993 To: 300 W ATLANTIC AVENUE o DELRAY BEACH, FLORII)A 33444 TELEI'HONE 501/243-7823 - FACSIMILE 561/243~7815 POLICE LEGAL ADVISOR MEMORANDUM From: City Commission Catherine M. Kozol, Asst. City Attorney Via Susan Ruby, City At[orney Date: April 6, 2004 Re: Settlement offer - Ernesto Figueroa v. City of Delray Beach This case arose from an'arrest based on a 17 year old outstanding warrant out of Miami for Faustino Colon Figueroa. The arrest occurred on July 18, 2002. Mr. Figueroa's vehicle appeared suspicious to our officer. Upon running the tag on Mr. Figueroa's vehicle, he noticed there was an outstanding warrant on a person with the name of Figueroa. Mr. Figueroa returned to his vehicle, and was questioned by our officer who determined Mr. Figueroa matched certain identifiers given in the warrant. Our officer transported him back to the Police Department. He detained him for approximately and hour and a half to 2 hours and then released him. It was later determined that Mr. Figueroa was not the person mentioned in the warrant. We have now received an offer of $4,500.00 from the Plaintiffs' attorney, on behalf of his client, to settle this case with the City, inclusive of attorney's fees and costs. The City Attorney's Office and the City adjuster recommend acceptance of this offer. A prior settlement offer of $50,000.00 was previously denied by the City Commission. By copy of this memo to David Harden, please place this item on the April 13th City Commission agenda. If you should have any questions, do not hesitate to contact me or Susan Ruby. CC: David Harden, City Manager Barbara Garito, City Clerk Susan Ruby, City Attorney CITY OF DELRI:IY BEflrH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH AI4tmica City DATE: TO: FROM: MEMORANDUM April 6, 2004 David Harden, City Manager City Commission Terrill Pyburn, Assistant City Attorney Wdter's Direct Line: 561/243-7090 SUBJECT: Proposal for Settlement in Clara Outram v. City of Delra¥ Beach The City has received a third proposal for settlement in the above-referenced case. At the January 6, 2004 City Commission meeting, the Commission denied Plaintiff's offer of settlement in the amount of $37,499.99. At the February 3, 2004 City Commission meeting, the Commission denied Plaintiff's offer of settlement in the amount of $24,999.99 and approved a counter-offer in the amount of $7,500.00. The Plaintiff rejected the counter-offer. Recently, the City received a third proposal for settlement in the amount of $12,500.00. It has come to our attention that additional medical bills have been incurred. At this time, the City Attorney's Office recommends that the City accept the proposal for settlement contingent upon the receipt of appropriate releases. Please place this item on the April 13, 2004 City Commission agenda. Thank you. TCP:smk TO: FROM: SUBJECT: MEMORANDUM MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM #O~c-x-~_ ~REGULAR MEETING OF APRIL 13. 2004 APPOINTMENT TO THE NUISANCE ABATEMENT BOARD DATE: APRIL 9, 2004 Ms. Susan Kay was appointed as a regular member to the Board by City Commission on March 11, 2004 creating a vacancy for an alternate member. This would be for an unexpired term ending March 31, 2005. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisance on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appt/mted by an affirmative vote of at least four members of the City Cormmssion. The follovTmg have submitted applications and would like to be considered for appointment: John Bennett Bernard Federgreen Philip Friedman Jayne King Retired Attorney Operations Director Realtor/Financial Educator A check to confirm all are registered voters was completed; all are registered. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appcfmtment will be made by Commissioner LexCmson (Seat #3). Recommend appointment of one (1) alternate member with a term ending March 31, 2005. 1993 '20{}1 - CITY ~pp ilo in thc:Cit~ __ .. .submiacd. It will bc ~c 0~!.-! CITY CLERK JOH~ C. W. BECk. Err 137 SEAB~V. ZE AVENUE DELRAY BEACH, FL 33483-7017 COMMUNITY ACTIVITIES: Beach Property Owners' Association (Trustee 1999-present; Vice President 2001,2002) Progressive Residents of Delray (PROD)(Director 1999-present; Vice President 2000; President 2001-02 E.P.O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 1999-2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: 199S-present, retired attorney (U.S. Navy Judge Advocate) 1974-1995, naval officer with a variety of assignments involving law and policy 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL EDUCATION: Formal: LL.M., Law & Marine Affairs: University of Washington 1981 J.D.: Georgetown University Law Center (Editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 Continuing: Leadership Delray Beach 2002 PROFESSIONAL AFFILIATIONS: District of Columbia Bar (Inactive) American Bar Association American Society of International Law SPECIAL QUALIFICATIONS FOR SPECIFIC BOARDS NEIGHBORHOOD ADVISORY COUNCIL: Active for past several years in the affairs of my neighborhood association (Beach Property Owners' Association) · Active for past several years in broader issues of concern to neighborhoods throughout the City through membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community through service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF AD, FOSTMENT & NUISANCE ABATEMENT BOARD: · Extensive experience during my Navy career with applying regulations to specific cases. · Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising adjudicatory authorities. · Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 3. I.S_~i' gesidcncc~ ' / S~a~e Zip Code 4. P~ndpa] Business Address: ~ / State Zip Cod~ 5. Home Phone: Business Phone: F_~Ivhil Address: Cell Phone: Fax: 6. Arc you ~ registered roux?/,4~._..~_ I~o, ~vhcrc sro yon~rcgis~-c~ ~0. LJst an)' ~?.lated professional certifications and Licenses ~dxich you hol& ll.~Give your present, os most~q:cnt j~mployex, an~posidon;_ /~ ~'% ~. This aPPlicati°n will remain on file in 1 ~ Clerk's Or'ce for a pc~4od of 2 years fxom the clntc k was subrr~tt~d. It will bc the applicant's xg~'ponnl~ility to ensuz~ tl~t a cuzrent applica~on is on ~e. DELRAY BEACH 1993 .?.001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 7. ,W~at Bqard(s) are yg~nterested in serving? Please list in or, tier of preference. ~. ~ / 1~ Des~be ~p~en6es, s~s pr ~led~ w~ch q~ yo~ ~o s~e on ~ bo~d:,~lease a~ch ~ brief res~e) Ih~y ?e~'.%at ~>.e above sm~ments ~, ~e, ~d I mee ~d aas a ~a, ~y ~ssmtemen~f mate~ fac~ con~ ~flp~aoon may ~se foffd~re upon my p~ of~y .ppo~ent ~ m~y receive. SI~NA~ { ~ DA~ / Note: This application will remain on file in the City Clerk's Office for a~period of 2_v. ears from the date it was submitted. It will be the applicant's responsibility to ensure t~~on is on file. CITY OF DELRAY BEACH / BoARD MEMBER APPLICATION 1993 2001 F~ ~ , 5. H~c ~on*: Bu~ss Phon~ ~ lO. ~st ~y r~ted pmfesgo~ c~fi~fion~ ~ ~s ~ ~u hold: 11. G~e~prcs~ozmos~~d~fio~ ~ _ 0(.~ dl ~/ JJ / . . . · .~ -. ~ '. CITY CLERK MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~ C~ APPOINTMENT TO - REGULAR MEETING OF APRIL 13, 2004 THE PUBLIC EMPLOYEES REJ ,ATIONS COMMISSION DATE: APRIL 9, 2004 The term for Todd Jackson, a regular member classified as representative of employees expired on March 13, 2004. Mr. Jackson has served two full terms and is not eligible for reappointment. The term is for four years ending March 13, 2008. Pursuant to Section 35.032 (A) (1) (a) of the City Code of Ordinances; the Commission shall be composed of three members and one alternate to be appointed by the City Commission. Members of the local Commission established pursuant to this division shall be appointed so that the composition of the local Commission is as follows: One appointee who is a person who, on account of previous vocation, employment or aff~llation, is, or has been, classified as representative of employers; one appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employees or employee organizations; and all other appointees, including alternates, shall be persons who on account of previous vocation, employment or affiliation, are not or have not been classified as representative of employers or of employees or employee organizations. Neither the Chairperson nor any member shall be employed by, or hold any commission with, any governmental unit in the state or any employee organization while serving in that office. The appointee need not be a resident of the City of Delray Beach. The following have submitted applications and would like to be considered for appointment. Kfistin Christensen Philip Friedman A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Costin (Seat #1). Recommend appointment of one (1) regular member to the Public Employees Relations Commission for a term ending March 13, 2008. DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: l. LastName:,f~,L. I Name I~i.~-['/AI 2. Home Address: -t -~iW State Zip Cod~ 1 3. LeEl Residence: State Zip Code 5. Home Phone: Business Phone: E Mail Address: Ceil Phone: Fax: 6. Are you a re~srered ~oter? ~ Ifso~ wbem are you registered?~ 7. ~,, Board(s)are you imemsted in se~sng? Please ,st in order of preference: 8. List a~ Ci~ Boards on which you are currently sewing or have previously served: ~Iease include dates) 10. List any related professional cet-dficadons and hccnses which you hol~ 11. Give your present, or most recent employer, and position: .~ 12. Descdbe experiences, s~s or knowledge whch quahfy you to se~e on this board: ~lease attach a brief resume) I ~ I here~ cer~fy/~hat a~ ~ove statenSents are true, and I agree and understand that any misstate~ent of material facts co~/i~//~ ~ause forfeiture upon my part of any appointment I may receive. ~IL~g ~'- DATE Note: This application will remain on file in the City Clerk's Office for a Period of 2 years from the date it was submitted. It will be the applicant's responsibilli~. ~_' ~ tk'tgkDrent applicaUo,, is on de. MAR 17 01TY 0LgFIK Kristin (King) Christensen 17 Northeast Sixth Street; Delray Beach, Florida 33444 (952) 221-2580 (mobile); (561) 330-6422 (home) KRChristensen@bellsouth.net Professional Experience 07/99-08/03 Marchese and Associates Vice President Delray Beach, FL; MpIs, MN ~4chievements: Awarded National Sales Leader 2002 National sales leader first and second quarter 2003 · Raised 75% more revenue in '02 than closest ranking competitor within tim company. · Increased commission revenue by 30% from '01 to '02 in perhaps the most difficult market in the history of the financial services industry. · Developed loyal client base where 100% of clients produced repeating business. Established relationship and negotiated exclusive recruiting arrangement with a growing diviswn of the nation's largest financiaI services company (Citigroup.) Negotiated highest commissions paid to the firm for placement ofa financia[ services wholesale representative in 2002. Instrumental in building a sales team recognized as best in class by a national ranking agency. · Consistently recognized by clients as honest, loyal and prioritizing client best interests. Responsibilities: Developing client base. Accomplished through cold calling, referrals, networking and face to face meetings with prospective clients. Contract negotiations. Accomplished by demonstrating to new clients the value of recruiting services and structuring mutually beneficial fee agreements. Recruiting. Accomplished by selling candidates on the job opportunity by consultative yet persuasive approach. Travel. Maintained consistent face to face contact with existing and potential clients via routine office visits, extensive dinner and lunch meetings and regular industry conference attendance. Managing business within a business. Worked in a highly autonomous 100% commission structure successfully budgeting resources for continued growth. 