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02-05-08 Agenda Reg
City of Delray Beach Regular Commission Meeting oK ~~ .~ 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 T Februa 5 and the right to limit discussion rests with the Commission. Generally, remarks by axt individual will be limited to three minutes or less. The Mayor or Regular Meeting 6.00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on I3on-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. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 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 i.f 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. 100 NW 1st Avenue Delray Beach, Florida 33444 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, Phone: (561} 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010, Fax: (561) 243-3774 24 hours prior to the event in order fax the Ciry to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL.. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: • January 3, 2008 -Regular Meeting • January 1 S, 2008 -Regular Meeting • January 22, 2008 -Special Meeting ~ January 23, 2008 -Special Meeting G. PROCLAMATIONS: A. Recognizing and Commending the Delray Rocks Football and Cheerleading Squads B. The Arc of Palm Beach County S0~' Anniversary -February 7, 2008 7. PRESENTATIONS: A. "Spotlight on Neighborhoods" -Joseph Kamarata, Chair of Neighborhood Advisory Council B. "Spotlight on Education" -Marjorie Waldo, Principal, Delray Youth Vocational Charter School C. Zion Study Circle Map Project -Susan Ruby 8. CONSENT AGENDA: City Manager Recommends Approval. A, RATIFI TI N F THE NTRAL RE I ATE ATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Berard at their Quarterly Annual Meeting of January 17, 200$. B. RE E T F R IDE ALK DE 2 Approve a request to defer the installatian of a sidewalk in front of 302 Venetian Drive. C. RE E T F R IDE ALK D ERRAL PALM TRAIL• Approve a request to defer the installation of a sidewalk in front of 333 Palm Trail. 02-OS-2008 -2- D. CONTRACT ADDITION fC.Q. NO. 11/BSA CORPORATIQI~/CITY HALL INT RI R REN ATI PR E IT REM TE B ILDI PROJECT: Approve Contract Addition (C.O. No. 1) in the amount of $684,783.00 to BSA Corporation for the City Hall Interior Renovation Phase IProject/Information Technology (IT) Remote Building Project. Funding is available from 334-6112-519- 62.85 {General Construction Fund/Capital Outlay/City Hall Exp-IT Building). E. NTRA L E FINAL PAYMENT BRI LF CONSTRUCTION, INC•: Approve a Contract Closeout and final payment in the amount of $9,678.00 to Briggs Golf Construction, Inc. for completion of the Pompey Park Major League Field Sod Replacement Project. There are no changes to the original contract amount. F. CONTRA CLOSEOUT/FINAL PAYMENT/CHAZ ESZUIPMENT MP IN Approve a Contract Closeout and final payment in the amount of $47,332.70 to Chaz Equipment Company, Inc. for completion of the S.E./N.E. 1g` Street One Way Pair Project. Funding is available from 448-5461-538-65.88 (Storm Water Utility Fund/Other Improvements/SE/NE 1st St. One Way Pair} and 334-3162- 541-65.88 (General Construcrion Fund/Capital Outlay/SE/NE 1st Street One Way Pair). G. ER E A H TI N MAT N I INC,; Approve Service Authorization No. 04-08.3 in the amount of $30,582.00 to Mathews Consulting, Inc. for performing construction administration; specialty, substantial, and final inspections; review of as-built drawings; and coordination of Lake Worth Drainage District (LWDD) and Palm Beach County {PBC) certifications for the Area 4 Reclaimed Water System Project. Funding is available from 441-5181-536-65.96 (Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission). H. A TH RI TI N N H2M IN Approve Service Authorization Na. 04-09 in the amount of $89,309.00 to CH2M Hill, Inc. far professional engineering services in the design of a new 40 foot diameter lime sludge thickener unit and associated civil site improvements required in accommodating this new unit. Funding is available from 441-5161-536-65.43 (Water & Sewer Fund/Improvements Other/Sludge Thickener). I. H B ND PAL BEA H RE MED TER Y TEM Approve and authorize the execution of a Cash Bond Form and related funding in the amount of $99,017.00 with Palm Beach County for satisfying the County's permitting requirement on the Area 4 Reclaimed Water System Project. Funding is available £rom 441-51$1-536-65.96 {Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission). J. N T I N HAZ IPM P IN TAT I ATE N R Approve and authorize the execution of a construction contract in the amount of $309,110A0 for the West Atlantic Water Main Project. Funding is available from 441-5161-536-65.24 (Water/Sewer Fund/Other Improvements/W. Atlantic Avenue Phase III). 02-05-2W8 -3- K. AG EMENTS/FLORIDA PUBLIC UTILITIES1FiRE STATIOhJ. ~TO4; Approve the Improvement or Relocation of Existing Facilities Agreement and the Property Owner's Consent Form with Florida Public Utilities Company {FPUC) in the amount of $34,495.00 to allow the installation of a natural gas line to supply Fire Station No. 4 at the corner of Barwick and Lake Ida Road. L. INT A PALM Approve an Interlocal Agreement between the City and Palm Beach County for the installation of the trombone mast arms at the intersection S.W. 2"~ Avenue and West Atlantic Avenue. Palm Beach County will reimburse the City in the amount of $132,101.00 for the cost associated with this project. M. 1 RRID R I ME AT F T P RARY MODIFICATION PROTECT/GULF NDUSTRIES. INC./CHAS EQUIPMENT; Approve and authorize the purchase of temporary curbing in the amount of $125,169.00 to Gulf Industries, Inc.; and hire Chaz Equipment in the amount of $325,998.70 for the installation of the temporary improvements along S.E./N.E. 5~` Avenue and S.E./N.E. 6`" Avenue between S.E. 10'~ Sheet and George Bush Boulevard. Funding is available from 334-4141-572.65.99 {General Construction Fund/Capital Outlay/S.E./N.E. 5`~ & 6'~ Avenue/S.E. 4`~'). N. INITIATION OF ANNEXATION/FAIR OA~$ CENTER: Initiation of annexation, via the provisions of the executed water service agreements and consent to annexation, with initial zoning of Community Facilities {CF) of the Fair Oaks Center, located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail. O. ITY F Y B -RE IP I EME DELRAY TH T AL HARTE H L• Approve and authorize the execution of a funding agreement in the amount of $25,542.00 with sub- recipient, Delray Youth Vocational Charter School, under the Weed & Seed Program (now known as the Coalition for Community Renewal). Funding is available from l i 5- 2126-521-83.01 {Special Projects Fund/Weed and Seed Grants/Other Grants/Aid). p. DB B- IPIE I E Approve and authorize the execution of the funding agreement with one (1} sub-recipient (Fair Housing Center of the Greater Palm Beaches, Inc.) under the Community Development Block Grant {CDBG) program for FY 2007-2008 Annual Action Plan, with the total funding in the amount of $5,000.00. Funding is available from 118-1966-554-82.12 (Community Development Fund/Aid to Private Organization/Fair Housing Center). 02-05-20(38 -4- Q. COMMUNITY DEVELOPIVIENT__ BLOCK GRANT {CDBG~Sj1B_ RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of the funding agreement with The Center for Technology, Enterprise and Development, Inc. (T.E.D. Center) under the Community Development Block Grant (CDBG} program far FY 2007-2008 in partnership with the Community Redevelopment Agency (CRA), with the total funding in the amount of $55,000.00. Funding is available from 118-1966-554-83.01 {Community Development Fund/other Grants and Aids}. R. HOUSING REHABILITATION GRANT/CONTRACT_AWARD: Approve one (1) Housing Rehabilitation grant/contract award through the Community Development Division in the amount of $22,$55.35 to Brian Rega, Inc. {313 N.W. 4~' Avenue). Funding is available from 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). S. MODIFICATION/200b-2007 STATE HOMELAND SEG~IRITY GRANT PROGRAM SUB-RECIPIENT AGREEMENT/FLORIDA DEPARTMElyT OF FINANCIAL SERVICES: Approve a request to authorize a Modification of the 2006 - 2007 State Homeland Security Grant Program Sub-Recipient Agreement, Office of Domestic Preparedness through the State of Florida, Department of Financial Services Division. The Modification is to extend the grant expiration period from January 31, 2008 to May 31, 2008. T. SPECIAL EVENT REt?UERT/FASHION SHOW: Approve a special event request to allow a Fashion Show sponsored by the Downtown Marketing Cooperative, to be held on March 7, 2008 from 7:00 p.m. to approximately 9:00 p.m., to grant a temporary use permit per LDR Section 2.4.6.(F) for the closure of Atlantic Avenue between N.E./S.E. 5`s Avenue and N.E./S.E. 6~' Avenue From approximately 4:00 p.m. to 10:00 p.m., and to provide staff assistance for security, traffic control and barricading, contingent upon receipt of a certificate of general liability insurance. U. P Accept the actions and decisions made by the Land Development Boards for the period January 14, 2008 through February 1, 2008. V. ,WARD QF BIDS AND CONTRACTS: 1. Contract award to Atlantic Refrigeration Corporation in the amount of $16,097.00 for the emergency replacement of an air conditioning unit at the Police Department Holding Facility. Funding is available from 334-6112-519- 46.10 {General Construction Fund/Repair & Maintenance Services/Building Maintenance}. 2. Contract award to JCI Jade Communications, Inc. in the amount of $18,570.55 for the installation of telephone and data communication {low voltage wiring} for the Pompey Park Community Center Improvements Project. Funding is available from 380-4150-572-62.61 (2004 G.O. Bond/Buildings/Pornpey Park- Expansion}. OZ-05-20()8 -5- 3. Bid Award to Expertech Network in the amount of $1,384,333.34 for construction of the Area 4 RecL~imed Water System Project. Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Other Improvement/Reclaimed Water Transmission). 4. Bid award to Pro Courts in the amount of $19,987.00 for resurfacing seven ('1) hard courts at the Delray Beach Tennis Center. Funding is available from 001- 4215-575-46.90 (General Fund/Other Repair/Maintenance Costs). 5. Purchase award to Ti Training Corp in the amount $142,997.00 for a firearms simulator for the Police Department. Funding is available from 334-2111-521- 64.90 (General Construction Fund/Other Machinery/Equipment). 9. REGULAR AGENDA: A. WAIVER ~~OUESTS/CONDITIONAL USE ~ZUEST/HiJNTER CRANE: Consider a request for two {2) waivers and a conditional use request to aIIow the establishment of storage and rental of construction equipment that does not exceed 100 feet long, 14 feet wide and 15 feet high for Hunter Crane, Located approximately 140 feet north of West Atlantic Avenue and west of Congress Avenue within the MIC (Mined Industrial and Commercial) District. (Quasi Judicial Heating) B. WAIVER REQUEST/COMMUNITY LAND TRUST, INC.: Consider a request for waiver of Land Development Regulations (LDR) Section 4.1.4(D), "Use of Lots of Record," and Section 4.7.12, "Other Incentives", governing the use of non-conforming lots under the Workforce Housing Ordinance for one (1), 45.20 feet wide lot submitted for permitting by Habitat for Humanity in partnership with the Community Land Trust, Inc. The property is located at 303 S.W. 2`~ Street. (Quasi Judicial Hearing) C. PUBLIC PARKING FEE SPACES/36 FIRST: Consider approval of a request from 36 First to purchase four (4) public parking fee spaces in the amount of $72,000.00 to accommodate the construction of a 2-story structure containing 5,355 square feet of office space, located at 36 S.E. 1$` Avenue. (Quasi Judicial Hearing) D. SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND CULTURAL SHOW; Approve a special event request to allow the Ss' Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be held on April 19 - 20, 2008 from 10:00 a.m. unti110:00 p.m. an the grounds of Old School Square and in the Old School Square surface parking lat, granting a temporary use permit pet LDR Section 2.4.6{F~ far street closure and use of the Old School Square surface parking Lot and City HaIl pazking lots; authorize staff support for security and traffic control, site clean up and trash removal, barricading, EMS assistance and event signage; contingent upon receipt of a certificate of general liability insurance, state inspection certificate, and a bald harmless agreement. The applicant is requesting a reduction in City costs. _~,.. 02-05-2008 E. AMENDME N A EME FI ER E BEACH WI-FI, INC.: Consider approval of Amendment No. 1 to the Wireless Broadband Agreement between the City and Delray Beach WI-FI, Inc.; and Consent to Assignment with a-Path Communications of Delray Beach, Inc. regarding the wi_ fi system through out the entire City. F. APPEAL OF WAVER DENIAL/BRU'S ROOM: Consider an appeal received from Mr. Brudzinski regarding the City Manager's denial of his request to expand his business license premise to aIIow the consumption of alcoholic beverages on the Ocean City Lumber Parking lot property on March 15, 2008 from 11:00 a.m. to 11:59 p.m. for the St. Patrick's Day Parade. Staff recommends denial of the appeal. G. MULTIPLE AWARDS/AUTOMOTIVE PARTS ANNUAL CONTRACT: Consider approval of multiple awards to bidders in an estimated annual cost of $75,000AO for the purchase of automotive parts stocked in the Purchasing Warehouse. Funding is available from various departments operating budgets. H. AUTHORIZATION T4 HIRE OUTSIDE COUNSEL/CITY _ U~ DELRAY BEACH V. MARGUENE ST. JUSTE: Consider authorizing the City to hire Kara Rockenbach, Esquire to handle the Oral Argument in the Appellate Case of the City of Delray Beach v. Marguene St. Juste at the rate of $225.00 pet hour. I. BID A Consider approval of a bid award to Accurate Event Services in the amount of $39,702.91 far private security services for the International Tennis Tournament. Funding is available from 001-4210- 575-55.40 (General Fund/Tennis Tournament). J. PR I E IN PA LD D F ITY FEES: Consider approval of a proposed increase in Pavilion, Field and Facility Rentals Fees and implementing a charge for the use of fields. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 3$-07 (SECOND READING/SECOND R BLI HEARINGI: City initiated amendments to the Land Development Regulations (LDR) which intend to clarify the current regulations, provide parameters, and define compatible development within the City's five (5} historic districts and individually designated properties. az-os-zoos -7- B. RE L TI N N NTRA T FOR ALE AND PUR HA E F PROPERTY/COMMUNITY REDEVELOPMENT AGENCYITRI-PARTY AND INTERLOCAL AGREEMENT: Consider approval of Resolution No. 03-08 authorizing the City to sell certain real property located behind the Old Delray Beach Library, for the development of the old library site; and approve a Contract for Sale and Purchase between the City and the Community Redevelopment Agency (CRA); and approve a Ta-Party and Interlocal Agreement between the City and the Community Redevelopment Agency {CRA) which will allow the transfer/sale of Lots 14, 15, 16, 17 and 18 of Block 101 to the CRA to facilitate the ultimate transfer by the CRA of the entire old library site to the Developer selected by the CRA for development of the entire site. (THIS ITEM I5 POSTPONED DUE TO NELVSPAPER ERROR IN ADVERTISING) C. RE OLUTION N -0 NTRA T F R ALE AND PURC E F PROPERTY/RICHARD LICASTRI AND ROSEMARY CU RAN 126 N.W. 2Nn AVENUE -136 N.W. 2Nn AVENUE: Consider approval of Resolution No. 04- 08 authorizing the City to purchase property located at 126 N.W. 2"a Avenue through 136 N.W. 2"d Avenue for future expansion of the municipal complex; and approve a Contract for Sale and Purchase between the City and Richard Licastri and Rosemary Curran in the amount of $675,000.00 for the property located at 126 N.W. 2"d Avenue through 136 N.W. 2"d Avenue. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 02-08: City initiated amendment to the Land Development Regulations (LDR) Sections 4.4.13(C), and 4.6.9(E){4), to apply minimum property vacancy period requirements for mechanical parking lifts, in-lieu of parking fees, and public parking fees for in-fill developments within the Central Business District (CBD} and also to Appendix "A", Definitions, to amend the definition of In-Fill Development. If passed, a public hearing will be scheduled for February 19, 2008. B. RDINANCE N Consideration of a rezoning from Special Activities District (SAD) to Open Space and Recreation (OSR} fora 0.72 arce City owned parcel, located east of the recently approved Midtown Delray mixed-use development {F.K.A. Bloods Hammock Grove} and west of Orchard View Paxk. If passed, a public hearing will be scheduled for February 19, 2008. 02-05-2008 -8- C. ORDINANCE NO. 07-Q$; City initiated amendment to the Land Development Regulations (I.DR) Section 2.4.3, "Submission Requirements", Subsection 2.4.3{x), "Fees", Subsection 2.4.3(x}(1), "Development Applications", to provide for an increase in certain development application fees. If passed, a public hearing will be scheduled for February 19, 2008. D. ORDINANCE NO.10-08: An ordinance creating Chapter 94, "Municipal Cemetery", of the Code of C-rdinances by enacting Section 94.01, "Authority", to provide for rules and fees fox the municipal cemetery. If passed, a public hearing will be scheduled for February 19, 2008. 13. COMMENTS AND INQUIRIES ON NUN-AGENDA ITEMS. A. City Manager B. Ciry Attorney C. Ciry Commission POSTED: FEBRUARY '1, 2Q08 02-05-2008 -9- JANUARY 3, 2008 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:02 p.m., Thursday, January 3, 2008. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Woodie McDuffie Mayor Rita Ellis Absent - Commissioner Brenda Montague Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Representative Patrick Archer with the First Church of Christ Scientist. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis requested to move Item $.B., Ratification of a Sidewalk Easement Sidewalk Construction and Main#enattce A reement/Block 77 Development Group, from the Consent Agenda to the Regular Agenda as Item 9.A.A. Also, Mayor Ellis stated Item 12.A., Ordinance No. 03-08 will become Item 10.D. (First ReadinglFirst Public Hearing} and Item 12.D., Ordinance No. 04- 08 will become Item 10.E. (First ReadinglFirst Public Hearing). Mr. Eliopoulos requested that Item 8.A., AQreementlLan~ton Associates Inc./Grant Writin Services of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. and Item 8.N.2., be moved to the Regular Agenda as Item 9.A.A.A.A. The City Attorney stated she would like to clarify the vote on Item S.N.4. and stated the vote the Commission is taking is the vote to make the award in the amount stated but also to waive the bonding requirement because the City's policies require a waiver by the City Commission for $100,000.00 and $200,000.00. She stated it would be to award and also grant the waiver. The City Attorney stated for Item 8.N.5. the language should read "that the amount should not exceed $1b,140.00" because it could be 01/03/08 less and also because the contract is not totally complete on the Agenda it should be subject to the City Attorney's office review of the lease agreement. Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. S. APPROVAL OF MINUTES: Mr, McDuffie moved to approve the Minutes of the Regular Meeting of December 1 1, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of December 18, 2007, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Capin for the First-Non-Partisan Election to be held on March 11 Zoos Mayor Ellis read and presented a proclamation to Chevelle D. Nubin, City Clerk hereby calling for the First Nonpartisan Election to be held on Tuesday, March 11, 2008, between the hours of 7:00 a.m. and 7:00 p.tn., at all the precincts and poling places in the City of Delray Beach as designated by the Supervisor of Elections. 7. PRESENTATIONS: 7.A. "Spotlight on Neighborhoods" - Arthur Brown, Chair of Nei~hb__orhood Advisory Council This item has been removed from the Agenda by the Community Improvement Department. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. B.B. THiS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. -2- 01/03/08 8.C. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLEI CANVASS ABSENTEE/PROVISIONAL BALLOTS AND REPRESENT' THE CITY AT LOGIC AND ACCURACY TESTS FOR THE FIRST NON-PARTISAN ELEC'T'ION: Authorize the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee and provisional ballots for the March 11, 2008 First Non-Partisan Election, and represent the City at the requisite Logic and Accuracy tests. 8.D. AGREEMENTIPALM BEACH COUNTY/DISASTER RECOVERY INITIATIVE ~DRI) PROGRAM: Approve an agreement between the City and Palm Beach County for funding in the amount of $980,000.00 for the implementation of the Housing Rehabilitation Program funded under the Disaster Recovery Initiative (DRl) Program, 8_E. AGREEMENTIPALM BEACH COUNTY/DELRAY BEACH ROCKS YOUTH ORGANIZATION: Approve an agreement between the City and Palm Beach County Recreation Assistance Program {RAP) District 7 for funding in an amount not tv exceed $3,000.00 to help offset costs for the Delray Beach Rocks Youth Organization trip to the Sports Network Football Championships, which was held on November 21 -- 27, 2007 ir} Daytona Beach, Florida. 8_F. INTERLOCAL AGREEMENTICOMMUNITY REDEVELOPMENT AGENCY/CURB APPEAL PROGRAM: Approve an agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $50,000.00 for FY 2007 2008 for the implementation of the Curb Appeal Program within the CRA area. 8.G. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/135 NW 5' AVENUE: Approve an agreement between the City and Community Redevelopment Agency (CRA) for management and funding of the construction/rehabilitation of the CRA owned mixed-use building located at 135 NW 5`'' Avenue. The CRA will cover the full cost of the rehabilitation work and the City will be paid an administrative fee for handling the project equal to two percent (2%) of the total job cost, not to exceed $20,000.00. 8.H. SPECIAL EVENT REOUESTIDELRAY AFFAIR: Approve a special event request from the Chamber of Commerce to endorse the 46` Annual Delray Affair to be held on March 28 - 30, 2008; including a temporary use permit per LDR Section 2.4.6 (F) for use of City property and rights-of--way as required, to waive LDR Section 4.6.7 {E)(3)(c) to allow signage to be installed more than one {1) week prior tv the event, banner hanging within the site area, vendor permits to be assigned and approved by the Chamber of Commerce, this is the only event to be held on the above-mentioned dates in the City, to allow reserved parking for entertainment and exhibitors as requested; contingent upon receipt of a certificate of general liability insurance, liquor liability insurance, and a hold harmless agreement. -3- 01 /03/08 S.I. SPECIAL EVENT REOUESTIHOWARD ALAN 1I'" ANNUAL WINTER STREET CRAFT FESTIVAL: Approve a special event request to endorse the 11" Annual Delray Beach Winter Street Craft Festival to be held on February 23 - 24, 2008 from 10:00 a.m. - 5:00 p.m.; including a temporary use permit per LDR Section 2.4.b(F) far use of NE/SE 4''' Avenue, one block north/south of Atlantic Avenue as well as the north end of Hand's parking lot for vendor parking; and to authorize staff support for security and traffic control wish the event sponsor paying al] overtime costs, and to permit an event sign to be erected on Atlantic Avenue just east of I-95, ]0 days prior to the event per City Code contingent upon receipt of a hold harmless agreement. 8.J. SPECIAL EVENT REQUEST/3"d ANNUAL LYMPHOMATHON SK WALK: Approve a special event request to endorse the 3`° Annual Lymphomathon 5K Walk to be held on Sunday, March 2, 2008 from 7:30 a.m. until approximately 10:00 a.m., with set up at 5:30 a.m., to grant a temporary use permit per LDR Section 2.4.(~(F} for the use of Anchor Park and the sidewalks along A-1-A, to authorize staff support for traffic control and to waive parking fees in the Anchor Park lot from 7:00 a.m. to approximately 10:00 a.m., authorize staff assistance for providing traffic control, barricading, signage, clean up and stage set up and use; contingent on the sponsor providing the required liability insurance. 8.K. RENEWAL/RAILROAD LIABILITY 1NSURANCE POLICY: Approve a request to renew the current Railroad Liability ]nsurance Poliey required by the City as outlined in the contract with Florida East Coast (FEC) Railroad. 8.L. RESOLUTION NO. 01-08: Approve Resolution No. 01-08 urging members of the Florida Legislature to support municipal issues during the 2008 Legislative Session. The caption of Resolution No. 01-08 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION. (The official copy of Resolution No. OI-08 is on file in the City Clerk's B.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 10, 2007 through December 28, 2007. -4- O l /03108 8.N. AWARD OF SIDS AND CONTRACTS: 1. Bid award to Devland Site Development, Inc., in the amount of $164,700.00 for hauling and disposal of lime sludge from the Water Treatment Plant. Funding is available from 441-5122-536- 3490 (Water and Sewer Fund/Other Contractual Services). 2. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 3. Contract award to Rosso Paving & Drainage, Inc. in the amount of $266,920.00 for the Rainberry Woods Neighborhood Improvements Project. Funding is available from 334-6130-541- 63.20 (General Construction FundlLandscaping/Beautification). 4. Purchase award to Insituform Technologies, Inc. in the amount of $149,429.50 for the annual Sanitary Sewer Main Rehabilitation Program piggybacking on Manatee County, Florida (RFP #04- 3794 FL), Funding is available from 442-5178-536-63.51 (Water/Sewer Renewal and ReplacementlSewer Mains). 5. Lease award to American Honda Finance not to exceed $16,140.00 annually over a three (3) year period for five (5} vehicles for the Police Department. Funding is available from 001-2115-521- 44,40 (General FundlVehicles). Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.A. RATIFICATION OF A SIDEWALK EASEMENT, SIDEWALK CONSTRUCTION AND MAINTENANCE AGREEMENT/BLOCK 77 DEVELOPMENT GROUP: Approve and ratify a sidewalk easement, sidewalk construction and maintenance agreement allowing Block 77 Development Group to construct and maintain a sidewalk over a small portion of City property located on the south side of Worthing Park; and the proposed sidewalk easement area starting at SE 2°~ Avenue and extending approximately 140` west along the south side of Worthing Park. dais. Mr, Eliopoulos declared a conflict of interest and stepped down from the -5- 01/03/08 Paul Dorling, Director of Planning and Zoning, stated this was part of the site plan approval process. He stated the building was very close to Worthing Park and the sidewalk associated with its approval extended on the City's property thus requiring this easement. Mayor Ellis stated this will remain a public sidewalk for use by the public. Mr. Dorling stated the property will stay in the City's ownership but will just have an easement for a public sidewalk over it. Mr. McDuffie moved to approve the ratification of a sidewalk easement, sidewalk construction and maintenance agreementlBlock 77 Development Group, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 3 to 0 vote. 9.A.A.A. AGREEMENTILANGTON ASSOCIATES, 1NC.IGRANT WRITING SERVICES: Consider approval of a Consulting Agreement between the City and Langton Associates in the amount of $2,500.00 per month for grant writing services. Funding is available from 001-1 i 1 l -S 11-34.90 {General Fund/Other Contractual Services). Doug Smith, Assistant City Manager, stated the City has had agreements with Langton Associates, lnc. in the past and most recently the year 2000 in which they were also a bidder for Palm Beach Gardens. The Commission at that time looked at the other companies that also bid on Palm Beach Gardens and decided to retain their services with Langton Associates, lnc. Mr. Eliopoulos asked if the City has looked at other potential companies that maybe should have been considered. The City Manager stated Langton Associates, Inc. has assisted the City of Delray Beach in applying for a number of Florida Recreation Development Assistance Program Grant (FRDAP) grants and have received them for several different parks. Mr. Fetzer stated this is for a ten month agreement with a one year renewal and asked if the City has a cancellation option for less than ten months. He stated he concurs with Commission Eliopoulos and feels that we need to look at all options before we commit ourselves long-term. Mr. Smith stated the City currently has a thirty day notice without cause. Mr. Eliopoulos moved to approve the consulting agreement between the City of Delray Beach and Langton Associates in the amount of $2,500.00 per month for grant writing services, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer Yes. Said motion passed with a 4 to 0 vote. -6- 01/03/08 9.A.A.A.A. Con#ract_award_ to All-Ri#e Paying Contractors,_Inc. in the amount. of 5113,500.00 for the S.W. 8t Avenue Roadway Improvements Project. Funding is available from 334-3162-541-65.34 (General Construction FundISW 8'" Avenue-SW 11'" Street-SW 10'"} and 448-5461-538-65.34 (Stormwater Utility FundISW_ _8_"' Avenue-SW 11'" Street-SW 10'"}. Richard Hasko, Director of Environmental Services, stated this is a recommendation for a contract award for construction of S.W. 8`" Avenue Roadway Improvement Project. The City had a number of bidders on this project and the apparent low bidder was considered non-responsive and his bid indicated that he was going to sub- grade the asphalt and the concrete work which amounts to 82% of the total contract value. The City's standard specifications allow a maximum of 40% subcontracting and on that basis the City had to consider him non-responsive. Therefore, the City went to the lowest responsive bidder which is All-Rite Paving Contractors, lnc. Mr. McDuffie moved to approve the Contract Award to All-Rite Paving Contractors, lnc. {lowest responsive bidder), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.A. RECONSIDERATION OF ONE CONDITION OF THE CONDITIONAL USE APPROVAL/EBENEZER WESLEYAN METHODIST CHUKCH: Consider an amendment of a condition required within the conditional use approval for Ebenezer Wesleyan Methodist Church. (Quasi-Judicial Hearing) The City Attorney made a clarification to the Agenda and stated this item should read "modification/amendment" because it is technically not a reconsideration under Roberts Rules. Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex pane communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-100 into the record. Mr. Dorling stated this is an amendment to a condition required with the original conditional use approval for Ebenezer Wesleyan Methodist Church. The proposed church will be located on Lots 1 with an offsite parking facility on Lot 2. The current church is located on parcel 3. As part of that, it was acknowledged that the existing facility now utilizes parcel 2 for its off-site parking and there was a concern about developing this and then this going to a separate entity with the elimination of the -7- 01/03/08 spaces that they partially use for parking creating an overflow situation in the neighborhood. Mr. Dorling stated the condition stated "That the existing church facility be retained as a support facility to the Ebenezer Wesleyan Methodist Church, far a period not less than six (6) months from the date of the issuance of the certificate of occupancy of the new facility". Mayor Ellis stated if anyone from the public would like to address the Commission regarding the modification, to please come forward at this time. Reverend R.L. Howard Pastor with Ebenezer Wesle an Methodist Church, stated he went to the Planning and Zoning Department because he is having problems with securing a bank loan to construct the new church facility. He urged the Commission to support the modification so that they can move forward with this project. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -~ Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.B. WAIVER REQUEST/La CIGALE RESTAURANT: Consider a request for waiver of Land Development Regulations (LDR) Sections 4.6.7 {H)(3)(a){2), "Flags", pursuant to the request by the agent for the La Cigale Restaurant, located at 253 SE 5`" Avenue. (Quasi-Judicial Hearin Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. McDuffie stated he received a telephone call from the applicant's Attorney. Mayor Ellis stated she receive a telephone call from the applicant's Attorney as well. Mr. Eliopoulos stated he too received a telephone call from the applicant's Attorney and also saw the presentation at the Site Plan Review and Appearance Board. Mr. Fetzer stated he received a telephone call from the applicant's Attorney as well. Lula Butler, Director of Community Improvement, stated this is a waiver to Land Development Regulations Seetion 4.6.7(H)(3)(a)(2), pursuant to the request by the agent for the La Cigale Restaurant, located at 253 S.E. 5`" Avenue. La Cigale recently completed a renovation expanding their parking lot to provide access from S.E. 6`" Avenue. The restaurant has three (3) flag poles at the main entrance of S.E. 5`n -8- 01/03/08 Avenue. Two poles are 20-ft high and one is 25 feet high; they are made of aluminum and are located behind the free standing sign. On November 14, 2007, the applicant requested Site Plan Review & Appearance Board (SPRAB) consideration for waiver to the Sign Code LDR Section 4.6.7(H)(3)(a){2), which limits the number of flags to no more than three (3) for any parcel or development less than one acre in size zoned and used for non-residential purposes. The agent is requesting approval to erect three (3) additional flag poles on the S.E. 6'~' Avenue access to duplicate the visual appearance in place on the S.E. 5'~' Avenue access. Their position is that additional flags will result in amore symmetrical appearance to the property; only three (3) flags will be visible at any time as the property faces two one-way streets, and that the location is unique and out of the ordinary. SPRAB supported their request; however, staff is having a difficult time supporting this request because there are a number of businesses that are similarly located and have two accesses between the Federal Highway pairs and businesses along Federal Highway and Dixie Boulevard that may come to the Commission with the same waiver request. Mrs. Butler stated in this instance, the parking lot was built separately and they tied it together by Unity of Title and had they not done that it could have been a stand alone parking lot and they could have tied it with an off-site parking agreement and therefore entitled to have the flags. She stated if the Commission supports this then they may require that the agent eliminate the Unity of Title and do an off site parking agreement. Mrs. Butler stated Section 2.4.7{B)(5) of the Land Development Regulations allows the City Commission to grant waivers to this code, which governs signs, providing that the Commission shall make a finding of fact based on one of the following: {1) the granting of a waiver shall not adversely affect the neighboring area, (2) shall not signif cantly diminish the provision of public facilities, (3) shall not create an unsafe situation, and {4) does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Staff urged the Commission to consider the option that has been proposed. Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 North Swinton Avenue Delra Beach stated initially this was shown as a variance on the staff report and explained that this is only a waiver and not a variance to allow three (3) additional flags for the La Cigale Restaurant. He stated they do believe that a hardship does exist in this case. Mr. Mankoff stated they have four requirements that must be met: (1) the granting of a waiver shall not adversely affect the neighboring area, (2) shall not significantly diminish the provision of public facilities, (3) shall not create an unsafe situation, (4} does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Mr. Mankoff stated these flags toll customers what kind of cuisine and food will be served and noted the flags are also symbols that provide a method of communication. He stated the restaurant is unique because they are located on such a narrow lot with narrow frontage. Mr. Mankoff stated SPRAB voted 5 to 1 in favor of this waiver and they felt the flags were aesthetically pleasing and looked good. He stated the flags serve as a point of reference or a landmark which makes the street safer especially at night when drivers can look for the flags versus trying to read dark street signs especially on such a narrow street. Mr. Mankoff urged the Commission to approve this waiver and -9- 01/03/08 support SPRAB's recommendation in this case Mayor Ellis stated if anyone from the public would like to speak in favor or in apposition of the waiver request, to please come forward at this time. Michael Singer stated he has a procedural question of bath the Attorney and the City Commission. Mr. Singer commented about the Commission disclosing that they had conversation with the applicant's Attorney prior to them hearing the item. Mr. Singer expressed concern that if he had a case before the City Commission that he can call the Commission and talk to them about it and perhaps lobby the Commission in favor of his point of view privately and then the Commission ends up voting on this case. Mr. Singer stated it would be helpful for him and the public to understand that position. Mr. Singer stated he would like to know what the telephone conversations consisted of, The City Attorney stated the City Commission is allowed to have ex parte communications with anyone and when they do so during aQuasi-Judicial Hearing the Commission discloses on the record that they did have these conversations. The City Attorney stated because Mr. Singer inquired she advised each Commissioner to briefly explain about what was said. Mr. Mankoff stated he actually just spoke with Mr. Eliopoulos and noted that he believes that most of the Commissioners meant they spoke with Attorney Michael Weiner. Mr. McDuffie stated the comments are typical for someone wishing for the Commission to take a close look at the situation and ask for their consideration. Mr. McDuffie stated his conversation lasted approximately 30-45 seconds. Mayor Ellis stated they explained their position on this item and her response was that she would give it due consideration. Mr. Eliopoulos stated his conversation had nothing to do with this item in the sense of how he was voting but it was that Mr. Mankoff wanted to attend a football game this evening and did not want Mr. Eliopoulos to pull a lot of items off the Consent Agenda {and moved to the Regular Agenda) to stretch out the night. Mr. Fetzer stated he spoke with Attorney Michael Weiner today and basically covered him on some of the highlights of what Mr. Mankoff was going to present this evening. Mr. Fetzer stated he has a policy of not making any commitment whether someone is for or against an item as far as how he is going to vote. Mr. Fetzer stated he listens and welcomes input from both sides and that was strictly the extent of his conversation with the Attorney. At this point, Chevelle D. Nubin, City Clerk, swore in the following individual: Kevin Warner, 248 Venetian_Drive, Delray Beach, stated many drivers do not know where the restaurant is located; however, he does not feel that more flags or larger flags will help motorists find the restaurant more easily because it is approximately 300 feet from Venetian Drive. He encouraged the applicant to work within the confines of the existing Land Development Regulations to come up with some way to improve the signs or the access drivers would have if they do not know where to go. -10- 0l /0310& Mayor Ellis informed Mr. Warner that this item is related to La Cigale Restaurant on South Federal Highway and believes he is speaking on the incorrect item. Pauline Mood 609 S.W. 8`h Avenue Delra Beach stated when you go to a restaurant you do not care about the flags but you want to know what is going to be on the menu and if it is going to be pleasing to people. Ms. Moody stated she is confused as to why the Commission needs to vote over how many flags to hang in the restaurant. She is not in favor of any flag being put up and suggested that a nice sign with the Warne of the business be put up and make sure people go in the right direction. There was no cross-examination. The following individual gave a brief rebuttal: Mrs. Butler clarified that the City's sign code does provide for flags on all commercial properties and the number of flags is based on the size of the parcel. Therefore, she stated if someone is over one acre they are allowed additional flags. Mr. Mankoff apologized for not having a PowerPoint presentation and noted the flags are proposed to be on the outside of the restaurant not the inside. Mr. Mankoff read a letter into the record from the General Manager of La Cigale Restaurant. The City Attorney stated the condition of Unity of Title was imposed previously in 2005 by the City. She stated the off-site parking agreement would almost do the same thing as the Unity of Title; however, it would take a modification from the Site Plan Review and Appearance Board to modify that condition to let go of the Unity of Title requirement and grant an off-site parking agreement. The City Attorney suggested not putting that condition and leave it as a Unity of Title but recognizing that it is really a form over substance. The City Attorney stated it is really how it is currently titled that is causing the issue. The City Attorney recommended that the Commission not change the condition and look at requirements of LDR Section 2.4.7(B)(5). The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffe -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9.C. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT & MEMORANDUM OF AGREEMENTIPOLICE BENEVOLENT ASSOCIATION: Ratify and approve the Collective Bargaining Agreement and Memorandum of Agreement between the City and the Police Benevolent Association (Police Officers and Sergeants} from the date of ratification through September 30, 2008. -11- 01/03/08 Bruce Koeser, Human Resources Director, stated the City of Delray Beach has reached an agreement with the Police Benevolent Association (PBA) Collective Bargaining Agreement. He stated highlights include a step plan of five percent (5%) increments, a small change to the Article on take-home cars, and a good increase to starting pay which will help the City with recruiting. Mr. Koeser thanked Sergeant Rosenthal and his negotiating team, Major Hartman, and Shirley McKennon, Assistant Human Resources Director. Mr. Koeser stated the total cost is approximately $270,000.00 for the year and about 3 '/2 percent. Mayor Ellis thanked everyone for their hard work. Mr. Fetzer moved to approve the ratification of the Collective Bargaining Agreement and Memorandum of Agreement between the City of Delray Beach and the Police Benevolent Association (Police and Sergeants) from the date of ratification through September 30, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.D. PROPOSALS/VIRTUAL TOURS: Consider proposals from Sound Investments by J.W., Inc. dlb/a Pro DVD Makers and the City's Information Technology Department (1T) regarding the Virtual Tours on the City's website. The City Attorney stated this is a proposal by J.W., Inc. for virtual tours for $24,000.00 and they would also sell the City the Domain Name (www.theCityofDelrayBeach.com), The City's IT Department has come forward with an idea of their own so there are competing proposals. The City Attorney stated the 1T Department stated they believe they can host the City's website for a cost of $5,000.00 (cost of the camera equipment) and they believe the duality of the picture would be very good. The City Attorney stated there are three options: (1) purchase the virtual tours and Domain Name (www.theCityofDelrayBeaeh.com) as James Arena with J.W., Inc. has proposed, (2) let the City's IT Department do it for $5,000.00 or {3) let the existing virtual tours expire and do nothing. After brief discussion, it was the consensus of the Commission to place this on the January 8, 2008 SpeciallWorkshop Meeting in order to hear the proposal from the 1T Department. At this point, the time being 7:08 p.m., the Commission moved to the duly advertised Public Hearings. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 38-07 (FIRST R_E_ADINGIFIRST PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR) which intend to clarify the current regulations, provide parameters, and define compatible development within the City's five (5) historic districts and individually designated properties. If passed, a second public hearing will be scheduled for January 15, 2008. -12- 01/03/08 The caption of Ordinance No. 3$-07 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 BY AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS", SUBSECTION 2.4.6(H), "CERTIFICATE OF APPROPRIATENESS FOR H15TORIC STRUCTURES, SITES, AND IN HISTORIC DISTRICTS", PROVIDING CLARIFICATION OF THE REQUIREMENTS AND PROCEDURES FOR OBTAINING A CERTIFICATE OF APPROPRIATENESS; AMENDING SECTION 3.2.4, "STANDARDS FOR SPECIFIC AREAS OR PURPOSES", SUBSECTION 3.2.4(E), "H15TORIC DISTRICTS AND SITES", PROVIDING FOR AND INCORPORATING THE DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES AND THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION; AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD", TO PROVIDE FOR VARIANCES; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION 4.3.3(Q), "GUEST COTTAGE", TO PROVIDE THAT HEIGHT SHALL NOT EXCEED THAT OF THE MAIN STRUCTURE 1N HISTORIC DISTRICTS; AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS 4.4.17(A), "PURPOSE AND INTENT", AND 4.4.17(G), "SUPPLEMENTAL DISTRICT REGULATIONS", PROVIDING PARKING REQUIREMENTS FOR CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTIONS 4.4.24(D), "CONDITIONAL USES AND STRUCTURES ALLOWED" AND 4.4.24(H), "SPECIAL DISTRICT REGULATIONS", CLARIFYING THAT PARKING LOTS NOT ASSOCIATED WITH A USE MUST BE PUBLIC AND CLARIFYING SPECIAL DISTRICT REGULATIONS; AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTIONS 4.5.1(B), "CRITERIA FOR DESIGNATION OF HISTORIC SITES OR DISTRICTS", 4.5.1(E), "DEVELOPMENT -13- 01/03/08 STANDARDS", AND 4.5.1(L), "DESIGNATION OF HISTORIC DISTRICTS", BY CLARIFYING THE APPLICATION OF DEVELOPMENT STANDARDS WITH RESPECT TO USE, ZONING DISTRICT AND HISTORIC CLASSIFICATION; AND AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE A NEW DEFINITION FOR "HARDSCAP.E", AND TO PROVIDE AMENDED DEFINITIONS RELATED TO HISTORIC PRESERVATION; PROVIDING A SAVING CLAUSE, A GENERAL RF,PEALER CLAUSE AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 38-07 is on file in the City Clerk's 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. The City Attorney stated there is revised information regarding Ordinance No. 38-07 because there have been some very small changes that correct dates and other grammatical things. She stated this is the ordinance that the Commission will be voting on. Paul Dorling, Director of Planning and Zoning, stated staff has been working on this for quite some time. This began on April 16, 2006 with a six month moratorium from the City Commission and the hiring of REG and Urban Design Studios to come up with some LDR recommendations and design guidelines. Those were done in a six month period and the LDRs were drafted. The Historic Preservation Board {HPB) considered these at their November 1, 2006 meeting and recommended approval. At its meeting of November 20, 2006, the Planning and Zoning Board considered it and also recommended approval. Mr. Dorling stated there were some subsequent changes that were made and it went back to the Planning and Zoning Board for their February 26, 2007 meeting and this failed with a 0 to 6 vote. At its meeting of March 20, 2007, the City Commission recommended denial with a 3 to 1 vote. At that meeting, he stated there was direction given to staff to meet with the development community and have a Charrette to discuss these issues. The Charrette was held in May 2007 when approximately ten (10) local design professionals participated in a design exercise to apply the proposed guidelines to specific properties located within the historic districts. Out of that Charrette there was a new ordinance created in August 2007 and was recommended by the Historic Preservation Board (HPB) for approval. At its meeting of August 20, 2007, the Planning and Zoning Board considered the revised ordinance and recommended denial with a 7 to 0 vote. A City Commission Workshop was held on October 4, 2007, to discuss the status of the amendments and staff's approach to addressing the concerns of the Planning and Zoning Board and the Historic Preservation Board and then staff would bring hack an ordinance to the Commission in that form, As -14- 01 /03108 staff went through the process the ordinance that the Commission has before them was actually supported by both Boards and therefore staff did not have the significant change that they had anticipated. Mr. Dorling stated staff discussed this at a Planning and Zoning Workshop Meeting in November and at a Historic Preservation Board Workshop Meeting in November. On December 3, 2007, the Planning and Zoning Board held a Special Meeting and a Regular Meeting for the Historic Preservation Board on December 6, 2007. On December 17, 2007, staff went hack to the Planning and Zoning Board ak which time they recommended with a vote 7 io 0 approval of the ordinance the Commission has before them. At its meeting of December ] 0, 2007, the Downtown Development Authority (DDA) reviewed the amendments and recommended approval; at its meeting of December i2, 2007, the West Atlantic Redevelopment Coalition {WARC) reviewed the amendments and recommended approval; and at its meeting of December 13, 2007, the Community Redevelopment Agency (CRA) reviewed the amendments and recommended approval. Mr. Dorling stated the major differences between this and the ordinance that received the recommendation of denial by these Boards previously, was the elimination of references to Type "A" and Type "B". He stated the ordinance was made much clearer and easier to understand. There were also some modifications to the regulatory tools that were proposed particularly the angle of vision and the side setbacks. Staff found that the angle of vision that was initially recommended for approval in affect really achieved very little with respect to providing mandatory offsets in the front. Mr. Dorling stated at that time the required setback was a five foot additional side setback that created issues from a building point of view when you are trying to get the second floor. He stated another significant change was the elimination of the survey area and concerns that it treated similar size lots differently within a district and it did not defer between districts given the individual characteristics of those districts. He stated that was a tool that was suggested for compatibility and it still needs to be addressed. The approach in the new ordinance is a district wide approach. Staff has performed an analysis on the average lot coverage and the average floor of every structure within the district and then applied those individual districts into criteria that are in the ordinance. The ordinance requires that ail minor and major development is subject to compatibility contained in Section 4.5.1 and additionally all major development has to meet additional criteria. Mayor Ellis declared the public hearing open. Livia Landry, 701 North Swinton Aves<ue, Delray Beach (President of the Delray Beach Preservation Trust stated they have serious concerns regarding the proposed amendment changes to the historic preservation ordinance although many of the changes do clarify the regulations. The section which refers to the "Visual Compatibility Standards" Section 4.5.1{E){8) which was reviewed by Historic Preservation professionals seems to non-compatible with the preservation principles that are consistent with the National Standards and which are practiced by cities and towns nationwide. Ms. -15- 01/03/08 Landry stated it has been the position of the Trust that the obvious course of action would be to consult with Historic Preservation professionals to evaluate these Visual Compatibility Standards, changes, and their impact on the future preservation of the historic districts and the ongoing development that takes place within them. The Trust has sought the expert opinion of two professionals neither of which could be here this evening; however, there will be people from the public who will be submitting letters into the record. Mrs. Landry stated their concerns will show that true preservation principles are not being utilized and we can conclude that more work needs to be done to come up with appropriate standards and regulations. She urged the Commission that consideration be given to the expert opinions and recommendations and the passing of any changes to Section 4.5.1(E)(8) and indirectly Section 4.5.1(E}(9) be postponed until further evaluations are done by Historic Preservation professionals. Mrs. Landry stated another concern is the CLG (Certified Local Government) status and whether not this status is being jeopardized. Ann Mar o Peart 710 % Claremore Drive West Palm Beach (speaking on behalf of Ellen Uguccioni), stated she grew up in Delray Beach and currently lives in a historic district {Flamingo Park), entered a letter into the record written by Ellen. Robert Hickok, 14292 Gallaher Road, Delray Beach, entered into the record a letter written by Tom Stanley on behalf of the Preservation Trust and noted that he is commenting specifically on Sections 8.M. and $.N. of the "Visual Compatibility Standards". Bunny Elrod, President of Progressive Residents of Delray (P.R.O.D.), 302 S.W. 1St Avenue, Delray Beach. stated P.R,O.D. is very concerned about the future of the City's historic districts if Section 4.5.1.{E){8) is passed. She stated the historic districts provide an overall atmosphere representing what Delray Beach was like when these houses were built. She stated it is not a matter of keeping a few old houses but is an aura of history that these areas provide which is part of what Delray means to many people. Mrs. Elrod stated PROD feels strongly that if the City Commission meetings were televised many more residents armed with the knowledge from this easy accessibility would come forward in time to have an affect on decisions being made without their knowledge. She inquired as to why all the neighboring cities can afford televised coverage of Commission Meetings while Delray cannot. Carolyn Patton, 1020 Tamarind Road, Delray Beach (also owns property at 60 Marine Way in the_Marina Historic District), read a statement into the record and stated no Preservation Planner has worked on this ordinance and she feels the ordinance is flawed in Section 8. Ms. Patton stated under these regulations no other city uses this percentage in their historic districts and asked why the City of Delray Beach would want to. She stated the rest of the ordinance is great but she feels that Section 8 needs to be removed and either table the ordinance for further study by a Preservation Planner or pass it tonight excluding Section 8. -16- 01/03/08 Lynda Kidd, 246 North Swinton Avenue, Delray Beach, stated she purchased her property not as an investment but as her home and has spent ten years restoring it and maintaining it. She stated her home is approximately 900 square feet on a corner lot and if something that is two stories is placed next door to her home it will cover the whale place up and her home would be destroyed. Ms. Kid urged the Commission to reconsider and get professional guidance in the historic preservation of Delray Beach. Kevin Warner 248 Venetian Drive Delra Beach stated the Nassau Historic District is across the street from where he lives and with the exception of three properties it is almost entirely the bungalow type small cottages built 40-50 years ago. He stated Nassau Street is beautiful and in no way would the properties allowed under Section 8 be compatible. Mr. Warner stated historic preservation means preserving, saving and enhancing the qualities of an area. He urged the Commission to take his comments and comments from others into serious consideration this evening. Joe Snider 1010 N.E. 8t" Avenue Delra Beach Historic Preservation rofessional with a Masters De ree in both Architecture and Historic Preservation stated there have been many changes to the proposed Land Development Regulations that were not reviewed by Mr. Gonzales who was previously contracted with the City and he has not seen any comments by a qualified historic preservation professional who has reviewed these post Gonzales revisions. He stated this lack of professional input is of concern. Mr. Snider urged the Commission to table Section 8 & 9 of the Land Development Regulations for further review by a qua]itied preservation professional. Dan Sloan, 106 S.E. 7`h Avenue, Delray Beach (has a Masters Degree in Historic Preservation and a Masters De ree in Architecture supports the proposition that the LDR changes spelled out in Ordinance No. 38-07 should be approved with the exception of Section 8 dealing with "Visual Compatibility Standards" which begins on page 16 of the draft ordinance. He stated the adoption of Section 8 should be tabled pending a review of specific percentages that have been proposed therein. He stated the proposed percentage for lot coverage are based on an analysis where all structures in the district were averaged not just the contributing historic structures and feels if this is the case he feels it is poor methodology. He stated the contributing historic structures are reflective of the character and massing one is trying to preserve and thus should be the basis for the percen#ages to be analyzed. Mr. Sloan urged the Commission to delay the adoption of Section 8 until the updates of the historic site surveys are completed and this valuable information can inform the decision making process. Anne Gannon 236 Dixie Boulevard Delra Beach stated she owns a structure that was built in 1930 and it is 1,200 square foot house with a 600 square foot garage. She commented about the 5% factor and asked if the maximum house that could be built would be 4,100 square feet in a lot that is 60 feet x 1 SO feet. Ron Hoggard, Principal Planner, stated in Del-Ida Park with a 9,000 square foot lot the maximum size house that could be built could be 4,147. Ms. Gannon stated that means the lot next to her, which is potentially going to be for sale, the buyer could actually put a house that is -17- 01/03/08 4,100 square feet on that tot. She stated if you apply the 2.5% factor then you could put a 3,600 square foot house there and stated this is out of character with the neighborhood. Ms. Gannon stated under Florida law and the Florida Private Property Rights Act it actually devalues her house by building a structure that large on that piece of property. She urged the City to look into this because she believes it is an actionable cause under that law. Chuck Kev, 321 S.E. 7`h Avenue, Delray Beach, distributed pictures to the Commission and stated restrictions are being placed on him when there are no historic houses in his block. He stated a survey has not been done in 20 years and there were some historic houses on the Intracoastal that have been torn down. Mr, Key stated he has talked to Planning and Zoning and they have indicated that they would support them getting out and feels that there is some language that can he revised to exclude the 300 block. Ellen Kev, 321 S.E. 7"' Avenue, Delrav Beach, staked she is concerned about a mathematical error that has been made on the averages of the Intracoastal number of stories. She stated instead of 1.14 averages for an Intracoastal house using the City's numbers it is 1.233. Mrs. Key stated her other concern about the mechanics of the mathematics of the calculations of the Intracoastal houses is that staff is not counting volume ceilings. She urged the City to apply a sound judgment theory to this and if the City is going to build and restrict a house based on ceiling heights that are over 12 feet that the same criteria is used when coming up with the average number of stories for the Intracoastal homes. Bibi Rogers, 328 Palm Trail, Delrav Beach, stated she is a retired General Surgeon and a mother. She urged the Commission to think of the environmental impact that all of this building and demolishing of houses is having on us and well as public health. Michael Singer, stated he is an Eminent_Scholar at Florida Atlantic UniversitylSchool of Education, School ofEn~ineerin~, School of Planning & Architecture, School_of Business, stated his assignment at the school is to create and understand the cross interest between these separate fields of study. He stated there is a need to address the facts and the truth regarding the environmental crisis. Mr. Singer asked who needs to five in 4,000 square foot house (or larger) and feels this is an important question to maximizing size, scale, and scope of a project and is it human nature to have to live in the larger scale of anything. Matthew Graham, 350 S.E. 7th Avenue, Delray Beach, briefly discussed some comments from the Planning and Zoning Board regarding finding the money to update the surveys and there should be a mechanism where people in the 300 block can actually petition stating that they would like to be released from the historic district. -18- 01/0310& Steve Harsnett, 405 S.E. 7"' Avenue, Delray .Beach, stated this has been an arduous task over the last couple of years. He stated that the Commission, HPB, and Planning and Zoning Board {current and past) have undertaken a huge task. He stated he feels it is absurd that a previous speaker indicated that people who live in larger homes are consuming more of the resources unnecessarily. Mr. Harsnett stated economics also dictates when the property land value is valued at a certain rate that it is going to cause people to build homes to meet that land value and thus the 300 block along the Intracoastal Waterway has developed. He stated thus people [hat have to live with afour- story condominium towering over their houses with as little as ten feet of setback, have to address their awn property needs in a home that allows them the privacy that people in the smaller homes in the true historic neighborhoods are wanting to keep. Mr. Harsnett urged everyone to take the differences into consideration. Lois Brezinsla, il0 N.E. 7`h Street, Delrav Beach (Del-Ida Park Historic District, briefly discussed her house and the past appeal regarding Andy Spangler. Claudia Willis 160 Marine Wa Delra Beach read a brief statement into the record and stated initially the City hired REG to help clarify the Design Guidelines for historic districts. After two years, REG's recommendations such as the survey area are no longer in the guidelines and within the last few weeks there have been finite ratios determined by all existing buildings within a district. She stated there have been no historic preservation professionals involved in these recent additions nor has there been a review of the recommendations before the Commission tonight. Ms. Willis' briefly commented about the percentages, ratios, and the methodology used. Eugenia DeUOnte, 24 Marine Way. Delray Beach, finished reading Ms. Willis' statement into the record and she urged the Commission to perform due diligence. Mabel McDonough, 345 S.E. 7`h A_v_enue, Delray Beach, stated about 15 years ago she and her husband decided to rebuild her home after receiving advice from an architect that it would less expensive to rebuild than to remodel their existing home. She stated if they want to sell their home they would not be able to get the value of the property because they awn one of the largest lots on the Intracoastal. Mrs. McDonough stated in the mail she received a picture of a home that was sold two doors dawn from their property for $5,350,000.00. She stated they would like to get out of the 300 block because there are no historical houses there. Paul Schmitt, 945 Hibiscus Lane, Delrav Beach, briefly discussed a historic home that was torn down on Hibiscus Lane (formerly Dr. Cason's home). Mr. Schmitt stated he lives in the home next door to this one and it was the home of Dr. Cason's daughter. He stated if Section 8 is not taken out of the ordinance then it could be a problem. Eric Price, 340 S.E. Th Avenue, Delray Beach, stated he lives at the south end of the Marina Historic District and it is not a historic house. He stated he feels -19- 01/03/08 the City was wrong for not surveying the districts after 20 years and does not understand how an ordinance could be passed without taking a look at each of the five (5} districts to determine what is and what is not historic. Mr. Price stated each district is different and urged the Commission to consider allowing the 300 block to secede from the Marina District based on the lack of historic fabric. Jo Ann Peart 107 N.W. 4t" Street Delra Beach stated there are 32 people that are here this evening that do not want Section 8 and along with people from the south end of the Marina Historic District do not want Section 8 either. She urged the Commission to take the word of the people and not include Section 8. There being no one else from the public who wished to address the Commission regarding Ordinance No. 38-07, the public hearing was closed. The City Manager stated the 300 block of the Marina District is a great example of the pressures that develop and what happens to a historic district when you start allowing a number of really large house to be built. He feels there is good grounds for taking the 300 block out because this is an area that has been allowed not with any malice but not thinking about the consequences to develop in such a way that it really does not fit any longer. Mayor Ellis concurred with comments expressed by the City Manager. She stated over the last 20 years the Historic Preservation Board (HPB} did not adhere to the Historic Preservation Guidelines and let whatever was proposed be built if it looked good. Mayor Ellis stated we must protect out historic districts and believes the City must take the 300 block out of the historic district in order to save the rest of the Marina District. She stated it is one of the most charming beautiful districts the City has. Mayor Ellis stated she supports taking out Section 8 and having further discussion on this and she does not support the extra 5% lot coverage. Mr. Fetzer commented about the surveys that have been done so far and asked at this point what has actually been done regarding the surveys. Mr. Darling stated all of the areas have been surveyed and they are all out of date. Mr. Dorling stated an inventory has been done, listed, and recorded with the State with respect to contributing and non-contributing structures within periods of significance within all districts. He stated these are outdated and they differ in how much they are outdated. He stated Old School Square was done last, in 2005 O55HAD was done, and the average for the other surveys are approximately 15-20 years. Mr. Dorling stated there are structures that were contributing that have been lost and there are also structures that were non-contributing when initially surveyed that now are. He stated he is not sure of the status of the 300 block and noted that there may be no structures left that were originally classified as historic but there may in fact with a resurvey be some structures that are (particularly on the west side}. Mr. Dorling stated before we take it out he feels we need to verify in fact that there is nothing there