06/96 - 07/99 Legends Cafe and Bar Minneapolis, MN Manager ('97 - '99) Bartender ('96-'97) Waitperson ('96-'97) Achievements: · Business revenue grew year over year. · Sales increased by over 200% during my years as manager. Education 09/95 - 01/97 Luther Seminary St. Paul, MN Presidential scholarship 09/91 - 05/95 Hamline University St. Paul, MN B.A., English. Magna Cum Laude. Elected Phi Beta Kappa, junior year. DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: Are you a registered voter? If so, where ~re you re~is~;eae, d? 7. ~W~at~Bqard(s) are y~nteres[ed m *e~g? Please nst ~ o~der of pref~renc~ ' 8. ~st ~ C g' Boards on which )~u~re currently s~g or have pre~ously se~ed: ~lease ~clude dates) / 9. E~ucafion~ unifications: 10. ~st ~y related profession~ ce~ficafions ~d ~censes wNch you hold: . ~ your pres~nh os mpst recent employer~d posifipn: / n~ l~Dessfi~e ~xp~en~e~ s~spr~owledge wNch ~ yo~ ~o se~e on 9s bo}rd:,~lease amch ~ brief res~e) , h~ 5e~] %= q~.e a~ow s=~men=.=e =e, ~d I ~ee =d =de~s=d ~at =y ~ssmtemen~t mate~ fac= c ,n~ ~/~=uon may~se foffd=re upon my p~ of ~y appo~=ent I mgy receive. 5 Pt rem~an on iii.e, in the City Clerk's Office for a_period of ,2.lre. az, s from the date it was submitted. It will be the applicants responsibility to ensure t~~4~on is on file. FI/~Y 3 O 2003 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM #~- REGULAR MEETING OF APRIL 13, 2004 APPOINTMENT TO THE HISTORIC PRESERVATION BOARD DATE: APRIL 9, 2004 Due to employment with a new company, Mr. Keavney has taken on new responsibilities with a heavy workload. Mr. Keavney feels he is not able to fulfill his obligation to the Historic Preservation Board at this time and is therefore submitting his resignation creating a vacancy for an unexpired term ending August 31, 2004. To qualify for appointment, a person shall be a resident of, own property, own a business or be an officer, director or manager of a business located within the City. In addition, and providing there are applicants, the City Commission shall appoint professional members from the fields of architecture, landscape architecture, history, architectural history, licensed contractor familiar with restoration, planning, archaeology, or other historic preservation rdated fields such as design, urban planning, American studies, American civilization or cultural geography. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. The following applicants would like to be considered for appointment. (See Exhibit "A") A check for code violations and/or municipal liens was conducted. None were found. Voters' registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Costin (Seat #1). Recommend appointment of one (1) member to the Historic Preservation Board for an unexpired term ending August 31, 2004. HISTORIC PRESERVATION BOARD APPLICANTS EXHIBIT "A" The following individuals have submitted applications for consideration: Jose Aguila Shane Ames Ron Brito Reginald Cox Maura Dersh Joe Farkas Gerald Franciosa Philip Friedman Linda Lake Pearl Bunny Markfield Eh:od Dale Miller David Redelhe'ma Michelle Reich Samuel Resnick Michael Sn(lderman Andrea St. James Ronald Sullivan (currently serving on Board of Construction Appeals) (currently serving on Board of Construct/on Appeals) (currently serving on Board of Adjustment-term ends 8/04) (currently ser~mg on Board of Adjustment) Page 1 of 1 Schell, Karen From: James Keavney [jimk@quincyjohnson.com] Sent: Monday, March 29, 2004 8:10 AM To: Schell, Karen Subject: Historic Preservation Board Letter March 26, 2004 Dear Karen Schell, I am writing this letter to inform you that I have begun employment with Quincy Johnson Architects & Associates, Inc. approximately 4 months ago. I have taken on new responsibilities with my employment and due to my new work schedule, I have been unable to attend some of my recent Historic Preservation Board meetings. Many of the past H.P.B. meetings I have attended is on account of a few decisions to cancel job related meetings, which would have overlapped my H.P.B. meetings. Unfortunately, I need to concentrate my efforts on my professional job. I have talked with Wendy Shay regarding this and she mentioned that I would be able to keep my resume on file. I know that my position will be up for reappointment in August, 2004. I would like to keep my resume on file for this Board or any other City of Delray Beach Planning Board, in case my work schedule slows down. I have thoroughly enjoyed working with Wendy Shay as well as all the members of the Historic Preservation Board. Please don't hesitate to call me regarding this issue. Thank you, James Keavney 3/29/2004 PHI]lIE 110. : ~.~,1 243 8184 lu,-,. 17 2C~2 02:55PH F'2 CITY OF DELR~Y BEACH ~fC/;/*C~9L BoA~o MEMBE. APeUCAT,O,,, Zip Coa~ Zip Code !1 G;.vC v°u~ ptesenL o~ most recent ~mploye:, and position: JOS~= N. AGUILA, A.I.A., NCARB AR 0015349 Home 800 SW First Court Boynton Beach, Florida 33426 (561) 737-8894 O~fice 134 NE 1st Avenue Delray Beach, Florida 33444 (561) 276-4951 QUALIFICATIONS EDUCATION CERTIFICATIONS MEMBERSHIPS WORK EXPERIENCE PAST BOARD MEMBERSHIP Registered architect with over twenty years of architectural and construction related experience ranging from residential to large scale commercial and governmental projects, with proven abilities in production, project management and construction administration in both public and private sector. Bachelor of Architecture Florida A&M University, t988 Bachelor of Science in Architectural Studies Florida A&M University, 1981 Florida Registered Architect Member American Institute of Architects National Council of Architectural Registration Boards June '99 - Present, Project Manager/Architect, Robert G. Cun'ie Partnership, Inc. March '98 - June '99, Senior Construction Manager, O'Connor & Taylor, Inc., General Contractors. September '93 - March '98, Construction Manager/Architect, City of Delray Beach. March °83 - September '93 Currie Schneider Associates AIA, PA. Delray Beach, Florida. Associate, Project Manager. Boynton Beach Building Board of Adjustment and Appeals Boynton Beach Planning and Zoning Board Boynton Beach Downtown Review Board Boynton Beach City Commissioner/Vice Mayor Boynton Beach Community Redevelopment Agency Palm Beach County Municipal League Treasure Coast Regional Planning Council Boynton Beach Planning and Development Board 06/13/03 l:~I 12:56 FAT 561 243 3774 CITY CLERK 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~1oo2 Pie.se ~ o~ p~"~t d~¢ followh~ RECEIVED JUN 1 3 2003 OITY CLERK WE WELCOb'IE YOU TO EXP~ERIENCE Ab'lES DESIGN INTERNATIONAL Shane Ames, multi-talented, creative and a Florida hcensed Designer and Architect, formed Ames Design Intemational in 1985 with his business parmer, Maria Dechantsreiter. The firm has enjoyed tremendous success ever since, contributing approximately a b:illt'on dollars to the industry via the construcfon of luxurious, single family homes. We were involved in the documented renovation of a historic house located in the PROFESSIONAL HISTORIC PARK DISTRICT, Del-Ida Park in Delray Beach, Florida. This gem became the home of our new offices in December 1996. Once completed, it was induded in the Delmy Beach Historic Society Homes tour. Shane Ames specialiTes in very high-end custom designed residences.. His work has been featured in most of the leading architectural magazines such as FLORIDA ARCHITEC~IIIRE, UNIQUE HOMES and PROFEBSIONAL BUll.DER, just to name a few. One of the models he designed, "THE WESTBAY," won five awards at the coveted "Pinnacle Award for 1990" ceremony at the Crocker Center in Boca Raton for BEST' ARCH1TECq'URE, BEST MODEL, BEST INTERIOR DESIGN and BEST LANDSCAPING. Shane's work for Interior Merchandising won the PRISM GOLD AWARD in 1995 for the midrise, "La Sanctuaire.' We are proud that the popular national magazine, FLORIDA DESIGN, has given us recognition via an unprecedented gO-page coverage on two of our unique single family residences in the Boca Raton area in their Winter 1995 issue (Vol. 5, No. 3), a feature in their Summer 1997 issue (Vol. 7, No. 2). We were featured again in the Winter 2000 issue (Vol. 10, No. 4), and recently in the Spring 2001 issue, giving us special prominence via an 18-page article publicizing two of our homes. Shane and his handpicked staff serve an international clientele who demand the best in dramatic and sophisticated house design. Shane's impact upon the architectural beauty of South Florida is evidenced by the several thousand residential designs in all the leading and prestigious Yacht, Golf and Tennis Country Club Commtmitie~, as well as Oceanfront and Intracoastal areas. -2- Shane designed the original Sales Center in the luxurious St. Andrews Country Club, and continued with creating some of the most duplicated and sought- after models named "ARLINGTON," "HAMILTON," later renamed "OAKBROOK,' "MANCHESTER," "BARRINGTON,' and "MANSFIELD." Shane designed about every fourth residence in the St. Andrews Country Club. We 'take you from your initial consultation through to the production of architectmM plans, detailed interior drawings to securing the highest quality builder best suited to construct your home. We are committed to providing personal attention to all phases. WE WELCO~'IE YOU TO EXPERIENCE AMES DESIGN INTERNATIONAL HOMES IN FLORIDA SANCTUARY, BOCA RATON SUN & SURF CLUB, BOCA RATON ST. ANDREWS COUNTRY CLUB, BOCA RATON BOCA BATH & TENNIS CLUB, BOCA RATON WOODFIELD COUNTRY CLUB, BOCA RATON WOODFIELD HUNT CLUB, BOCA RATON THE SEASONS;"BOCA RATON BOCA RATON POLO CLUB, BOCA RATON BOCA GROVE PLANTATION, BOCA RATON BONIELLO'S ACRES, BOCA RATON LES JARDIN, BOCA RATON LONG LAKE ESTATES, BOCA RATON LE LAC, BOCA RATON BOCAIRE COUNTRY CLUB, BOCA RATON OLD FLORESTA, BOCA RATON BOCA HARINA, BOCA RATON HORSESHOE ACRES, BOCA RATON ENCANTADA, BOCA RATON' FOX LANDING, BOCA RATON ROYAL PALH YACHT & COUNTRY CLUB, BOCA RATON STONEBRIDGE COUNTRY CLUB, BOCA RATON EAGLE TRACE, CORAL SPRINGS THE HAHLET, DAVIE STONEBROOK ESTATES, DAVIE SUNSHINE RANCHES, DAVIE FOX CHASE, DELRAY BEACH LAS PALHAS, DELRAY BEACH HIZNER COUNTRY CLUB HIZNER'S PRESERVE, DELRAY BEACH DELRAY DUNES, DELRAY BEACH DELRAY OCEAN ESTATES DELRAY GOLF & COUNTRY CLUB, DELRAY BEACH DELRAY ESTATES, DELRAY BEACH STONE CREEK RANCH, DELRAY BEACH SEAGATE, DELRAY BEACH THE HAHLET, DELRAY BEACH TROPIC ISLE, DELRAY BEACH ADDISON RESERVE, DELRAY BEACH BARCELOHA ISLES, FORT LAUDERDALE CORAL ISLES, FORT LAUDERDALE DAWSON'S POINT, FORT LAUDERDALE NURHI ISLES, FORT LAUDERDALE ISLES OF PALH, FORT LAUDERDALE SUNRISE KEY, FORT LAUDERDALE EXOTIC ESTATES, FORT LAUDERDALE GREY OAKS GULF STREAH HARBOR BEACH, FLORIDA -HIGHLAND BEACH ROYAL COVE AT BOCA HIGHLANDS, HIGHLAND BEACH HOLLYWOOD OCEAN WALK, HOLLYWOOD BEACH HYPOLUXO ISLAND BALLEN ISLES, JUPITER JUPITER INLET BAY, JUPITER ANGELFISH CAY, KEY LARGO LANTANA LIGHTHOUSE POINT MANALAPAN GOLDEN BEACH, MIAMI PINECREST, MIAMI GABLES, NAPLES (~UAIL WEST, NAPLES (~UAIL CREEK, NAPLES ROSEMEAD AT WYNDEMERE ESTATES, NAPLES WlNDSONG HARBOR, NORTH MIAMI BEACH HIDDEN KEY, NORTH PALM BEACH OCEAN RIDGE DUNES OF OCEAN RIDGE, OCEAN RIDGE PALM BEACH HARBOR ISLES, PALM BEACH PALM BEACH POLO CLUB, PALM BEACH CASA DE MARBELLA, PALM BEACH GARDENS J.D.M. COMMUNITY, PALM BEACH GARDENS FRENCHMAN'S CREEK, PALM BEACH GARDENS MIRASOL, PALM BEACH GARDENS SAN MICHELE, PALM BEACH GARDENS CYPRESS HEAD, PARKLAND IN THE PINES, PARKLAND PINETREE ESTATES, PARKLAND BEL AIRE AT GRAND PALMS, PEMBROKE PINES SUNSHINE ACRES, PLANTATION LONGBOAT KEY, SORASOTA LAUREL OAK, SARASOTA PRESTANCIA, SARASOTA PEBBLE BEACH, SARASOTA SINGER ISLAND WILLOUGHBY COUNTrRY CLUB, STUART STILWELL ISLES PROSPECT PARK, TE(~UESTA EQUESTRIAN CLUB, WELUNGTON WELUNGTON BREAKERS WEST, WEST PALM BEACH EGRET LAKES, WEST PALM BEACH WESTON HILLS COUNTRY CLUB, WESTON 4 OTH ER STATES TH ROUGHOUT TH E U.S.A. LAHONTAN, CALIFORNIA ASPEN, COLORADO BEAVER CREEK, COLORADO DENVER, COLORADO CHICAGO, ILUNOIS L'ESPRIT, LA GRANGE, KENTUCKY WARDS POINT WEST, NORTH CAROLINA HARION, OHIO BATAVIA, OHIO CITY OF LAKEWAY, TEXAS VIRGINIA BEACH, VIRGINIA INTER, NATIONAL LOCATIONS. FREEPORT, BAHAMAS NASSAU, BAHAMAS LYFORD CAY, NEW PROVIDENCE, BAHAHAS OCEAN CLUB ESTATES, PARADISE ISLAND, GRAND BAHAHAS ST. JOHN, U.S.VIRGIN ISLANDS ST. THOHAS, U.S. VIRGIN ISLANDS CURACAU, NETHERLAND ANTILLES ST. MAARTEN, NETHERLAND ANTILLES WOODBRIDGE, ONTARIO, CANADA QUEENSTOWN, NEW ZEALAND LUGANO, SWITZERLAND HONACO, PRINCIPALITY OF HONACO COMlq£RCI^L PROJECTS IN FLORIDA Health Spa & Massage Center, Boca Raton A. State-Of-the-Art Dental Office Fat~ty, Boca Raton A State-Of-the-Art Veterinary Clinic, Boca Raton A 34-1mit Townhouse Complex in Deerfield Beach 100 Quadraplex Units in Boca Raton Affordable Communal Living Facilities possibly located on Disney World Property in Orlando Award winning "Casa La Brisa' 5-unit Courtyard Town Villas with individual pools in Delray Beach (off Atlantic Avenue) "Seagate," a 14-unit Town Villa Complex in Delray Beach 12-stor~ Townhouse Condominium Complex in Highland Bead~ 10-unit, Five-Star Condominium, Via Marina Courtyard Townhouses, with docks on the Ina~acoastal Waterway in Delray Beach Another award winning Multi-Family Bermuda Style Courtyard Townhouses, "St. George's Landing" in Delmy Beach "Place Des Arts," a 5-sto~y luxury Condominium on Henddcks Isle, Fort Lauderdale Two Video Warehouse Concept Stores in Delray Bear~ and West Palm Beach Three "HaircolorXpress' Beauty and Hair Salons in Lighthouse Point, Margate and Coral Springs The Amadeus Gourmet Bis~o, Pompano Beach Tuscan Wine & Pasta Shoppe, Pompano Beach Two uniquely designed Card Shops, one in Wind Song Harbor, North Miami Beach and the other in Ocean Walk, Hollywood Beach A 5-story Luxury Hi.h-Rise named "The Renaissance at The Oceans Edge" in Dekay Beach Architectural Design for many of the "Aragon" Luxu~ Condominiums in Boca Raton Architectural Design of a two-story 4-unit Penthouse at the "Toscana' Lux~ Condominium in the Sky, Highland Beach Luxury 2, 3 and 4-story Townhouse Complex Resort, plus custom single family homes in "Gardens at Highland Beach," Highland Beach Elevations and Floor Plan Redesign and Renovation of"The Estua~ Luxury Townhouses on the Intracoastal Waterway in Delray Beach Renovating and Redesigning an existing Office Building in the heart of Downtown Delray Beach mw LtLx'x~ Mini-Apartments. Renovation Design for the Sheraton Four Points Hotel in Pompano Beach Design of Elevations and Floor Layouts for the Hampton Inns Hotel Chain State-Of-the-A~t "Pearle Vision" Eye Center in Boca Raton, #1 in the nationwide chain A family oriented total Resort Hotel with a Dinner Theatre and Shops designed with conversion to Casino in mind, Orlando Area. Renovation of the "Helen Wilkes Hotel" in West Palm Beach 2 COlqlvlERCIAL PROJECTS - NATIONAL ~ INTERNATIONAL Bahamian Resort in the Bahamas Unique Bed & Breakfast Concept Resort to be marketed nationwide 3 Mar 29 O4 O4:O3p Enterprise Contractors 03/2g/04 MON 11:37 FAX 581 243 3774 CITY CLERK ~561)279-0335 OF BEACH CITY DELRAY BOARD MEMBER APPLIcATIoN 1993 2OO1 I~ooz Ph~s. t',rpe o,' p,:/m a.c foUowiaA PI unam on 6lc in '"'e City Cl~k's Offic~ for a pm:iod of 2 ~ ~orn thc dat~ it ,ataz submlrt~_ 'It ~ ~ thc ~pplicant'~ x~'~pem,-3'A6ry to ,~n.sum that a ~,,~i applica,4on i* on ~lc. RECEIVED HAR 2 9 2OBi' CITY CLERK Mar 29 04 04:03p Enterprise Contractors ~561]279-0335 p.3 RON BRITO, GENERAL CONTRACTOR 198 S.E. 27~ Avenue Boynton Beach, Florida (561) 441-1767 WORK HISTORY: 1965 - 1979 Fourteen years as a framing and finish carpenter in Riverside, San Bernardino and Laguna Beach, Cali~brnia. Production.framing on several multi-family complexes, housing tracts, and high quality custom finish work Seven years as Carpenter, t~4,o years as Leadman, five years ax Foreman on new residential and comntercial projects, as well as' renovation.v and remodeling. 1979- 1985 LICENSED BUILDING CONTRACTOR/CALIFORNIA Lic. B-388997 Spent five years subcontracting and running framing, siding, trussing, floor joisting, and stair installation on multi-family complexes.from large contractors. During this' time, I contracted new singlerfamily homes, additions, remodeling, commercial roqfing, and commercial tenant improvements 1983 - 1985 Job Superintendent on custom housing in the Nashville, Tennessee area for one year. Subcontracting framing, trussing, and siding jobs for the next two years. 1986 - 1989 LICENSED GENERAL CONTRACTOR/FLORIDA Lic. CGC-047369 Worked at "The Township" as Punch-Out Foreman for one year. Worked for Davtd Jones Construction at Gleneagles, Polo Club as Lead Carpenter and Foreman for one year on 32 eight-plex wood ~[bame multi-family units. Worked for Davis Brothers as Superinlendent on Brighton Lakes in Boynton Beach, building 36 wood-frame duplexes. Constructed custom housing./bom Manalapan to St. Andrews, Boca Raton. Received General Contractor%' License in February 1989. 1989 - 1991 LICENSED GENERAL CONTRACTOR/U.S. VIRGIN ISLANDS Lic. 2-01392-92 Traveled to St. Croix qfier Hurricane Hugo .for 5 days to bring supplies and hctp restore power and water to unitr of condominiums./bt a friend. Agreed to come back to restore two houses. Restored fburteen residences, two commercial buildings and six rental units. Also completed work in St. Thomas and St. John on custom homes. Acquired General Contractor's License in the Virgin Islands in February [ 990. Returned to Florida in July qf 1991 and began new additions and remodeling projects. After Hurricane Andrew, [ opened a .field qffice in Miami Jbr restoration work. My Miami completed 16 residential restorations and about 32 roqfing prq/ects. Har 29 04 04: 03p Enterprise Contractors ~5G1)279-0335 p. 4 RON BR1TO, GENERAL CONTRACTOR Page 1992 - 1993 Was asked to take over operations of Falkav Construction as General Mgr. and to qual~[p the company. Falkav Construction was, at that time, under contract with the City of Delray Beach ./bt' the new Tennis Center (2 5 million-dollar contracO and was engaged in school prrtjects Jbr districts .from Lake Wot-th to Miami-Dade Caun.ty. Although, al?er a thorough research, [ decided not to qualify Falkav, ! brought the Delray Tennis Center to substantial completion in time.for the Virginia Slim Tournament, and all of the school jobs were in line. i 994 - present Owner and President, Enterprise Contractors, [nc Enterprise has completed many local residential and commercial projects since it's inception, including new construction, additions, remadeling and historical renovations (such as the Sandoway House Nature Center in Delray Beach). In August 199~, l was appointed to the Construction Board of Appeals in Delray Beach, attd 1 was the Board's Director.Iht a 2 year term. I'm still serving on the Board for 2003 to 2005 PERSONAL HISTORY: [ am 57 years old, married, and have four children. I have two years q/-college, majoring in Business Management. I am an active member af my church (SDA), where I have been a Deacon for 14 years and am currently a Sabbath school teacher for young adults. 1 also sit on the Church's Building Committee. 1 own a home in Boynlon Beach, where my~mily has lived .]br 19 years, and 1 am a member of the Architectural Review Board.[bt the Vernon Heights Property Owners' Association. I am also a lB-year member of A.A. and am active on several committees. Tennis, surfing, and jogging are my favorite pastimes. t~ 243~774 · ;JJl~! c~ o; r~m,m~v BEAC. BOARD MEMB~ APIaUCATiION 002/002 CITY CLERK REGINALD A. COX 407 East Coral Trace Ca'cie Delray Beach FL 33445 (561-266-5748) Objective: To obtain a p~ition in a construction or related organization focusing on architectural, construction, business or related management or instruction. The environment should encourage professional development and offer career advancement opportunities. HIGHLIGHTS OF QUALIFICATIONS · 12 years diversified experience in Amhitecture, Civil Engineering, Construction Management, and Surveying/Mapping. (6 years architectural specific.) · Ability to prioritize, delegate, and motivate. · Quick learner, thrive in a dynamic, challenging environment. · Work cooperatively with a wide range of clients. RELEVANT EXPERIENCE & ACCOMPLISHMENTS Construction Documentation · Associate Degree Drafting and Design Technology, Palm Beach Community College, 1990 · Recognize and understand drawings/symbuls from architectural and engineering drawings. · Oversaw, updated, and maintained civil engineering systems drawings for the City of Delray Beach Environment-tl Services Department for four years. · Successfully completed architectural construction documents for educational, office, residential, commercial, and retrofit projects over the last nine years. · Analyzed and interpreted legal descriptions to produce digital surveys, maps, and resource planning boundaries. Conservation and Recreation Lands Program (CARL), Florida Dept. of Env. Protection · Production Team member for several commercial, office, and educational facilities in Central Florida. · Performed construction documentation review for compliance with municipal, state, and national bdilding codes. · Perform structural building inspections for residential and commercial faciLities. · Perform