with a new survey. -20- 01/03/08 Mr. Fetzer asked what has to be done to update these surveys and get this all brought up to date. In response, Mr. Dorling stated staff would have to go out for a Request for Proposal (RFP) and the City has asked for money from the state but they have not given a final answer as of yet although they have been very generous in the past. Staff estimated the cost is approximately $50,000.00 {could be more or less) and this was a 50/50 match. Mr. Fetzer asked when staff expects to hear back from the state. Mr. Dorling stated staff's presentation to Tallahassee is in February or March 2008 then it is awarded in June 2008 and the grant would have to be spent within one year. Mr. Fetzer stated he feels there are special problems with the 300 block that the Commission needs to address. He feels before moving ahead with approving Section 8 & 9 that they get input from some preservation experts to make sure that we are doing the right thing. Mr. Eliopoulos stated thanked everyone for the emails and noted that they were all well written. He stated REG started out with the City because they needed to have an inventory done on all historic districts. Mr. Eliopoulos stated originally he was against the 11 house survey and also felt that we should noE treat all five districts the same. He stated the historic districts are all unique and different and by doing this survey a lot of that information will come out and be much clearer. He commented about the percentages and stated he has no problem with taking out Section 8 & 9 and noted that a lot of this is subjective. He thanked staff, the Historic Preservation Board, and the Planning and Zoning Board. He stated he has no problem excluding some of the items this evening. Mr. McDuff e stated when Commissioner Eliopoulos and he were on the Planning and Zoning Board this issue came up. He stated this was about the time Rick Gonzales started doing his work and at that time they discussed surveys in the districts. Mr. McDuffie stated at this point he is very uncomfortable with any funding coming from the state to do much of anything above and beyond what we are doing right now because of the referendum on the ballot January 29, 2008 for Tax Reform which is going to hit local government and the state themselves. Mr. McDuffie stated at the last legislative session the state was short a billion dollars. Mr. McDuffie supports doing something with the 300 block in the Marina District and if the City cannot fnd funding from the State of Florida to try to do something creative with the City's budget and try to find something to get these surveys done and to use properties that are like contributing properties to do the studies and the calculations with rather than co-mingling contributing and non-contributing structures. Mr. Darling stated right now people talk about it being human nature to max out and the fact that if the City sets these thresholds we are going to get coaxed out. He stated the reality is there are no thresholds and the threshold is 35 feet high setback to setback, there is no floor area ratio, and there are no minimums or maximums. He stated we have not had something come in at the maximum and people come to the City wanting to build significantly large structures and then they go through the HPB process and have it dwindled down to make the structure smaller. Mr. Darling stated if you look -21 - O 1 /0310$ at these thresholds as halving that bar and putting the cap there and not assuming that everyone is going to come in to max out that is another approach to take and would be a more realistic one. Mr. Dorling stated all of these items are what REG proposed with the exception of the number of stories. The City Attorney stated Section $ (begins on page 16 of the revised ordinance) and the "Visual Compatibility Standards" begin. She stated there is a lot of language regarding height, front facade, etc. The City Attorney stated Section B.M. & B.N. are the areas that deal with percentages, etc. (pages 22-24). The City Attorney stated staff could continue this with the direction to make changes eliminating B.M. & 8.N. dealing with the 300 block and bring back as a First Reading/First Public Hearing on January 15, 2008 and a Second Reading/Second Public Hearing on February 5, 2008. The City Attorney stated we do not want to de-designate the 300 block but we want to leave them out of certain lot coverage. She stated the City needs to provide a provision in the ordinance for de-designation that applies to all historic districts or exclude lot coverage. The City Attorney suggested that the Commission continue Ordinance No. 38- 07 for another first reading an January I5, 2008 and it would exclude B.M. & B.N. The City Attorney stated the Commission can also vote against this ordinance if they so choose. Mr. Fetzer moved to approve to continue Ordinance No. 38-07 (First Reading/First Public Hearing) to a date certain of January 15, 2008 (with the 300 block to be taken out), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 5~-07 (FIRST READING/FIRST PUBLIC H_EARING): City initiated amendments to the Land Development Regulations {LDR) amending Section 1.4.3, "Enforcement"; Section 1.4.4, "Penalty", providing that neglect shall constitute a nuisance and providing for enforcement and penalties; Section 2.2.6{C), "Meeting and Quorum", providing for voting, 2.2.6(D), "Duties and Responsibilities", providing for express authority for the Historic Preservation Board to apply the Historic Compatibility Regulations; Section 4.5.1(E), "Development Standards", Subsection 4.5.1(E){6), "Demolition", and 4.5.1(F), "Restrictions on Demolitions", providing requirements for the application and approval for demolition. If passed, a second public hearing will be scheduled for January 15, 2008. The caption of Ordinance No. 55-07 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 BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT" AND 1.4.4, "PENALTY", PROVIDING THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND -22- 01 /03108 PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.b, "THE HISTORIC PRESERVATION BOARD", SUBSECTION 2.2.6{C), "MEETING AND QUORUM", PROVIDING FOR VOTING; AND AMENDING SUBSECTION 2.2.6(D), "DUTIES AND RESPONSIBILITIES", PROVIDING FOR EXPRESS AUTHORITY FOR THE HISTORIC PRESERVATION BOARD TO APPLY THE HISTORIC COMPATIBILITY REGULATIONS; SUBSECTION 4.5.1{E), "DEVELOPMENT STANDARDS", SUBSECTION 4.5.1(E)(6), "DEMOLITION", AND 4.5.1{F}, "RESTRICTIONS ON DEMOLITIONS", PROVIDING REQUIREMENTS FOR THE APPLICATION AND APPROVAL FOR DEMOLITION; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. office.) {The official copy of Ordinance No. 55-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated there is a revised ordinance at the dais for the Commission and pointed out that the language on page 4, paragraph 4 was modified to include the zoning district regulations so that height could never exceed what is allowed in the zoning district regulations. Paul Dorling, Director of Planning and Zoning, stated there was a significant concern that demolition by neglect was happening in the historic districts. This ordinance provides that neglect of individual designated structures or structures located within a district will constitute a nuisance and there is a penalty for such violation under the civil citation and notice provisions. Mr. Dorling stated there are additional changes with respect to applications for demolition and this was initially considered by the City Commission and continued and also considered by the Planning and Zoning Board. There was concern that the original language said that you had to have an approved set of plans come in prior to any resolution on whether or not you could demolish a property. He stated there was significant discussion about that and the expense associated with it. Mr. Dorling stated what eventually was endorsed by the Planning and Zoning Board is that you have to provide far a redevelopment plan eventually; however, you can first come and get resolve on the demolition. He stated it also states that you have to pull a building permit on the redevelopment plans prior to physically demolishing a structure so that we do not get empty lots in the districts. Mr. Dorling stated there was also some additional language requested by Commissioner Montague with respect to accommodating unsafe structures and allowing them to be - 23 - 011Q3/08 demolished with the consent of the Chief Building Off cial and that language is included in this ordinance. At its meeting of November 7, 2x07, Pineapple Grove Main Street reviewed the subject amendment and recommended approval; at its meeting of November 7, 2007, the Historic Preservation Board (HPB) considered the subject amendments and recommended approval by a vote of 5 to 2 (Lake and Kucera-Winney dissenting); at its meeting of November 8, 2007, the Community Redevelopment Agency (CRA) considered the subject amendments and recommended approval; at its meeting of November 12, 2007, the Downtown Development Authority (DDA} considered the subject amendments and recommended approval; at its meeting of November 14, 2007, the Planning and Zoning Board originally considered the subject amendments and the item was tabled to the Speeial Meeting of December 3, 2007 and the Board recommended approval with the modifted language. Staff recommends approval on first reading at this time. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 55-07, the public hearing was closed. Mr. McDuffie moved to approve Ordinance No. 55-07 on First Reading/First Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 57-07 SECOND READINGISECOND PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) Section 4.4,24{B)(I2), "Principal Uses and Structures", which specifies the accessory uses and structures permitted in the Old School Square Historic Arts District (OSSHAD), to add all of the accessory uses that are also currently permitted in the Central Business District (CBD). The caption of Ordinance No. 57-07 is as follows: AN ORDINANCE OF THE CITY COMMI5510N OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(C), "ACCESSORY USE5 AND STRUCTURES PERMITTED", TO ALLOW THE CBD ACCESSORY USES IN THE SAME AREAS OF THE OSSHAD DISTRICT WHERE THE PERMITTED USES OF THE CBD ARE ALREADY ALLOWED, PROVIDING A SAVING CLAUSE, A -24- 01/03/08 GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 57-07 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. Paul Dorling, Director of Planning and Zoning, stated this is a scrivener's error. He stated staff made some changes and forgot to include the accessory uses along with those uses that were added in some language associated with the addition of parking lifts. At its meeting of November 7, 2007, Pineapple Grove Main Street (PGMS) reviewed the amendment and recommended approval; at its meeting of November 8, 2007, the Community Redevelopment Agency (CRA) reviewed the amendment and recommended approval; at its meeting of November 12, 2007, the Downtown Development Authority (DDA) reviewed the amendment and recommended approval; at its meeting of November 1~1, 2007, the West Atlantic Redevelopment Coalition (WARC) reviewed the amendment and recommended approval; at its meeting of November 19, 2007, the Planning and Zoning Board considered the subject LDR Amendment and voted 6 to 0 to recommend approval. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 57-07. Mr. Fetzer moved to adopt Ordinance No. 57-07 on Second Reading/Second Public Hearing, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 03-08 FIRST READING/FIRST PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations (LDR) Article 4.7 "Family/Workforce Housing", to expand the Carver Estates Overlay District. if passed, a public hearing will be scheduled for January 15, 2008. The caption of Ordinance No. 03-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE ~4.7, "FAMILY/WORKFORCE HOUSING", SECTION 4.7.1, "DEFINITIONS", BY REPEALING SUBSECTION 4.7.1(C), "CARVER - 25 - 01/03/08 ESTATES OVERLAY DISTRICT" AND ENACTING A NEW SUBSECTION 4.7.1(C), "CARVER ESTATES OVERLAY DISTRICT", AND AMENDING SUBSECTION 4.7.1(L), "INFILL WORKFORCE HOUSING AREA", BY REPEALING MAP 2 AND ENACTING A NEW MAP 2, TO PROVIDE FOR EXPANSION OF THE CARVER ESTATES OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 03-08 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 Stake of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is a text amendment in association with Comprehensive Plan Amendment 2007-2 that the Commission considered in November 2007. He stated this expands the overlay district northward to include the southern half of Auburn Trace associated with the higher density development that is part of the redevelopment plan. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 03-08. Mr. Eliopoulos moved to approve Ordinance No. 03-08 on First ReadinglFirst Public Hearing, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffe -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 10.E. ORDINANCE NO. 04-08 _ (FIRST READINGIFIRST PUBLIC HEARING City initiated amendment to the Land Development Regulations (LDR) to clarify that residential uses within the Mixed Industrial and Commercial (MIC) zoning district are permitted only within the 1-95ICSX Railroad Corridor Overlay District. If passed, a public hearing will be scheduled far January 15, 2008. The caption of Ordinance No. 04-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL {MIC) DISTRICT", SUBSECTION 4.4.19(A), "PURPOSE AND INTENT", TO CLARIFY -26- 01/03/08 THAT RESIDENTIAL USES ARE PERMITTED ONLY WITHIN THE I-95/CSX RAILROAD CORRIDOR OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 04-08 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 Defray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated on March 20, 2007, the City Commission adopted Ordinance No. 10-07, amending the Land Development Regulations to expand the Family/Workforce Housing Program by creating an additional workforce housing overlay district. The new I-951CSX Railroad Corridor Overlay District, located on Depot Road, between 1-95 and CSX Railroad, allows residential uses up to 24 units per acre, subject to conditional use approval. The ordinance included modification of the "Purpose and Intent" section of the MIC zoning district to add residential uses within the district. However, since adoption of the amendment, there has been some confusion as to where residential uses may be located within the zoning district. The purpose of the proposed amendment is to clarify that they are permitted only within the I-951CSX Railroad Corridor Overlay District. At its meeting of December 17, 2007, the Planning and Zoning Board considered the text amendment and recommended approval with a 5 to 0 vote. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 04-08, the public hearing was closed. Mr. McDuffie moved to approve Ordinance No. 04-08 on First ReadinglFirst Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 9:12 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. l 1.A. Cit Mana er's res onse to rior ublic comments and in uiries. The City Manager had no response to prior public comments and mquines. 11.B. Fram the Public. -27- 01I03108 11.B.1. Lois Brezinski 110 N.E. 7th Street Delra Beach Del-Ida Park Historic District stated crime is becoming a real problem in her neighborhood. She stated she has heard gunshots on many occasions within the last three weeks she has heard gunfire between 12:00 midnight and 2:00 a.m. She stated there was an armed holdup two blocks from her home on Christmas Eve and she went on the Police record and there have been an alarming number of break-ins and suspicious incidences. Ms. Brezinski stated she does not know if anything is being done and urged the Commission to look into this if they haven't already to find out what the problem is. She stated she did not move to Delray Beach to live in fear and commented that she came from a very quiet community in the Caribbean where she felt very safe and she does not feel safe now. Ms. Brezinski stated she is now parking in front of her house at night so she does not have to go around the back of her house. She stated this has been confirmed by the Police Department that there is gunfire at night and it is partially a result of gang violence in her neighborhood. 11.B.2. Alice First 707 Place Tavant Delra Beach stated last weekend she attended the craft show at the Tennis Center and it was very busy. Mrs. Finst expressed concern that there were no crosswalks to get across from the Tennis Center to the parking garage. She stated there were approximately 20-25 people trying to cross the street throughout the day and there was no police officer to be seen. She stated people were making their own crosswalks and it was very unsafe. Mrs. Finst stated it would seem that part of a plan to have a show would require a police officer in the contract. She urged the Commission to look into this and noted that we need safety in the area. Secondly, Mrs. Finst complimented whoever authorized the cleanup at the beach. She stated it is so wonderful to drive down A-1-A and know that the ocean is over there and actually be able to see it. At this paint, the time being 9:1 b p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 02-08: City initiated amendment to the Land Development Regulations (LDRj to reduce the duration over which a single parcel must be vacant for its development to qualify as in-fill development. If passed, a public hearing will be scheduled for January 15, 2008. The caption of Ordinance No. 02-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OE' DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING APPENDIX "A", "DEFINITIONS", TO REDUCE THE DURATION OVER WHICH A SINGLE -28- 01/03/08 PARCEL MUST BE VACANT FOR lTS DEVELOPMENT TO QUALIFY AS INFILL DEVELOPMENT FROM 5 YEARS TO 1 YEAR; PROVlD1NG A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 02-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the current definition of in-fill requires a single parcel on one street or two streets for a corner property to be vacant for five or more years to meet the definition of in-fill. He stated this ordinance changes that to one year. Mr. Dorling stated in researching what impact that has in-fill development can take advantage of in-lieu fees as well as the newly developed provision for parking lifts. At its meeting of November 8, 2007, the Community Redevelopment Agency (CRA) considered this and recommended approval; the Downtown Development Authority (DDA} reviewed the amendment at their November 12, 2007 meeting and recommended approval; the West Atlantic Redevelopment Coalition reviewed the amendment at their November i4, 2007 meeting and recommended approval; and the Planning and Zoning Board considered the subject LDR Amendment at its meeting of November 19, 2007 and voted b-0 to recommend approval. Mr. Fetzer moved to table Ordinance No. 02-08 on First Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. I2.B. ORDINANCE NO. U1-08: City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3 "Submission Requirements" to specify the required scales to which various components of development plans must be prepared. If passed, a public hearing will be scheduled for January 15, 2008. The caption of Ordinance No. 01-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.43, "SUBMISSION REQUIREMENTS", SUBSECTIONS (A), "STANDARD APPLICATION iTEM5", (B), "STANDARD PLAN ITEMS", (D), "PRELIMINARY ENGINEERING PLANS", AND (H), "SUBMISSIONS -29- 01/03/08 (PLATTING) ITEMS" TO PROVIDE FOR UPDATED SUBMISSION REQUIREMENTS PERTAINING TO ENGINEERING ITEMS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. {The official copy of Ordinance No. 01-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this talks to required scales of development plans and provides some consistency and adds an additional scale. He stated it also requires that the dimension of plan sheets be 24"x 3b" and vicinity maps will now be required to be prepared at a legible scale and include sufficient landmarks to allow quick identification of the proposed project's location. At its meeting of December 17, 2007, the Planning and Zoning Board considered these amendments and recommended approval with a 5 to 0 vote. Mr. Eliopoulos asked for clarifications regarding the landmarks. Mr. Dorling stated this is really generated out of the Engineering Department and he will get more information regarding this by second reading. Mr. Dorling stated some of the maps are very tiny and non-readable so staff really needs to be able to read it. Mr. Eliopoulos moved to approve Ordinance No. 01-08 on First Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. At this point the time being 9:24 p.m., the Commission moved back to Item 9.E. of the Regular Agenda. 9.E. CHANGE ORDER N0.21WEST CONSTRUCTION iNC: Approve a Change Order No. 2 in the amount of $30,711.85 to West Construction, lnc. for design changes and increase in length of the seawall at the Boat Ramp as a result of structural review, for the Mangrove Park Project. Funding is available from 334-4174-572-63.90 {General Construction Fundlintracoastal ParklOther Improvements}. Richard Hasko, Director of Environmental Services, stated this is a supplemental change order for West Construction, Inc. on the Mangrove Park Project. In September 2007, staff brought a change order to the City Commission that had to do with unforeseen conditions increasing the costs and one of the retaining seawalls that was planned on the site and another existing seawall that once staff gat into construction and started doing some excavation it was in much poorer condition than staff originally thought. During the planning and engineering stages of the site staff did not have access to the appropriate investigations because of the mangroves, the sensitive areas, and the wetlands they were working in. At that time, the proposal staff had for West -30- 01/03/08 Construction, Inc. that contained the new seawall was predicated on preliminary working drawings from the structural engineer. Mr. Hasko stated staff received the prices and the City's Structural Engineer and Consultants reviewed them and agreed these were goad prices for the construction and staff had a level of comfort that it was going to be adequate to complete the additional work. Mr. Hasko stated at that point in time, the seawall work was critical path on the project for the contractor. Subsequently, staff had to complete the final structural drawings for the seawall which involved some geo- technical work which was part of the problem that caused the issue in the first place. The consultant's original preliminary designs for the new seawall were predicated on what he anticipated to find in there under similar circumstances. Mr. Hasko stated when the consultant saw the results of the actual geo-technical work in the specific areas the soilest conditions were such that he had to make some changes, the piles had to get a little bit larger and a little bit deeper and a little bit closer together. Staff anticipates additional credits on the overall site. Brief discussion between Mr. Hasko and the Commission. Mr. McDuffie moved to approve Change Order Na. 2 in the amount of $30,71 l.$5 to West Construction, Inc., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.F. APPOINTMENTS TO THE BUDGET TASK FORCE: Appoint seven (7) regular members and two (2) alternate members to the Budget Task Force for six (6) month terms. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1}, Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3), Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5). Mr. Eliopoulos moved to appoint Howard Ellingsworth to the Budget Task Force as a regular member for a six (6} month term, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. Mr. Fetzer moved to appoint Vincent Dole as a regular member to the Budget Task Force for a six (6) month term, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. Mr. McDuffie moved to appoint Alexander Simon as a regular member to the Budget Task Force for a six (b) month term, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. Mayor Ellis stated she wished to appoint Frank Wheat to the Budget Task Force as a regular member for a six (6) month term. Mr. Fetzer so moved, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 -31- 01/03/08 to 0 vote. Mr. Eliopoulos moved to appoint Peter Arts to the Budget Task Force as a regular member for a six {6} month term, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. Mr. Fetzer moved to appoint Todd L'Herrou to the Budget Task Force as a regular member for a six (6} month term, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. Mr. McDuffie stated he would like to defer his appointment until the next regular meeting of January 15, 2008. Mayor Ellis noted that Mrs. Montague will have an alternate member and a regular member to appoint at the next regular meeting of January 15, 2008. 9.G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (l) regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2011. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to reappoint Kelli Freeman as a regular member to the Code Enforcement Board for a three {3) year term ending January 14, 2011, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayar Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9.H. APPOINTMENTS TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board for an unexpired term ending July 31, 2009 and two (2) student members to serve partial terms ending July 31, 2009 and July 31, 2008. Based upon the rotation system, the appointments will be made by Commissioner McDuffie {Seat #3), Commissioner Montague (Seat #4), and Mayor Ellis (Seat #5). Mr. McDuffie moved to appoint Peter Raycroft as a regular member to the Education Board for an unexpired term ending July 31, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vats. Mrs. Montague's appointment will be deferred to the next regular meeting of January 15, 2008. Mayor Ellis stated she wished to appoint Sara Mejia as a student member to the Education Board to serve a partial term ending July 31, 2008. Mr. Eliopoulos so -32- 01/03/08 moved, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.1. APPOINTMENTS TO THE GREEN TASK FORCE: Appoint seven {7} regular members to the Green Task Force for six (6} month terms. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3), Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5). Mr. Eliopoulos moved to appoint Nancy Schneider as a regular member to the Green Task Force for a six (b) month term, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. Mr. Fetzer moved to appoint Ana DeMelo as a regular member to the Green Task Force for a six (6) month term, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. Mr. McDuffie moved to appoint Karla Vaillancourt as a regular member to the Green Task Force for a six (6) month term, seconded by Mr. Eliopoulos. Upon roll tail the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. Mayor Ellis moved to appoint Joseph Snider as a regular member to the Green Task Force for a six (6) month term, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a ~ to 0 vote. Mr. Eliopoulos moved to appoint Dan Sloan as a regular member to the Green Task Force far a six (6) month term, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. Mr. Fetzer moved to appoint John Koenig as a regular member to the Green Task Force far a six (6) month term, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes. Said motion passed with a d to 0 vote. Mayor Ellis noted that Commissioner Montague's appointment will be deferred to the next regular meeting of January 15, 2008. 9.J. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1} regular member to the Parking Management Advisory Board for a two (2} year term ending January 31, 2010. Based upon the rotation system, the - 33 - 01/03/08 appointment will be made by Mayor Ellis {Seat #5). Mayor Ellis stated she wished to appoint Alan Kornblau as a regular member to the Parking Management Advisory Board (PMAB) for a two (2) year term ending January 31, 2010. Mr. McDuffie so moved, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.K. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint five (5) regular members and one (1) student member to the Police Advisory Board for two {2) year terms ending December 13, 2009. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer {Seat #2), Commissioner McDuffe {Seat #3), Commissioner Montague (Seat #4) and Mayor Ellis {Seat #~5). Mr. Eliopoulos moved to reappoint Shelly Weil as a regular member to the Police Advisory Board for a two (2) year term ending December 13, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. Mr. Fetzer moved to reappoint Joseph Ferrer as a regular member to the Police Advisory Board for a two (2) year term ending December 13, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. Mr. McDuffie moved to appoint Walter Earley as a regular member to the Police Advisory Board for a two {2) year term ending December 13, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr, Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. Mayor Ellis moved to appoint Joseph Ingram as a regular member to the Police Advisory Board for a two (2} year teen ending December 13, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -- Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to reappoint Vanessa Francois as a student member to the Police Advisory Board for a two (2) year term ending December 13, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. -34- 01/03/08 13. COMMENTS AND IN UIRIES ON NON-AGENDA ITEMS. 13.A. City Ma~a~er The City Manager stated at the League of Cities last Board Meeting they adopted a resolution opposing the Hometown Democracy lnitiative and they also agreed to file an "amicus brief" on behalf of the City of Lake Worth to try to get this overturned at the appeal level. He stated the City of Lake Warth annexed a single piece of property and rezoned it. The City of Lake Worth had a citizen group that filed suit against them and they wanted to have a referendum and the City of Lake Worth infornled them they could not do that. The City Manager stated the State law states "an initiative or referendum process in regard to any development order or in regard to any local government Comprehensive Plan Amendment that affects five ar fewer parcels of land is prohibited." He stated the trial judge agreed with the Plaintiff that they were affected parcels because they were in some distance from it. He stated all the incumbents were reappointed to the League seats on the Treasure Coast Regional Planning Council. The City Manager stated Palm Beach County repealed their Sector Plan. He stated the League has started sending youth delegates to the National League of Cities. The Palm Beach County League pays a registration fee and they have had good luck raising money to pay the other costs. The City Manager stated he hopes that the City of Delray Beach can send some of its youth because he feels it would be a good experience for them. 13.B. Citv Attorney The City Attorney had na comments or inquiries on nan-agenda items. 13.C. Citv Commission 13.C.1. Mr. McDuf~e Mr. McDuffie stated he hopes everyone had a wonderful holiday season. He stated he was out of town for a while and sent the Commission some pictures of his trip. Secondly, he stated he had another incredible cruise aboard the USS Enterprise. Mr. McDuffie stated it was an amazing experience and noted that he is proud of his son and the other 6,000 people on the ship. Lastly, he stated First Night was enjoyable; however, he was a little disappointed in the grand finale but noted the fireworks were wonderful. -35- O 1 /03108 13.C.2. Mr. Fetzer Mr. Fetzer stated he was very pleased to see how many people volunteered for the E3udget Task Force and the Green Task Force. He is looking forward to hearing their ideas. Secondly, he attended First Night and is always proud of what they do. Mr. Fetzer congratulated Marjorie Ferrer and Robert Bareinski along with everyone else involved. Lastly, Mr. Fetzer complimented Chevelle D. Nubin, City Clerk, for her work on the MuniAgenda. He stated the Commission will be receiving an enhancement where the City Commission can make notes, highlight, etc. on the MuniAgenda and he feels this is a real step forward in the right direction. 13.C.3. Mr. Eliopoulos Mr. Eliopoulos stated he feels like he is taking a little step backwards and noted that his situation is a little different in the sense that at home he has eliminated any computers except for one due to his children wandering on the Internet. Mr. Eliopoulos stated although there is every single kind of control there can be they now have the computer in the main family room. Mr. Eliopoulos stated he would like to still receive the Agenda in the blue book binder. Secondly, he wished everyone a "Happy New Year". 13.C.4. Ma~or„Ellis Mayor Ellis stated she will make the City Clerk proud with regard to the MuniAgenda. Secondly, Mayor Ellis stated she performed a cousin's marriage ceremony in St. Petersburg on the beach and it was a neat experience. Lastly, Mayor Ellis stated several months ago Carol Shetler, Regional Manager for the Palm Beach County School Board, stated because of the reduced revenue, sales tax, and reduced enrollment, that either Galaxy or Plumosa Elementary School would be closed. Mayor Ellis stated one of the f rst things she did was call five of our former Mayors who had some issues with the School Board while they were in term. She contacted the Principal of Plumosa and noted that Janet Meeks, Education Coordinator and Lula Butler, Director of Community Improvement were phenomenal in getting people together. Mayor Ellis stated a group of people attended the School Board meeting and it was voted to rebuild Plumosa on the old high school site which is now being referred to as the Seacrest site as a K-8 School of the Arts. Mayor Ellis stated the City of Boynton Beach somehow did not get the word out and there is a group of citizens who feel like this was handled behind their back so they have initiated a petition to ask -36- 01/03/08 the School Board to reconsider this. Mayor Ellis stated she may be back asking for the Commission's support and will keep the Commission apprised of any changes. The City Manager stated looking at the future of the Plumosa site he suggested that we may want to encourage the School Board to hold to it for a few years because they are not making any more land in the eastern part of the County. He stated he believes this enrollment decline will likely turnaround in the next 3-5 years. There being no further business, Mayor Ellis declared the meeting adjourned at 10:08 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 January 3, 2008, 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. -37- 01 /03/08 { IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DEt_RAY BEACH, FLORIDA AMENDMENT TO THECONDITI{?NAL USE APPROVAL FOR EBENEZER WESLEYAN METHODIST CHURCH ORDER OF THE CITY COMMISSIONi ~~ OF THE CITY OF DELRAY BEACH, FLORIDA 1. This amendment to the conditional use approval granted on May 3, 2005, has come before the City Commission on January 3, 21708. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the amendment of the conditional use approval for Ebenezer Wesleyan Church. The Applicant has requested the elimination of the following condition: ?7aat the existing church facility tie retained as a support facility to the Ebenezer Wesleyan Methadisf Church, tar a period not less than six (6f months from the date of the issuance of the certficate of occupancy of fhe new facility. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and 11. 1. COMPREHENSIVE PLAN a. rn rehensive Plan -Future Land Use and Ma ; is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary t4 adjacent land uses, and #ukfills remaining land use needs? Yes 4 No ~_ b. Corfcurrerlcy: Conaurrency as defined pursuant to Objective B-2 of the Land Use Ekement of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: I+~, 9.A Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 4 No 0 II. LDR REQUtREMEN~'S: a. LDR Section 2.4. E Re aired F'indin s: Conditional Use : Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the amendment to the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. WiR Section 2.4.v(E}(6} be met with the removal of the condition Thaf fhe existing church facility be natained as a support facilify to the Ebenezer Wesleyan Methodic! Church, for a period not less than six {8) mon#hs from the date of the issuance pf the certificate of occupancy of the new facility. and the addition of the following condition? That the unity of title befwesn Areas 3 and 4 depicted on the map attacheB hereto as Exhibif "A" which rrrust be recorded prior to the sate of the existing church site. Yes 4 No Q 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted and f nds that its determinations set forth ira this Order are consistent with the Comprehensive Plan and Land Development Regula#ions. 5. The City Commission finds there is ample and competent substantial evidence to support its Endings in the record submitted and adapts the facts contained 2 in the record including but not limited to the staff reports, testimony of experts ar3d other competent witnesses supporting these findings. fs. Based on the entire record before it, the City Commission approves denies tt~e amendment to the conditional use approval subject to the condition that the unity of title between properties depicted as Areas 3 and 4 an the map attached hereto as Exhibit "A" must be recorded prior to the sale of the existing church site and hereby adopts this Order this 3`~ day of January, 2008, by a vote of 4 in favor and 0 opposed. R' a Ellis, May ATTEST: Chevelle Nubin City Glerlc 3 Ex~z~~~' "A" tv Amendment to the Conditional Use Approval for Ebenezer Wesleyan Methodist Church SrA~IU,u A T L A N T I C ~~~~ AUBURN CIRCLE NORTH ~~ NAI TIAN >~o. r A V E N U E POLICE SOL17N CDI+fPLEX CO{1NTY CDlJRt ilOlISE AIERRITT PARK CITY OF ~ EBENEZER WES#~EYAN METHQDIS7' CHURCH arr or ooRnt aE~oL a = s nE+r Off-ate rewcR+ro wt FOR new a~urtcx " ~ ~ moans ~ PWWW4 i IlJM'nC flEYArtT1K7'r ..- p~rut arse itv SysJfu -_ ~u- r[r_ ffiV~q r 2~.w\~\~~\r-ui soa-~aoo\~~.- +N.~.rM awes r IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR LA CIGALE RESTAURANT ORDER 4F THE CITY COMMISSION OF THE CITY QF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Gommission on January 3, 2€308. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request far La Gigaie Restaurant. All of the evidence is a part of the record in #his case. Required findings are made in accordance with Subsection I. 1. WAIVER: LDR Section 4.6.7(H){3)(a)(2) provides that no more than 3 flags may be placed upon any parcel or development less than one acre in size which is zoned and used for non- residential purposes. The Applicant currently has 3 flags an the property. The Applicant has requested a waiver from this requirement to place 3 additional flags on the property. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {a} Shall not adversely affect the neighboring area; {b} Shalt 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. Does the waiver request meet all the requirements of 2.4.7{B}(5) sub{act to the conditions, if any, fisted below? NIA * Yes 4 No 0 * No special privileges would be granted in this case because the unity of title, required by the City created a situation different than that which would have occurred if an off-siie parking agreement was required by the City instead, if an 1 +~ a a off-site parking agreement had been required by the City then additions! flags would have allowed without the need for a waiver. 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that i#s determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the retard including but not limited to the staff repor#s, testimony of experts and other competent witnesses supporting these f ndir~gs. 5. Based on the entire record before it, the City Commission approves X denies the waiver request to LDR Section 4.B:7(H}(3~a}(2} for three additional flags. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3'~ day of January, 2008, by a vote of 4 in favor and 0 opposed. ATTEST: its Ellis, Mayor Chevelle Nubin, City Clerk 2 JANUARY 15 2008 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice Mayor Fetzer in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 15, 2008. 1. Roll call showed: Qresent - Commissioner Gary Eliopoulos Vice Mayor Fred Fetzer Commissioner Woodie McDuffie Commissioner Brenda Montague Absent - Mayor Rita E11is Also present were - David T. Harden, City Manager Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered 6y Reverend Nancy Norman with Unity of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item 8.L, Hold Harmless A reementlDelra Clnb Inc. of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. The City Manager stated staff provided additional information to the City Commission late regarding Item 9.G., Communi Workforce Housin Innovation Pro ram CWHIP A reement for Villa es at Delra He stated he has discussed this with Representatives of Auburn Development Group and they agree the best way to handle this would be to postpone it and schedule a Special Meeting next Tuesday (January 22, 2008) so that everyone has the opportunity to review this thoroughly. Mrs. Montague moved to postpone Item 9.G., Communi Warkforce Housin Innovation Pro ram CWHIP A reement for Villa es at Delra to the Special Meeting of January 22, 2008, seconded by Mr. McDuffEe. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 01/15/08 Vice Mayor Fetzer stated Item 10.E, Ordinance No. 02-0$ has been tabled. Mr. McDuffie moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Montague moved to approve the Minutes of the Special Meeting of January 8, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes: Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizing Black History Month -February 2008 Vice Mayor Fetzer read and presented a proclamation hereby proclaiming the month of February 2008 as Black History Month. Lula Butler, Director of Community Improvement Department came forward to accept the proclamation. 6.B. Reco nizin 2-1-1 Awareness Week - Februa 11 - 18 200$ Vice Mayor Fetzer read and presented a proclamation to Patrice Schroeder, Community Relations Specialist with 2-1-1 hereby proclaiming the week of February I I, 2008-February 17, 2008 as 2-1-1 Awareness Week in the City of Delray Beach, Florida. Mrs. Schroeder came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. S.P.LR.LT. Service Performance Inte ri Res onsibili Innovation, Teamwork)_Committee Employee Awards Presentation Alberta Gaum-Rickard, Project Coordinator along with Vice Mayor Fetzer presented a quarterly S.P.i.R.I.T. award to Mr. Ben Soto, Safety Specialist for his total commitment, above and beyond his normal duties to make a safer and more pleasant work environment within the City. Juan Manzano, Interim Environmental Compliance Manager along with Vice Mayor Fetzer presented a quarterly S.P.LR.I.T, award to Fire Station ~3 A-shift those individuals being: Lieutenant Richard Bush, Driver Engineer Dale Fagan, Firefighter/Paramedic Jack McKessy, Firefighter/Paramedic Joe Falcone, FirefighterlParamedic Chris Muller, Firefighter /Paramedic Chris Hutchinson, and FirefighterlParamedic Christine McCrady organized a collection drive within the Fire- -2- 01/15/08 Rescue Department to assist a family during the holiday season. While treating the patient for a cardiac event in November, the crew lead by Lieutenant Richard Bush, came upon an unusual family situation occurring within the residence. It was noted that the patient and his spouse had just recently taken in their deceased daughter's children. The children ranged in age from infant to teenagers. Samantha Roland along with Vice Mayor Fetzer presented a quarterly S.P.LR.1.T. award to Willie Ceasar, Recreation Supervisor at the 505 Teen Center/Parks & Recreation for going above and be}'ond by taking the initiative on his own time to put together a toy give-a-way for children for Christmas at the Teen Center and contributed 20 pairs of shoes from his own pocket. 7.B. Special Recognition Award - Reeve Bright Vice Mayor Fetzer presented Mr. Reeve Bright with a Special Recognition Award for his outstanding contributions regarding the Annual Boat Parade. Commissioner Montague stated Reeve and Anne Bright have been citizens in Delray Beach for many years and recognized both for their many achievements. Mr. Bright came forward to accept the Special Recognition Award and gave a few brief comments. 7.C. Presentation re ardin the Florida Recreation Develo ment Assistance Pro ram FRDAP GrantsBexle Trail Communi and Ea le Parks - Re resentative Maria Sachs Maria Sachs, State Representative, stated many years ago a man by the name of Robert Watson, Sr. was in his late 40's when he took over as General Manager of a small company which manufactured meat slicers and simple tabulators. She stated he had a vision that he could invent a machine that would actually store information and he followed this vision. Ms. Sachs stated the company was International Business Machines (IBM). She stated she feels a similar vision that Mayor Ellis and Vice Mayor Fetzer has when it comes to Delray Beach because of their vision and the way they take care of the parks and its citizens. Ms. Sachs presented the Commission with a check far Eagle Park in the amount of $200,000.00 and a check for Bexley Trail Community Park in the amount of $200,000.00. She stated she is very proud to have her office in the City of Delray Beach and appreciates all the good work the Commission does for the people. 7.D. MLK Drive Beautification Project -Alberta McCarth Alberta McCarthy {former Commissioner) gave a brief PowerPoint presentation of the Martin Luther King Drive Beautification Project. Ms. McCarthy stated the Capital improvement Project (C1P) had a budget of $300,004.00 and $75,000.00 came from the Community Redevelopment Agency {CRA} and $96,000.00 was allocated froth Commissioner Addie Greene making it a total of $471,000.00 for this Community Improvement Project. She introduced the Committee members made up of Delray Beach citizens. Ms. McCarthy stated the first organizational meeting was held -3- 41/15/08 July 17, 2006. She stated Martin Luther King Drive used to be N.W. 2°`~ Street and goes from I-95 east to the Intracoastal. 7.E. Site Plan Review and A earance Board SPRAB Awards .lose Aguila (Chair), Connor Lynch (Vice Chair}, Mark Gregory (Second Vice Chair), and Andrew Youngross presented this item. New Commercial Develo ment sate o :Santa Fe Salan - Van Arnem Properties, ine., (OwnerlDeveloper) - George Brewer, Brewer Architecture, Inc. (Architect} - Michael Fay, (Landscape Architect) New Residential Develo meat sate o : Gramerc S uare - Northstar Homes, Scott Worley, (Developer) - Marc Wiener, AiA, (Architect) - Leo Urban, Urban Associates, inc., (Landscape Architect) - Miller Land Planning Consultants, Inc., (Consultant) New Downtown Residential Develo ment Cate o :Terraces at Delra - Grenadier Development, (Owner/Developer) - The Evans Group, (Architect) - Enviroscape Land Planning & Landscape Architecture, (Landscape Architect} Exterior Renovations cate o : La Ci ale Restaurant - La Cigale Restaurant, Legacy Bank (Owner) - Roger Cope, (Architect} - Carter and Associates, Landscape Architects, Inc. -4- O1/15108 New Public Buildin s Cate o : Ci of Delra Beach ESD Buildin - Richard Hasko, Director of Environmental Services, City of Delray Beach (Owner} - Currie Sowards Aquila Architects - Jerry Turner of Florida, inc. (Landscape Architect) Wall Si na a cafe o : Blackti Reef - Gregory McManaman, (Owner) - Claudio Camilucci of Carniiucci Signs (Designer) 8. CONSENT AGENDA: City Manager Recommends Approval. B.A. ACCEPTANCE OF EASEMENT DEED/YACHT CLUB AT DELRAY BEACH: Approve and accept an easement deed for the installation of a public sidewalk to be constructed in front of an existing City lift station and adjacent to MacFarlane Drive. 8.B. RE VEST FOR SIDEWALK DEFERRAL/418 NORTH OCEAN BOULEVARD: Approve a request to defer the installation of a sidewalk in front of 41 S North Ocean Boulevard. S.C. CONTRACT CLOSEOUT C.O. NO. 11FINAL /HARTZELL CONSTRUCTION, INC.: Approve a Contract Closeout (C.O. No. 1) in the amount of a $ i 5,568.50 decrease and a final payment in the amount of $4,161.37 to Hartzell Construction, inc. for the completion of the Community Improvement Sidewalk Project. Funding is available from 1 18-1965-554-63. ] 1 (Community Development Fund/Bikepaths/Sidewalks). B.D. SERVICE AUTHORIZATION NO. 81SPATIAL FOCUS INC.: Approve Service Authorization No. 8 in the amount of $19,025.00 to Spatial Focus, Inc. for assistance in developing a prototype software application for creating the annual Capital Improvement Program. Funding is available from 448-541 ] -538-31.90 {Stormwater Utility FundlOther Professional Services) and 442-5178-536-31.90 (WaterlSewer Renewal and Replacement FundlOther Professional Services). 8.E. SERVICE AUTHORIZATION 14.8/CURRIE SOWARDS AGUILA ARCHITECTS: Approve Service Authorization No. 14.5 in the amount of $3,750.00 to Currie Sowards Aquila Architects for supplemental consulting services resulting from site revisions to the Mangrove Park Project as required by the South Florida Water Management District {SFWMD). Funding is available from 334-4174-572-63.90 (General Construction Fund/intracoastal Park/Other improvements). -5- 01/15/08 8.F. SERVICE AUTHORIZATION NO. 07-03/MATHEWS CONSULTING. INC.: Approve Service Authorization No. 07-03 in the amount of $27.763.00 to Mathews Consulting. Inc. for a surface water management study of the S.W. Area. Funding is available from 448-5411-538-31.30 (Stormwater Utility Fund/EngineeringlArchitect). 8.G. AGREEMENTIERDMAN ANTHONY AND ASSOCIATES INC.: Approve an agreement between the City and Erdman Anthony and Associates, Inc. in the amount of $38,200.00 for the design of trombone mast arm signals at the intersection of S.W. 2nd Avenue and West Atlantic Avenue. Funding is available from 334-3162-541- G5.87 (General Construction Fund/Capital Outlay/S.W. 2"d Avenue-S.W. 15S Street-West Atlantic Avenue). 8.H. RESOLUTION NO. 02-OSIFLORIDA DEPARTMENT OF TRANSPORTATION FDOT (COMMUNITY REDEVELOPMENT AGENCY C{ RAI: Approve and adopt Resolution No. 02-08 authorizing execution of a Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) and approve a Memorandum of Agreement {MOA) with FDOT and the State Department of Financial Services, Division of Treasury for funding in the amount of $1,596,848.26 for improvements along Atlantic Avenue between N.W. 12`k' Avenue and SR A-1-A. Of this cost, $1,500,000 wild be paid by the Cotmnunity Redevelopment Agency (CRA). The caption of Resolution No. 02-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCALLY FUNDED AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF DRAINAGE, SIGNALiZATION, LIGHTING AND LANDSCAPE ENHANCEMENTS ALONG ATLANTIC AVENUE BETWEEN NW 12 AVENUE AND A 1 A AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. (The official copy of Resolution No. 02-08 is on file in the City Clerk's office.} S.I. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 4.A.A. 8.J. FUNDING ACCOUNT CHANGEBARWICK ROAD CURBING AND SWALE PROJECT: Approve an account funding change from the General Construction FundlOther improvements/Barwick Road Sidewalks (334-3162-541-68.02) to the Stormwater Utility FundlBarwick Road (448-5461-538-65.36) for the work awarded to Chaz Equipment Company, inc. under a Contract Addition (C.O. No. 6) for the Block 64 Alley improvement Project. -6- 01/15/08 S.K. PURCHASE AWARDIHARTZELL CONSTRUCTION INC.: Approve a purchase award in the amount of $32,480.00 for Hartzell Construction, Inc. to paint the hallways on the tirst and second floor of the Police Department. Funding is available from 001-21 l 1-521-46.10 (General Fund/Building Maintenance). 8.L. VOLUNTEER PROGRAM IIANDBOOK/PARKS AND RECREATION DEPARTMENT: Approve a request to implement a new Volunteer Program Handbook to be utilized by the Parks and Recreation Department. 8.M. MEMORANDUM OF UNDERSTANDINGIADDENDUM TO OPEN ROADS POLICYIFLORIDA DEPARTMENT OF TRANSPORTATION FDOT Approve a Memorandum of Understanding and an Addendum to the Open Roads Policy with the Florida Department of Transportation {FDOT) regarding the development of a Traffic Incident Management Team (TIM) Strategic Plan. $.N. ADDENDUM NO. 1 TO CONSULTING AGREEMENTILANGTON ASSOCIATES INC.IGRANT WRITING SERVICES: Approve Addendum No. 1 to the Consulting Agreement between the City and Langton Associates, Inc. to include the language to provide far the period November !, 2006 through December 31, 2007, in order to cover the lapse as the term of the agreement approved at the January 3, 2008 Regular Commission meeting does not begin until January 1, 2008. S.O. AMENDMENT NO. X TO THE AGREEMENTIPALM BEACH COUNTY: Approve Amendment No. 1 to the agreement between the City and Palm Beach County for the Disaster Recovery Initiative {DRi) regarding the demolition of Carver Estates extending the deadline for completion to July 31.2008. g,P. AMENDMENT NO. 1 TO THE AGREEMENT/PALM BEACH COUNTY/NEIGHBORHOOD RESOURCE CENTER NRC SHUTTERING PROJECT: Approve Amendment No. 1 to the agreement between the City and Palm Beach County for the Neighborhood Resource Center (NRC) Shuttering Project through the Disaster Recovery Initiative (DRI) Program to extend the deadline for completion to March l5, 2008. 5~. SPECIAL EVENT RE UESTISAINT PATRICK'S DAY PARADE: Approve a special event request to conduct the 40t' Annual St. Patrick's Day Parade on Saturday, March l5, 2008, beginning with setup at 11:00 a.m., parade starting at 1:00 p.m. and ending at approximately 2:30 p.m., and to grant a temporary use permit per LDR's Section 2.4.b(F) for the use of Atlantic Avenue from Venetian Drive to N.W. 1st Avenue for the parade and Venetian Drive and Gleason Street for staging of parade entries and the Old School Square surface parking lot from l 1:00 a.m. to 7:30 p.m.; and to approve staff support for tragic control and security, barricading, EMS assistance, trash removal, assistance in obtaining the FDOT permit and to allow event signage to be put up no earlier than March 7, 2008; contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance. -7- OlIt5108 B.R. CANCELLATIONIINTERLOCAL AGREEMENTSICOMMUNITY REDEVELOPMENT AGENCY/LA FRANCE HOTEL AND 133 N.W. 5 AVENUE: Approve the cancellation of the Interlocal Agreements between the City and the Community Redevelopment Agency (CRA) for the purchase and sale of the La France I lotel and 133 N.W. 5`" Avenue properties. 8.5. CONTRACT RENEWALIACCURATE PARKING INC.: Approve renewal of a contract with Accurate Parking, inc. for staffng of the Old School Square, Bob Federspiel and the South County Courthouse Garages on weekend evenings (Thursdays, Fridays and Saturdays) and special events. Funding is available from 001- 3151-545-34.90 (General Fund/Other Contractual Services}. 8.T. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 3, 2008 through January 11, 2008. B.U. AWARD OF BIDS AND CONTRACTS: ~. Contract award to Chaz Equipment Company, Inc. in the amount of $47,950.00 for the emergency repair of a collapsed sanitary sewer main along A-1-A, south of Lewis Cove. Funding is available from 442-5178-53b-63.51 {Stormwater Utility Fund/Sewer Mains). 2. Purchase award to Stryker in the amount of $46,340.00 for the purchase of five {5) Stryker Model 6500 Power-Pro Ambulance Patient Stretchers for the Fire-Rescue Department. Funding is available from 001-2315-526-64.90 (General Fund/Other MachinerylEquipment). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffe -Yes: Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.A. HOLD HARMLESS AGREEMENTIDELRAY CLUB INC.: Approve and authorize a Hold Harmless Agreement between the City and Delray Club, Inc. for the work performed within the State right-of--way. The Delray Club, Inc. is located at 2001 South Ocean Boulevard. Commissioner Eliopoulos declared a conflict of interest and stepped down Mr. McDuffie moved to approve ltem 9.A.A. (formerly 8.1.), seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Vice Mayor Fetzer - Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 3 to 0 vote. 9.A. WAIVER REQUESTS/508 S.E. 3rd AVENUE: Consider a waiver request to Land Development Regulations (LDR) ~ Section 4.3.4(x), "Development Standards Matrix" to reduce the lot frontage, lot width, and fot size for one of two proposed single family lots, located at the northwest corner of S.E. 6`~~ Street and S.E. 3rd Avenue (508 S.E. 3rd Avenuej. (Quasi-Judicial Hearing) Vice Mayor Fetzer read into the record the City of Delray Beach procedures for aQuasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Vice Mayor Fetzer asked the Commission to disclose their ex pane communications. The Commission had no ex pane communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project fife #2008-042 into the record. Mr. Dorling stated this is a waiver request to reduce the lot frontage, lot width, and lot size for one of the two proposed single family lots located at the northwest corner of S.E. 6`~' Street and S.E. 3`d Avenue. The property is made up of portions of 4 lots and is L-shaped. The owner wishes to demolish all structures, create two lots and build two single family homes on each of the newly created lots. It is also noted that the current lot configuration ("L-shape") is unlike any other lot in this block of Osceola Park or throughout the balance of the neighborhood. Mr. Dorling stated required findings need to be made with respect to LDR Section 4.3.4(K)(Development Standards Matrix) and the Commission would be granting a reduction based upon on positive findings with respect to LDR Section 2.4.7(13)(5) and LDR Section 4.3.1(D). Ak its meeting of January 4, 2008, the DSMG (Development Services Management Group) reviewed the request and recommended approval. He stated there are two conditions: (1) that a survey is filed with the Engineering Department showing the reconfiguration of the lots, and (2) that a Unity of Title be executed between the two newly created lots and remain in place until all structures are demolished, at which time said Unity of Title shall be released upon consent of the City's Chief Building Official. Jason Mankoff Attorne with Weiner & Aronson P.A. 102 Narth Swinton Avenue Delra Beach re resentin the A licant commended Scott Zubek, Senior Planner, for compiling such a well prepared staff report. Mr. Mankoff stated he is available for any questions the Commission may have and agrees with the -9- 01/15/08 conditions. Vice Mayor Fetzer stated if anyone from the public would like to address the Commission regarding the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no cross-examination or rebuttal. Brian Shutt, Assistant City Attorney, briefly reviewed the Board Order with the Commission who made fndings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Montague moved to adopt the Board Order (approving the waiver requests) as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer- Yes. Said motion passed with a 4 to 0 vote. 9.B. RE UEST FOR IN-LIEU PARKING SPACES/WAIVER REQUEST/ TAVERNA EROS: Consider a request from Taverna Eros for the purchase of four (4) in-lieu parking spaces in the amount of $62,400.00 to accommodate the creation of an outdoor dining area in the parking area immediately adjacenE to the west side of the building and fronting Atlantic Avenue; and an associated waiver request to Land Development Regulations (LDR) Section 4.69{E){B), "ln-Lieu Fee", which prohibits the purchase of in-lieu spaces to accommodate an expansion of use when the expansion eliminates existing parking spaces. The Taverna Eros is located at 8 East Atlantic Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony nn this item. Scott Aronson, Parking Management Specialist, stated Taverna Eros is located at 8 East Atlantic Avenue and this is a proposed site plan. This is a request for four (4) in-lieu of parking spaces and noted that the parking spaces in Area 2 are $15,600 per space. The request is to create an outdoor dining area in the parking lot owned by the applicant to the west of the restaurant located adjacent to Atlantic Avenue. The construction of this area is going to require the elimination of four {4) parking spaces and the relocation of the ADA compliant handicapped parking space. Mr. Aronson stated the recent modifications to the in-lieu of parking policies do not permit an expansion of use where it eliminates existing parking spaces due to the current value of real estate in the downtown. it is a good investment to pay $ 15,000 for a parking space when height limitations allow you to go four stories up and this is why this was written into the Code. In this particular case, the Comprehensive Plan and the Downtown Masker Plan called for the elimination of inappropriate uses and the development of outdoor dining areas in the downtown. None of the in-lieu parking spaces requested is required for the outdoor dining area, as it will be classifed as a Sidewalk Cafe so the additional square footage - ]0- 0111 SI08 does not require parking in and of itself so the request for the four (4) spaces is only for the elimination of the parking spaces that it eliminates to create the floor area. The total cost for the four (4) parking spaces is $62,400 and will be paid in full upon issuance of a building permit. Francisco Perez-Azua, Architect, stated this is the only surface parking lot left on Atlantic Avenue (with the exception of Atlantic Plaza} between Swinton Avenue and the Intracoastal. He stated the Master Plan called for the elimination of surface parking lots. Mr. Perez-Azua stated they are only eliminating four spaces which is the minimum and leaving a total of nine spaces on the side and with the construction of the two new parking garages they feel it is a good asset. Fie stated there are a series of restaurants on the street and it is a very crowded sidewalk. He stated they received a lot of feedback from the Boards and it was the Downtown Development Authority who suggested that they did not want to see tables over the property line as a sidewalk cafe because the sidewalk cafe is being replaced by these. Mr. Perez-Azua stated the applicant has agreed to this and noted that the entire sidewalk will be open for traffic flow. He stated it is currently all asphalt to the walls and they are proposing to put a landscape buffer around that and a tree in the middle to create shade. He feels this will be an improvement to Atlantic Avenue. Vice Mayor Fetzer stated if anyone from the public would like to speak in favor or in opposition of the request for in-lieu parking spaces and the in-lieu parking request, to please came forward at this time. There was no cross-examination and no rebuttal. Brian Shutt, Assistant City Attorney, briefly reviewed the Board Order with the Commission who made fndings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. McDuffie moved to adopt the Board Order (approving the waiver and the in-lieu parking fee request) as presented, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 38-07 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR} which intend to clarify the current regulations, provide parameters, and define compatible development within the City's five {5) historic districts and individually designated properties. If passed, a second public hearing will be scheduled for February 5, ?008. 01 /15/08 The caption of Ordinance No. 38-07 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 BY AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS", SUBSECTION 2.4.6(H), "CERTIFICATE OF APPROPRIATENESS FOR HISTORIC STRUCTURES, SITES, AND iN HISTORIC DISTRICTS", PROVIDING CLARiF1CATION OF THE REQUIREMENTS AND PROCEDURES FOR OBTAINING A CERTFFICATE OF APPROPRIATENESS; AMENDING SECTION 3.2.4, "STANDARDS FOR SPECIFIC AREAS OR PURPOSES", SUBSECTION 3.2.4(E), "HISTORIC DISTRICTS AND SITES", PROVIDING FOR AND INCORPORATING THE DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES AND THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION; AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD", TO PROVIDE FOR VARIANCES; AMENDING SECTION 43.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION 4.3.3{Q}, "GUEST COTTAGE", TO PROVIDE THAT HEIGHT SHALL NOT EXCEED THAT OF THE MAIN STRUCTURE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.I7, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS 4.4.17{A), "PURPOSE AND INTENT", AND 4.4.17(G), "SUPPLEMENTAL DFSTRFCT REGULATIONS", PROVIDING PARKING REQUIREMENTS FOR CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE iN HISTORIC DISTRICTS; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT {OSSHAD)", SUBSECTIONS 4.4.24{D), "CONDITIONAL USES AND STRUCTURES ALLOWED" AND 4.4.24(H), "SPECIAL DISTRICT REGULATIONS", CLAR[FYING THAT PARKING LOTS NOT AS50CFATED WITH A USE MUST BE PUBLIC AND CLARIFYING SPECIAL DISTRICT REGULATIONS; AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION S1TE5 AND DFSTRFCTS", SUBSECTIONS 4.5.1(B), "CRITERIA FOR DESIGNATION OF HISTORIC SITES OR -12- 01/15/08 D15TR1CTS", 4.5.1(E}, "DEVELOPMENT STANDARDS", AND 4.5.1(L}, "DESIGNATION OF HISTORIC DISTRICTS", BY CLARIFYING THE APPLICATION OF DEVELOPMENT STANDARDS WiTH RESPECT TO USE, ZONING DISTRICT AND HISTORIC CLASSIFICATION; AND AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE A NEW DEFINITION FOR "HARDSCAPE'", AND TO PROVIDE AMENDED DEFINITIONS RELATED TO HISTORIC PRESERVATION; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The otticial copy of Ordinance No. 38-07 is on file in the City Clerk's office.) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this was reviewed by the City Commission at their January 3, 2008 meeting and there was significant discussion about two areas of the proposed ordinance those being: (1 }average floor areas and (2) floor area ratios. He stated the direction from Commission was that they wanted those sections removed from the "Visual Compatibility Standards'' of the Code. Mr. Dorling stated this has been done and the ordinance before the Commission reflects such. He stated regulatory tools that are now part of this ordinance are limited to some building height plane which forces the second story back on a structure and there are also some regulations which require some mandatory offsets on the side and front setbacks and then some references to first floor maximum height. He stated there are a[sa two "Visual Compatibility Incentives'' for all residential development applications. One relates to encouraging open space {balconies, overlooks and open railings} are provided on the first or second floors, with a separation provided between floors on the front andlor sides. Second, up to 25% of the front elevation may extend into the "Building Height Plane" (BHP) provided that at Least 25% of the front elevation remains one-story. The width of the portion extended inta the "BHP" may not exceed a width of eighteen feet (I 8'). At its meeting of December 10, 2007, the Downtown Development Authority (DDA} reviewed the ordinance and reeommended approval; at its meeting of December 12, 2007, the West Atlantic Redevelopment Coalition {WARC) reviewed the amendments and recommended approval; at its meeting of December 13, 2007, the Community Redevelopment Agency (CRA} reviewed the amendments and recommended approval; at its meeting of December 3, 2007, the Planning and Zoning Board considered the amendments at its meeting of December 3, 2007 and continued the item. On December 17, 2007, the Planning and Zoning Board recommended approval with a 5 to 0 vote; at its meeting of December 6, 2007, the Historic Preservation Board (HPB) -13- 01/15/08 considered the amendments and continued the item. At its meeting of December l4, 2007, the Board recommended approval of the ordinance by a 4 to I vote. Vice Mayor Fetzer stated the Commission had also discussed changing the boundaries in the Marina District and that is not a part of this ordinance. Mr. Dorling stated this is correct and noted that there was some discussion and consensus by the Commission that this be taken out of the ordinance. Mr. Dorling stated it was not likely that staff could get it done as part of this ordinance but the City Attorney's office is looking into several options and staff will come back to the Commission with those recommendations. Mr. McDuffie stated if this is approved on first reading and we re-district prior to the second reading, is staff going to amend this ordinance between the first and second reading. In response, Mr. Dorling stated staff believes this will take a little more time and staff needs to check into the method to do that. He stated staff does not see this happening between first and second reading. Mrs. Montague commented about the re-districting and the timeframe. The City Manager stated the Commission will need to discuss this with the City Attorney. Vice Mayor Fetzer declared the public hearing open. Ellen Ke 321 S.E. 7th Avenue Delra Beach stated there are volunteers who are gathering information for the survey and they are not really experienced qualified people to be gathering these facts. She stated some of these people are also involved in lawsuits with the City and she feels the information is perceptually tainted. Ms. Key skated this discounts the entire survey and does not feel it should be done. Claudia Willis 160 Marine Wa Delra Beach confirmed with staff that what was removed from the ordinance was Item $.M. (lot coverage) and B.N. (number of stories). Matt Grabham, 350 S.E. 7th Avenue, Delray Beach, stated the historic districts deserve full thorough independent professional surveys and they should be done in a timely manner. He stated if the City cannot get funding from the State to do them in that timely manner we should find the funds ourselves to do those surveys. Mr. Grabham reiterated that the surveys should be done by independent professional qualified people and does not feel that anyone else other than that should be involved in determining the status of buildings or a district. He stated millions of dollars in peoples' home values are at stake and any adjustments to the district should be treated as a serious matter. There being no one else from the public who wished to address the Commission regarding Ordinance No. 38-07, the public hearing was closed. -14- O l 115/08 Vice Mayor Fetzer stated at the December 11, 2007 City Commission Meeting there was concern expressed by a couple of Commissioners about the way these surveys were being done. Since that time, the City Manager sent a memorandum to Mr. Grabham and copied the Commission explaining exactly what was being done in these surveys. The City Manager stated most of what is being done is the collection of documents and the documents will speak for themselves. He stated it all has to be given to a professional in this field that will review them and come to Delray Beach and make recommendations. Mr. Dorling stated there will be no conclusions reached by people that are collecting the data and this will be run by a professional and those decisions will be made and reviewed at that time. Mr. McDuffie stated he felt it was past time for us to be waiting on State grants and that we needed to move ahead with these surveys, pay for the surveys to be done, and adequately get the inventory and information that the Commission needs to finalize these Historic Preservation Guidelines. The City Manager stated his understanding of the Commission's direction on the surveys was that we should hear in February about whether or not the City will be receiving State money and if we receive it fine but if not then we would immediately proceed to search for City funds. Also, the City Manager stated we would not allow the availability or non-availability of State funds to hold us up in any way. Mrs. Montague stated there is a concern here and within the community about the source of the information gathering but it is going to be an independent source that is going to review everything. She would like to clarify that there will be an independent person coming in for the other four districts and asked what the timeframe wi[I be for this. The City Manager stated once staff knows whether we need our own money or whether we have State money then at that point the City can put out an Request for Proposal (RFP) and have things ready to go as soon as the money is available. Mrs. Montague inquired about the six month timeframe once the process starts to complete it and have the data presented. Mr. Dorling stated staff and the Commission talked about the money being available in June and the surveys being completed towards the end of the year. Mr. Dorling stated there is a possibility for the Marina District which is further along to be done much sooner because the data has been collected and then it would be reviewed by an independent person. The other four districts actually need the data collection done after June 2008 and finalized by the end of the year. Mrs. Montague stated this is something that the Commission has unanimously agreed to move forward with and any source that we can utilize to help augment what this commitment is they are doing. Mrs. Montague explained that this is why they have the delay of four weeks to see if the City receives the grant money. Mrs. Montague stated if the City does not receive the grant money then the funding will come from the -]5- 01/15/08 City's budget Mr. Eliopoulos stated he was one of the Commissioners that made a comment with regard to the data that was being collected and he appreciates the City Manager responding to the email that was sent out explaining what was done. However, Mr. Eliopoulos concurs with the public to put this on hold and wait until we have the experts. Mr. Eliopoulos stated he appreciates the individuals who have volunteered their time and that should be recognized. However, he stated due to the tension that has been building in the Marina District ho feels it would be more appropriate that we handle it and that we go with professionals. The City Manager stated he would recommend that the Commission vote on this because this would mean the City would have to spend $l 5,000.00. Mr. Eliopoulos asked how the individuals were selected. Mr. Dorling stated the Committee {5 individuals} volunteered to collect the data and they are made up of architects and interested parties that have a passion for it. The City Manager stated it may be possible that there would be volunteers to do the other four districts. Brief discussion between the City Manager and the Commission followed. Mr. McDuffie stated he wants to make sure that everyone believes in the studies that have been done. He suggested that the City put this item out to bid (all S districts) and if the winning bidder will accept the documentation that has been gathered by the volunteers as being adequate, complete, and accurate, to make this a portion of the bid specifcations. And, if they feel they do not have adequate, complete, and accurate information then they can gather their own. Mr. McDufGe moved to approve that the City bid the surveys and instruct the bidders to review the documentation that has been gathered by the volunteers and determine if it is accurate and adequate for them to proceed if so to bid the project using the information that has already been gathered and if they feel it is not accurate and adequate for them to bid the project with them gathering information once again, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie ---Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to adopt Ordinance No. 38-07 on First Reading/First Public Hearing, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. - 16- 01/15/08 10.B. ORDINANCE NO. 55-07 (SECOND RE_ADiNGISECOND PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR} amending Section 1.4.3, "Enforcement"; Section 1.4.4, "Penalty", providing that neglect shall constitute a nuisance and providing for enforcement and penalties; Section 2.2.6(C), "Meeting and Quorum", providing for voting, 2.2.6(D}, "Duties and Responsibilities", providing for express authority for the Historic Preservation Board to apply the Historic Compatibility Regulations; Section 4.5.1(E}, "Development Standards", Subsection 4.S.I{E){6), "Demolition", and 4.5.1(F), "Restrictions on Demolitions", providing requirements for the application and approval for demolition. office.) The caption of Ordinance No. 55-07 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 BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT" AND 1.4.4, "PENALTY", PROVIDING THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD'', SUBSECTION 2.2.6(C), "MEETING AND QUORUM", PROVIDING FOR VOTING; AND AMENDING SUBSECTION 2,2.6(D}, "DUTIES AND RESPONSIBILITIES", PROVIDING FOR EXPRESS AUTHORITY FOR THE HISTORIC PRESERVATION BOARD TO APPLY THE HISTORIC COMPATIBILITY REGULATIONS; SUBSECTION 4.5.1(E), "DEVELOPMENT STANDARDS", SUBSECTION 4.5. I (E)(6}, "DEMOLITION", AND 4.5.1 {F), "RESTRICTIONS ON DEMOLITIONS", PROVIDING REQUIREMENTS FOR THE APPLICATION AND APPROVAL FOR DEMOLITION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. {The official copy of Ordinance No. 55-07 is on file in the City Clerk's The Assistant 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. -17- O1/15/08 Paul Dorling, Director of Planning and Zoning, stated this ordinance provides that the neglected individual structure or structures located within a historic district will constitute a nuisance violation and there are civil citations and fines associated with that process. He stated it also provides criteria for applications for demolition and requires a submittal of information relating to the state of disrepair, the soundness of the property, costs of repair, values as vacant land and values upon restoration. This information has typicaEly been requested from applicants with their first review of the Historic Preservation Board {HPB) and it is just codified here as information that is necessary to make that decision. It also requires that demolition not take place until a building permit fog- new development is issued. At its meeting of November 7, 2007, the Pineapple Grove Main Street (PGMS) Committee reviewed the subject amendments and recommended approval; at its meeting of November 7, 2007, the Historic Preservation Board (HPB) considered the subject amendments and recommended approval by a vote of 5-2 (Lake and Kucera- W inney dissenting}; at its meeting of November S, 2007, the Community Redevelopment Agency (CRA) considered the subject amendments and recommended approval; at its meeting of November 12, 2007, the Downtown Development Authority {DDA) considered the subject amendments at their November 12, 2007 meeting and recommended approval. The Planning and Zoning Board considered the subject amendments at its meeting of November 19, 2007. The item was tabled to the Special Meeting of December 3, 2007, aver concerns relating to the requirements to submit a complete redevelopment proposal with all demolition requests of both contributing and non-contributing structures. At the meeting of December 3, 2007, the Planning and Zoning Board considered the subject amendments for a second time. Mrs. Montague moved to adopt Ordinance No. 55-07 on Second ReadinglSecond Public Hearing, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -- Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 03-08 (SECOND READING/SECOND PUBLIC H_ EARING): Privately initiated amendment to the Land Development Regulations (LDR) Article 4.7 "FamilylWorkforce Housing", to expand the Carver Estates Overlay District. The caption of Ordinance No. 03-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 4.7, "FAMILY/WORKFORCE HOUS[NG", SECTION 4.7.1, "DEFINITIONS", BY REPEALING SUBSECTION 4.7. I (C), "CARVER ESTATES OVERLAY D15TRiCT" AND ENACTING A - 18- 01/15/08 NEW SUBSECTION 4,7.1{C), "CARVER ESTATES OVERLAY DISTRICT", AND AMENDING SUBSECTION 4.7.3(L), "iNFiLL WORKFORCE HOUSING AREA", BY REPEALING MAP 2 AND ENACTING A NEW MAP 2, TO PROVIDE FOR EXPANSION OF THE CARVER ESTATES OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. {The official copy of Ordinance No. 03-0$ is on file in the City Clerk's offce.) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, skated this is to increase the maximum density for the Carver Estates Overlay District from 12 units to 24 units per acre. As part of Comprehensive Plan Amendment 2007-2 this Overlay District was established along with an intill workforce housing area. The infill Workforce Housing Area has a maximum of 18 units to the acre. Mr. Dorling stated it takes this property out of the infll workforce housing area and places it in the Carver Estates Overlay District and there is a map change between those two areas. At its meeting of December 17, 2007, the Planning and Zoning Board considered the text amendment and recommended approval with a 5 to 0 vote. Vice Mayor Fetzer declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 03-08, the public hearing was closed. Mr. McDuffe moved to adopt Ordinance No. 03-0$ on Second Reading/Second Public Hearing, seconded by Mr. Eliopoulos. Upon roll cal! the Commission voted as follows: Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 04-08 (SECOND READING/SECOND PUBLIC HEARING).; City initiated amendment to the Land Development Regulations (LDR) to clarify that residential uses within the Mixed Industrial and Commercial {MIC) zoning district are permitted only within the I-95/CSX Railroad Corridor Overlay District. The caption of Ordinance No. 04-08 is as follows: AN ORDINANCE OF THE CITY COMMiSSiON OF THE C1T`Y OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT -19- alilsro8 REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL {MiC) D[STRICT", SUBSECTION 4.4.19(A), "PURPOSE AND INTENT", TO CLARIFY THAT RESIDENTIAL USES ARE PERMITTED ONLY WITHIN THE I-95/CSX RAILROAD CORRIDOR OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE. A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 04-08 is on file in the Clerk's office.) The Assistant 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. Pau! Dorling, Director of Planning and Zoning, stated on March 20, 2007, the City Commission adopted Ordinance No. 10-07, which expanded the workforce housing program to include an additional Overlay District at I-95/CSX Railroad Corridor Overlay District, located west of I-95 east of the tracks on Depot Road south of Lake Ida Road. The ordinance included modification of the "Purpose and Intent" section of the MIC zoning district to add residential uses within the district. However, since adoption of the amendment, there has been some confusion as to where residential uses may be located within the zoning district. The purpose for the amendment is to clarify that they are permitted only within the I-951CSX Railroad Corridor Overlay District. At its meeting of December 17, 2007, the Planning and Zoning Baard considered the text amendment and recommended approval with a 5 to 0 vote. Vice Mayor Fetzer declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 04-08, the public hearing was closed. Mr. Eliopoulos moved to adapt Ordinance No. 04-08 on Second Reading/second Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 10.E. THIS ORDINANCE HAS BEEN TABLED. 10.F. ORDINANCE NO. O1-OS: City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3 "Submission Requirements" to specify the required scales to which various components of development plans must be prepared. The caption of Ordinance No. Oi-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, -20- 01/15/08 AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES. BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTIONS (A}, "STANDARD APPLICA~f"lON ITEMS", (B), "STANDARD PLAN ITEMS", (D}, "PRELIMINARY ENGINEERING PLANS", AND (H), "SUBMISSION (PLATTING) ITEMS" TO PROVIDE FOR UPDATED SUBMISSION REQUIREMENTS PERTAINING TO ENGINEERING ITEMS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. O]-08 is on file in the City Clerk's office.) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Darling, Director of Planning and Zoning, stated this identifies the required scales and expands the type of scales that can be used for plans and requires that all plans be consistent between each other. He stated preliminary and final plats will not have I" - 10' (in addition to 1" = 20' and l" = 30') as an acceptable scale. Preliminary engineering plans must be prepared on sheets dimensioned at 24" x 36", and vicinity maps will now be required to be prepared at a legible scale and include sufficient landmarks to allow quick identification of the proposed project's location. Mr. Dorling stated he spoke with the City Engineer regarding the definition of sufficient landmarks and he indicated that this could be limited to the identification of major arterials and the streets where the project is located in a manner that staff can clearly ascertain where this project is. Staff recommends approval at this time. Vice Mayor Fetzer declared the public hearing open. David Hawke, Hawke & Associates Architects, stated many of their drawings and submissions have to go to Lake Worth Drainage District, South Florida Water Management, the County as well as other reviewing agencies. Mr. Hawke stated if the City places limits on the scales they would have difficulty presenting their projects in having to re-do drawings at different scales far different approving agencies. Also, he stated the Department of Health has requirements as well. There being no one else from the public who wished to address the Commission regarding Ordinance No. Ol-OS, the public hearing was closed. Mrs. Montague inquired about Mr. Hawke's concerns and asked if this is an issue. in response, Mr. Dorling stated he is not aware of any conflict between the scales and the requirements of the other agencies. Mr. Dorling stated the Code now -21 - 01/15/08 requires I"= 20' and 1" = 30' and this is adding an additional option of Y' = 10' so that it makes it more flexible. Mr. Dorling stated staff is giving the architects an additional option not mandating that they submit their drawings under a certain scale. Mr. Eliopoulos moved to adopt Ordinance No. 01-08 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. l l.A. City Manager's res ponse to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. None. At this point, the time being 7:45 p.m., the Commission moved to Item 9.C. of the Regular Agenda. 9.C. REQUEST FOR VALET PARKING_ SPACES/CITY LIMITS: Consider a request from City Limits to reserve the use of six (~) parking spaces in the Railroad Parking Lot to provide valet parking services to accommodate a private party. Scott Aronson, Parking Management Specialist, stated this is a request from City Limits for six (6) valet parking spaces. On February 9, 2008, City Limits will be hosting a private party at their establishment. City Limits is located at 19 N.E. 3T`~ Avenue in the Railroad Parking Lot. in September 2006, City Limits was approved for a valet queue in the Railroad Lot utilizing the same six (6) spaces it intends to use for the party. Although due to a lack of interest by customers, City Limits opted not to renew its valet parking license agreement in 2007, the MacMillan Law firm still leases them their two (2) parking lots across the street on N.E. 4t}' Avenue. Mrs. Montague moved to approve the request from City Limits to reserve the use of six (6) parking spaces in the Railroad Parking Lot to provide valet parking services to accommodate a private party, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:47 p.m., the Commission moved to Item 9.E. of the Regular Agenda. -22- 01/15/0$ 9_E. LICENSE AGREEMENTIEASTER SUNRISE SERVICE: Approve a license agreement with St. John Primitive Baptist Church far the use of the Tennis Stadium and Tennis Center site for an Easter Sunrise Service to be held on Sunday, March 23, 200$ from 6:00 a.m. to 9:00 a.m.; and waiver of the site rental fee, contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance. Robert A. Barcinski, Assistant City Manager, stated this item is to approve a license agreement with St. John Primitive Baptist Church for the use of the Tennis Stadium and Tennis Center site for an Easter Sunrise Service to be held on Sunday, March 23, 2008 from 6:00 a.m. to 9:00 a.m. The City has also been requested to waive the site rental charge and other City costs. Staff recommends approval of the license agreement with the waiver of the $3,000.00 rental fee, but not the City's hard costs (i.e. utilities, clean-up costs, 1CD Sports Group staff time approximately $2,000.00) and contingent upon the hold harmless agreements. Mr. McDuftie moved to approve the License Agreement between the City of Delray Beach and St. John Primitive Baptist Church for an Easter Sunrise Service to be held in the Tennis Stadium on March 23, 2008 from 6:00 a.m. to 9:00 a.m. and waiver of the site rental fee; contingent on the receipt of a Nold Harmless Agreement and Certificate of Liability Insurance, seconded by Mr. Eliopoulos. Upon roll cal] the Commission voted as follows: Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer--Yes; Mr. McDuftie -Yes. Said motion passed with a 4 to 0 vote. 9.D. FY 2008 PERFORMANCE MEASURESIGOLF COURSES AND TENNiS FACILITIES: Consider approval of proposed performance measures for FY 2008 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. Robert A. Barcinski, Assistant City Manager, stated Commission is being requested to review and approve the performance measures proposed for Fiscal Year 200$ for the Municipal Golf Course, Lakeview and the Tennis Facilities. Per the City's agreement dated September 28, 2004, JCD Sports Group is eligible for up to a I S% bonus of the base payment per year based on approved performance measures. Staff has included a bonus point provision for tasks completed that exceed contract expectations such as clean up after a hurricane. Staff recommends approval as proposed. Mr. Eliopoulos moved to approve the proposed performance measures for Fiscal Year 200$ for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuftie -Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote. 9.F. SETTLEMENT OFFER IN GISLAINE DOMESTOIRE v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $13,000.00 in Gislaine Domestoire v. City of Delray Beach. Staff recommends approval subject to the receipt of the appropriate releases. -23- 01/15/08 Brian Shutt, Assistant City Attorney, stated this is a settlement offer in the case of Gislaine Domestoire v. the City of Delray Beach. This case arises out of an auto accident on August 5, 2005 in which the Plaintiff was stopped at the intersection of Congress Avenue and Lake lda Road when her vehicle was struck on the passenger side by a City vehicle. The settlement amount is $13,000.00 inclusive of attorney's fees and costs. Mr. McDufle moved to approve the Settlement Offer in Gislaine Domestoire v. the City of Delray Beach in the total amount of $13,000.00, seconded by Mrs. Montague. Upon roll cal! the Commission voted as follows: Vice Mayor Fetzer - Yes; Mr. McDuffe -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9.G. THIS ITEM HAS BEEN DELETED FROM THE AGENDA AND DEFERRED TO THE SPECIAL MEETING OF JANUARY 22, 2008. 9.H. APPOINTMENTS TO THE BUDGET TASK FORCE COMMITTEE: Appoint one (1) regular member and two (2} alternate members to the Budget Task Force for a six (6) month term. Based upon the rotation system, the appointments will be made by Commissioner Montague (Seat #4) and Commissioner McDuffie (Seat #3). Mrs. Montague moved to appoint Steven Janssen to the Budget Task Force as a regular member far a six {6) month term, seconded by Mr. Eliopoulos. Upon rol I call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer- Yes. Said motion passed with a 4 to 0 vote. Mr. McDuffie moved to appoint Robert Moore to the Budget Task Force as an alternate member for a six (6) month term, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. Mrs. Montague moved to appoint Jim Smith to the Budget Task Force as an alternate member for a six (6} month term, seconded by Mr. Eliopoulos. Upon tall call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9.I. APPOINTMENT TO THE GREEN TASK FORCE: Appoint one { 1) regular member to the Green Task Force for a six (6) month term. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). Mrs. Montague moved to appoint Yaimaz Siddiqui to the Green Task Force as a regular member for a six (6) month term, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Viee Mayor Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. -24- . ol~rsros 9.J. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (I) alternate member to the Code Enforcement Board to serve an unexpired term ending January 14, 2010. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Vice Mayor Fetzer moved to appoint Mackenson Bernard to the Cade Enforcement Board as an alternate member to serve an unexpired term ending January 14, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer - Yes. Said motion passed with a 4 to 0 vote. 9.K. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (] } student member to serve a partial term ending July 3l, 2009. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). Mrs. Montague moved to appoint Keren Eckstein to the Education Board as a student member to serve a partial term ending .luly 31, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mr. Eliopoulos -- Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 4.L. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint three (3} regular members to the Parking Management Advisory Board to serve two (2) year terms ending January 31, 2010. Based upon the rotation system, the appointments will be made by Commissioner Fetzer {Seat #2), Commissioner McDuffie (Seat #3) and Commissioner Montague (seat #4). Vice Mayor Fetzer stated he wished to appoint Bonnie Beer to the Parking Management Advisory Board as a regular member. Mrs. Montague so moved, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos - Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. Mr. McDuffie moved to appoint Mark Denkler to the Parking Management Advisory Board as a regular member to serve a two (2) year term ending January 3!, 20]0, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. ' Mrs. Montague moved to appoint Cecelia Boone to the Parking Management Advisory Board as a regular member to serve a two (2) year term ending January 31, 2010, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes. Said motion passed with a 4 to 0 vote. -25- 01/15/08 9.M. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (l) regular member to the Police Advisory Board to serve a two {2) year term ending December 13, 2009. Based upon the rotation system, the appointment will be made by Commissioner Montague {Seat #4). Mrs. Montague moved to appoint Sinam A1-Khafaji to the Police Advisory Board as a regular member to serve a two (2) year term ending December 13, 2009, seconded by Mr. Eliopoulos. llpon roll call the Commission voted as follows: Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie - Yes. Said motion passed with a 4 to 0 vote. 12. FIRST READINGS: 12.A. NONE. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Man_a~er The City Manager stated with regard to the Palm Beach County League of Cities Board Meeting, there is an animal control ordinance that the County Commission will be considering about the voluntary spade and neutering that will charge a higher fee if you do not have your pet spade or neutered unless you are a hobby breeder. The League Board considered the ordinance and agreed to support it. The City Manager stated the ordinance will be Countywide in its application but individual cities have the option to opt out if they choose to do so. The Board also agreed to file an amicus brief in the West Palm Beach case over the construction of their new City Hall facilities. He stated the Florida League of Cities Action Day this year falls on the fourth Wednesday in March 2008 {03126108). The City .Manager stated he worked on a memorandum regarding the fiscal constraints the City is now facing. He thought it would be interesting and informative to look back and see how the City staffing has changed during his tenure as City Manager. The City Manager stated he compared the staffing in 1990 with the staffing today and commented that the City's population in that time period has gone up about 36%; the City's total staffing has gone up 24%; General Fund staffing has increased 21 % and is broken down by department. The City Manager stated he will send an email and hard copy to the City Commission and noted that almost all the growth has been in direct line departments those being Parks and Recreation, Police & Fire Department (primarily), and Environmental Services. The City Manager stated the City's supporting administrative staff is basically the same or a little smaller even though the City has grown. The City Manager stated this is something worth discussing with people who. may feel that the City is overstaffed because in his opinion, the City is not overstaffed. -26- 01/15/08 13.B. City Attorney Brian Shutt, Assistant City Attorney, had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. E6opoulos Mr. I;liopoulos stated he received a comment at his School Advisory Committee Meeting last night regarding the shop on Atlantic Avenue displaying ladies lingerie. He does not necessarily have an issue about what he saw but it definitely made him aware of what could happen and asked whether the City has something in place to prohibit something like that. Secondly, he commented about the New England Patriots football game. 13.C.2. Mr. McDuffie Mr. McDuffie stated a couple of months ago he tuned in to the City's local PBS Station (Channel 42) and caught the beginning of the Bowfire Concert which blew him away. He stated when Channel 42 went to their fundraiser there was Joe Gillie and the O[d School Square staff so he called in and bought tickets. Mr. McDuffie stated the concert was almost a marriage of Riverdance with stringed instruments because they dance, sing, and play simultaneously. Mr. McDuffie stated this is another example of the entertainment and the quality job that staff around the City provides. Mr. McDuffie stated Old School Square should be proud and noted the attendance was approximately 1,000 or more. He stated this was a magnificent performance and noted that he and Commissioner Montague were recognized by Joe Giilie and because of that, after the performance a lady who was seated in front of him asked if there was any way to get the performance moved to Landon. 1n addition, the couple seated beside him was from Dade County. Mr. McDuffie skated many people were touched from many different locations. He stated this is just another example of a fantastic job by Old School Square. Secondly, he stated at the Commission Workshop Meeting Commissioner Fetzer had asked him about the Little League. Mr. McDuffie stated he is 95% certain that we will have one Little League for this coming season. He stated people are working together so well and those involved in youth sports have wanted this for quite some time. Mr. McDuffie commended the Presidents, Boards, and Directors of both Leagues; however, they still need some financial help to bridge the gap between the player fees and the two organizations. He stated initially the gap was $70 per player and has now been narrowed down a bit. Mr. McDuffie stated he spoke to the City Manager today about the potential of infie{d removable signage and he would like to see the City pursue this. He stated there is a limitation fundraising of one sponsor per team and that does not cover the fee to play the game. -27- 01/l5/08 13.C.3. Mrs. Montague Mrs. Montague reminded everyone that Dr. Martin Luther King, Jr.'s Birthday is Monday, January 21, 2008 and noted there is a number of celebrations right here in Delray Beach and she is hoping everyone is available to attend. She stated she has participated in the past and the celebrations are both moving and inspirational. Mrs. Montague stated there is a processional at Mt. Olive on Sunday, a breakfast at the Spady Museum on Monday morning at 8:00 a.m., and the March is in the afternoon. 13.C.4. Vice Mavor Fetzer Vice Mayor Fetzer stated with regard to comments expressed by Commissioner McDuffie regarding the Little Leagues, he feels this would be a good story to report on because these are Little Leagues that have operated separately for fifty (50) years and to bring these Leagues together is a wonderful example of community unity. Mr. McDuffie stated this would be a great human interest story and this is going to be a positive thing for the City and the residents. Mr. McDuffie stated he and the City Manager were talking about a T-Ball Group that the City is currently sponsoring right now which is part of Delray American and there may be some funding available from that. He stated they are looking to do the outfield vinyl coated canvass signs to put on the inside of the outfield fence. Mr. McDufte stated anything the City can do with regard to some modification of the sign ordinance to be able to deal with signage would be helpful. He stated this would eliminate the one-to-one sponsorship and noted that the League is going to feld 38 teams. Mr. McDuffie stated this is limited to 38 sponsors and the sponsors will not fund it without substantial contributions from the players and their parents. He stated as a part of the Little League Charter no player can be refused entrance for lack of the ability to pay. There being no further business, Mayor Ellis declared the meeting adjourned at 8: ] 1 p.rn. City Clerk ATTEST: MAYOR -28- O 111510$ 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 January E 5. 