shop drawing review for multiple educational, mercantile, and business facilities. Administration/Management · Responsible for training and overseeing drafting technicians in ~he production of working drawings for multiple commercial projects. Sverdrup CRSS, 1998-2000 · Successfully managed various architectural projects, with budgets over $1,000,000 from preliminary design through construction documentatiom · Responsible for reducing construction document phase by 50% on 45,000 SF mercantile projects. · Monitored and reported cost infomtioa to area engineers and architects for cost control data and collected information for specific discipline. Bechtel, 1992 · Administered subcontract procedures, as applied to lower-der subcon~xactors, Bechtel 1993 · Produced spreadsheets as required for submittal, inspections, and hoisting and rigging as pertaining to subcontracts under the U.S. Depatnment of Energy prime contract. Bechtel 1993 · Oversaw and directed FAMU-NOMA administrative functions for three years. (1993-1996) · Developed division of responsibilities and standing committees · Developed and supervised organizational budget. · OrganiTod key personnel towards establishing a Florida chapter of the National Organi?afion of Minority Architects (NOMA). (lvlay 1999) Computer Skills · Responsible for updating computer hardware and software, working as office liaison for computer problems. Office of Environmental Services, State of Florida · Over eight years diversified experience using AutoCad (Release 9-14) · Completed course in Advanced PC Troubleshooting. (June 1996 Essential Seminars) · Competent user of a variety of software which include MicroStation, Microsoft Word, Excel, Outlook, CorelDraw, WordPerfect 7.0, ArcView, Novell GroupWise, AS400, and Auto Architect. Page two REGINALD A. COX WORK HISTORY Nov'01 - Project Coordinator Oct '00 - Nov'01 Plans Examiner 1I Aug '98- Oct '00 Project Architect Nov '97- Aug '98 Project Architect May '97-Nov'97 Intern Architect Sep '96-Feb '97 Architectural Drafting Dec '95-May '97 Engineering Technician III Aug '93-Dec '95 AutoCad Operator May '93-Aug '93 Subcontract Technical Rep. Jan '92-Aug '92 Field Technician Jun '86-Dec '91 Draftsperson Fanniag/Howey Associates, West Palm Beach City of Defray Beach, Delray, FL Sverdrup CRSS, Orlando (Jacobs Eng. Group) Stottler Stagg & Associates, orlando Hunton Brady Pryor Maso Architects, P.A., Orlando Goodwin-Goodwin and Associates, Tallahassee State of Florida-Office of Envffonmental Services State of Florida-Bureau of Survey and Mapping Bechtel Construchnn-Aiken, SC (SRS) Bechtel Constmction-Aiken, SC (SRS) City of Defray Beach-Environmental Services Dept. EDUCATION Master of Business Administration, - UNIVERSITY OF PHOENIX, 2001 Bachelor of Architecture - FLORIDA A&M UNIVERSITY, 1997 Bachelor of Science, Architectural Studies - FLORIDA A&M UNIVERSITY, 1995 Associate of Science, Drafting/Design Technology - PALM BEACH COMMUNITY COLLEGE, 1990 Associate of Arts, Education - PALM BEACH COMlvIUNITY COLLEGE, 1991 REFERENCES Dr. Richard Dozier, NOMA, AIA - Professor of Architecture, Florida A&M University Roy F. Knight, AIA - Past President Florida Association of the American Institute of Architects Roland Udenze, AIA - Past President orlando AIA Dr. Greg Brock, Environmental Administrator, Division of State Lands FDEP 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION - 'Please ~ o~ pz~t the fono~F; izzfo~don: 1. Last Name: Name M. l~j 2. Home Address: ~SJ::~[-~ J I City State Zip Code 3. Legal Residence: City State ZiP Code 4. PrLncJp~l Busings Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Are you a reg/stered voter? "1"~ If so, where arc you registered.) 1Z>~,$2_1~'-[ ~_,/a 7.. What Board(s) ate you interested in serving? Please list in order o£ preference: 8. IJstallCie)'~oard~on'~ich),ou'axe ' ' ' ' ' (Pleaselncludcdates) curready serving or have ptemously served: 9. F_..dueadona] qualifications: 10. ]J. st ~'~y ~¢la~ed professio~ ce~fic~do~s and llce~e~ -,d'dc~ you ~old: 11. Give your present, or most recent employer, and posidom PO~ [[IOM; [:~. t~) 12. Describe experiences, sk~ or knowledge which qualify you to scr~-e on this board: (Please attach a brief rcsmme) I hereby cemfy ~hat ~11 the above statements ~e cmo, ~:l I agree and unders~nd that a~y misstatement of material facts Note: This applJcauon ~ remain on file m d~e City Clczk'~ Ofriec £E~ l~/'~ ICift2~c~-~[* f~o~,~ d~ a~,¢ ,, ,~-~ ~ubm~red. Jt ~fl be me apphcmt~r~pOn~lom~, m ~x~c uJ~t~ ~ 1. on ~c NOV 2 2003 I~ROFESSIONAL EXPERIENCE: Dive~se experience ill all ~ of Design and Project manageme~r, from initial program v-view prepamt/on of punchlist Mat~ 2001- Present- Robert G Cra'cie p~rmcr~hip, Delray Beach. Florida Project M~-~gcr Rezponzibl¢ for all aspects of project. o Site and bRilding design including applicable code xcsearch C.o~rdination with clients, consuhams and contractors Prod~fion of conlract documents and speoificatons · ConsUuc~don admistration Proj~'ts; SL Andrews Co~mtry Club, Duvall Place Condimiunmms. Village Grande Condimiunmms. Miami Fire Station #2, D¢lray Playhrms~--Chilclrens Theatre lone 1998- lanuary 2001- IIt'OlVIAS PO]PIg, PA., Key We~c Florida Project Architect Projects: Hyatt Key Wester, 620 Southatd StreeL Brym~ Residence Truman Annex. Headrick Residence 901 Flaker, Woods Residence, Powell Point Bahmnas, Radisson Hotel September 1997q~ay 1998-WYL~ND ART GALLERY. Key West Florida Art Consultant~Sales'petvoon ASsi.q~l manager with ~mining October 1995-April 199% LIZ CLAIBORNE ][nc., New York City, New yonk Se. tfior Project Designer/Manager Corporate Respons~ili .w for all offic.~ showrooms & special projecm October 1991-Seplcmber 1995- LIZ CLAIBORNE lac,, New York Ci~, N~ Yo~ R~nm~le ~r New York Ci~ m~d Re~o~ offi~, showr~m~ o~ & ~i~ pro~s Hel~ lo d~lo~ C~ ~ng smdar~ ~d ~ ~ng Amid Projects: Atlanta Apparel Marl Showrooras and office~ Nc'~' jerr, ey ~rall offices. Corporate retail display Ptesemtation. New York Showrooms and offices for V-fllager, Crazy Home, Dresses and Collec6on Stadio April 19~5-Scptember 1991- Desigaer~ Fore Ltd., New York City, Hew York May 1984-1Vlarch 19115-Met,sky & Z. ackerman, Verona, New IersCy lane 1983-May 1984- JS Ramdolph Associates, Hackensack, New Jarsay ~luc~iom New Je~ey Schonl ~f Architecture ~ NC~ N~ N~ J~ 19g3-~ch~or of A~t~ Ce~c~tes for ~ for ~ & In~ L~hfi~ R~ Bufl~ ~e ~s~or- 1~ F~y d~HJ~ S~e Official- l&2 F~ly D~gings New York Buil~g C~e Co~li~ ~A Co~fian~ Ed l,lbg§:SO £88Z IrE ',~oN IrSI8 £IrF. I9g : 'ON 3iqOHd dlH$~d~l±H.Hcl 3I?dSflD 'g I~E]~[08 : 1,108_4 Mar-al-a4 lO:5?am From-WASHIHGTOrt MUTUAL CITY OF DELRAY-BEACH BOARD M'EMBER APPLICATI°N RECEIVED HAR :1 200~ CiTY CLERK 767 Northwest 37th Avenue Delray Beach, Florida 33445 (407) 499-4578 SUMMARY OF OUALIFICATIONS · Positive 'can do" attitude · Organ;~ed and innovative · Excellent interpersonal relations · Effective written communication ~ · Adaptable and flexible · Ability to remain calm in s~es.~l s/tuafions WORK EXPERIENCE AMTRUST BANK, LOAN OFFICER, BOCA RATON CALIFORNIA FEDERAL SAVINGS & LOAN I~Branch Manager. Pompano Beach (1987 to present) Management respons~ilities include operating budget and staff, ensuring complete customer satisfaction while conlrolllng er~enses Create customer awareness by developing and unplementing marketing pro,ams and soliciting ou~ide business · Bran.ch congstently achieves OVer 100% of production foals · Provide high customer service levels em ha.~in robie" ' P g p m resolution and staff development · Increased deposit base fi.om $12 mill/on to $51 million · Received several "Branch Manager of the Month' awards 12/1/92 to present 4/8$tolpl~DlX 11/92 mAsststant Branch Manager. Boca East (1986 to 1987) · Assisted in aH operational areas of branch management nFloater. Broward and Palm Beach Counties (1985 to 1986) · Involved in teller and savings functions for branches within Broward and Palm Beach County FIRST BANKERS. Mar~nte, FL mHead Teller · Controlled daily operations · Supervised staff of 5 · Conducted staff and traln~n& meetings · Provided customer service · Mi-~,~ized losses UNIVERSITY OF TOLEDO - Toledo, Ohio Bachelor of Bus/ness, 1982 12/83 to 4/g5 FR~.I : 6B~--9:tll F~( I10. : 561~--~660746 3u~. 10 2¢303 09:44P1'1 Pi 06,'10'0~ ~E 11:09 P-~ ~6t 243 377~ CITY CLERK 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION RECEIVED JUN 11 2003 CITY CLERK 1993 2.001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 2. de: 'I~d~'~ ~ ~ 63- (%',/atx~ ~,.j% 5-~(q.ku~ ~(2~ ~ :State ~p Code 4. P~dpfl Bus'ess Address: ~ State ~p Code 5. Hom~ Phone: Bu~ess Phone: E-~ Ad.ess: Ce~ Phone: F~: 6. Are you a re~stered voter~ ~c.~ ~h ..... ' 7. ~at Bqard(s) arc y~ntcrcs[ed ~ sc~g. Please ~st ~ or~cr ofprcfrr~c~ / 8. ~t ~ CiB- Bo~ds on w~ch you~ ~endy ~e~g or have pr~houfly ~emed: ~lease ~dude date0 9. Educafion~ ~u~ficafions: 10. ~St =y related professio~ ee~ficafions ~d ficenses wNch you hold: II. Gi~ your pres~n~ oR mpst recent emp~oyer~d posifi,n: /. n~ ~ - l~Des~ ~p~ent~s pr ~l~d~ y~ ~ yo~ ~o ,~e on ~s ~:,~i~se ,~ch. % brief ~s~e) con~ ~/p~cauon may~se foffd= u~n my p= of ~y .pVOM=~t I m~y te: s application will remain on file in the City Clerk's Office for a r~eriod of 2atm~s from the date it urn~ subrmt~cd. It will be the applicants responsibility to ensure tl~--~~i-on is on file. r,.iTY CLERK .rD H::I~-i~-ZUU4 II:U~t H~UIi-IAUK(bLLU tl CUM?ANT 8_ L2~t ~II ~ivj' B°~ds on ~v~ 10. List ~y veh~ pmfes~i tl. Give your · ed ~ this ~pplJc~6on submi~x~d_ It will T-3E4 P.0DZ/0OZ F-549 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ostx~e~temployec,.~mdporfifiom TAua~CCCO ~ cO ~ ~ /~5~ - CITY OF DELRAY BEACH 1993 2001 ~c~sc t},pc or print thc fo"o~l~ infnvm.n_'on: 3. ~ Rc~dencc: ~ ' S~ 4. ~,d~u~ess Address: ' SUre ~p ~c 5. Home Phone: Bu~c~s Phon~ ~M~ ~ess:--/~ ~ Phone: 7. ~at Board~ you ~te~ested ~ ~g? Please ~t ~ ~ of~f~c~ 8. ~s~ ~ ~q' Bo=ds on ='~ch ~u uc ~, sen~ or ~ve p~ou~ s~: ~l~se hdude ~tes) 10. ~st ~y rehted pmfesdo~ c~fi~ons ~d ~c~ses w~ch you hold: , /~,~ J~. ~~_ RECEIVED S]G~A~ JUL 2 2003 e: pplication will remain on file in the C~W. iCjyr~lC~ff:lll~or a ix=Jori of 2 yeah from the date it was ~ubmitted. It will be the ~pplicant% ~poJ~,b[li~y t~!~t'ul~ ~at ~ cummt ~pplication Ls on file. RESUME. FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUTRER NEWSPAPER 04 Yr~) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT: MERRITT PARK HOME OWNER'S ASSOCIATION (4yrs) BOARD MEIffBER PROGRESSIVE RESIDENTS OF DELRAY (2 YEARS) MEMBER SW/NW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAIYI]]rICATION COMMITTEE FOR THE NW/SW REDEVELOPMENT TASK FORCE) MEMBER DELRAY LOOP a_CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b. WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING OF LOOP-PICKING UP GARBAGE IN SW/NW SECTIONS c. WORKED AT DELRAY FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRII~UTING ANNOUNCEMENTS OF THE FOLLOW lNG WEF. KS OPENING CEREMONIES MEMBER FUND RAISING COMMITTEE FOR THE MILAGRO CENTER. 1993 2001 CITY OF DELRAY BEACH BOARO i=MBER APPLICATION Please tTpe or print the foIIowinfi information: Nme M.I. Hiller Dale 2. State ~p Code H°meAddzess:800 N. Ocean Blvd. #4 Ciq)elray Beach FL 33483 3. Legal Residence: City State Zip Code 800 N. Ocean Blvd. #4 Delray. Beach FL 33483 4. Principal Business Address: City State Zip Code Daring By Design. Inc. 6971 N. Federal Highway Suite 400 Boca Raton FL 33487 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 561-272-9533 561-999-0727 lalemiller@att.ne: 561-866-125( 561-999-072~. 6..S~re you a :~egistered voter? If so, where are you registered? Yes Prici~c~ #189 7, What Board(s) are you interested in sening? Please list in order of preference: Historical Preservation 8. List all Gty Boards on which you are currendy sen'ing or have previously sen'ed: (please include d~tes) None 9. Educational qualifications: Attended FIT, NCIDq-Building and Barrier Free Florida 10. List any related professional certifications and licenses which you hold: Licensed to Practice Interior Design Florida. ID 00024' 11. Give )'our present, or most recent employer, and position: Daring By Design,Inc. - President lZ Describe expeaences, skills or 'knowledge which qualif7 you to serve on this board: (Please attach a brief resume) See Attached I hereby c6aCti~ that all the above statements are true, and I agree and undexstand that any misstatement of material facts containe, ~in d/is applica~nay cause forfeiture upon my pZrt of any appointment I may receive. $1OX.~KE -/ ff ....... DATE / ' ? Note: This applicafiofi .411 remain on file in the City Clerk's O~[~l[~ ~ 2 years from the date it was submitted. It will be the applicant's responsibilitT to ensure that a current application is on file. JUL I 2 20o2 CITY CLERK DARING DALE MILLER A.S.I.D. PRESIDENT CREDENTIALS State of Florida License to Practice Interior Design ID 2413 Vice President: ASID FSC (American Society of Intedor Designers) 1996-7 Board of Directors: ASID FSC (American Society of Interior Designers) Board of Directors: IDAF (Interior Design Association Foundation) 1995-2001 PUBLISHED South Florida Business Journal Boca Raton Magazine Florida Design Magazine Sun Sentinel Nursing Home Magazine Interior Design Magazine Palm Beach Post Orlando Sentinel Los Angeles Times AWARDS AND AFFILIATIONS AWARD: ASID Design Excellence Award 2000 AWARD: Woman of Distinction: 1996 Soroptimists International AWARD: Junior League Designer Showhouse AWARD: Hospice/A.S.l.D. Designer Showhouse Board of Directors- Children's Miracle Network Immediate Past President: Professionals for the Haven President: Professionals for Children's Charities Vice-President - BUGS Boca Raton Museum of Art EDUCATION Fashion Institute of Technology NCIDQ CERTIFIED: Building and Barrier Free LI£EIS[D BY STATE OF FLORIOA INTERIOR 6971 N. FE~D~ERAL HIGHWAY SUITG 400 BOCA RATON, FL :13487 561-999-0727 FAX 561-999-0729 OESIOii ilgCRZ13 ~ DELRAY BEACH 1993 2001 · CITY~OFDErRAY- BEACH 6GARD ~,;;MD;R APPLICATION Please type or prim 2. Home Address: 130 ~)~A,l~t~7~q£ /~ ~l:]~ Cit~ ~ ~C~ S~t& ~C~ ~y~ 4. P~dp~ BUs~s ~s: ~ S~te ~p C~ 5- H~ P~ Bn~ine~s Phone: ~~ . ~p~ }_ Fax: ~_. ~tRnard(~) areyn,, info. tM in ~,in~ Pl~e liRtln nrd~ nf~ef~nce~ 8. ~ ~ ~rd~ ~ yo .......... dy se~4ng or have pr~4n,,~ly ~e ;.~l,,n~ 10. ~t ~y r~t~ pro~ssionA ~ficado~ ~d ~c~ses w~h you ho[d~ 11. Giv~yo~ p~seng or most r~ent emp%yer, ~d posiffom 12 D~e exp~, s~ or ~owl~ wM~ ~ ~ou to se~e on ~s ~d: ~l~e a~ a brief res~e) fi ~MA~ RF.. ~ - ' DA~ '' -- submitted. It will be the applicant's responsibilit~q~e/l~sfi~ ~hl{t ta-c'~rent application is on file. JUL ? § 2003 CITY CLERK DAVID REDELHE1M 278 42~3~ oBJE~: To secure a challenging executive position employing professional and persorafl stability combirnxtvdff~ a hist ovy-ofsueeess~~ demagding retail environment. E-DU~A-~ION: Masteraff Arts ~ Villaiaova Ur. ive}~t?, Xr~ Pennsylv~mi~, 1974 Bachelor of Arts Degree, Pennsylvania State University, State College, Permsylvania, 1970 WORK EXPERIENCE: Btoomlngd~le's, P.c~a-P,~ton;.Ftorida~ · ' ' ' -~ion~ Merchandi~ Man~, 1981 to Present. C~ ~s~ ~ Ex~ T~ ~~onal Home Fur~s~ngs position to Divisional Mereh~dise Man~er. ~ of four B~gdal~in Pcm~ylv~ ~ ~ofida. Responsible for driving $35 ~llion home ~s~ng~men's volume. Ex~llent worhng relations~ps ~th superiors, dke~ repo~s ~d ~ntr~ oration. Ro~ J~~D~, P~dlad~ ~sylv~tions Ma~er, 1976 to 1981. R~ible f~ ~ ~ f~ ~v~c ~m 1~, ~ntral w~ehouse ~d buying orga~tions, re~ing dk~ly to p~cip~s of company. ~t S~ Di~ ~~ Pem~aylvani~ Juffior l~h:~hool English T~ch~, Athletic Coac~ 1970 to 1976. PERSONAJ~· INFORMATION: Married with twin daughters. Pma/nat inte~ust~, readi,g~ haveUag nnd-tfiffplannin~ physicaFfi[ness, gardening, ballet, theater and painting. References.available upotrrequest. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 3. Legal Residence: { City State Zip Cod~ .4._~Princi~al Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: 6. Are you a registered voter? If so, where are you registered? 7.,IWh:}t Board(s) are,~ou interested in si;tying? Ple~,e list in orde?o~/referenc~;: . ._. - 8~L~t a~ C~it) Board~on.which you are. currendy serving or hav~e~pseviously served: ~Please include dates) /' 9. Educ_~ational qualifica~fions3 o $.List any related professional certifica.tions and licenses which you hold: 11. ~ve your present, or most recent employer, ~.-id ~osifion: , ,, 12_?~escribe experi.esc_es, skills or kn~ 9wledge which qual~fyygu to serve on tl~is board: (Please. attach a b~ief resume) y 'fy tements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I n~y rec~. SIGNATURE DATE/: ..... IE~ Note: This application will remmn on 3' Clerk's Office for a period of 2 years from the date it was submitted. It will be the al~l~ant ~ ~' t' r sibility to ensure that a current application is on file. CITY CLERK "q~/ THE INTERIORS GROUP BOCA RATON * MIAMI President and CEO The Interiors Group After graduating from the New York School of Interior Design in 1972, Michelle Reich spent much of the 1970's as a residential designer and interior merchandisor in New York and Chicago with Childs/Dreyfuss. In 1980, Childs/Dreyfuss transferred her to Boca Raton to open the firm's Florida branch. A year later, she made her first venture on her own with Palmer/Stuart Interiors, named for herself and her husband Stuart, then a successful architect and builder/developer in South Florida. After winning numerous local and national awards, her talent and success caught the eye of the Los Angeles based Design One. They offered her a position as first President of their For[ Lauderdale satellite office. Working with Design One, Michelle built upon her expertise in interior design and model merchandising. Micbelle quickly developed a name for the internationally recognized firm, taking it from one to 15 employees in less than three years - and quickly gained a personal following in the area with her signature trademark designs. In 1985 she broke away and opened The Interiors Group. Over the past 17 years the company has grown both in reputation and size to become the leading interior design firms sought by major builders, both locally and nationally. The award winning company now boasts 35 employees including one of the most highly talented creative teams in the design industry, a new corporate office in upscale Boca Raton and a satellite office in Miami. The success and reputation of The Interiors Group is a result of Michelle's keen understanding of the entire building process. Michelle believes that the design process begins before ground breaking and that is why Builders and Developers come to her in the initial stages of development for her architectural expertise and critiques that give their product a cutting edge before construction even begins. This is one of the unique services offered by The Interiors Group to help promote the philosophy that merchandising is the foremost marketing tool for builders and therefore deserves a strong eye for detail to insure that the builder is reaching the targeted market. Additionally in the past five years, she has created a new concept for the Builder's "Design Center" that creates an inviting and accessible design source that assists both the builder and their clients in completing the home buying process. Michelle Reich is helping builders and develope[s sell the American Dream, the attainable American Dream. Not only do her designs spark imaginations and inspirations for targeted lifestyles, but she also emphasizes memory points in her interior design to complete the package for the builders and developers to make selling or leasing their product that much easier. She has defined design trends and ot~en sets the industry standards, which she feels, have contributed to South Florida's leading the nation in cutting edge design. -- 0 E IV Bt= FEB - $ OO3 CiTY CLEBK THE INTERIORS GaouP BOCA RATON · MIAMI January 30, 2003 Karen Schell, Executive Assistant Office of the City Clerk City of Delray Beach 100 N. W. First Avenue Delray Beach FL 33444 Thank you so much for sending me information on the City of Delray Beach Boards and Committees. I've completed and enclosed the application form. Karen, it goes without saying that I would love the opportunity to become involved with the progress and growth of my newly beloved hometown of Delray Beach. I feel that after almost thirty years of my involvement with the housing and development industry, I can bring to the table the knowledge I have acquired which has been so instrumental in the success of my own business. If you require any additional information please contact me at any time. I look forward to hearing from you soon. Please stay in touch. Warm regards, Michelle Reich President Enclosure RECEIVEi; FEB - 6 2003 CITY CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t )tint the followin, information: 1. Last Name: Name M. L 2. Home Address: City State Zip Code 3. ~ R~idmce: Ci~ I Sure Zip Code 4~ P~dp~ Bus,ess Ad~s: Ci~ State ~p Code 5. fio~ Phone: Busings Ph~e: ~M~ Ad&ess: ~11 Phone: F~: ~o~ ~ ~ ~bel~ ~l'~t~'~q~~-- 6. ~e you a re~st~ed voter? " ' If s% where ~9ou re~stered? & ' 7. ~at~d(s)~eyou~ter~se~Pl~e~t~o,&rdfprefer~ce: -- ~ 'L .... 8. ~t ~ C~ B~ on ~ch you ~ 9. ~a~nfl q~o~: 10.' List my rehted professi0nM ce~ficafims md licenses which you hol~: 1i. Give your presenh or most recur emPioy~, md p~ifi~: .... 12. D~c~ expemn[~, s~ oc ~owl~ ~ qufl~ you to se~e on ~ bo~d: ~le~e ~ch' a b&f re~) I he.by ceM~ ~;t~ ~e a~e s~temen~ ~e tree, ~ed ~ ~s a~li~ may ~use foffeim~ u~n my pm of ~y ap~ent ] may recede. SIGN ~/ , DA~ t/ - Lm on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. s'crr~c~o~a~v~UcA,~ Samuel Resnick 2835 SW 13th Street Delray Beach, Fl. 33445 Ph# 561.330.8419 Resume of Samuel Resrdck 1. Education a) Graduated fi.om City College of New York in Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators, Intemational. (BOCA) 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass., Vermont, Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Standards Committee from 1982 to June 1987. b) Adjunct Assistant Professor in Civil En~neering Technology at Norwalk State Technical College. c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction fi.om 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (excel~t for two years in U.S. Navy and three years in enginering school) worked for various architectural and engineering firms. OFFICE OF THE MAYOR FRANK J. ESPOSITO, MAYOR February 21, 1995 TeWhom It May concern: Norwalk. Connectfcu~. Samuel Resnick. = Samretired from the City in 1986 after8 years of service as the Directorof the dePartmant of Code .