2008. 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. -29- 01/15/08 IN THE CITY COMMISSION CHAMBERS QF THE CITY 01= DELRAY BEACH, I=LORIDA WAIVER REQUESTS IFOR 5E}8 SE 3R° AVENUE PROPERTY ORDER OF THE CITY COMMISSION OF THE CITY QF DELRAY BEACH, FLORIDA 1. These waiver requests have came before the City Commission on .lanuary 15, 2dd8. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request from the property owner of 5d8 SE 3~' Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: I_DR Section 4.3.4(K) (Development Standards Matrix) provides minimum requirements for development. The Applicant has requested the following waivers to the development standards matrix in regards to the corner Iot: Reduction of lot frontage and width for corner lots from 80' to 65.15' Reduction of required lot size from 7,560 sq. ft. to 6,515 sq. ft. Pursuant to LDR Section 2.~#.7(B)t5), prior to granting a waiver, the approving body shad make, a finding 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 an other property for another applicant or owner. Does the waiver request to Section 4.3.4(K) and subject to the conditions listed, if any, meet all the requirements of 2.4.7(B)(5)? Yes 4 No d That a survey be filed showing the reconfiguration of the lots. That a Unity of Title be executed between the two newiy created Iots and remain in place until all structures are demolished, at which time said Unity of Title shall be released upon consent of the City's Chief Buiiding OfFcial. ' i+~qa 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and fnds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantia9 evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver requests to CDR Section 4.3.4{K). fi. Based on the entire record before it, the City Commission hereby adopts this Order this 15"' day of January, 2DD8, by a vote of 4 in favor and 0 opposed. ATTEST: ~ ,~ Chevelle Nubin, City Cleric ~•t! Fred Fetzer, Vice-M or 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER AND IN LIEU PARKING FEE REC.IUEST FOR TAVERNA EROS ORDER QF THE CITY COMMISSION OF THE CITY OF DELRAY 6EACH, FLORIDA This waiver and in lieu parking fee request has came before the City Commission on January 'i 5, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver and in lieu parking fee request far Taverna Eros. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and 11. I. WAIVER: Pursuant to LDR Section 4.6.9(E}{3} when a requirement for additional parking results from in-fill development, or from a change in use, or adding floor space to an existing building; the City Commission may approve the payment of a fee in-lieu of providing such required parking. Before granting such approval, the City Commission must find that it is impossible or inappropriate to provide the required number of on-site or off- streei parking spaces and that in the case of building additions na existing parking spaces will be eliminated. The payment of a fee in-lieu of providing required parking is not permitted for new development. The in-lieu request is being sought for the elimination of fQUr (4) parking spaces in the adjacent parking lot to accommodate the new outdoor cafe area. The applicant is requesting a waiver to that por#ion of LDR Section 4.6.9{E)(3) which prohibits the purchase of in-lieu spaces to accommodate an expansion of use which eliminates existing parking spaces. Pursuant to LDR Section 2.4.7(B}(5), prior to granting a waiver, the approving body shat! make a finding that the granting of the waiver: (a} Shall nat 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 ar owner. Would a waiver to Section 4.6.3(E)(3), regarding the prohibition of in-lieu fees to accommadate an expansion of use which eliminates existing parking spaces, comply with the requirements of 2.4.7(B)(5)? Yes 4 No 0 ~ T Gonditions: If the Waiver is approved ga to Sec#ion ll. If the Waiver is denied go to Paragraph 3. It. IN LIEU PARKING FEE: Pursuant to LDR Section 4.8.9(E)(3), when additional parking is required for a change of use and it is impossible ar inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. Does the In Lieu Parking Fee request for four spaces meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? Yes 4 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original application was submitted and Ends that its determinations set forth in this Order are consistent with the Comprehensive Pion and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver and in lieu parking fee request as set forth above. 2 $. Based on the entire record before it, the City Commission hereby adopts this Order this 15~' day of January, 20Q8, by a vote of 4 in favor and 0 opposed. ATTEST: Fred Fetzer, Vice-~laynr Chevelie Nubin, City Cleric 3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME~IRST t~w~ne~IDPLE wanrrE o dulos ,Gar P. NAA1E OF BoAaa. courica, CAMhAISSION. AunaoRtrr, OR CO-~rnTEE Delray Reach City Commission wwu~ Atx~ess 205 George Bush Boulevard rr~ Bo,~an, couracu, oonuyttsstorr, Auz~ot:~Tr oa -rte arr wr~tsERVt:tsauNrTOF: ply COF1rJ]"Y 'RTi.aT~ Q COUM Y O OTFER LOLL A[,E~' Delray Beach, Florida 33444 Palm Beach nua+eoF~.rr~u.sueanns+oN: CIATE oN vutilCH vOTe otxw~c .7anuar 15 , 2008 ~, ~~ ~: ~. £LECTIYE m Ar~r~DiKnve WHO MUST FILE FORM 8B This (orm is for use by arty person serving at the county, city, or other focal level of govemmenE on an appointed or aledad board, o0uncil, commission, authority, or commi#tae. li applies eclualiy to merrtbers of advisory and non-advisory bodies who are presented with a voting cnniticl of Interest under Section 112.3143, Florida Statutes. Your responsibUltles under the law when faced with voting an a measure in which you have a conflict of interest will vary greatly depending on whether ynu hold an elective or appointive position. For this reason, please pay close attention to the instructions on this Form before corrtpleting the reverse side errd filling the form. INSTRUCTIONS FOR COMPLiAMCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding eledive or appointive county, municipal, or other bcal putNic office MUST ABSTAIN from votlrxa on a measare which inures k- his or her special private gain or loss. Each elected or appointed local officer also is prohibited irorr- knowingly votktig on a mea- sure which inures ~ the speaai gain or loss of a principal (ocher than a government agency) by whore he Or she is retained (including t11B parent organization ar subsidiary of a corporate prnapal by which he or she is retained); to the special private gain ar loss of a relative; or to the special private gain Or ipss of a business assoaate. Commissioners of community redevelopment agencies under Sec. 183.356 or 153.357, F.S., and officers of indepondent special Iax d"+stricts eieded on a one-acre, one-vats basis are not prohibitatl tram 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-taw, son-in-law, and daughter-in-law_ A "business assodate' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, ooowner of property, or wrporate shareholder (where the shares of the corporation are eat listed on any national or regional stock exchangek ELECTED OFFICERS: In addition to abstaining tr~om voting in the situatlons described above, you must disclose the oonfiiCt PFttOR 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 QAYS AFTER THE VOTE OCCURS by completing end filing this form with the person responsible Sor racordinQ the min- utes of the meeting, who should incorporate the form in the minutes_ APPOINTED QFFICERS: Although goer must abstain from voting iR the situations described above, you otherwise may partidpate in these matters. However, you must disclose the nature of the conflict before makirt{~ any attempt to Influence the decision, whether oreGy or in writing and whether made by you or ai your direGiian. IF YOU INTEND TO MAKE AMY ATTEMPT TO INFLUENCE THE t3ECISION PRIOR TO THE MEETING AT WIiICH THE VOTE WILL BE TAKEN: • You must complete and [Ile this form (before rnaWng any attempt to influence the decision) with the parson responsible fur recordiatg the minutes of the meeting, who wip incorporate the form in the minutes. (Continuod on other side} l,E FORM t3B - EFF. 712000 +~ , ~ ~ ~ ~ ~ ~ ~ PACaE 1 APPOINTED OFFICERS (cantlnued} • A copy of the aorrn must be provided hnmediately 1o the other members at the agency. • The form must be read publicly at Ute next meetlng after the form is filed. . IF YOU MAKE NO ATTEMPT TO INFLUENCE TH>= DECISION EXCEPT 8Y DISCUSSION AT THC MEETING: + You must disclose orally the nature of your confikt in the measure before participating. • You must complete the Corm and tale it within t5 days after the vote occurs with the person responSJble for recording the minutes of the meetlng, who musi irlcorporaie the farm in the minutes. A copy of the form must be provided immediately W the other members of ttre agency, and the form mvsi be read put~licly at the next meeting after the form is Cited. DISCLOSURE OF LOCAL OFFICER'S INTEREST I,_ Gary P. Eliopoulos _ .3anuary I5, hereby disclose chat on . 20 ___.__ (a? A measure came ar wiY corns before my agency which (check one) _ inured to +nY spedai private gain or lass; Inured do the speGal gain or loss of my t7usiness associate, Kupi & Eliopoulos Architects , P . A. . Inured to the special gain oc Ioss of my relative, ~ __-- ... _ __ , Inured to the spade! gain or toss of _-- .. by whore 1 arr- retained: or inured to the speoiaf gain or loss of ,which i$ ttta parent arganizatian or subsidiary of a principal which has retained me. (b} The rneaswe before my agency and the nature of my canfliciing interest In the measure is es follows: Data Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §712.3~T, A FAILURE TD MAKE ANY REQUIIZ£D DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, RJ=r.MOVgL OR SUSPENSIQN FROM OFFICE OR EMPLOYMENT, DEMOTION, REDIfCTION IN SALARY, REPRIMAND, OR A CIV#L PENALTY NOT TO F~CCEEO i10,00A. CE FORM 8B - EFF. 11'2000 PAGE 2 SPECIAL MEETING JANUARY 22, 2008 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the First Floor Conference Roam at City HaQ at 6:00 p.m., an Tuesday, January 22, 2008. Roll call showed: Present - Comrnissionex Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Mayor Ellis called the special meeting to order and announced that it had been called for the purpose of considering the following item: SPECIAL MEETING AGENDA 1. COMMUNITY WORKFORCE HOUSING INNOVATION PROGRAM (CWHIP] AGREEMEN'T' FOR VILLA ES AT DELRAY: Considex approval of the Community Workforce Housing Innovation Program (CWHIP) Agreement for Villages at Delray. Joseph Safford, Director of Finance, introduced Rebecca O'Connor, Treasurer, and presented this item. He discussed the present property use handout distributed to Commission. As part of the Community Workforce Housing Innovation Program (CWHIP) agreement the developer asked that the City forgive $1.5 million dollars of the Urban Development Action Grant {C1DAG) loan. Staff was asked to evaluate the projects to determine if it is recommended to support forgiving the loan. He explained the UDAG loan has a balance of $4.2 million dol]ats. Based on the pxoposed property use, three project developments would take place. The three project developments would be the Village at Delray, which would include two hundred sixty- four rental units; Village at the Takes, which would be three hundred sixty townhomes and condotnuuum units; and Village 5cluare. Mt. Safford stated the collateral fox the Loan would be thirty-one (37) acres and two hundred fifty-six units that are currently on the Auburn Trace property. The Village Square project would be built first with projected completion in 2090. The Village of Delray would be built next followed by the Village at the Lakes. The projected completion time is 2012 for the Village at the Lakes. Mrs. Montague asked when the Village at Delray Lakes would be completed. Mr. Safford stated Village at Delray Lakes would be completed in 2010. Mr. McDuffie asked when the Village Squaw project would begin. Mr. Safford explained the contributions and the financial projections for all three projects. He also discussed several questions included in the back-up material. Mr. Safford pointed out that the City would be losing eleven (11) acres and ninety-six (96) units of collateral for the loan, however; the City would not receive a portion of the $6.5 million. He presented several focal points that he asked be clarified by the Developer. IVIr. Safford advised Commission that the $1.5 million dollar loan if forgiven as an account receivable would be no different than a bad debt write-o f£ Staff recommended the loan not be forgiven; a portion of the UDAG loan should be repaid when Auburn Trace sells the land and demolish the units that provide the current collateral. Mr. Safford says that the remainder of the loan should he repaid upon the cotr-pletion of the other two projects. David T. Harden, City Manager, discussed the handout he gave to Commission on the amount of rnoney the City has spent in the area which is about $5 million. Mrs. Montague asked if a breakdown of where the money is corning from can be specified. Mayor Ellis questioned if particular areas that required replacements such as water mains, sewer pipes and stormwater treatment would be an expense of the City and must it coincide with the development of the property. Mr. Harden advised that some utilities would part of the project cost; supporting pipes to get everything to the area would be the expense of the City. Ciro Berguiristan, First Vice President of Auburn Trace Development, gave a PowerPoint presentation on behalf of Auburn Development, LLC. Mr. Berguiristan advised that Auburn Development, LLC would like to have the $1.5 million dollar loan forgiven after the balance of the loan is paid. Based on the current agreement, Auburn Development I..LC. would pay approximately $150,000 to the Ciry annually with an expected payoff in 2022, however, Mr. Berguixistan uTould like to pay approximately $3 million dollars before 201.2 in exchange for forgiveness of a portion of the loan. In addition, the City would get affordable rent and income restricted units for fifty (50) years. He discussed the City's goals for affordable workforce housing and its Ordinances. He clarified some of the previous statements made by Staff that the Delray Beach Housing Authority (DBHA) did not make a substantial contribution. Mr. McDuffie advised Mr. Berguiristan that his numbers are incorrect; he stated the County contribution number is an ertar in the PowerPoint; however, the percentages are correct. Mr. Bexguiristan discussed cash flow benefits and distributed a handout to Camnussion. He talked about the Return on Investment (RO)). He discussed the Developer Fair Profit Analysis conducted by Economic Research .Associates (ERA) which analyzed different facets of the real estate market. ERA was employed by nine cities in the tri-county area including Boynton Beach, to determine that the pricing was reasonable based on an analysis of the different communities and marketing surveys. Mr. Berguiristan advised that the rental deal would not be a 50% partnership with the DBHA as stated by staff. He discussed tentatively being awarded the $20 million dollar HOPE VI Grant and what he would Iike to accomplish. January 22, 2008 Mr. Berguiristan addressed earlier statements and questions presented by staff. He also showed Commission an animated presentation of the new projects. Mr. Fetzer advised Mr. Berguiristan that he gave an impassioned presentation and asked staff to respond to the Benefit Present Value number given by Mr. Bergui.rlstan. Ms. O'Connor advised that staff did not look at the Benefit Present Value because the monies would go directly to Lula Butler, Director of Community Improvement's budget. Mr. Safford explained why the money would be distributed to Mrs. Butler's budget and not towards the Genera] Fund in further detail. He explained certain government restrictions would not allow the City certain expenditures with the grant such as salaries. Mr. Eliopoulos concurs that Mr. Berguiristan gave a phenomenal presentation; however, he does not want to see anything deferred. He expressed several concerns such as where this type of agreement has been done before for any development. He is concerned with the type of precedence the City would set. He questioned how Mr. Berguiristan arrived at the $1.5 tndllion loan amount to forgive. He asked what amount the Developer wanted from CWHIP and what contribution amount from the City. Mr. Berguiristan advised that Auburn would like to have $5 million dollars. Mr. McDuffie advised this was a large amount of information to digest from the presentation and packets that were distributed to Commission. The project is something he felt the City had been looking for a long time. Mr. McDuffie explained there could be an enormous risk or reward to the City and the Developer which is critical at this time. He would like staff to meet with the Developer to understand how this project could be accomplished. Mr. Harden advised the deadline for the CWHIP application is the end of January 2008. Mrs. Butler stated the proposal presented tonight is little different from what was previously reviewed. Mrs_ Montague questioned the $149,000 yearly payment and when would the $10,000 per unit commence. She requested clarif cation as to how this would affect Mrs. Butler's budget. She questioned where did the $1.5 million come fxom and what if the Developer does not get the CWHP' Grant. Susan Ruby, Csty Attorney, clarified that the City is not actuaIly getting a lump sum. Mr. Berguiristan stated that the $1.5 million is needed whether the City gets the CWHIP grant or not. Mr. Harden stated that the $1.5 million is integral to the CWHIP Grant. Mayor Ellis stated that the neighborhood has waited patiently for years for this development and the City will not renege on its promise to the SW and NW 13~' Avenue residents. Ja~uaiy 2z, zoos Commission concurred they would have another Special Meeting if necessary to make sure that the project is handled correctly. Mr, Berguiristan made two (2) suggestions since the Developer is under time constraints. The fzrst is to have a signed agreement from the City. He also requested anothet Special Meeting held the same week. Dirs. Butler stated she received an a-mail that the City has satisfied obligations with UDAG and is free to negotiate this particular loan. It was the Consensus of the Commission to have a Special Meeting on January 23, 2008 at 6:30 p.m. in the First Floor Conference Rnom to further discuss the Community Workforce Housing Innovation Program (CWH1P) Agreement for Villages at Delray. Mayor Ellis adjourned the Special Meeting at 8:28 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 Special Meeting of the City Comrnission held an Tuesday, January 22, 2008, which Minutes were formally approved and adapted by the City Commission on City Clerk NOTE TO RE~EIIt: 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. January 22, 2008 SPECIAL MEETING JANUARY 23, 2008 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was caIled to order by Mayor Rita Ellis in the First Floor Conference Roam at City Hall at 6:30 p.tn., on Wednesday, January 23, 2008. Roll call showed: Pxesent - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Also present were - David T. Harden, City Manager Susan A. Ruhy, City Attorney Chevelle D. Nubin, City Clerk Mayor Ellis called the special meeting to order and announced that it had been caIled for the purpose of considering the following item: SPECIAL MEETING AGENDA 1. COMMUNITY WORKFORCE HOUSING INNOVATION PROGRAM (CW_H_IP~ AGREEMENT FOR VILLAGES AT DELR.AY: Consider approval of the Community Workforce Housing Innovation Program (CWHIP) Agreement for Villages at Delray. Joseph Safford, Duectot of Finance, presented this item. He stated there were multiple meetings held on January 23, 2008 with representatives from the Auburn Trace Development, LLC. He explained both patties agreed to a reduced amount from $1.5 nnillion dollars originally requested to $1 million dollars. The language in the Cornxnunity Workforce Housing Innovation Program (CWHII') agreement would be revised to allow fox the eleven (11} acres to be taken away as collateral for the loan. Susan Ruby, Ctty Attorney, stated this agreement is subject to a payback of $297,000.00. The exact terms will be in a subsequent loan document. Mr. Fetzer allied if the agreed upon texms are subject to the Housing and Urban Development (HUD) approval. Mrs. Ruby stated this is based on HUD approval. Mr. Safford explained that upon closing of the eleven (11} acres, the City will be paid $297,696.OQ which is the payoff of the other note, not the UDAG note. He explained the City will be paid $149,244.00 for a three (3) year period. At the end of the period, there will be the payoff of the entire balance of the loan including the accrued interest. He stated staff was comfortable with the terms of the agreement. The City would be paid in a lump sum at the end of 2010 instead of being paid based on when properties are sold. Mrs. Ruby stated if the terms of the agreement are not met the Developer would have to continue to pay the loan with a payoff in 2022 and there would be no forgiveness. Mayor Ellis asked Cito Berguiristan, First Vice President of Auburn Trace Development, LLC if he agreed with the terms of the agreement. Mr. Berguiristan stated he agreed with the terms of the contract made by Auburn Trace Development, LLC and staff. Mrs. Montague moved to approve the Community Workforce Housing Innovation Program (CWHIP) Agreement for Villages at Delray per staff recommendations, seconded by Mt. McDuffie. Upon roll call, the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague Yes; Mayor Ellis --Yes; Mr. Eliopoulos -Yes Said motion passed 5-0. Mr. Berguiristan asked if a typographical error in Paragraph G regarding the School Board could be corrected in the Resolution that is being attached to the agreement. Mxs. Ruby stated the typographical error will be corrected. Mayor Ellis adjourned the Special Meeting at G:45 p.m. ATTEST: 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 I~ieeting of the City Commission held on Wednesday, ~anuary 23, 2008, 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 appravaI, which may involve amendments, additions or deletions to the Minutes as set forth above. January 23, 2008 WHEREAS, the DELRAY ROCKS FO(7TBi1LL & CE{EERLE.IDING Prc~s;ram is Sponsored b}= the City of Delray Beach Parks and Recreation Department, and the football pla}•ers and cheerleaders proudly represent the Citti= of Delray Beach; anti WHEREAS, four (4) teams advanced to the South Florida Youth Football League Playoffs in the League Championships; and WHEREAS, three (3) football teams were im-ited to participate in the Sports Network International, Inc. National Youth Football Championships in Da~~tona Beach, Florida, November 22-24, 2[)07; and WHEREAS, the ['ee Wee team led by Coach James Parrish advanced to the second round of the South Florida Youth Football League Championships; and WHEREAS, the 90-pound team led by Coach Neal Collins advanced to the second round of the South Florida Youth Football League Championships and were National Champions in the Sports Neti=ork International National Youth Football Championships in Da}=tong Beach, Florida; and WHEREAS, the 110-pound team ted by Jerome Jackson advanced to the second round of the South Florida Youth Football F.eague Championships and were runners ~- up at the Sports Network International National You[h Football Championships in Da}•tona Beach, Florida; and WHEREAS, the 135-pound team led by Bernard (wince advanced to the second round of the South Florida Youth Football League Championships; and were runners - up at the Sports Netruork International National Youth Football Championships in Iaaytona Beach, Florida; and WHEREAS, the Pee Wee cheerleaders squad /Coach Arissa Louis-Jean won a Excellent rating in the South Florida Youth Pootbali Chccrleading Competition in I't. I..auderdale, Florida; anc} WHEREAS, the 9U-pound cheerleaders squad /Coach Kristie Owens won a Excellent ratin~> at the South Florida Youth Football Chcerleading Competition in Ft. Lauderdale, Fl. November 3, 2(}07; and WHEREAS, the 110-pound cheerleaders squad /Coach Kimberly Ellis won a Excellent ratings in the South Florida Youth Football Cheerleadinl; Competition in Ft Lauderdale, Fl, November 3, 2007; and WHEREAS, the ]35-pound cheerleaders squad /Coach Dyson}=a Mitchell won a Excellent ratings in the South Florida Youth Football Cheerleading Competition in Ft. Lauderdale, Fl. November 3, 2007; and WHEREAS, the 1G5-pound cheerleaders squad / C=oach Joycelyn F3arris won a Excellent ratings in the South Florida Youth Football Cheerleading Competition in Ft. Lauderdale, Fl. Nor=ember 3, 2D67; and WHEREAS, the parents, friends and cheerleaders of the Delray Rocks represented the CitL= of Delray Beach in support of the accomplishments of these young men and women and their coaches. NOW, THEREFORE I, RITA ELLIS i4layor of the City of Delta}' Beach, Florida On behalf of the City Commission, do hereby proclaim the Delray Rocks Football and Cheerleaders participants to be "CHAMPIONS AMONG CHAMP1tON5 AND AMBA5SADORS OF GOOD WILL AND SPORTSMANSHIP FOR THE CITY OF DELRAY BEACH, FLORIDA" IN WITNESS WHEREOF, I have hereunto set my hand anti caused the official seal of the City of Delray $each, Florida, to be affixed this 5th day of February, 2008. RITA ELLiS 1~I~1YOR WHEREAS, The Arc of Palm Beach County has for fifty years, from 1958-2008, provided our area's most diverse, comprehensive services, education, and advocacy for children and adults with disabilities, and their families; and WHEREAS, The Arc of Palm Beach County is a leader in establishing Palm Beach County as a Commmtity for Alt, where citizens with developmental disabilities can acl~icvc their maximum level of independence and make a contribution to the productivity and quality of life of their communities; and WHEREAS, The Arc of Palm Beach County in 1998 founded the Potentials School for children ages 3-10 years of age, introducing what has become a model therapeutic educations[ program honored at the state and national level; and WHEREAS, The Arc of Palm Beach County supports adults with disabilities through employment training and placement services, individualized job and life skills coaching, and with residential services for those most in need; and WHEREAS, The Arc of Palm Beach County further offers support, training, connection, and advocacy for the families of persons with disabilities, whether those persons are infants, toddlers, school-age children or adults; and WHEREAS, on February 7, 2008, The Arc of Palm Beach County will celebrate its 5(?'h Anniversary. !SOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, and all of the citizens of Delray Beach do hereby recognize The Arc of Palm Beach County on its 50`h Anniversary in the City of Delray Beach, Florida, and congratulate their commitment to outstanding service and support to the communities throughout Delray Beach and the whole of Palm Beach County. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 5`h day of February, 2008. RITA ELLIS MAYOR MAP PROJECT "AWORLD OF DIVERSITY-------A CITY OF HARMONY" In collaboration ,the Zion Study Circle, The Delray Beach Historical Society EPOCH (Expanding and Preserving Our Cultural Heritage and the Spady Museum ,with the assistance The Delray Beach Library, the City of Delray Beach and the Anti- Defamation League, together, embark on a map project in an effort to bring all cultures closer together within the City of Delray Beach. The library has consented to permit the installation of a very large map that will be located on the South wall of the library. The map will be visible to grownups and children alike as it will be near the downstairs computers and children's area of the library. The group would like a smaller map to be displayed at City Hall which will encourage residents to participate in the project. The Map will depict the States and Countries of the birthplace of residents of The City of Delray Beach and will show pictorially the relationship and proximity of those states and countries to the City. The map will also have state and country flags depicted. There will be a guest book where persons will sign in and also there will be a receptacle for persons to submit their country or state of origin information. The map will be updated periodically to include additional states and countries based on new information as it is received. The guest book rostrum will also contain a history exhibit showing the census information beginning in 191 Q and forward so that the different countries of origin and the different peoples that lived here in the City can be identified as the population existed at various points in time. Along with the history exhibit we hope to have old pictures of the City and the Early History included as part of the project. The Map is anticipated to be used by the Spady Museum and the Historical Society and others as part of educational programs for the Community. The purpose is to educate persons of all ages that visit the library and City Hall about the rich and valuable diversity of our city of harmony, the City of Delray Beach. Smith, Dpuglas Fram: Inglese, Cathy Sent: Friday, February 01, 2008 4:4$ PM To: Gaskins, Lanelda; Smith, Douglas Subject: FW: Re: Fwd Project description-Map project From: Ruby, Susan Sent: Wednesday, 3anuary 30, 2008 1:55 PM To: 'Delray Beach Historical Society' Ce: 'Charlene'; Daisy Fulton (dmof@bellsouth.net); Alan Burgess (bendukaboi@yahoo.com); Alice Finst (ajfinst@earthlink.net}; Alpert, Elizabeth; Arthur Brown {vend47@yahoo.com); Ben Ruby 5R> (benandsusanruby@comcast.net); Chariol# eG. Durante (CGDurante@aol.com); Cory Cassidy (cor5Z6@aol.com); dellington@dbha.org; J. R. Thicklin (manofpurpose2000@aol.com); J. R. Thicklin (manofpurpaseZ0001@yahoo.com); Lori Durante (UDurante@aol.com); Luckner Exama (examad@bellsouth.net); Lula Butler {Butler@ci.delray-beach.fl.us); Pastor Evens 3ules (]uvens4yhvh@yahoo.com); Patricia Westall; Ruby, Susan; Sharon G. Austin {sharonaustin@casonumc.org); Shelly Weil (K26s@aol.com); Thuy Shutt; Thuy Shutt (tshutt@co.palm-beach.fl.us) Subject: RE: Re: Fwd: Project description-Map project Thanks Dottie-That is great!//! Susan ~. Ru6y City Attorney 200 N. W. 1 st Avenue Delray Beach, FL 33444 telephone: 561-243-7091 facsimile: 561-27$-4755 email: ruby(czci.delray-beach.fl.us From: Delray Beach Historical Society [mailto:dbhsarch@bellsouth.net] Sent: Wednesday, 3anuary 30, 2008 12:32 PM To: Ruby, Susan Subject: Fwd: Re: Fwd: Project description-Map project X-Originating-iP: [207.115.11.56] X-Originating-IP: [207.115.11.160] From: rwganger~@bellsouth.net To: Delray Beach Historical Society <dbhsarch@behsouth.net> Subject: Re: Fwd: Project description-Map project Date: Sat, 26 Jan 2008 00:27:21 +0000 X-Mailer: AT&T Message Center Version 1 {Oct 30 2007) X-Authenticated-Sender: cndnYWSnGXJAYmVsbH\vdXRoLm51dA== Sawn, wanted to let you to know that liob Ganger wants the DBHS to participate in the project. Dottie Dottie, 2/1/2408 i really like the project. We and perhaps Spady should have their own copies of the work product in our respective learning centers. iJsing the 1910 census is a great idea--were all the pcop[e counted? Rob -------------- Original message .from. lleiray Beach Historical Society <dbhsarch@bclksouth.net>: -------------- 2/1/2008 J MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 29, 2008 SUBJECT: AGENDA ITEM B.A. -REGULAR COMMISSION. MEETING OF FEBRUARY 5, 200$ RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATEK TREATEMENT AND DISPOSAL BOARD ACTIONS ITEM BEFORE COMMISSION This is before the City Commission to ratify the actions taken by the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Annual Meeting on January 17, 2008. BACKGROUND By a vote of 8 to 0, the SCRWTD Board approved the following: Authorization to expend up to $SO,OQO.DO on miscellaneous items (soil and concrete testing, permit, and legal issues} for construction of 24-MGDd Reuse Expansion. Cost to be split 50150 from Cities' Capital Fund. Authorization to increase JJ Kirlin's Contract for construction of the 24-MGD Reuse Expansion with Change Order No. 1 by $994,27$.22 increasing the total Contract from $9,912,500..0.0. to $10,906,778.22. Action to be ratified by both Cities' and the amount is to be split 50/50 from each City's Capital Funds. Authorization to decrease JJ Kirlin Contract for constructing the 6-MGD Reuse Expansion with Change Order No. 2 by $4,319.00 decreasing the total contract from $5,413,322.00 to $5,409,003.00. Action to be ratified by both Cities and the amount is to be split 50150 from each City's Capital Funds. RECOMMENDATION Recommend ratification of the actions approved by the SCRWTD Board or- January 17, 2008. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 200$ WHEREAS, the South Cenkral Regional Wastewater Treatment and Disposal Board did on JANUARY 17, 2008, by a vote of 7-0, Authorization to expend up to $50,000 on miscellaneous items (soil and concrete testing, permit, acrd Iegai issues) for construcfion of 24MGD Reuse Expansion. Cost to be spill 50150 from Cities' Capita! Fund WHEREAS, said Board action requires ratification by the City of Delray Beach and the City of Boynton Beach. NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a cote. CITY OlF DELRAY BEACH By: MayorlCity Manager Attast: City Clerk ---- Approved as to form: City Attorney F,-ldocslBdMfgslF7ati/sV2007-2008LDelray8eachRatif 01-97-2008.doc RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 9T, 2008 WHEREAS, the Soath Central Regional Wastewater Treatment and Disposal Beard did on JANUARY 77, 2007, by a vote of 7-0, Aufhorization to increaser J.l Kirlirr's Contract for construction of the 24MGD Reuse Expansion with Change Order t by $994.278.22 increasing the total Confract from $9,9!2,590.00 tv $70,908,778.22. Action to be ratified 6y bath Cities' and the anxounf is to be splif 50/50 from each City's Capital Funds. WHERFJ~S, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Defray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: City Cierk Approved as to form: City Attorney F: klocs~8dr41tgslRatifs~2007-2pQ$~Delra yBeachRatif 0 ~-77-2008.doc RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2008 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did an .JANUARY 17, 200$, by a vote of 7-0, Authorization to decrease JJ Kirlin Con#ract for constructing th$ 6-MGD Reuse Expansion with Chgnge Order No. 2 by $4.329.00 decreasing the fatal contract from $5,413,372.00 io $5.409.OU3.00. Action to be ratified 6y bath Cifies and the amount is fo be split 5A/30 from each City's Capital Funds. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of _, by a vats. CITY OF DELRAY BEACH By: MayorlCity Manager Aifiest: City Clerk Approved as to form: City Attorney F:ldocslBdMtgs4Ratilsl2p07-20081De1ray8eachRatrt OT-17-2008.doc ':J MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, PE, LEED AP THROUGH: David T. Harden, City Manager Richard C. Hasko,PE, Environmental Services Director DATE: January 29, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMM~5SION MEETING OF FEBRUARY 5, 2008 302 VENETIAN DRIVE SIDEWALK DEFERRAL ITEM BEFORE COMMISSION Requesting approval of sidewalk deferral request for 302 Venetian Drive. BACKGROUND This is a single family residential lot located at 302 Venetian Drive. Around 2001 the City rebuilt Venetian Drive between Casuarina Road and E Atlantic Avenue and made the decision to install a sidewalk only on one side, which was the east side of Venetian Drive. Several sidewalk deferrals have been granted along the west side of Venetian Drive and none of those were acted upon when Venetian Drive was rebuilt. Since this property is also on the west side of Venetian Drive staff can support a sidewalk deferral. RECOMMENDATION Approval of sidewalk deferral. ~~ ~~ W n~ W L L Q} n~ W v t _i ~, ;s~it~k. -, r;; ~, [;: r,'. ~,;, ~_ } ~ U N N m <~, ~, ,~~ ~ _, .. ~ . .w ~ O ~ ~ N ~ ~ T N N O M Prepared By: Rl"I'[J12N TO: R. Brian Shntt, Tcsq_ City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this ~' ~ day of G~ ~tfvw r' , 2a0~ between the City of Delray Beach (hereinafter the Cityj and ~o ~ rlt~e.7icw ~ L C~• (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along ~Ne « ~rc~ until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section b.1.3(C) requires the installation of a sidewalk, within the !I ~cntk~ fi~~l 7~~' right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section b, l,3(D}(l}(b); atad, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the instailatian of a sidewalk, at this time, for the property located at: ,.I e~,~rr ~ f~~~as ~~ f~~ ~_ Lug 3 ~ JC} ~~ ~~l~~ L c; v~,~.s¢ 1. The Owner ogees to construct a sidewalk, at its sole cost and expense, along the right-of-way abutting the subject property, within a tune period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the Gity of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shalt be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this /u day of ~ ~c.a 200 ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to form and sufTiciency: City Attorney W SSES: ~ ~~'~-~~~l ~" C.J~~~^"~ Mayor OWNER: By: ~r~~• a~.•w+ z J`e7i C (Please t ear print name} (Flease type or print name} STATE OF -~% . COUNTY OF ~.~~•,~.,~~_ ~/% ,~ The foregoing instrument was a~ owledged before me this i4 day of ~ ~ „ ~, f , 200~by ~~~~ir /i~~ /cL~% (name of officer or agent}, of ~~' (name of corporation}, a (State ar place of v, incorporation} corporation, on behalf of the corporation. He/She is personally ?mown to me or has produced (type of identification} as identification and didldid not take an oath. ~~ °1 S~gfi tore ofN Lary Public - State of ~i' ._~- ~ ' ~ ~;~sr~3r:lission a~ [lt7&4164J ±{ iTAYi,~+il'~.;R~f. F.'r~:rk~;l7inyP2oi.k~;uranw.l~ ~a,KF~i7pi5 - xaum,~.::~..x::::~n~.ws=~:aw'+f~a,~m?cTa~'`r .,-: agt~sidewalk defenak agreemen# 3 IVIy eonamission expires: r' Print w c.y~ ~/~... ~~~ ~~ .. f .1 F-5 ~'.i ~~ ! ~~ Z ~ ~~ 'f _,,, ~- .. _. . _ ~:,,! J MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David Harden, City Manager DATE: January 29, 2008 SUB.TECT: AGh:NDA ITEM 8.C._- REGULAR.COMMISSIQNMFETING OF FEBRUARY 5, 2008 333 PALM TRAIL SIDEWALK DEFERRAL ITEM BEFORE COMMISSIQN Requesting approval of sidewalk deferrat request for 333 Palm Trail. BACKGROUND This is a single family residential lot located at 333- Palm Trail. Other than on NE 7th Avenue this neighborhood has not been actively installing sidewalks and I do not see sidewalks being installed in the near future. RECOMMENDATION Approval of sidewalk deferral. ~~--~ ^~ W °~ ~~4"~'T ~^ :. ~ ~ ~~~ `~ ~~~~~ -~ ~'~-.. ~ W ^r~n w . fem. .c~. ~, ' ~. gg 1i.. j ~ k `L r M M ~,~g~ ~ . ti ~, „' ~~ ~ 'i r~ V U f0 N m m N O O N N Prepared By:. RETURN TO: R. Brian Shutt, Esq. City Attorney's Ofl"ice 260 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FQR SIDEWALK IlVIPR4VEMENTS THIS AGREEMENT entered into this _~ day of u~/c.a ,~ 200 between the City of Delray Beach (hereinafter the City) and ~p r-r r C {hereinafter the Owners}, for the purpose of watrnng the requirement of the installation of a sidewalk along /~a.~,7.r ~r~~ l until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6,13{C} requires the installation of a sidewalk, within the - right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, VVI~REAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1){b); and, WHEREAS, in order to provide conformity along the street the Gity Commission voted to waive the requirement for the installation of a sidewalk until such tinge as the City requests the Owner construct the sidewalk WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: l , The Owner agrees to constn-ct a sidewalk, at its sale cost and expense, along the right-of way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet al! of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of 4 „/v ttr ~_--___-, 2~OF" ATTEST; City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to form and sufficiency: City Attorney WITNESSES 2 Mayor OWNER: B Y ~~ Ac ~ / N {Please type r print name) (Please type or print Warne) STATE OF , ~~ COUNTY Qp' ~ The foregoing instrument was acknowledged before me this / G day of a ~,~~,~W~ 200 by ~r4 , y ~ ~ ~riv {name of officer or agent), of ,~ ~aYe~_ (name of corporation}, a ~C {State or place of incorporation) corporation, on behalf of the corporation. HepShe is personally known to me or has produced ~. r. ,~ {type of identification) as identification and did/did not take an oath. ~ /fir-/o ~ ~ ~ e?f f~ o `,~. = ~ G l.~ignature of Notary Public - State of ~ fL {SEAL) a°SPR;?°s~` LAURIEE.+i(JDRtGl~1 k ~ h~Y COI~+E1S51pH ~ pp y2,4i53 EXPIRES; November B, 24?t 1 ~~+'goFF~o~`A~ bsnrJpdThroButlgelNoiatySel'vkas agt~side~valk defecraE agreement MEMQRANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager THROUGH: David T. Harden, City Manager Richard C. Hasko, Environmental Services Director DATE: January 29, 200$ SUBJECT: AGENDA ITEM S.D. -REGULAR COMMISSION MEETING OF FF,BKUARY 5, 2008 CONTRACT ADDITION ECHANGE ORDER NO. 1/ BSA CORPOKATION ITEM BEFORE COMMISSION This item is before the Commission to consider approval of a Contract Addition (Change Order #1) to the City Hall Interior Renovations Phase I Project No. 2006-058 to BSA Corporation in the amount of $684,783.00 for the IT Remote Building Project No. 2007-001. Proposal attached hereto as Exhibit "A". BACKGROUND The proposed Information Technology Remote Building (IT) consists of the construction of a new 4,000 square foot facility to house the City's computer system and information technology staff. The building is proposed to be constructed adjacent to the existing north wing of City Hall and the design will continue the aesthetics of the City Hall Complex. Location map attached hereto. During the design review process options with respect to methods of construction were explored including the modular building concept. The Royal Concrete Concepts (RCC) modular proposal for the building only (excluding site work) is $616,758. BSA Corporation provided a comparative cost for the same scope using traditional block construction for $581,398, and a turnkey proposal for the entire project scope of $684,783. Alternatively, BSA acting as GC and using the RCC building would result in a total project cost of $725,144. The BSA traditional construction proposal is the most advantageous with regards to costs, construction lead time, and design criteria. Computer and audio visual hardware totaling an estimated $370,000.00 dollars are not included and an additional agenda item for said equipment will be provided by the IT Department. Staff recommends award of this Contract Addition CIO #1 to B5A Corporation as it will insure the high level of continuity needed with the complicated logistical tasks expected during the renovations to the City Hall North Wing and the construction of the new IT Building. FUh[DING SOURCE Funding is from account #334-6112-519-62.85 (General Construction Fund/Other Gen Govt. Services/City Hall Expansion-IT Building). RECOMMENDATION Staff recommends approval of a Contract Addition {Change Order #1) to the City Hail Interior Renovations Project No. 2006-058 to BSA Corporation in the amount of $684,783.00 for the IT Remote Building Project No. 2007-001. D Q1 E Q V :V S 0 N 01 N Di Qy I O z O F Q J Q 2 U ~': i f ('- } ~ ' i 1 ~ i ,y . I t € 1 Z a ! ~• .-z Lit E l ~ is ~'i- -~ i i( ~ .~ ~ E i _._. . .d i S l f ~~~ e - ~ a - ' t..._....._..~...._. . _,..,., _ '. ~ ~ ~t } ~ ~ '.s a=r' ~ 4 .-_.. ' V ~~ ~ ~ 1 .._.. ..__.- ~ t i ~ s ~ ~ ~ ~ t .., .., ~ ~ ti ~ I , ~ riz ~; _...~... ~ ~ . 3 ~ „s O ~" d ~ I i - ...: ...,, ~ ~ t. ~ ~ ~ _ ~ E _ , ,w._ ri ~ E ~ i ' ~ ,j ~ ~ - r F yid . y ~ .._..~,.....,..,....-M __.- _ . C ~ ~T _ATLAN V~ ..~ ~. T. ~__., W'EST ATLANTIC AVE r~ ~ --- __~ °_. _ _, } .~-, ._ .. .- ,, ~~ ~ ~ ~~ ~ t z i t ~ ,, . ..a ......, ~ ~ ~ ~ r.~~ ~ ACH CITY HALL ~~ onre:ai/~s/zobe . , , ~. , CITY of DELRAY BE ~ ~ ' ENVIRONMENTAL SERVICES DEPARTMF_NT L.OCATIQN MAP an ""'` L0°""P t34 84U'iF! BWNTON AV@4UE, D~HAY BEACF~ R.QF~A 33444 2b07-001 ~ QI• 1 ~ c: i :-.- BSA CONS RUCOON MANOAGRS CQk~PQKATIOn` January 77, 2008 Mr. Bab Diaz Construction Manager City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 RE: tnformation Technology Facility IT BUILDING AND SITE WORK Dear Bob, We propose to furnish all labor and material to construct the above reference project consisting of site preparations and improvements outlined below far the lump sum amount of: Six Hundred Eighfy Four Ttaousand Seven Hundred Eighfy 7"hree Dollars... ($684, 783.00) This proposal is based on bid documents CS-1, SP-1, A-1.0, A-1.1, A-2.0, A-3A, A-4.0, A-5.0, S- 1.0, S-2.0, E-1.0, E-2.0, M-1.0, MP-1.0 da#ed 7125107, as qualified and clarified below. Scope of Work: Division i-General Requirements We include the foilowing allowances: landscape 8 Irrigation related work $5000 Labor, material, and tax Door Hardware $2700 Material and tax Division 2~Sitework 1. We include the new generator enclosure, and assume the detail noted as "dumps#er enclosure" is actually for the generator enclosure. Bollards inside the enclosure are excluded. 2. We assume normal vibratory compaction will attain sui#able soil densities. 3. We exclude cost of soil testing. 4. We exciude work necessitated by concealed conditions. Division 3-Concrete 1. We exclude cost of concrete testing. 4 Northeast Second Street Delray Beach, FL 33444 56 i .272.6350 561.272.7440 fax Division 5-Metals 1. We exclude cable trays. Division 6--Woad & Plastics 1. We exclude wood base where wood base is indicated. As directed by architect, vinyl base _, shall be used. Divislon 8-Doors 8 Windows 1. We include storefront doors & windows, Arch 3000 series. Doors to have standard push- pull hardware and surface mounted overhead closers. 2, We exclude frosted finish on glass as directed by architect. 3. We include a flush hollow metal door for door mark #2 located at-the west elevation of the building as directed by architect. 4. We include paint grade wood doors where wood doors are indicated. 5. We include one hour fire rated doors for the Tank Storage Room 127, Electric Room 126, and West Vestibule (no room number shown on drawing), and B label doors at Computer Room 106 as directed by architect. No other fire rated doors are included. Division 9-Finishes 1. We include the following paint specifications' Drywall walls -one coat primer, two coat finish, flat latex; stucco surfaces -- one coat masonry sealer -- two coat exterior acrylic latex; wood surfaces. one coat primer, two coats exterior satin enamel paint. 2. We include one-hour fire rated walls for the Tank Storage Room 127, Electric Room 126, and West Vestibule (no room number shown on drawing), and two hour masonry walls at Computer Raom 106 as direc#ed by architect. No other fire rated walls are included. Nate that the glass opening wi#hin the two hour wall is not fire rated, and is assumed to be %" tempered glass. 3. We include vinyl flooring by Armstrong, "standard excelon" or equal. 4. We include Armstrong 704 acoustic ceiling file ins#alled in white 15116" steel grid. 5. We include conventionally framed and finished 6' high drywall partitions for partitions noted as "System Furnishs by Owner" as directed by architect. 6. We include 3.5" Batt insulation in all full height partitions as directed by architect. 7. We include attic venting as directed by architect. Ven#s shall be similar to 6"x24" aluminum vents, count to meet code requirements. 8. We include carpet equal to Shaw Contract, Ripple #50881, 28 oz, glue dawn as directed by architect. 9. We include ceramic file equal to Dal Tile Pietre Vecchie glazed porcelain PV 03 Warm Walnut, 20"x20" x 318" as directed by architect. Tile shall be thin-set and installed with #ight grout joint (118" to'/"}. 10. We include 71$" metal hi hat furring at typical exterior walls. Division 7 5-Mechanical Page 2 of 4 Mr. Bob Diaz January 17, 240$ Page 3 of 4 IT BUILDING AND SITE WORK 7. We exclude any work related to LP or natural gas (noted to be required on CS-1, but not applicable to this project). 2. We assume wa#er is available adjacent to the building where indicated on SP-1. We have not included costs that may be required if lines must be extended or if patching is required to accommodate tie-ins. 3. We exclude fire sprinkler systems (none found}. 4. We exclude cost of independent test and balance of HVAC system. HVAC subcontractor shat[ perform balancing as directed by architect. 5. We include the installation of one 8" pvc sewer lateral from the sewer main located west of NW 2 Avenue, extending eastward to the building. Division 16-Electrical 1. We exclude electrical provisions farfuture phone, cable, and fiber services as directed by architect. 2. We include a frre alarm system and an aluminum lightning protection system. 3. We include new empty conduits as indicated to tie into the empty conduits left outside the city hall building under separate contract. We have reduced the conduit count shown in the City Hall North Wing drawings to match the conduit count required by the IT building drawings (4-4" conduits}. Includes removal and replacement of approximately 2D' of existing sidewalk to accommodate this work. 4. We include use of electrical ma#eriais and methods for the electrical service, feeders, and branch wiring as allowed by the Netionai Electrical Code and the City of Delray Beach inspection authority. 5. We exclude the emergency power-ofF #ie in fvr the fire suppression system, i# required. 6. We exclude receiving, supplying, and installing the generator and accessories, fuel #ank & fuel. 7. We exclude receiving and supplying the transfer switch far the generator, however we will install it. 8. We exclude work related to the APC Electrical installation of UPS, APC electrical and mechanical installation related to two APC Inrow AIC units, APC Fire Supression with Installation, APC Infrastructure package as well as provisions such as duct detectors, shut- downs, dampers, and venting that may be required for the units. 9. We exclude phone, data, and cable wiring and terminations. Conduit will be provided, stubbed to accessible ceiling space. 4"x 4n junction box with a 2-gang mudring will be provided. 10. We exclude costs associated with modifications to the existing site lighting fixtures, conduit, and wiring, should it interfere with the proposed construction. 11. As directed by architect, we include a convenience receptacle at the generator enclosure. 12. We include installation of electrica! service conduits and conductors as specified from mater can to a FPl_ provided hand hole to be located west of the building in the utili#y easement by the street. The conduit and conductors shall not exceed 1D0' in length. Electrical conduits to be installed in the same trench as the new sewer pipe. Page 3 of 4 Mr: Bob Diaz January 17, 2008 Page 4 of 4 IT BUILDING AND SITE WORK 13. We include electrical feeder conduits and conductors as specified from 5' outside of the building to the generator. The generator is to be located on the north side of the building at the west corner. The conduit and conductors shall not exceed 5©' in length. Connect to the generator after the generator is set in place and fastened down by others. Extend 3/" conduit and install 4-#14 conductors and connection to the generator and ATS for control wiring. Extend 3/" conduit and install 5-#12 conductors and connection to the generator and at Panel "A" for the battery charger and block heater. 14. We include relocation of the existing junction box feeding the site lighting that is poured into the exis#ing sidewalk adjacent to the North Wing designated to remain, This task includes re-pulling the conductors from the junction box to the parking lot light junction box on the north side of the new IT building, and includes removal and replacement of 5' of existing sidewalk necessary for this work. Division 77--0ther 1. We exclude cost of permits and impact fees, utility company connection fees & deposits. 2. We exclude cost of builder's risk insurance. 3. We exclude cost of temporary electric and water consumption during construction. 4. We assume owner will coordinate its third par#y vendors so that the construction work under BSA's scope of work may continue uninterrupted and without delay. Thank you for the opportunity to submit this proposal Sincerely yours, ~ .y..._.~~~ t.. t.- t.. Bill Branning President CGCA22739 It shaft remain in effect for 30 days. ....._........W-{ { t Page 4 ofi 4 ,~ MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 24, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR. COMMISSION MEETING OF FEBRUARY 5, 20fl8 CONTRACT CLOSEOUT/FINAL PAYMENT/BRIGGS GOLD CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout and final payment in the amount of $9,678.00 to Briggs Golf Construction, Inc. for completion of the Pompey Park Major League Field Sod Replacement Project #2007-O1$. BACKGROUND There are no changes to the original contract amount. A closeout spreadsheet is attached for your reference. The project is complete and ail closeout documentation has been received. FUNDING SOURCE Funding available from 334-4127-572-63.90. RECOMMENDATION Staff recommends approval of a Contract Closeout and final payment in the amount of $9,678.00 to Briggs Golf Construction, Inc. for completion of the Pompey Park Major League Field Sod Replacement Project. CONTRACT CLOSEOUT SPREADSHEET BRIGGS GOLF CONSTRUCTION, INC. POMPEI' PAllK MAJOR LRAGUE FIELD SOD RF.PLACElV1ENT PIN 2U07-018 CONTRACT'!'O DA'!'E ACTUAL QTY, UNIT' PRICE EXTCNDEU TOTAL PRICE QUANT ADJ.+/- t 43,040.OU 53,000.00 50.60 1 $14.576.4p S1D,Sa6.Q4 Eo,Go 1 538,594.00 538,594.00 54.00 10040 S2 43 S`24,3D0_fN] 50.00 3.4900 52.00 b20,000,OD $0.04 I 5304.OD S30C.W 50.40 ] S10AG SID,00 SOHO TOTAL ORIGINAL CONTRACT AWARD $'96,780.0© 596,780.0[f 56.00 Original Contract Award g96,7S0.00 Previously Approved Ghanges 50.00 Total AwardlApproved to Date 596,780.00 Final GOntraCt to Dais $96,780.00 Ci-1ANGE AMOUNT $o.ao S:IEngAdminlProEects120i3712007-01810FFICIAL1Briggs Gofl Cons) Closeout S{xeadshee! GC 02p508.xis MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician THROUGH: David T. Harden, City Manager Richard C. Hasko, Environmental Services Director DATE: January 31, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COM_ MISSION. MEETING OF_ FEBRUARY 5, 2008 CONTRACT CLOSEOU'r/FiNAL PAYMENT/CHAZ EQUIPMENT COMPANY, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout and final payment in the amount of $47,332.70 to Chaz Equipment Company, lnc. for completion of the S.E./N.E. 1st Street One Way Pair Project #2004-006. BACKGROUND The project scope consisted of converting SEINE 1st Streets, between Swinton Avenue and northbound US, from ane-way streets to two-way. This project also included the installation of drainage, $-inch water main, pavement milling and resurfacing, concrete curb and gutter, concrete driveway aprons, concrete sidewalk, irrigation, landscaping and. sodding. The Community Redevelopment Agency {CRA) contributed to this project. On June 4, 2007, Commission approved Change Order No. 4. There have been no changes to the contract amount since Change Order Na. 4 was approved. A Contract Closeout/Fina1 Quantities spreadsheet is attached for your reference. The project is complete and all closeout documentation has been received. FUNDING SOURCE Funding is available from #448-5461-538-65.88 (Storm Water Utility FundlOther Improvements/SEINE 1st St. One Way Pair} and #334-3162-541-65.88 {General Construction FundlCapital Outlay/SEINE 1st Street One Way Pair). RECOMMENDATION Staff recommends approval of a Contract Closeout and final payment in the amount of $47,332.70 to Chaz Equipment Company, Inc. for completion of the S.E./N.E. One Way Pair Project. CpNTRACT CLOSEOIiTlF'INAI- QUANTITITrS 5PRIrADSHEET CfIAZ CONSTRUCTION, INC. S.E. IN.E. tST STRTET -ONE-WAY PACK P!N 2004-006 Contract Award Contract fa Date Item No. DESCRIPTION UNMT EST LtUAN. UNIT PRICE Extended Price Actual Rty Actual Unit Price Extended Actual Price Quantities Adjustment 1 I o~i rzalFOn LS 1 $70,DD0.00 $74,OOn.04 1 $70,DOO.DO 7D,000.00 $ - 2 Maintenance raffic L5 1 $25,RD0.00 $25,000.00 1 $25,DD0.00 25,DOD.00 $ - 3 tearing & Grubbing LS ? 550,004.00 $SO.GOO.DO t $50 ODO.btl 50,000.00 $ - q renc a ety ompliance LF 458 a1.C0 $458.DC 744 $1.DC 744.04 $ (286.00) 5 emove o xist. avemen Scarifying Base LS 1 $20,000,00 $20,DOO.DO 1 $2n,00D.D0 zD,aaa.oD $ - B emove oS Existing Sioewalk LS 1 $30.OOD,OD S30.OOD.DO 1 530,000.06 30,DD0.00 $ - 7 Milisny (1"Asphalt SY 6,133 $3.46 $18,399.00 750 $3.00 2,250.00 $ #6,149A0 Final Lift Milljng Existing Asphalt SY - $O.DO 50n $24.2D 12,tp0.D0 $ {12,100.00) 8 1 tabilized ubgratle 5Y t,512 $21.00 $31,752.00 44E13 $21.00 92.463.46 $ (60;711.00) g 8" Limerock Base SY 2,DOt 525.00 $52,904.00 3018 526.x0 76,468.00 $ (26,3fi4.00 10 ype -I I Asphaltic Concrete (1' Lfft} SY 12,022 55.00 $60,110.00 n $S.OC 0.00 $ 68,110.00 inat i 1 'type -ill verlay SY - - $0.00 12000 $7.90 94,8DDA0 S [94,8DO.Q0 11 ype S-lll Asphaltic Concrele (314" Litt) SY 2,004 $4.30 $8,617.20 3018 $7.75 23,389.50 $ (14,772.30) 12 ype Aspha tlc ontrete Overbuild TONS 187 $100.00 $18,70D.OD 80 $165.00 13,200.00 $ 5,5E1D.OD TONS - - $O.Op 50 $192.50 9,625.D0 $ (9,625.00) inai Lift emporary triping Tape Allowance LS - - $0.00 t $5,000.D0 5.000.00 $ (5,D00.00 Z3 avemen! Restoration SY 406 $75.06 $30,45R.D0 1582 $Bn.00 126,560.OD $ (96,110.D0 iq uncrete urb alter ~ LF 4,626 $18-5D $85.618.00 5027 $18.50 92,999,50 $ (7,381.50) 15 4~ -t~lek ^ntrece 5idewaf€c Construction SF 15,993 54.75 $75.966.75 13969 $4.75 66,352.75 5 9,814.00 16 x:k oncrete itlewalk Construction SF 1,334 520.D0 $22,680.00 6389 $20.00 127,780-DO $ (105,100.OD) 17 reinage trucWre J-9 EA B $S,DDO.DO $4D,n00.00 2 $5,ODO.DO #0.060.D0 $ 30,600.00 18 reinage Structure an ho EA 4 $4,004.00 $18,000.04 6.5 $4,000.00 2fi,000.D0 S (10,0OO.OD 19 Drainage tructure P-9 EA 22 $4,000.00 $88,D00.00 20.5 $4,000.00 82,OOD.00 $ 8.000.00 20 emove xisting reinage Structure EA 5 $1,000.OD SS,OQO.OD 3 $'f.000.D0 3,OOfl.00 ~ 2,DOD.00 21 t xisting ra~nage Structure EA 3 $3,000.00 $9,000.00 4 $3,flOD.OD 12,000.00 $ (3,D00.06) 22 Marthaie- ype -7 artial EA 10 $2,500.00 $25,OOOAO 14 $2,540.00 35,000.00 $ 10,000.06 23 }ust rm v ra e EA 15 $5DO.n0 $7,5DD.00 15 $500.00 7,500.D0 $ - 24 oncrete Gollar EA 9 $2:000.00 $18,D40,Op 12 $2,{100.00 24,000.00 ~$ {6.D00.00) 25 16 einfarce oncreie Pipe LF 343 $85.00 $29,155-00 744 $85.D0 63.240.RD $ 34,085.00 26 .I. ater am LF 40 $115A0 $4,60D.D0 20 $115.D4 2,3DD.00 $ 2,300.00 27 C3..P WaterPAaln LF 75 $95.Of1 $7,425.00 45 $95.00 4,275.00 $ 2,85fl.00 28 Fie-locate Existing Fire Hydrant EA 4 $2,5RD.DD $1D.940-00 2 $2,540.D0 S.DD4.0D $ 5,000.00 29 ate Valve insta{ed EA 2 $1,050.00 $2,100.00 # $1,050.00 1,D50.00 $ 1,050-00 3p eta aloe instalie EA 0 $1,250.00 5D.D0 0 $1,250.60 0.00 $ 3t Uate a ve emove EA 2 $300.00 $500.00 0 5300.00 0.00 $ 600.00 32 x apping leave an Valve EA 0 $4,800.00 $0.00 D $4,800.00 0.04 $ - 33 eset aloe ox an over EA 14 $306.00 $4,2D0.00 a $3nn.DO 0.00 $ 4,200.00 34 Relocate Vault Box EA 1 $6,000.DO $B OOD.00 D $6,DOO.DO O.DO $ 6,D04.D0 35 ample Point EA D $450.00 $0.00 0 $450.OD 0.00 $ - 36 irrigation Syslem ncluding: A I Contluits, Sprinkler Heads, and Fixtures LS 1 $46,000.04 $46,fl00.00 1 $46,040,04 46,000.40 $ - 37 onocarpuserectus' enceus' Silver Buttonwood B&B, 12' HT x 6' SPR, sfandartl, 6 CT. EA 9 $37G.00 $3.330.OD 9 $37D.60 3,330.00 $ - 38 enna surattensis Glaucous Cassia B&t3, 10-12' HT., 6'CT. EA 7 $445.00 $3,ti5.DD 7 $445-00 3,115.00 $ - 39 hrlrtax radials hatch Palrn B&B, iD' O.A.H., 6' C.T. EA t3 $1,055.00 $13,715.00 13 $1,055.00 13,715.60 $ - 4p Altamanda schottll Bush Atkamanda #3, 24^ x 2A", 24" oc- EA 119 $tO.OD $1,190.00 119 510.00 1,190.00 $ - 41 Fecus m!crocarpa Green Is and' Green Island Ficus #3, 16` x 16", 18" OG. EA 3q $13.50 $459.00 34 $13.50 459.D0 $ - S:~EngAdminlProjects1206412p04-0061pF'FICtAS.lGloseout Spreadsheet Chaz GC 0205t)B.xls Page 1 r`n,Mr~r4 dwarri r:nrlSYAf.I fn HASP. item No DESCRIA7tON UNiF EST QUAN. UN1T PRlC@ Extended Price Actual Qty Actual Unit Priee Extended Actua[ Quantities . Price AdJustment Philodendron 'Xanad u' Xanadu philodendron tl3, t6" x.16". 24' 42 OC. EA 701 $15.50 $1.565.50 101 $45.50 1,Sfi5.50 $ - Raphiolepis indite Indian 43 Hawthorn #3, 18" x 18". 24" OC. EA 54 $11.00 5594.00 54 $11.00 594.00 $ - Jasminum volubite Wax 44 Jasmine #3, 24" x 24", 24^ OC. EA 85 $10-00 5650.00 85 $1D.OD 850.OG $ - Asparagus densiflorus 'Myers' Foxtall Fem r}t, t2' HT., lull, 12" 45 O~C cA 486 $5.25 $2,551.50 48fi $5.25 2,S51,SD $ - uphorbia milii'Rosy Red' Dwa. Crown of Thorns #1, 10" - 12", 46 Z2" O.C. EA 845 $4,25 $3,531.25 645 $4.25 3,591.25 $ - €nope muscari'Evergreen Giant' Grant Lily'F Urt #1, 10' - 72" 47 spr„ 12" O.C. EA 790 $3.75 $2,962.50 790 $3.75 2,962,50 $ - A8 Pavement Marking & Signage LS 1 $23,OpD.60 523,000.00 1 $5,00D.00 5,040.00 $ 18.OOO.DO 49 Utility Allowance LS 1 $tD,600.04 $10,004.00 0.5955 $10,DOO.Dfl 5.955.00 $ 4,045.00 50 €de^ liowanca LS ? 51,250.D0 $3,250.04 1 $1,25D.00 t,25fl.00 $ 51 indemnification LS t $1D.Oq $10.00 1 $10,00 10.00 $ - brick Pavers (new construction] Eq p $0.00 50.00 1417 $10.00 14,170.00. $ (14,17D.00} Brick Pavers (remove and replace EA 0 $D.CO 50.00 563 $7.60 3,94'#.DD $ 3,949.04 DRiGINAL CDNTRAG7 AWARD $986 318.70 $1.326,346.50 ($340,027.60] ou a con u€ts Installation LS 7 $123,160.00 $123,180.00 1 $123,iD0.OD 723,180.00 $ - CO #2 Emergency Repair Lift Station #84' {see below) WaterMain Extension (NE 1st SUNE 3rd Ave} LS 1 $47,875.OD $47,875.00 Add'I work for FPL conduits, handholes for CO #1 work at Ofd School Square LS 1 $9fl,235.00 $10,235.00 1 $47,875.00 47,875.00 $ - 1 9;70,235.00 10,235.00 $ cD ors Total CD #4 Addilitlnal Work tte wired -Due to Unforeseen Utility Corriiicts General ContliiionslPaving LS - - $28 575.601 ~ $28,575.00 28,575.00 $ - Draina a LS - - 536 000.00 1 - 9i36,DD0.00 _ 36,000.00 $ " Water LS $5 625.00 1 55,625.00 - 5,625.00 $ Total Additional Work Required -Due to Unforseen Utility Conflicts 578,200.08 _ 576,200.00 50.08 Qnantities Adjustment from Change Order ho.4 ~ $340,OZ7,B0 5348,027.80 C6 #4 Total - Total AdditionaE Wnrk Required & Qnandlies Adj. $410,227.80 GRAND TOTALS (INCLUDING CO'S #1-#d) $1,577,756.50 51,577,756.5U $6.00 .~ "' CO #2 Emergency Repair to Lift Stat€on # 84 not added to this contract, separate PO issued Original Contract Award Previously Approved Changes Total AwardlApproved to Date Final Contract tp Date CHANGE AMOUNT S:1E ngA tlm ln1 P roJectst2Dp4l2004-pp6Y $98ti.31a.76 5591,437.80 $1,577,756.50 $7,577,756.50 ~Ei'IGIgLSGloseout Spreatlsireei ~haz GC D20508.x1s Page 2 iv` MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 25, 2008 SUBJECT: AGENDA ITEM S.G - REG'L3LAR COMMISSION MEETING OF kERRUARY 5, 2008 SERVICE AUTHORIZATION NO. U4-08.3/MATHEWS CONSULTING, iNC. ITEM BEFORE COMMISSION This item is before the Commission to approve Service Authorization No. 04-08.3 in the amount of $3{),582.00 to Mathews Consulting, Inc. far performing construction administration; specialty, substantial, and final inspections; review of as-built drawings; and coordination of Lake Worth Drainage District (LWDD) and Palm Beach County (PBC) certifications for the Area 4 Reclaimed Water System Project #2004-020.4. BACKGROUND The Area 4 Reclaimed Water System project continues with the construction of the reclaimed transmission system from Homewood Blvd at Linton Blvd south to the Delaire Golf Course. Service Authorization No. 04-08.3 includes coordination with the contractor during the construction of the project. The scope of services includes specialty inspections during key construction intervals, providing certifications to the Lake Worth Drainage District (LWDD) and Palm Beach County (PBC), Shop Drawing Review, and coordination with the Del Aire Golf Course and the City as required. FUNDING SOURCE Funding is available from 441-5181-536-65.96 (Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission) RECOMMENDATION Staff recommends approval of Service Authorization No. 04-08.3 in the amount of $30,582.00 to Mathews Consulting, Inc. for performing construction administration; specialty, substantial, and final inspections; review of as-built drawings; and coordination of Lake Worth Drainage District (LWDD) and Palm Beach County {PBC) certifications for the Area 4 Reclaimed Water System Project #2004- 020.4. CITY OP' DELRAY BEACH CONSULTING SERVICE AUTHORIZATION AMENDMENT N0.3 DATE: SERV1Ci AUTI-iOR1ZAT10N NO.Oy - 08.3 FOR CONSULTING SERVICES CITY P.O. NO. 634250 CITY EXPENSE CODE: 441-5I81-53C-G5.9b CITY PROJECT NO. 2004-020.4 MATHEWS CONSULT. PR07ECT NO. 1353 TITLE: Area 4 Reclaimed Water Project _ Additional Services This Amendnent No. 3 when executed, shall be incorporated in and shall become an integral part of Consulting Service Authorization No. 8. TITLE: Agreement for General Consulting Engineering~Services I. PROJECT DESCRIPTION Consultant has completed the design, permitting, and bidding services related to the Area 4 Reclaimed Water System. This Amendment No. 3 provides for construction administration services during the live (5} month construction tune-frame. II. SCOPE OF SERVICES Phase V -Construction Administration Phase Task 11- Preco~istruetiotr Cofxference Consultant shall attend a preconstruction conference with representatives of City, Contractors and major subcontractors for the construction contract. City shall prepare, in writing, minutes of conference. Task l.2 -Shop Drawing Review Receive, log, and review Shop Drawings and Product submittals for general conformance with the design intent and provisions of the Contract Documents. Review of up to 30 subnciittals (total, which includes submittals, and re-submittals, if required) is included in the budget. Consultant will review and return submittals to City and Contractoz within 14 days of receipt. SA#8 Amend ~3 Contract 01/15/08 Tusk 1.3 - Bi-Monthly Meetines Consultant shall attend bi-monthly construction progress (10} meetings to be held at the City of Delray Beach Utility Services Department. The City shall provide a written summary of the issues discussed. Task 1.4 - Canstruetinn Clari tcations Respond in writing to Coz>tractor's Request For Information (RFI} regarding the design documents. Consultant shall issue interpretations and clarifications of the Contract Dacurnents, along with associated support materials, as requested by the Contractor. These interpretations will be rendered and a response prepared and submitted to the Contractor within one week. Task 1. S -Coordination with City of Delrrrv Reach Consultant shall coordinate as required with the City of Delray Beach regarding construction of the project. We have budgeted 20 hours for this task. Task 1. b - Coordination with Del Aire Gol Course Consultant shall coordinate as required with the DeI Aire Golf Course. We have budgeted l 0 hours for this task. 