~nforcement. In 1991 he was h~r~d bac~ to the 1991 to March in to b~ing'~y consultant, were as follows: Anaiyzed- the operation of the Department. of Code Enforcement~ and assisted the D/rector of code Enforcement. 'in ~uilding Code interpretations~ City Coordinator for the Amer.ican with ' Act (/~DA). ' surveyed all ~ with ADA. Also, ~repared the Tran~ methods ~d costs to comply with Mayor-s Liaison to ~e No~alk $~ool ~ilding Committee Wherein al~ committee m~ti'ngs wRr~ att~ded, City representative for the construction Of 'the Con~ert' ~all at City Hall and repair of water damage at Rowayton scahool. 5. Code and cost analysis of various suho01'alterations and addition is licensed in Connecticut, New ~¥ork and Florida as a any organization with whom he becomes associated. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 ,lOOl Pl~s¢ ~ .ot p~int the following ~fomtagon: 1. mst N,mc: Sneiderman N~c Michael ~i.l.B. z ~o~aa~,~:6626 Bali Hal Drive civ Boynton Beach s~FL }~ 4_ P~c~ Bu~ess Ad'ess: - ' ~12~ S. Federal High. ax Delra~ Beach FL 33~83 5- Homc Pho~t: [ Bos~iss Phone: l ~M~ Ad~e,,: l ~ Phon,: [ ~: 561-733-5363, [ 561-278L7446 sneidssg~aol.c0m 561-703-6453 [ 561-278-6431 6. Are you a ~e~steeefl x'oter~ YeS if so, where ~e you r~stered~ Delray Beaoh ttPb 8. List :,ti Ci~' Bo, rds on which you ,re cunrently a¢~.'ing o~ have pr¢'.'iou~b' served: (PI¢~,',,~ include dates) SPRAB - Appointed 9/1/2000, serving until August 21, 2002 r~.uon~S.uo.,: Batchelor of Arts Degree in Economics University of C6nnecticut - 1967 Lis, any related p/of~sion~l ceruficafions and licenses wluch you l~old: -- 10. I i. Give Four present, or most recent employer, and position: Owne~ & Presiden~ of Si~_n~A~Ram.a. Of Delray_ Beach__ 12. D~c~b~ experiences, ,k~h or "~owledge ~hich qu~ you to s~e on ~ b~d- ~lnse atm~ a hficfgts~e) · I've served on SPRAB for almost 2 years. · I've had direct design $ fabrication involvement, as w~l as layout, installation, material choice~ color variations ~ color sch~lng experience In literally thousands of signs over the last 7~ years in projects large and small in scope. Included in my ~rtfolio are the si~the Old School Square, Flr~t Night, Joint Venture, ~e. Tennis. Cente~ D~y's_~fz / ~rses~ ete.~ etc.s etc. c~t~ ~~m on m)- ~ of an)' sp~ent I may rec~'c. ',lore: Tl~is applicanon will remain on file m the Cit'), Clerk's Office for a period of 2 years feom thc date it u,'as submitted. It will be the applicant's zespormiblllty to ensure that g current ,pphcation ~s on file. ~PEEDY SIGN*A* RAMA, USA 3t25 South Federal Highway, Delr&y I~each, FL 3~483 $61-278-?A46 FAX 56t~278-~,431 FAX COVER PAGE TOTAL OF TWO(2) PAGE(S) INCLUDING THIS COVER SHEET DATE: June 18, 2002 TO: Karen Schell, Executiv~istsnt I Board Liaisons FROM: Mike Snel~ RE: Reappointm~nt Thank you for the cal~last Friday to advise me that my 2 year term on SPRAB was nearing its end. I've enjoyed my tenure on the board and would consider Iran honor to serve Delray Beach In this capacity again. To this end, please find attached to this communication my filled out application for reappointment~ If you would see that it goes before the proper commissioners with this statement of my desire to serve in this capacity again, I would be much obliged. Thank you for your help. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t}~e or pl.'it the follo'~t~ i~'otm~lJon: ~. /.~gal Residence: Cit7 State Zip Code 4. ~ndpd Business Ad&ess: Cit7 State Zip Code 5. Home Phone: Business Phone: F_,-~ Adc~,ss: Cci] Phone: Fax: 6. Areyouarc~stcrcdvo=? y~ IF,o. whcre~rc~our~st=cd? ~% 7. ~ ~oa~d(s) ~e you indicated jn ~er~i~. ? ~'le,,.~ Us~i~ or&r o*'p~ermce: 5 ~5~Ler C~4~ ~S ~, ~ ~/a o. 11. Give yog/presen~ or mpst recur ~plpyp, ~d ~d~o~ {~ ~ ~ ~ ~ ~ h ~ ~ ~, 5]GNA~ ~ j OA~ " ~ubmitted. It ~ be thc applic~m's respoz~bRity to emuz'~ that a cummt, on ~e. .~q/m AU~ '1 ~ 2003 ~ CITY CLERK ANDREA ST. JAMES 1264 Audubon Blvd. Delmy Beach, FL 33444 PH: 561-278-3008 CELL: 561-642-4610 E-Mall: BalHarbour~aol.com Objective: To usa all of the special writing, public relations, publicity and management skills I possess in an executive level public relations / publicity capacity, Special Skilia: Writing, Event management, publicity, & public relations skills. WORK EXPERIENCE 2000- 2~02 INFORMATION TELEVISION NETWORK- Boca Raton -Director, Public Relations lTV is a conglomerate of saveral production companies (~, MeTV, ~ Digital) who produce Gmcie, Freddie & Telly award winning television programs aired over saveral national networks. Write & service press releases, meet with vadous indusby reps, pitch stories to publications for publicity and scan & distribute industry media stories from myriad publications. Write ad copy, secure film locations throughout the U.S. for video productions. Pitch & barter show ad placement in national publications (over $600K in one year). Lead division directors & managers in bi-weekly meetings. Personal cr~lits include: Winner: 2000 Time Inc Health Freddie Award; Winner: (2) 2001 Time Inc. Hsalti~ Freddie Awards; Winner: 2001 Addy Awards (2); Winner:. 2001 ASCRS National Media Award; Judge: 2001 Aurora Awarda. Member, National Academy of Television A~ts 8, Sciences. Commodore Aviation, Inc. - Miami - PR & Technical Administrator Commodore Aviation, Inc. is a subsidiary of Israel Aircrafl/Bedek in Tel Aviv and provides heavy maintenance for the aircraft of govemments and major commercial carders. I administered technical sarvices as well as wrote speeches, wrote & serviced press releasas, oversaw large events, photography and brochure production. The Fontainebleau Hilton. Miami - Leisure Travel Marketing At this world renowned resort hotel, I worked in intemational markelJng within the area of Leisure Travel. Reporting to the Director and two sales managers, I determined what should go into their sales kits for international mass mailings, wrote marketing letters to sail the resort and edited press releases. 19g$ - 19~ 1985 - 1989 CRA Managed Care, Inc. - Richreond, Vbglnla - Office Manager This national vocational rehabilitation corporation services the major insurance carriers of the continental US, Hawaii and Canada. It provides vocational rehab services to those people injured on the job orwho have experienced a catastrophic illness or injury. As office manager reporting to the Regional Manager, I hired, trained and oversaw clerical staff, conbolled the timely receipt and disbibution of medical reports, edited written reports and controlled billing. I also wrote marketing letters and maintained contact and correspondence with clients and attorneys. Twentieth Century Fox - Lo~ Angeles - Exec, TV Publicity As~latant Reporting to the Director and frequently, the President. duties for one of the largest entertainment corporations in the world included heavy liaison with stars and major media representatives. This included initial oversight of an approximate $1.5 million annual television publicity budget, oversight of pdnt advertising and large media events. Also included writing, editing and servicing press releases; creating, editing and updating press kit materials; evaluating scripts in progress; national/international press distribution; attendance to and facilitation of stars' interviews and major media functions; handling studio fan mail and interacting with various other departments, producers and publicity agencies to promote publicity on varied series and stars, including EMMY winner LA. Law. Set up and facilitated many of Twentieth Television's high-visibility functions including the yearly EMMY party at S~p~ago, the annual executive/producer/writer introduction event and various 100 episode perties for our successful series. Was asked to accept an award for LA. Law. Ogilvy & MatUrer/Tire Ogilvy Group - Los Angeles - Office Manager Began at this intemationelly successful advertising agency in Richmond, Virginia at then-affiliate, The Martin Agency, and was tmnsfarred to The Ogilvy Group in Los Angeles in 1988. Reporting to the Chairman and President~ duties included acting as liaison ~ clients and creative teams, confidential work in the corporate day-to-day experience, reseamh projects on an assignment basis, oversight of clerical staff and assistance with high profile media events. Also was contributing editor of company newsletter. COMMUNITY SERVICE National Neurofibromatosis Foundation (NF) Los Angeles Business Vciunteers for the Arts (BVA) Richmond School for the Performing Arts (SPARC) Richmond Stop Child Abuse Now (SCAN) President Reagan 1979 Campaign (Southeast Tour) Public Relations Chairperson Public Relations Consultant Public Relations Consultant Public Relations Consultant Touring Public Relations AssL DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: ~. ~st~me- Sull,ua~ ~ne 2. Home Address: C' State Zip Code 4o0 gh r oa, 3. ~ Residence: Ci~ Sure Zip Code 4. P~dml Business Address: Ci~ Sure Zip Code s. Home P~one: ~.s~ess ~hone: ~M~ Mdress: C~ Phone:. ~: 6. ~e you a re, stored voter? If so, where ~e you re~stered? ~. ~at Board(s} are you ~tqrestcd ~ ~? ~l~se ~st ~ order of erefe[ence: ' . hst ~ Ci~ Boads on w~ch you arc mrrcndy se~ or have prehously scmc&~lease ~dude dates) 10. ~S[ ~y ~e~ted pMf~ssion~ [effi~ca~on~ and hcenses whcn you hold: JJ. Give ?our presen~ or most recent empJo[er, a~d posidon: - 1~ Descfibd expe~nccs, 'U O' I ' I h~eby ceffi~ ~at ~ ~e above sutements are tree, md I ~ee md undersmd ~at my ~ssmtement of matefi~ hcts causc forfeiture upon my p~ of any appo~ent I may receive. SIGNA~ DA~ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsii)ility to ensure ~i~tion is on fde. 3-'~ 9 APR 2 § 2003 CITY CLERK Ronald W. Sullivan - 400 Sherwood Forest Drive Delray Beach, FL 33445-3872 · Phone: 561-499-8114 April 22, 2003 City Clerk's Office City of Delra), Beach 1 O0 N.W. 1 =Avenue Delray Beach, FL 33444 Re: Board Member Application Dear Ms. Schell: Enclosed is my completed application for Board Member, City of Delray Beach. I am also attaching a copy of a recent resume with probably more information than you need. I have been a resident of Palm Beach County for almost 8 years but just moved to Delray Beach last year. Please let me know if you need additional information. Ronald W. Sullivan RONALD W. SULLIVAN 400 Sherwood Forest Drive Delray Beach, FL 33445-3872 Phone: (561) 499-8114 E-mail: mcsuliivan@aol.com SUMMARY Landscape Amhitect / Land Planner with extensive background in teaching; in public practice; and in private practice in land planning, project management and computer applications to the planning and design process. EXPERIENCE Senior Planner (2/02 to present) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL Senior Planner with the Zoning Division, Development Review Committee (DRC) Section. · One of two senior planners supervising the work of 4 planners, a zoning technician and 3 secretaries in the performance of their duties related to the DRC plan review process. · Share management responsibility of the DRC plan review process. · Continue to serve as County staff representative on Northlake Boulevard Corddor Task Fome. Senior Planner (2/97 to 2/02) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL Senior Planner with the Zoning Division, Board of Adjustment/Concurrency Section. · As head of the Concurrency Section, responsible for management of the concurrency review process and for supervision of a planner, zoning technician and secretary in the performance of their duties related to concurrency review. · Responsible for overseeing the on-call and reception functions for the Zoning Division including supervision of a planner and Receptionist. · Serve as County staff representative on Northlake Boulevard Corddor Task Force. Site Planner II (Mid 1995 to 2/97) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL Project Manager/Site Planner with the Zoning Division, Development Review Committee. · Review land development plans, site plans and master plans for land development projects located within unincorporated Palm Beach County and work with applicants to bring these plans into conformance with Palm Beach County Unified Land Development Code requirements. · Assist applicants in the preparation of these plans for submission to the Development Review Committee for final site plan approval. · Review applications for building permits. Proiect Landscape Amhitect (6 months) Short term position with local land development consulting firm working on preparation of proposals and on a variety of land development and subdivision projects. Landscape Architect / Proiect Manaqer (8 years) Associate ! Studio Mana.qer (4 years) Derck and Edson Associates, Lititz, PA Major landscape architecture, land planning and engineering firm in southeastern Pennsylvania with a staff of 16 Landscape Architects and 5 Civil Engineers. · Responsible for introduction of computers to the firm in 1987 and for selection, acquisition, implementation and management of hardware/software systems for accounting, computer-aided design, engineering computations, project management and word processing. · As project manager, worked with clients, peers, other professionals and local and regional reviewing agencies in the planning, design, approval and implementation of a wide variety of projects. · As studio manager, guided and directed studio of 3 landscape architects, a civil engineer and a draftsperson in the planning, design and approval of subdivision and land development projects prepared using CADD. Associate Professor of Landscape Architecture Kansas State University, Manhattan, KS (9 years) Taught courses at both undergraduate and graduate levels in site planning, design and resource analysis. · As coordinator of the graduate program in landscape amhitecture for 4 years, administered the program, recruited and advised graduate students in one of the top accredited graduate programs in landscape architecture in the country. · Maintained a full pregram of consistently high caliber students during a period of generally declining enrollment at the university. Landscape Amhitect Consultant Bureau of Land Management (6 months) Three month executive appointments to Wyoming and Alaska state offices of federal land management agency. · Conducted a study of off-read vehicle use on public lands in conjunction with Landscape Architects and other professionals in the Wyoming State Office. · Worked with BLM Landscape Amhitects in Alaska to develop a methodology for visual resoume inventory and analysis of a 15 million acre resource area in northwestern Alaska. Resultant report used to modify the existing BLM manual section on Visual Resource Management. Landscape Architect / Park Planner Texas parks and Wildlife Department, Austin, TX (6 yearn) Involved with all phases of resoume-oriented park planning and design through the agency that administers the historic and recreation parks in Texas. · Supervised planning professionals in preparation of 15 state park master development plans for units of the Texas State Park System. · Helped develop a system of resource analysis adopted by the Department for planning state parks and authored a booklet describing the process. · Coordinated a team that developed a state park system plan for Texas and procedures for implementation. Landscape Amhitect Roy H. Seifert and Associates, San Diego, CA (1 year) Smal! landscape amhitecture and land planning firm. · Design on a variety of projects ranging from county park master plans to site planning for a nuclear power plant to private residential landscape design. Naval Officer United States Navy (3 years) Served on two western Pacific tours to Vietnam and was involved in the initial stages of the pull-out of troops from Vietnam. · As Communications Division Officer, responsible for all communications on 10,000 ton amphibious ship in the western Pacific as well as the security of all top secret material, equipment and communications. Supervised 2 junior officers, 2 chief petty officers and 20 communications specialists. · Directed ship maneuvering (Command Duty Officer) when entering and leaving port, replenishing at sea and during battle conditions. EDUCATION Master of Arts in Sociology, Kansas State University Master of Science in Community and Regional Planning, University of Texas (Austin) Bachelor of Science in Landscape Architecture, Iowa State University PROFESSIONAL Registered Landscape Architect, Current #1598, State of Florida Registered Landscape Amhifect, Current #501, State of Texas (Uniform National Exam) National Certification by CLARB #616, Current Member, American Society of Landscape Architects #023973 Past Registered Landscape Amhitect, State of Pennsylvania (9 years) Past Registered Landscape Architect, State of Kansas (9 years) H :\W P DATA~:)ROF~.ATESTms.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ (~5/~x - REGULAR MEETING OF APRIL 13. 2004 ORDINANCE NO. 15-04 DATIe;: APRIL 9, 2004 This is second reading and second public hearing for Ordinance No. 15-04 amending the Land Development Regulations (LDR) Chapter 4, "Zoning Regulations", Section 4.3.30), "Community Residential Home and Group Homes" in order to correct an inconsistency created from recent LDR changes regarding the terminology of residential and non-residential alcohol and drug abuse treatment facilities. At the first reading on March 11, 2004, the Commission passed Ordinance No. 15-04. Recommend approval of Ordinance No. 15-04 on second and final reading. S:\City Clerk\agenda memos. Otd 15-04.Group Homes Terminology.04.13.04 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGERZ/~ ~ /. 1 /~ JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRL:~T~L~/~ ~c) MEETING OF MARCH 1t, 2004 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(I) "COMMUNITY RESIDENTIAL HOME AND GROUP HOMES" IN ORDER TO CORRECT AN INCONSISTENCY CREATED FROM RECENT LDR CHANGES REGARDING THE TERMINOLOGY OF RESIDENTIAL AND NON- RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES On February 3, 2004, the City Commission adopted an ordinance amending the City's Land Development Regulations regarding Alcohol and Drug Abuse Treatment Facilities to conform to the State's requirements under Chapter 397, Florida Statutes. The amendment repealed the definitions for "Residential and Non-residential Alcohol and Drug Abuse Treatment Facility", enacted new definitions for "Residential and Non-Residential Licensed Service Provider", and changed the reference from "alcohol and drug abuse treatment facilities" to "Licensed Service Provider Facilities" to be consistent with the terminology of such facilities in State Statutes. In making these changes, a reference to alcohol and substance abuse treatment facilities in LDR Section 4.3.3(I) was overlooked. The proposed amendment is to remedy the remaining inconsistency in order to avoid confusion. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more for "housekeeping" purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The Planning and Zoning Board held a public hearing regarding this item at its meeting of February 23, 2004. There was no public testimony regarding the proposed amendment. After discussing the amendment, the Board voted 4-0 (Borchardt & Pike absent) to recommend to the City Commission approval of the proposed amendment to the Land Development Regulations Section 4.3.3(I) "Community Residential Home and Group Homes" based upon positive findings with respect to LDR Section 2.4.5(M). By motion, approve on first reading the ordinance amending Land Development Regulations Section 4.3.3(I) "Community Residential Home and Group Homes", based upon positive findings with LDR Section 2.4.5(M), and set a public hearing on April 13, 2004. Attachment: Proposed Ordinance ORDINANCE NO. 15-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, CHAPTER FOUR, "ZONING REGULATIONS", BY AMENDING SECTION 4.3.3(I), "COMMUNITY RESIDENTIAL HOME AND GROUP HOMES", TO PROVIDE CONSISTENCY THROUGHOUT THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Comrmssion recently adopted an ordinance amending the City's Land Development Regulations in order to reflect the legislative changes regarding change in the terminology of residential and non-residential alcohol and drag abuse treatment facilities; and WHEREAS, the City Commission found a remaining area of inconsistency after adopting the recent code changes; and WHEREAS, the City Commission desires to remedy the remaining inconsistency in order to avoid confusion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.3.3(1), "Community Residential and Group Homes", of the Land Development Regulations of the City of Deli:ay Beach, Florida, be amended to read as follows: (1) Community Residential Homes and Group Homes: (1) Purpose: The purpose of this section is to provide for the health, safety, welfare, and shelter in sound housing of residents of Community Residential Homes and Group Homes and residents of the City who are in need of such facilities while assuring compatibility of these facilities with surrounding areas. (2) Applicability: This section shall be applicable but not limited to Community Residential Homes and Group Homes which constitute a new facility or a modification of an existing lawful facility which increase the floor area or the permitted number of residents. This section does not include foster homes; assisted living facilities; continuing care facilities; abused spouse residences; child care facilities; adult day care facilities; convalescent homes, homes for the aged or nursing homes; nor alcohol and drag abuse treatment facilities as regulated in LDR Section 4.3.3(D). (3) Definitions: (a) Resident: The term "resident" for a community residential home or group home means any of the following pursuant to the Florida Statutes: 1. A frail elder as defined in Section 400.618; A physically disabled or handicapped person as defined in Section 76022(7)(a), A developmentally disabled person as defined in Section 393.063(12); A nondangerous mentally ill person as defined in Section 394.455(18); or, A child as defined in Section 39.01(14), Section 984.03(9) or (12), or Section 985.03(8). Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. 2 ORD. NO. 15-04 ATI~EST: MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 15-04 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ Ch ~ ORDINANCE NO. 22-04 FIRE DEPARTMENTS", TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS") DATE: APRIL 9, 2004 - REGULAR MEETING OF APRIL 13, 2004 (AMENDING CHAPTER 33, "POLICE AND PENSIONS, SECTION 33.70, "DIRECT This ordinance is before Commission for second reading and public hearing to amend Chapter 33, "Police and Fire Departments", Pensions, Section 33.70, "Direct Transfers of Eligible Rollover Distributions", providing a mechanism for the rollover of 457 and 401 funds where applicable. At the first reading on March 16, 2004, the Commassion passed Ordinance No. 22-04. Recommend approval of Ordinance No. 22-04 on second and final reading. &\City Clerk\agenda memo. Oral 22.04. Police. Fire Pension. Transfers. Rollov ers.04, t3.04 Message Kucmerowski, Carolanne Page 1 of 3 From: Ruby, Susan Sent: Tuesday, Mamh 16, 2004 10:16 AM To: Harden, David; Safford, Joseph; Hamilton, Harry; Schmeder, Larry; Koen, Kerry; Tabeek, Jim; Gray, Vincent Cc: Kucmerowski, Carolanne; Garito, Barbara; Nubin, Chevelle Subject: FW: Police Fire Pension Ordinance This ordinance is a substitute for the ordinance on the agenda as item 12. Per the request of the finance department it includes roll over capability from 457 and 401A plans. Please substitute this ordinance for the one previously sent and included in the agenda for first reading. I would appreciate it if both Chiefs could make sure that the union representatives receive a copy of the revised ordinance. Thanks Susan A. Ruby ----Original Message ..... From: Jim Linn [mailto:jlinn@llw-law.com] ~ent: Tuesday, March 16, 2004 10:02 AM To.' Ruby, Susan Subject'- RE: Police Fire Pension Ordinance Susan - the further revised ordinance, containing the Manager's edits and the 401(a) reference, is attached. Please call me if you have any questions. Jim ..... Original Message ..... From: Ruby, Susan [mailto:Ruby@ci.delray-beach.fl.us] Sent: Tuesday, March 16, 2004 9:15 AM To: Jim Linn Subject: FW: Police Fire Pension Ordinance See Sherry's comments. Could you make sure that the draft we are passing tonight includes everything? Thanks. Does the substitute ordinance you drafted include the changes made by the manager as well as the roll over from 457 and 401A? Susan A. Ruby ..... Original Message ..... From: Muehlberg, Sherry Sent-' Tuesday, March 16, 2004 9:02 AM To: Ruby, Susan Cc: Safford, .loseph Subject: Police Fire Pension Ordinance Does the 401 also mean the 401A? If SO, my thought would be, "yes" go ahead and include the 401A Plan in this Ordinance as employees who participate in the 3% Management Match Program have the option of having the 3% contribution and match going into their 457 OR 401A Plans, in which case they could roll/direct transfer those funds from either OR both Plans (depending on the amount of the actuarial cost and the amount they have in each Plan). (This is just MY thought!) Sherry/03-16 .... Original Message ..... From: Ruby, Susan Sent: Tuesday, March 16, 2004 8:45 AM 3/16/2004 Message Page 2 of 3 To: Safford, Joseph Cc: Muehlberg, Sherry Subject: FVV: Police Fire Pension Ordinance Do we need this ordinance? Susan A. Ruby .... Original Message .... From: Jim Linn [mailto:jlinn@llw-law.com] Sent: Friday, March 12, 2004 5:35 PM To: Ruby, Susan Subject: RE: Police Fire Pension Ordinance Susan - the plan does not currently allow rollovers from a 401 plan for the purchase of continuous service, so I did not add the 401 reference for the purchase of the enhanced multiplier. However. if the City wants to allow this. a revised ordinance is attached. Jim P.S. You could also allow rollovers from an IRA, if you wnat to do this. ..... Original Message ..... From: Ruby, Susan [mailto:Ruby@ci.delray-beach.fl.us] Sent: Friday, March 12, 200,t 4:23 PM To: Jim Linn Subject: RE: Police Fire Pension Ordinance Thank you so much for the prompt response. What about the 401 A plan? Susan A. Ruby ..... Original Message ..... From: Jim Linn [mailto:jlinn@llw-law.com] Sent: Friday, March 12, 2004 4:06 PM To: Ruby, Susan Subject: Police Fire Pension Ordinance Susan - a draft ordinance providing for rollovers from a qualified plan to purchase the enhanced multiplier is attached. Please call me if you have any questions. Jim James W. Linn Lewis, Longman & Walker, P.A. Post Office Box 10788 Tallahassee, FL 32302 (850) 222-5702 (850) 224-9242 (Facsimile) THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE IS ATTORNEY WORK PRODUCT AND ATTORNEY/CLIENT PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS 3/16/2004 Message Page 3 of 3 COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR E- MAIL AND DELETE THIS MESSAGE. THANK YOU. *** eSafe scanned this email for malicious content *** *** IMPORTA/~T: DO not open attachments from unrecognized senders *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 3/16/2004 ORDINANCE NO. 22-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.70, "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS", PROVIDING FOR DIRECT ROLLOVER OF DISTRIBUTIONS FROM A QUALIFIED PLAN INTO THE FUND FOR THE PURCHASE OF AN ENHANCED MULTIPLIER; PROVIDING A SAVING CLAUSE; A GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending subsection (C) of Section 33.70, "Direct Transfers of Eligible Rollover Distributions", to read as follows: Section 33.70 DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS. (C) Rollovers or TranoCers into the Fund On or after the effective date of this Section, the fund will accept member rollover cash contributions and/or direct cash rollovers of distributions for the purchase of continuous service or an enhanced multiplier as authorized under the plan, as follows: the fund will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in Section 401(a) or 403(a) of the Internal Revenue Code, from an annuity contract described in Section 403(b) of the Internal Revenue Code, or from an eligible plan under Section 457(b) of the Internal Revenue Code, which is maintained by a State, political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State Section 3 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4 That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not operate to invalidate the remainder hereof. Section 5 That this ordinance shall become effective on passage. the PASSED AND ADOPTED in regular session on second and final reading on this __ day of _, 2004. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD. NO. 22-04 MelTiO To: City Commission .4 From: David Harden CC= Date: April 6, 2004 IE~ Wholesale Sewer Rates While reviewing our agreement with Highland Beach for conveyance and treatment of their sanitary sewage, we discovered that our City Code does not cteady establish the rate to be charged for this service. The following ordinance will correct this housekeeping error. The rate determined by this ordinance is the rate we ara currently charging. It is based on the fact that Highland Beach has their own collection system which they maintain. They pump their sewage to our mutual boundary where it comes into our sewerage system and is pumped to the treatment plant via our force mains. ORDINANCE NO. 23-04 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, FLORIDA, BY AMENDING SUBSECTION 53.130(F), '~/HOLESALE SEWER RATES", TO PROVIDE FOR RATES AND CHARGES FOR WHOLESALE USERS OF THE CITY'S SEWERAGE SYSTEM; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has determined that there is a need to set the rates and charges for wholesale users of the City's sewerage system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter 53, "Sanitary Sewers," Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge.", Subsection 53.130(F), "Wholesale Sewer Rates", of the Code of Ordinances of the City of Delray Beach, be amended to read as follows: (F) Wholesale Sewer Rates. (1) This Section is applicable to those wholesale customers which maintain their own wastewater collection systems. They shall be charged a fiat rate per one thousand (1,000) gallons, the quantity of which shall be determined by the metering of the wastewater discharge from each wholesale customer's individual wastewater collection system. (2) The metering device shall be satisfactory to the City and shall provide for a separate remote thirty-day recording device which shall have a totalizer. Location of the metering device shall be at an accessible location as agreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by both parties. (3) All costs incident to the furnishing, installation, initial calibration, and maintenance on a continuing basis of the meter, are and shall, be, the wholesale customer's responsibility. The wholesale customer will provide to the City or its designated representative full details on the proposed meter installation and assurance that the installation will commence only upon the written authorization of the City. The City shall provide an authorization within ten (10) days after receipt by the City of the details of the above proposed meter installation. (4) The meter shall be read monthly by a duly authorized agent of the City, and the wholesale customer shall provide access to the meter for this purpose. In the event of suspected inaccuracy in meter readings, the City shall have the right to request that the meter be tested by an independent organization in accordance with standard practices. If the meter shall be found inaccurate or defective, the cost of the meter test shall be borne by the wholesale customer. If the meter shall be found to be accurate and in good condition, the cost of the meter test shall be borne by the City. (5) In the event of extenuating circumstances, the Commission may, at its discretion, direct that sufficient proof other than the installation of a metering device may be acceptable to determine the quantity of wastewater discharge. Rates and charqes to be collected from wholesale users of the City sewerage system shall be the sum of the Commodity Charge and the South Central Re.qional Wastewater Treatment and Disposal Board Charge for inside City customers as stated in Sec. 53.130(D)(2). Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST: MAYOR CITY CLERK First Reading Second Reading