'Task 1.7 -Construction Certifications COi~TSULTANT shall certify to the Lake Worth Drainage District {LWDD} based on the visible project features, City inspections and As-Built drawings, that the project in LWDD rights-af--ways was constructed in accordance with the plans and specifications submitted in the permit applications. CONSULTANT shall certify to Palm Beach County based on the visible project features, City inspections and As-Built drawings, that the project was constructed in accordance with the plans and speciftcatio~as submitted in the permit applications. Task 1.8 - ~~ecialty .Inspections Consultant shall provide specialty inspections of the project during key construction intervals, for the following: + Drawing C-l :Control Valve Vault and Stilling Well • Drawing G7: Aerial Canal Crossing • Drawing C-10: Meter Vault + Drawing C-18: Linton Boulevard Crossing We have budgeted 50 hours for this task. SA#S Amend #3 Contract 01/15/a8 2 Task. 1.9 - Su6sturtfirrl ar~d Final Inspection Consultant shall conduct a substantial and final inspection with the City's constructian management staff to detextnine if the project has been completed in accordance with the contract documents and if the construction contractor has fulfilled his obligations thereunder. A punch-list will be prepared for each inspection (substantial & final}. ASSUMPTIONS Work described herein is based upon the assumptions listed below. if conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. Services to be provided by the City and other related key assuaxtptiocrs include: 1. City shall provide full-time construction inspection services. 2. City shall review and. approve Contractor Pay Requests. ADDITIOl~'AL SERVICES Consultant shall provide additional engineering services related to the City's reclaimed water system that is not covered under this Service Authorization. These additional services may be regrired due to uncertainties discovered during implementation of the scope of services. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-ta-Proceed issued shall contain the following information and requirements. A detailed description of the work to be undertaken. A budget establishing the amount of the fee to be paid in accordance with the Agreement. A. time established for completion of the work, III. TIME OF PERFORMANCE "1`he completion dates for this work will be as follows (starting at written notice-to-proceed). Engineering Services Time. per Phase Cumulative Time Phase V _ Construction 5 months 5 months VL COMPENSATION The compensation for services provided shall be billed an an hotuly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment A far budget summary. En, gineerin~ Services Estimated Fees Phase V -Construction Phase `~ 29,782.00 Reianbursables ~ 800.00 TOTAL PROJECT COST S 3Q,582.00 SA#8 Amend ~i3 CantracE ol!IS/08 3 This service auth.oxization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as enco-rspassed by the previous service authorization. If the City in its solo discretion is wtsatisfied with the services provided in tl~e previous phase or service authorization, the City may terminate the contract without incurring any further liability. Tl~e CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract witltout a further notice to proceed. Approved by: CITY OF DFLRAY BEACH: CONSULTANT: 1.4athews Consulting;, Inc. Date Date ~~±- • 1 ~ . 2 ~~ s Lev` By: Name David L. Mathews, P.E., Vice President (5ea.1) G~t~ Title Witne~ss -/~' Witness Attest: Attest: _..._--_-- -... Approved as to Legal Sufficiency and Form B:E)~ORB 1vlE, the foregoing instrument, this ~~y day of ~ >~~,~'.~' 008, was acknowledged by Date d L. Mathews on behalf of'the Corporatioza and said person executed the same free and voluntarily for tlae purpose there-in expressed. Witness my hand and seal in the County and -Late aforesaid this -' ~ ~`~'" day of J~,~tIG~~~' , 2008. Notary Public State of Florida My Commission Expires: Nancy AmtslrOn~ ;~}~''°: ~ comm~~o~+ txrzoa~oa ` w w ors: rer~~a~y 2s, zoos SA#8 Amend #3 Contract 01/15/08 4 .'~ ~W 3 d] Q s ^,~ W ~ ~ ~ ~ w E s ~ ~ ~n U i '~ Qs ~ ~ z ~ ~ ~ Q ~ Q m q A c U ~ .~] ~ ~ ~ ! k I t ~ ~F i i i I .~ 7 ~ ~ O ~ i ( I ~ ~ I l '', ~ I ~ U I ~ I ~ I ~ ~~ ~9 O + ~ I I pl~ '~ ~ Q;~ ~ ~ N 'COIN CP'~ N ~~r a6l W ~. I V ; ~ l N 1 W ~ ~ I ~ ~.V iN N .mom+N~~ NI 1NJ ~ I '~.EREA 696969IfH Vi:ffll _k/31 ~ I W I '. '. ~a lii~.,;','j f'~~, ,~,fo:~I I,I~ O N N ~ N ! N f N c~ «~ 1 I I ~ ! ~ ~ I I ! I ~' I I 4 ° ~ ~'° ~ i ~„ I ~ I ~ I ICI iI1 '~I°I ~ i l ~ '' o~ il ii ~lii ~~~ il, E O = I ~ I '~ c o m~ ~ f i I ~ I I ~~ o , i t ' I~ o I o fA~~~ I I II~ f I hl I i ~ ~ ~ I I I ~- l l ~ l ~ ca i I I ~ l I I I U o o~ U N , E ~ i ~ ~ { ~ i~.pt .!I'll C I 31J 13tti ~ G M { 1 i I i ~ I I ri9~ _ C I ; ~ ~ I ...7 U 1 ~ 4 ` I f '. I ~I 'I 3 ~ O ~I f~ I I c4 ~ i lij °i i ~°~~~~ il~ l p w~ ~ ~ ~ E o a> o ~ o c c ~ i ~ ' ~ l ~ ! 1 ~i NI , Ol~fry I,~~f ~~ I E rn I I ~~INI ~, _ 1 m 'rn ~ ~ ~ ~ f ~>~~ f ~ I~ ', ~ C I I ~'j I I E ~ R v a -~ ~ E I f l i ! M' o~ o ~. ~ ~:~: MI lm 1 j o~ l~,lm ~ ~,~I o ~:Q o ri ' ~ M fI O I . I 1 E I U ~ I I ", I l l ~ ~~ k I I I I i ~ ~ ~ '', I i S m ~ ~, f m+ ~ ' I~ ~~, I I ~~ ~ Ifs ~ I f I 11 I 1 ! ~ + I ~- I I ' l I N, I ~~~ I i ~I , 1 i= I m o;a i ~ f iQi p~ T ~~}7i Ci I E !! I f u' I I I { I ~ lN; ~ ~~ :rol~~ ~ ~ '~I ; i i I ~Im ¢'~! ~ I I I Itr°- °' I ~c { UIiU tUi ~ I ~ C N NI Vi~ ~ N ~ rn R.!y ,~: ro rof ~~j j I ~~ ~ ~ =IU I I f~~ p y ~ Q e. m ; ,~1 Ui3i31U ~ c, ~ I i C m mU c c;,m ~ ~ .~ o UI ~I I c c c c c m ' 0 0 0,0 ~i € , ro o o~~ '~ I `6 ~~.~ 3 :a O ~ N G]l 1 (n U1. C Q U y N i6 C ~ ~ IA V Q. p !/s,~s't~ 'O! ~! N ,~I n~ ~ o ,~ d ~I~f . O O q' O: O U U. U ~. i~j~~~ 91~'~ N m r ~ .O ~'_;oolo o`ml~! U~.,~im,~~~lU~~ rn rolro 10 ~Ic m: ~J~ ~~~ I l i_ i- ~ I i I I I ~` 1~~ ', ~ ` N t ' a I I ~ ~ I i I I I i ~ I ~ I f i i l~ j U C O1 C N C O N N N MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 25, 2D08 SUBJECT: AGENDA ITEM 8.H -REGULAR COMMISSION MEETING OF FEBRUARY 5, 2008 SERVICE AUTHORIZATION N0.04-091CH2M HILL, INC. ITEM BEFORE COMMISSION Service Authorization #04-09 to CH2M Hill, Inc. in the amount of $89,309.00 for professional engineering services in the design of a new 40' diameter lime sludge thickener unit and associated civil site improvements required in accommodating this new unit. BACKGROUND The Water Treatment Plant (WTP) currently has two circular sludge thickener tank units located at the southwest area of the WTP property. They are used for settling the solids out of the sludge from the chemical treatment units. The plant was originally designed and built with two thickener units under the lime expansion project (1992). Lime {as calcium oxide) is added to the raw water to reduce the hardness quality of the water; it raises the pH to allow calcium removal. For every pound of lime added, an additional pound of calcium is removed (in the form of calcium carbonate). One sludge thickener unit was sufficient far this process. In 2002, the plant began using ferric chloride for enhanced coagulation. Using ferric chloride, more organics are removed and color quality improved, however, this enhanced coagulation process removes more calcium. For every pound of lime added, two to three additional pounds of calcium is removed from the water. With this current process, both units are used to their full capacity. The proposed third unit is needed so that one of the existing units can be taken off line for routine maintenance or the event of a mechanical failure. Services under this authorization include Task 1 -Preliminary Design ($17,454); Task 2 -Final Design, including construction cost estimate ($58,591 }; Task 3 -Permitting Assistance ($6,670}; and Task 4 -Bidding Services, to include bid evaluation ($6,595). Total cost for Service Authorization #04- 09 is $$9,309. This fee represents 9.4°Io of the estimated construction cost of $950,000. FUNDING SOU..R_CE Funding is available from account #441-5161-536-68.43, Water & Sewer Fund/Sludge Thickener. RECOMMENDATIQN Staff recommends approval of Service Authorization #04-D9 to CH2M Hill, Inc. in the amount of $89,3D9.DD for professional services relating to the design of an additional Lime Sludge Thickener Unit., PIN 2DD8-002. S~rvi~~ ~4uth~riz~ti~rt No. ~4-~~ t~ the ~4~re~m~nfi t~ ~uni~h ~rvf~~~i~a~# ei"vi~c~ ~~t~~ ~~ril 2~, ~~~~, E3~~~~n ~h~ ~~t~ ~f D~~if~ B~~~h, Fl~r~~ ~n~ H2~ HILL, li~~~ pity ~.~, l~um~er: ___.__.PP_.--..~.__..~.~~ ...,,.___--_ C~iy Praje~t t~a~mb~ Tide: Sludge Thickener i?esic~n, Perrnitt~g and Bidding Category ~ Work: Engineering Design ~enerei hiti {~f?h~[{ ~~~; ~[ ~'t°l ~(.}~i~~,~~ 1O~~ ~l~x~ti rx,i#y the> ~ars~ft~~si~~?E~~tl .~~;r~=itc35 ra~;r~~~n~~nt rt•'c~~,~rs~~Y~cl ~-~l~e.a~,°~ r-~n~ s~7.a~~ t~c~ct~rx,~ pert c>f float ~(.7PL~I=t~t1"N`E"~~ it" 4~~ritE~,~ t'h~,~~ in ~'tal1. ~'h~~n~~s i~~ tl~e i,~di°at~~i `ycc~~s~ cat ~~r~;i~~~~: ~a~~ill ~~~ ;~u~j~~t #e~a°a;,ncx~~~~tnat~i~~n ~n~ i.r~1c~~~tYtc~~ tl~rni,~,h tin .Ornc•t~dn~~r~t try this ~l~rc~ti~cYtcrnt lntrp~ucti~n ~aGr ~'.,"i~~ z>~ t~la-~v C~~~cl~ 1,~tTY~ lr~s ~il~~~rt~.~~ CI I"t~'l l~il_.1., (~"~'iNSl,3~~,T~11~T~ tcti dpi ~tc7~ ~ ~c~:~~~r~ ~~l ~,~-ie~s ~r~r. d~si~~, ~c~rn^..ittin~;, ~n~-l hi~~i.n~; tear n ai~v.~ 1tm~ s1u~~~;~ ~;~'~~=its ih~4: kFanc~r al thz ~:a~,°'s ~+.~~t~r Er~~~tn~c~rat ~l~°~nt. h'+ c7dc~Eiiic„~t, ~~iti°ilj~ik~ c~~~i,~~.riat~; +~il~ ist_.h,c~e ~tE~rn~~>~.~t~r,~~~`~~~e~c~rit.~~'a~ ~xi-~it~ r~~~~i n~~c°lil~ic;~ti~,7h. ~I"~~ sct~p~ ref ;~eruic~s~ is ~I~scx~t~~i ~r~i~i~ an~~ ~r?zlsi~t~ ~t tic' ~<~lltwrit~~; t~sk~: Task 3, F'~~rr~tittit'~~ ~ssist~~ce T~a~~ ~. L~icidir~~ ~r~i~~s Tank 1 pral~minary t~sign St~btasi~ 1.1 PrQ}ect tticlc~ff Meeting and Site 1li~1 !~ iarn~~c~ k.ick~~ff razFre~tin~ wilt lay h~1R-~ tom: ~~ t.l-,~ ~r~,~:ct t~~rt.~ .a~r-~~nb~r~, ir,cl~,c~t~~; ~°`~T`t"r; I'~E,j~rri ~$~~n~~~~:r :,nil ~:'l.'t 1°" st~sff, tl~~ ~"~~~.°~;~i1~ 1LTr~:~T`~ ~;r[~~j~tt n'~an~~~r, t~4k ~~ac~e>r;;, ~~~°i kw }~,•u~~ ct tet-tmi ,~a~:,~~l~~rs, r~nct ~th~~~ ~~s =at.~~r~priti~te. `i~f~c: ~ae,-pc~~~ c,#~ this ~~-u~~~ti~~~ is tca i~~,t~~~ztl~i~~ ~"l°l`Y ~~z~ct CC)~f~~ L'T,~,~°T` 1,~~~~j~~a 5i~f fa ~`€~a~°l t~~ ~iS~;~Fss <~ t:~as°~~~ ~,if t~~~~ie~< ia~~:]~~iri~ ~a~i# r,at li,nit~°~ to ttt~ t~lt~3~ti~°~~;: • "I~~~ ;arcyj~~c~t ~yc3t3t ~I~~~ ~~n~ ~;ch€~~#~i~~~ • Tk~arn r~~r~n~hr~~.rs° r€~lc.~~, • ii1 ~>r~n<'~tic~tt res.~iaixe~~ f~:.,xi~ C.M°I"~` • Prc~jcrt ~l~lit~erK~h1~4 £?ts~i~;n c~~n~~i~~fs • ~>ptwci~l ~~~riixvti~~t~tti Sub#ask ~.~ F3asis of design Wark~ta~a x1s <~ ~a`s~lr~sv u~ tee tl°~c~ kickc3f~ ~n~~r~~tin~; ~~e~m~ c~~~-j, a ~~~d~~~ ~~i:>xk~~~r~~ Lvil~ l^~ ~~ea~i ~~i~E~i the kc~y= C~~-~?~',r1 ~iIL~~ ~tc~ ~'I'~~ tit~i~~ #s~ xE~~riew ~w~~ttn3~~t~~t~~; ~-~z~~ ~e~a~~E~,}~ ~ ~~~~.~ ~~ c~i~~~.~i~*r~. `ate ~1~~~;e t)~icl:es~~rb<~:~in ~tntcturca s `~i~r~ t.a7.v~~iit - ic~rznt~~Ftti~r ~~ta7-~i1~ta31C~3t, t~~x~k, t~~'1~'(~~'~"~`~',{1' T~3~2~119~ ~11C~ <311C1~~.~IZ+' • i'i~+ii~~ ~~z-~ci ~r~»<.~~~ rx~c~c'l~~ni~al ~}-~t~m~ • ;~'~~~~t~rit~~s ~~f cat't~tr'tactic~ii r ~i1`i~CLliTlt"t]fell'2i)Ilcltli~ C1.J.t7~!°l)~`~ • '~"~~ ~:x~ic~l r~~uirtinY~:r~t~ ~ C~a~;~-~~ci~~; tcy c~x~~;~in~ ifi~1rE~str~ci~a~.:, ~ti t~~e~'c`I: C'C)~SUI.:Tr~N~(~ in: i11 ~7r~:~~~aer~, ~3 Kdk ~3E~ "4'9~x~tar3~; ~~ 1~.;wi~; ~' ;~+:~si~;r~ ~~~i~~r~~~-~- I~~l~iair~y°F,~-~c~x~n~ ~~~h~zh iarill ~r~i~•i~t~ this b~~sis £z~r ilx f~i.~~t~~]. d~:~~~,~~. ~~ c~r,tf; c~c~c~~»~~ci~t ~~~,~il~ he sxabrx~itt~:c3 tc, t}~~: C`.,Cl~' &~~r rt?~~~~ ~ti~ ~.r~~ ~r ~~a~l~~~= ~~., ~~~ttf~r~rte~- ~t~ll +nill ~~~ h~l~i t~ cii~cu~s cc~~i~r~~eaE~t~; car ch~n~;c~~., 'I~~* ft,~~+~~.vin~; ~-~e~it~r~lafles ~ ili h~ ti+uL~#~et°~ tC~ C,~`1"k' its ~tjtrt~k `~_2: • [?r~y~t ~~t~tzl fitt~~1 ~uar~rx~=pry l41~rt~c,~r~jr~~~.~isz ~fi~~ cc?~Sie~; ~~a~:~~) 7'~Sk ~ [~Ci~~ 1~S~~1~ Tl~~ C'C~V~G3_,"€'~,~'1' i~-if8 ~rc~b•ad~ t}~e tc>llc~~v~~~; finfzl ~~>~i ~e~x~~ic:cs: ~ubta~k 2.1 Surveying "l~~e C~t~tiSLL,".CAe; C, ~~~i1I }~resgr~ a c~:~t~~iil~d sec~}~e ca! tla~::~cn°i~~~ rc~~°~ir~ci ~~~ tl~~ ~ur~esyrar ;a.r~~ re~~r>><~c°1 t~ c~~iest~~>n~ frt~n~ the ~'~~"tY ~3r the ~u~rve~'c~r. f1 ~~'ia~ t>#` ~~r~i~.€~;: fr~r survey-[~x ~~~iEi F~~ :;uhmittc~ tc~ ~.~~~Y i~ ~auk~t~s~C ~.~, Sub#ask ~.~ {~~a#echnic~l En~resfigalittr~ ~rxi ~~p€~rt ~[lt~ Ct?~I~~.~LZ'r~NT~ ~~aill pre~~~rr~ a ~iet~ilec~ ~s~o~c ~~ the st.r~:i~e~ r~~t~rr~~~ c~F tlar~ ~~;=~ta~r~h.~ic~i ~~n~;ir~c:~ ri;r~g ~~z-rn aid r~:rs~a~a~~ tc~ t~u~sti~~tts f~rca~r- tl~c ~IT1` c>r t~~~ cc~rrs~ttay. r~ titr~~,~ i4f Sri°ic€~s tr+r ~;~:.~;ztccl~ttie al ~ t~~inE~ rite; #irxt~ tvili .Eac~ ~~1'~tt~itt~cd t~~ ~.I"Y ut ~tiht~'$k ?`.~, Su~i~sk 2.3 ~©n'~c# l~~cuttten#~ '~1"}te CCry'~'~lJl,"i'~~~T'svill ~~ rFc~ma tl~a f~ih~a~ritt~; ~~~si~i~ t~5k; f«ri'h~a ~i•~~~r<°~titiY~ r°,f ~ -nstr-~tct`se~~t ~~rc~~.v~n~;~ ~ts~~ ~~~r.i.fi~;ati~~t~~; ~~~~a~~~=s~rv~~ ~ + I,r~~~7~r~ ~;et~er~l csvi~ c~~~it~ ~ir~~~t~~,n ~n~~ ;~~aecyficati~~ttis. 't"h~,~c= ~r~~~i~~s ~~nc-i ~~t-trititt-<tti~~ns ~rvi.l.l ittt'l~~~d~ ~+it~ r~t~~rirs~,, ~,r~~in~;, dr~ina~,~, f~icilit~= Iawt~ut ~rtc~ it~t~~`n~~l w Pr~~:G~re strltct~tt•~~1, ~xxecaa~ni~:~~Ea ~ ~e~tric~aix za~lct ictsir~r~~~a~t:~ti~a~i anc~ cc~~sfr~ai c~z~y~~~r ~it~~ti~:iz~~~c ~u~ci 4~~~w~zl"icfziic~C~ fir ~'~~: r~v~° ~;r~lrii~~ t)aick~~€c°r fu~c~ ~~neil~~~z-,` tsac°iliii€:~. [~`t~.ettn~~ b~~t1~ ~~~ hc~~d x~vith ~~`l`Y ~~r~trttz~€;l ~t thy: t?Ct at~~i ~~ percent lcert~l5 tc> prc~s~~#, ~i~~-u~s r3~ ~a~a~~rc~t~c~> th~:• ~3~si~~r: c!€t~tif~.'I~e ~[) p~wrcc~nt d~rctir~ts~nty r•. ilt C'~>:'~;~i~;t ~3f ~gr~~lit~~it»ry ~rztwin~s ~sn~ ~ Ii~t ~>f~ atttiei<xted 5pceifi^~ti~>n~;. C.'1`l'~' ~a~il] ~?rc~~,-ie~c~ ~'~°z°i=u~~~° ecx~l.rt~ent~ ~b~ xh~s~~~ di:c~~n~~°~~~ts ~,vitl~fa~ tr~~-~ vs E.~l:; ref r~,~~i~ ia~g th~~ risk iE~w s~~•t. "I"}le ~~i0 ~wcr~csax c`~cit t~~li'rttk~ ~vill ~~~~.i;~t c~fl~~sttt ~rE~~~~in~;:. ~~rl~::ypc~Ci~iC.='~Ii~.~rtt,. CI°[~` ~~s~i.ll. ~r~s~~icie r<wiev+.x r~3n~~r~t~ x°ithin t~vc~ w~e~~ c~E ~c~~~vin~; the re~~~ic~~ set, ~, f<:i~lc~~:-~~a~ "i [?fl ~~~~rci~z~t'° r~~~~c,~t;r~~; will ~~e hca~1 ~~i# ~;.1' ~'~ t~3 recca~-s~, ~R~c~~~> ~x~t~ ~t~ta=z r~°~z~e~~r Gc~xnr~~+~~ats. C:1`l"'r' c~~~~~~t7~t~rnt!~ s~ i1~ }.~~ ix~e~rt~~z~~~tt~d it~tn the t~~~~i ~ic~ e~eaclin~~~jlt~a ~I'hc~ #ial~cn~°in~ c~i1i~ c~r~~I~;' s~r°ill ~ ~ut~x~it#~~~ to ~i'~'~` ~~ px<rt c~# ~~~htat~;k 2.;i. • I~i~-c ~;5i ~cyts ~~f tl~e ts(3 ~ert;~tt# i3C'~i};~~ ~:.~z'=3~vtzt~;s ~2~'° X :~~>") i~ii~e ~5;i set5 of this ~t3 ere~aat c~e~~n •~~a~t~~~ents ~2=I" Y ~t~"~ i•s~°4: {~ =.g~t~ ~rC t~~~ ~it°~~~i c1~~~.i~r~. c~i~~~~~r.~4:a~t~; (?_.~" X ;~~"~ • 4'i~•ca {:~} ~c~~ay, ~~fi the tiz~~l desi~,r~ clr~ia•in~ c~tl L°I~ in r°~t~tu~"A.I~9~c~rn~~t ~~~ crte (I} rc7ptir e~~ tie Yin,~~ tc~r~niral ~~eci.~icat~<.n'~~ i~~ ~'~t3~~ f~>rn~~~k_ ~~~~>~°~r~i~ic~ Ei~e:~5, c°c~ni~°~ati~le' ~i°i~h tt~~ t'c~~';i;ire~~r~~~~~s~t~ t~#~ C~~'rn~~~~~tE~r, ~~i~l ~lh~~ 1~~ xc?~~i~€~. 5ubtask 2;4 Car,~iructi~n CQSt ~stim~te T~~r~> C't)~;~;L I.T1'~"1` s~:ill pata~~r~ apt a}~ix~iu&t~ u~ riY~~~~'~ cos~struttiu~~ cyst Est tl~~ b~~'~~> =~t~~~ IiS~~"~;, ~~r+~c>nt le~°c~i cif t1~~3 r~~n~tr~~ctic}n c-~c}c~,~~~~ts, .1 his a~~~~ic>n c~~f ~z~~b~l~C~ ~~~-t4 ~vi~l Eye 5ubn~ittc~+~ i~~ e.~cctzc~~~~~ tor~~at ~l~~z~~; with fittc> rc~s~7c~tt~•e cl~~~~~n ~i~~i~~r~~i~l~s list~s~ ~~taca~~ iz~ Task ~ Prarmitting Assista~t,rl~ The f~~ll~~wi~i~; tasl~~ witl bc? c ~n~uete~i ~~~ }~~rt cif the ~~ rrnitti~~~~; ~~~~;ist~e ~'c~r Ihi~ prc.~~ct: 1'r~pare ~n ~:n~,°ir~~r~n~et°~t~~ I'~~sc~tzrc~s I'~>rrnit {ks°l~I~') tt?r sc~rn~z~<'~ter ~r~~~'~a~,~~~~~~t. ~I~I' ~ti•iI11~~ ~tibitte~~ te,a ~F~1r~!?1~f7_ °I°I~i~ ~cc~~~ ir~~li~ri~as e~riE:> rs~>;;p~~~~~~ tc~ ~~~~ a~t~~:~~~e~a tc~~' ~Ci~iticai~~~s! Iitf<~rrrtati~~n (I~:1I). • I~rr~}~~3rc~ a 1~atc;r ~}ast~*nt ~~i~~tr~~tic~n crxa~at tea t1~c: i'alm Ike=;.~~4~ t~'c~ttr ~c~~°~9t~°~ Unit (I'tSCE°i~G). ~f~ltis ~~~p~ ia~e~t.~~~~ ~~ne r~~~s~r~ t~~ ~>r~e ~erlu~~st fc~r ,~~~ditz~arsal In~~srr~1<~ta~~~ ~'erz~it }~rt~~e~~in}; will ~ initiate ~; s~s~~~ ~~s prd~~ti~~hle. It 6;+ a~~~~n-aert that the 9~ per~~nt ~r~~.ztrart ~c~et~~xae~~ts x~1~~ b~~ S~~L~n~itte~ fr~r permit ~~pplic:rati<:>rt ts~~ I'I3C~EII~ ~~tc-! ~1~9G'~'~°9T~. ~}a~ir~:~~?~"i~7ti' ~~ ;~~~~~~~ xc~t~ic'~.~ cc~rnments ~n=i1.1 i~ i~~c~,a~~c~r~7t~~ ~~~k~? eit]~aMs' the firti~l bid c~c~cr~~xZC1~t:; ~-,r krill 17~~ ~~c~c3~~c~ by K~dc~E•t~za~.,,a_, cep°:~:~_Ei~7~; ~:~~ the ti~tt~y ~~f z•L~t`~;'i~'~~t ~-~d tl~e ,a~et~e~'':~ Zc`°t~~tt~tt'~1t5, £~~~c rr~c~~ti~5~ ~a~r a~~t~cy is ~~lar-a1~tl ~T~~'crr tl~i l~€~k. Tti~,'t? ~iztE~$ ~:cs~i~y ~ f est~~t ~~trr~7iii <3~,}~Iic~ti~?n ~~~ itI $7e s~~.~t~ittc~cl tau Eli ~ Ill°. L~fi&~a ~ ~~t'5~7~61.lk'~ Task ~ Bid Phase Se~vic~:s '[`ham C'~~~~[.'j'l~:U'7":~hKa11 ~r«t~i~~~ bae~ ~~I~~ea~ ~~r~~ic:c*~ t~~ ~~,n~~,i c~f~ the F«lIr~w~v~~ subtr~skh. St~~sk 4.1 Provide Ttatihnir~[ Interpr>'t~tior~ 'T"h~ ~'~~~~,"L'I°AAi'T~ w~Il r~;~~~a~~ to bi~~i~r~` c~t~c~tio~~~~ ~urir~~ t~~ i~~ g;~-:ri~sc~. C:CZ~" ~r~il! ~r:~vi~t^ ~tit'stic~~~~ for r4~;~onst~. °I1'ic^ (..C~i~`.?~1..:~I'~NT~~~iII cle3iver tr~C'I'I'Y ~~•F`€tl~t~ r~~~L-~or~~~es to c~~~c~5~~~n~ ~rc~~ i~e~-t ~r ~:11Y <~n~ the C I'II` ~~,~ill i:;;~sxe adc~ztzda ~<>r~.rr-r:~nt~, f+a ~Ia1.~zi h<;IcI~~, ~ubtas[c ~,~ l~tt~ncf Pry-Bid ~vnfer~n~~ ~l1'~~ C~~1~~~.'I'~1h1'f~ r~ril$ c~tkfrt€~ i~sae }'r~e"aicl YsteE~tu1~,. ~~~z1c~~~'1~~~ ~~~r~'ITY, ~~~itla t-~~~~~~: tiv~ costtra~t:>r~, ~gt~i~xrtrrrlt rr~~ar~uF;~~c+t~xr~r5, a;~c~ ~~+~snr~~c~rs. ~'~51~T5`~.fL.T~~:~T ~4°~I1 Ia°rt~~ar~ rni~u.rtc ~ncl t~istri~utc> t~ thy. ~:ITY Ft3r ~i5trihuti~tut t~~ #h~ Ian hcrlcMcz~. Subt2rsk ~.~ Bid va[uatio~ As~istar~ce T1Ee Ct~1~~Ut.'I'~~I f` ~.~ iIt rc~~ric~h ~~ca~~ cc*zxttet~k ~~~~ tht9l~ic~s ~e~r~ir=c~ ~s tl-~c~~ rc:latt i"c:~ za~atte~r5 c~Etle:~;kg;~;~. ~I"I~cr C`C)~'S~.i~.;3~:~.~'N~` ~4iL1. cevi; ta° i~~~ h~c~S anti L~ra~~~arrr l?a~ tu~b~~lx-~tic>~1.~~~cl make r~~Ct~rt'tn~cn~:h~ti[~n t~~ Tl~c ~:I~~r' fir ~~n'~~ar~:i G~f xa ~:c~z~[r<~ct ic? #l~c ~c~v~e~a, r~ea~ey.i~siti°~~, r~~E?c~»siL~k° bidder. ~~h~tlUl~ CH~i~# I~III_L i~°ill ~c>n°~~~en~~ w~rl~ on tl~~ ~t,~~ v~ ~€+rvic~~ ~i.escrih~cl hercit~ ~~~ac~~ rcc~C~,~t cif a .f~~3ly c+xc~c~tt~c~ cc~~a~r cif thi4 `~~~ec~-~ie At~thc~~izatl~~n €rrszn th<~ City, avhich ~vil6 serve a~ t}~c r-~~:~ticFr tc> ~~rocc*ecl, The Er~lic~ruin~; ~t~mni~~r3r~s thr~ r~t>~~r~ ~clzc~dul~~>. 'Task AAeetingfAetiuity T~ "~"~"""""~. ~. C»livery ~~heti~sfs C~liueraf~ls Nm. ' .9 8®._ ~~ek of ~nci ~st~ visit...... .~... ~ ~~ seeks after IVTP` hl~~ti~c~ and ~~~ ..~_ _ ____------- _.._._._._._. _ nV~____°°m_ Surtrornary ~ 3asis of t~~siyn M~!tro m. ~rafl 3 w~ek5 ~ftcr tci~ vft m~eti~rt " 1 __W___ 3asis ~f ~3esign Memo - Fin::~l ~ 2 u+e~ks aft~ar rr~~r~rrc~ rrr:view rnr~t:lirx~ Surrey ~°~nd ~?at~rh st;r~pe 1 vrrt:ek ~Tter kick off rrsl~.' t~errra ..____._....,..e.,......_......e.e.._e.~ 2 _.~__. _ ___ _~. _.____. _ .____... ___...~.~._..,..~_ a0`'~ Dei~~n P~tk~~fl sutrnittai ._._..,._..___. ~ ~ve~ks otter basis ©f [)ssi~n ~Vitg.' L3r~~rv~s and list cI STse cis 2 Fap°h fir. ~i~r~ P'e-~cka~e~ re•;~~~aw 2 eke :~fl~:r ~~°/a ~ck~{~~ ~br-~~i:~t" i _~ r~at~~4~ng ~~lo Cie°5fgn P~ek,~c~€~ ~tabrni2l<~[ A wr;~;.ks ~aRor` ~Q°9o rs~vi~~xr rro~Ct." t]t,~uv~'i€~~ ~n~1 ~ S}~c~:;~catiec~s ~ ~ ~T3°.'u i~~siyn P~ekdge revi~:~v ~ ww~ks atE~sr ~0°'u subr~'ritt~rl ~ckac~~` ~ .~._ 10Q ~ L?~~;igr~ F~aokas~o Subrtri13a1 ~ ~se{;k~ ~tt~:r ~d~~e r~vewr rr~~tinr.~~ ~knw~gs a~~ ' S~~~cati®ns 3_~__ . ~'& rrniE I~h1i~„aii~r~ P~ckay~ 7 ~~~~k eiket ~~Alo ~1cx~rnr;r~i c+Jrn~3!~;tiOr~ Perraat 3~pplic~sti~r5~ Prep~ratibn 4 i~r~e-bit! ~nf~renc~ ~ 7a Be C7e:l~rmin~d ~y Csiy teiiny lrlia~uf~~ ~ r _ _ ' b~9~'96?i~4~CC%i"..E'~~ ~-~C -.~__ ~-~.~ ~_..~~._w-._ _-___. ...................._..__-_...... ..~.___-____--- ~ask ~ [hNreBtir~gllictivity t~eiiv~y ~~heduf~ D~1lvecabte ~~- S t 4 ~ Respv~se Ib E~itldLxr QuBStiUns Tv Q~ ~7~terrriinect by CiEy ~i~: ~ats~laiiran anct F~e~~~ra~~nd~livn far sward ~ Bid Tebul;~t.ian and Tv 8~ iJ~t~rrttir~~d by CrEy ~icf TatuiaRit~n ar~d ~~c:amm~ndatioo torAvearr3 i ~e~grnm~rEif~ttit~n fear Award 'Citical Path r~ct3vity 5~~~~0~~ `I7~i~ ~~ np~ ~f ,~e?r~•it•~s s~a~~ b~~etl ~~ the fnlti~t~rin~ ~~~~~~1~ti~j~~~s_ + Key lar~~jcct team m~t~~l~~:r~ From CI`A' ivi.11 atki~.~z~ tlt~.~ i~~ecrtinj~~. • C'I,T°'E` will ~r>ntr~act as~e~ "~7i4h ~u~r~~~v+~3r s~r~.<icc~?~ iit ~x tin~~>Iv rn~~nn~ar cr~nf,a--min~; t~ t~-e~ prc~ji~ek a`hc:~~fult'. • CI''!-Y trill a~~r~ir~3ct ~~r~~ F~:€i~ish ~;~c~t~~rhnF~al ir~~°c~ti~;x~tit~tt ~t xvit~c~~ in ri tine y= ~~~~~~~~n~ r ~ur~f~x~xu~-~~ t~~ t}~e ~.~t ~)~t'i1 ~l~ce~1u'ler. C:I~'r` u~il~ c~it~Itt~c' ~~~~ ~qui~n~cx~t an~~c~x ~7ficz~~are, t~hicl~ ti41c> et~n~truct;r~n~f-~ntract~r wiI! nc~~°d kc? ~rc~t'i~-Ic tf~ hizilr~ thi:~ irate rfac~. 'l~i~ ire#t~rrst~tic~n s~-ill hey ~?rc~rridc~el tc~ ~:C)`~~l~~l;k'+~11"l dLrrin~ kh~ ~r~:-~~~~:il;a1 1`~aSe, w ~:T7"~' t~~ill f~a`i>~;~':~~1 'In,C: E~t~c~ 111~tI. • 1~~~~ C'~?~1'il..Jk;i'~~'I~ i~~iXl ~r~~~•id~ ~i~nec~ e~E~d ~~~~c~d dr~~~ars~w at1c~ ~~iEicatic~ra recltRire~ tc~r ~~r~tittiz~~;. A~5 other pE~~~ut~ than th~~e 1i5t~cl Ia~rei~ ace ins:'t~c~ed in this ~~:«~~e of tvisrk. E~G>r ~re~rmittiztl*, tr~~kti, if ~7~s~iti~al~aE effe~rt 1~~>~~c~r-ss~ the ~;tiKa-~ate~. le~•~~I ~~f effe~rt is n~~eclc>cIs ~"C°Il`- ~~a~~i the C'€~Iv?fiUh'~I'.~I~`I" will ~a=~~:et tc~ es~k~z~a9i~h the ~C$~iitit~n~tl ~e~-viCC'~ ~:~:~e~~~~~ atzc~ tltc~ ~-~sacaci;~xtr.cl cr~~nF~cn~atic~~r~. X111 ~sern~it a~piicatir~~~ fees smifl }~ ~~id fc~r h~ CITY_ • i~~o #r~t~[~ zni#i~aki~~rt till ~, re~uiredo • 'I"I~~ at~ar~3ed ~'e~rztr~ttc~t• will c~bt:~in ~it~ clc~~r~ri,i~~ ar~~ h~aildir~~ }~rn7it~;. • C~I~iS~'lr`T~~'~~T will not ~tt~.rt~ k~ici crp~ni~~~. • ~~~ ~Er~ape clc~e~ nc~t il~cltit~e r~~ie~~~ o= ~arcr~r~~e~ ~ta~~kikuk~e zq~i~~~crtt b~ blddet~. • C1T'a~:~°il] F~r€~.~,are fi~rz~l ~~~rrtrr~~et c°lnc~ir~~crrt~: f<~~' i~sex~~~~i~~~ Ec~ tlz~ ~~>i-tr~~tc7r. C:l"~~ ~vi.lt a~frinistt~r di~trih~xti~~n ~~f r-€~rar:7ct l~ii-1~Fn~ C{~x't~rt-ic~r~ts tc~ c~-~~~tr:~s-_kor, st~.h~~Iiers ~~~~i Kara rvoti~s. • ~:nsi~:es ~ystx°i~?tt:c~ ~ ikl~ I~i[1 l?rc>feskn~ ar~d re-bidding; are rtc~t ia~clu~lc~c~ iza t~~is ~~~e cat ~~ork a~ad can be pri~~;id~~ci ~~~ ~adc~iti~crtal ~r~icis~. • L7fasi~t ~tril~l ~ hr-~sNd. c~~a n~~t~.ii~a~ the exi~;iir~~ t~i~-~:er~e~ sj~c.It~~~i~7 kl~c~ ni~~nufl~ct~.€rCar cif inte:~~~~1 ~roce~~ ecit~i~~in~~a~E (Firx»c~}. t1~~: ~,~~a~it~• ~3f ~l°~e t~a~i5ti.rt~; #c~ec~ ltrnp~, ~,~~r~ ~aipi~~, ~Y1~ vacE.tu.rn ~zlt~~sr~ xt~~xt~i~y adez~ciat~ after the* ~ddil:io~~ caI the: ne~~, thi~k€~E~ir. • '~I`l~:e i5 sp;~e~ :atr~f s~zre:~ fir nerve eleclri~~1 cA~~i~?n~c~~~k iu~ tl~~: txisku~~ ~lect~~ira1 rc~e3m. • "i'lxeao ~itl i°ar3t~e nt~tw~ chenvcGil feed#~litic~s ~~ tl~s:;l.~rc~jr~ct. • CITY v,~ill prc~~=isle the ct-~~~tr~~~t frc~z~t en~3 r~ta~uerz~~. oF6~~s,rr,~S~ ,tAdd~ti~nal S~rvi~es 't~-.~ ~:.~~h1~I,7~CT'1tN't• v~'ili, ~~s di.rectc.z~, k~r~~°idt~ zai~~~iti~aaaal ~~rv'ir~~, i~~ ~~tl~.itis.~~tcy ki~se 5~~~~ctfis.~d }~~r~> th~~t ~~r~ rei~~k~,~d try t~c> d~si;,~c~. criinittia~~, ~aiciclin~;. car rs~n~:tr~act~s'n-~~~~~~~ 5c~-~~ ices cif tktis ~rtajs~ct, taut ncat in~t~ari~~d ,withi~a t}~i~: ~:cap€~ ~ ~ `~:rvicc.u zu°rci. ~f~u~ . "I~~ cY ser~•~i~,t;~ ca_~ ~~~> ~,rc~~~id~c~ attcr ~ ~~3~cific scc~~~~, a~~d h2~~~~;c~t 4~~~s ~~e~~ ~~~s?~d tca ~y C`LI"Y r~nc-i d~ vrriit~n ~~c#ice tc~ ~~r~~s:ced i~ r~~ci~~ed fr~~m C'.t`l~°~'> ~d~fiti.as~e~] 5ca~,~k~~'~ m~~y n~ti~d~: Scrwic~~: d~ r~l~; ~~~~ Ciaa~ tructi~~i~ ~ltas~. • 17~ 5i},~~ ~~s~~ica!~ a~st>ciatc~ ~~ ith e~iff~~.~izs~, .fi~~l~i ct~~difi~r~~s that ~itcrs c`urxcr:~t dt~~iz,~t~ ~lan~ • T~3s~~:ik;n Ss~t-vis:s.», rc.=.I~tYa~l kc~ ciifF4~ri~,~; <,.-ci~~n~;c~~-i r~rhi~;n ~~areaza~~,trr~ a5,•s:e~;zi~s~e~ ~~.• C`IA` • L~e~:i~;rt sc~r~ri~ r~lt~t~d tra an inr~r~~~se4°3 ~~v~.~ caf ci~~i~~~ dsrt~il r+~t~~uired by Ch~'Y" ~r ths~ rc'~uJat~~~y ~~,c~tcies. ~ ~x a~~i~%~s a~~scn~%ated v~ it]-s r~4ps~.~~d~i~rsf; c, n,r,s•~ than tl~~~ in€~ic~tc~~ RAL~ fs•~~~, € z~c-h ~,~~r~ratittiry~ r~~~E~c'+a° • I?,c~aaipan~~nt warren#y rr~l~~t~rd ~enric.~ • ~.t't-i~cs:~ re=~~c~~~r~d to re~~i,;°~.~ hid ~r~at~s#4, rc~~iddi~a~;, ~l~~ir~~.g~ liti~atic~~~, ar~d c,tc,r czai-~tr~n~~rsv in c€anz~c~ctican ~>itl~ this ~~r,~~~s~ct w~l~~.>z, sia~h <ar~z`~ra is tezr ~ ~aks~~ti ~:~°c~~~ ~i~~p • k>f.'.:4I;~3E;'klt kk1Sla€;Ct3C7I1 Sl'I'L'1C:E_~, ~ornR~nsati4n to t~~ ~~}I~S~lLTA1~T C°«~,facns=~tit~zi fear ~r~~t~~s4i~ar~.41] ccns~lti~a~; t.?a~ir~t~s~ri~a~ ~ rvic'L°~ a~ s~k~crihE~d h~zxc}in i ~stimatec~ ~t ~~~),~k~~~. C~c?r~~~g.t~~~~ti~1n fir ~~~~ ~;~ ~-c°~c€~4 ~~iall h~ .1up ~~~rr~ in ~c~rirdat~e~ ~v~iE~t Arti~~~ 1r'll.t~.l ~# i3~e ~i.~l~,~;~ILE[~`I'~ t:xi~i~it A ~~ttaal~eci pr~se~tit~ ~ ~ir~~~.dt~~~n ~7f tl~s~ f'StTillrl~f'f~ ~r1hC3I t9(lC~ E?X~7EI, a~ CI,.~r~E95 ~7E?I't~l£'.t~~ 1E.'.E~rNlt'I1t. s7~&`~~=r.Cq?C7~~T~61 ©bE; ~~1tS ~C1'!'k~~ ."iltf~lC7fl1'.9~IC~II 3~± i1~~?~L)1't`C~ C~llltiTl~f.'11€ U~~]~`t ~~C` ~3~~'~S i1LCt'~~c31~Y; ~ Cl~ r3ill~ ~~~i~t~a~tic~n ~z~ith tlac. ~•~~r~~l~~ti~~zt tit t3~c;~ 4~rvici~~ x~~>~el~rt~~ in ti» ~~~ ~~ i~c~~d5 ~~tiKz~ car ens ~~ntc~zztpa4scz~ i~~r llac ~irc~~~c31is ~c°r~ice Kati.t$tc~ri~~~tic~~ai. it ~~~ C:'it~.= i~~ ;ts yc?]e ~li~s~=ctic~n i~: €i~-sati~;t~:cci with the 5en:ice~ ~pri~vi~-leci in the ~rE>~~i~~~~ ~~t~ez~~ car ~~°vi~:~ r~€~ttlc~ri~~tic;rt, kh~ ~:it~r n~a~• terini~~atc: tl~e cc~aatract ~~•ith~5ut~~~~u~rrzz~g any furtka€ r aa~l:~~~_ ~I~~ ~'~~:~~L3t:T'~~,~s~C' m7~- nr~t ~r~n~m;ra~cca wt~rk r~~ aria' ~c~r~~;f~c~, authc~ri~:afii~~n .~~ra~.=e~c.~ ~~4' #ht~> (.°it~~ ~~~a t>c~ incauc~~~c~ x~art tit thr~ ctlr~trd~t uvithra€~t ~ t~~rther t~t~tice~ tc'~Larc~cr~~~c.~_ Aplar~ti~:~ec-i lay: 'L)atc: Rita ~ili4. 1'w~=~'~'c~r a~~~rc~vc~~r~ as kta I~.i~~;al ~€~tfiei~ ~-i~~~ anc~ I'c,rtx3 CI~ILRi I~IiLL, Itit'. (~'~r~?carr~te ~e~l) I~SCh<~r~ jti~~r~l~~, ~,~. (.ate) ~rc~r~ ~tti~~~ M~s~~~er ~I+ita~~'~s STS°T C3ta Ft.C?RIi~~'~ Tl~t fc~re~;~:air-~; in~trsa;r~ca~t •~=;~s :~~cka~r~~•ul~~tc d ~fc3~ a~~ this _....__tl~ dad ~f . ~t.~3;~, b~ ~,i.ch~~r€i 11rLcar~zl~;;t ,~re~~ ?vi~t~at;crr, ~.;:rl`?ltrl HILL, Irac,, a I~Ic~ri~~ ~~>~rptar~titi~rt, ~n ~eA}l~t~f ~~f tlae ~t~r~~rati~~~~n. l„Ie a~ r~~~n~tly ~~-~~ws~ tc> ~m~~ and (chid f'clic3 ~t~tt-~t~ ~ak~ rug ~7ath. ~I~ti~r~ I~ciblic ~telt~ al" I7~ric:l~~ ~~e~~l) ~~~:v~r~~s~r~~.~nc .Q K W V ~ i Z L Q e+ .~ V a~ U o C> c> ct~ c~ rs as c~ ca a3 css c~ us rn ca n cs o u~ ca er o q~ o~ ~ y tr3 C? 69 '~" 4= t~ ' rf 69 4H V7 #,9 tom- tf') CV L9 F/9 C? CV 6f3 V] C_3 ' QO ~ n ice- 'd t3 i lt? L1J cri tC3 N "3 ~ N C] c 3 cq M 'A Y N `cf LSi ~7 KT7 ~ C'A'A ~ t~ f1i ~ ~ '~"" 0.3 C37 Oz ,Q ~ E9 Efl ~ t¢3 ~ #3 ~ ilA EFD Vf ~ ~ 'e1' O t~J ~ cr3 C] ~' ~ C? ~ ~ C1 N ~ _ i'0 ~ ~ N w ~ b m Q ~ ~ h- C 'C VN L~ Cf7 CV N O O ~ ~ G= ~ ~ r Q ~ Gf7 ~ ~ ~ ~ ~ Y :~ • RY '~ i~ ~ m fi3 ~ if3 ~ 7 ~ ~ A7 'Ct ~ cp C3> ~ *. ~ W ~ N ~ fA I~ ~ a sr ~ ~ ~ ~ ~ ~ w ~ ~ ~ ~ ~ ~ •~ ~ ~ F N N C`A'A Lq U5 N ~ 'CY U) a C 7 ~ YSA ~ CV = Itn ~+ . c+3 C7 i~ Y G •~ ~ ~ Clf ~ ~ ~ (lA ER VA' ` CV t~ CO ~ N `Q G{J ~ C7' V~ ~ ~ T c6 ~ G ~ 9 c') M 1 V ~ ~ ~ N ~ - m ~- C? C7 CA CA CP rj ~"" ((((33 N d~ pp pp in t fl ~ O c'3 S'~t CD d ~[7 t'"1 R- [~A cf1 C+3 ~ C 6f3 4fl ~ ~ N W GD US F'~- t(3 tp LA GO CA y Yti h tD '~Y [~F C1 c7D r-~ tL7 C57 f'-~ LS> tfi u"A _ G] ~ r .- r (~, Ff3 F!~ ii] W3 4•7 iii 4FA 673 W3 Ef3 +<fD fA fiFJ kN ~ ~ ~ ~ ~ ~ "' ~ J] ~ ~ .C1 ~ y U ~ LlJ ~ ~ ~ O ~ d ~ ~ ° ~ c H c ~ _ a7 7 ..J -~ m 'Ca ~ g~ '. R ~ ~ ~ 'C LL ~ .~ ~ ~ k L,7 CJ "U C O ~ Q ~ ~ ~ a ~ L33 t>3 LLi ~ ~ ~ ~ ~ c> .~ N C N ~ ~ '~ L ~ ~ ~ TT ~ ~ ~ ~ m ~ ~ ~ ~N~y ~ ~~.. d ~ ~ ~ ~ C ~ .i.. ~ ~ ~ ~ ~.. A~ ~ ~ _ ~ ~ ~ ~ ~ Tc ~ G W Q l) "c ~ ~ ~ ~, ~ '~ ro ~ V ~ ~ '~ a Ci ~ ~., Q. w H ~ C~ p ~~ Q ii m f- ~i 6A ~ ~ ~ O ~ . ~ ~ C , ~ ~ ~ v N A ~ A ~ Q> ~ v ~ ~ ~ ~ p t~ O .~ ~ ~ to ~ ~ (73 t3~ v> p„ Cl3 v? c!o Cl %i. ~- CJ t, ...J (~ A. u,. rC cq C '~ N CL Zi .~ fl? L .~ ~.,~ .~. ~"" 'X7 m u ro Q Q CI3 m 10 O,. tw. Q C7 tv Lei' N r J MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 28, 2008 SUBJECT: AGENDA ITEM S,L -.REGULAR COMMISSION MEETING.OF.~EBRUARY. $,.2008 CASH BONDI PALM BEACH COUNTY/AREA 4 RECLAIMED WATER SYSTEM PROJEC ITEM BEFORE COMM_ISSION Approve execution of a Cash Bond form and related funding in the amount of $99,017 required by Palm Beach County on the Area 4 Reclaimed Water System project, PIN 2004-020.4. The bond is a condition of the permit to guarantee the restoration work of the pavement open-cut on Linton Blvd. BACKGROUND The Area 4 Reclaimed Water System project continues the construction of the reclaimed water transmission system from Homewood Blvd (at Linton Blvd) south to the Delaire Golf Course (the contract award for construction of Area 4 is under a separate agenda item}. The point of connection is on the north side of Linton Blvd as previously installed under the Area 2 project. An open-cut of the pavement across Linton Blvd will be required for installation of the main to the south. Ta guarantee proper restoration of the pavement after the open-cut, Palm Beach County Land Development is requiring permittees on all projects involving open-cuts within their Right-of-Way to post a surety bond with the County. Before the County will release the permit for construction, the permtttee (in this case the City) must issue a form of bond. The County has estimated the value of the restoration on the pavement open-cut at $99,017. The City's preference is to issue a cash bond; attached is Palm Beach County Cash Bond form (#11.A.9-12A). The bond will be held far at least six months after completion of work as warranty. Since the project involves SFWMD funding, the issuance of this bond is critical in releasing the permit so that construction can start and funding reimbursement deadlines are met; the final close-out documentation must be submitted to SFWMD by August 2008. The City Attorney's Office is currently working with Palm Beach County in formulating an Interlocal Agreement to cover the restoration of pavement open-cuts for all future projects within the County's Right-of-Way; this should alleviate the need of having to post a bond on each and every project. FUNDING SOURCE Funding is available from account #441-5181-536-65.96, Water & Sewer FundlReclaimed Water Transmission. RECOMMENDATION Staff recommends execution of Palm BeachCounty's Cash Bond form (#11.A.9-12A) and related funding in the amount of 99,017.00 for satisfying the County's permitting requirement on the Area 4 Reclaimed Water System project. PALM BEACH COUNTY LAND DEVELOPMENT DIVISION RIGHT-OF-WAY CONSTRUCTION -UTILITY PERMIT - Permit not valid unless pink copy is signed and returned within 15 days after pickup 10: Palm Beach County Land t]eveiopmenk Division 2300 N. Jog Road West Palm Beach, FL 33411-2745 PERMIT NUMBER UT20939-1DD7 ISSUANCE DATE 10l24l20t17 EXPIRATION DATE D4l24120D8 S ~ T ~ R 43 PERMITTEE City Of Delray Beach 434 Svuth Swinton Avenue FEE WgIVED REP Barron Caronite Delray Beach, FL 33444 PROJECT (5Gt) 478 - 7961 DESCREPTION West side of the intersection of Linton Boulevard and Homewood Boulevard open cut for she installation of a 24 inch F2eclaim Water Attain (DIP-CL250) across Linton Boulevard, for the City of Delray 13each. LOCATION LINTON BLVD -OPEN CUT FOR INSTALI..ATION OF 24 INCH RECLAIMED WATER MAIN IN WEST SIDE OF INTERSECTION WITH IiOMEWOpD BOULEVARD FOR CITY OF DELRAY BEACH REFERENCED PLANS Project #217Q4-D20.40 dated 08lD7107 and 08122lD7 Permit is hereby granted for the work within the right-of-way as shown on tf}e referenced plans, subject to provisions of Chapters 125.42.337.4Q'I through 337.404, current Florida Statutes, the applicable Conditions on the back of this permit, and the following conditions: 1 . Af! damage to the traffic slgnalization due to to the open cut, shat! be repair by the contractor acting on behalf of the permttee. Traffic signalization of this Intersection shall be restore hack to existing before open cut or better condition, at no expense to Palm Beach County. 2 . Contact the Construction Coordination Division at (S6t) 684~4t Bll, 48 hours before commencement of work. [See Condition Number 1 on the back of this permit) 3 . permittee is responsible to obtain permits from Palm Beach County Department of Environmental Resources Management for any vegetation removal required 6y the proposed improvments on this permit. 4 . The following information shaft be submitted to the Land Development Division upon completion: a. Signed and sealed certit{cation of completion from the Engineer-of-Record (fprm attached to permittee's copy of permit b. Completed set of record drawing mylars Indicating the original design and the as-built data, plus one set of record drawing prints signed and sealed by the Engineer-of•Record. The record drawings shall clearly indicate all the changes or variations to the construction plans as a result of constructiom. The record drawings shall include elf horizontal and vertical dimensions of all special and slotted structures, including bleeders, oritscos and inverts. The kocation of all outfall pipes shall be shown on the drawings. The as-built information shall be placed adjacent to the proposed with the proposed information lined out. Tho drawings shall have the words 'Retard Drawings' prominen#ly placed on the sheet in letters larger than the title. c. Approval and acceptane of final construction by elf applicable agencies. d. Copies of approved shop drawings. The permittee has posted surety with the County ($ 89,Ot7.0o) to guarantee proper restoration of the pavement cuk Should the perrmlttee fail to properly restore the cut, the County may do so utilizing a portion of or all of the surety. If the permittee obtains a satisfactory final review for the pavement restoration from the PBC Construction Coordination Division and the County has not had to utilize a portion of or all of the surety, the full amount will be returned. If the County has to utilize a portion of lho surety, the remaining balance wI{I be returned 6 . The permittee shall be responsible for submisslan of a traffic control plan to Ed McClane with the Pa{m Beach County Traffic Division. He can be cpntacted at (5ti1) 6$4.4030. The plan shall be submitted a minimum of 2 weeks before start of construction. The pemttttee shall coordinate with Mr. McClane to ensure the plan is approved prior to start of construction This permit shall become void if the pink copy of the permit is not signed and returned to this office within 15 days after pickup; or, if returned, Condition Number 1 on the hack of this permit is not compiled with. Certification of Occupancy (if applicable} will be withheld until the Certification of Completion from the engineer of record (if applicable) and a satisfactory field review by the Palm Seach County Construction Coordination Division have been received by the Land Development Division. PERMITTEE SIGNATURE [AUTHORIZED SIGNATURE OR DULY AUTHORIZED AGENT) SIGNATURE PLEASE PRINT OR TYPE KSR ZIG SLEDZ Petition No. cc: Construction Coordination division wlplans PR No. Barron Caronite -Mathews ConsulEing, Incorporated Related Permit permittee wlplans FORM i I.A.9-12A (Art. I I .B.4.A.6) CASH BOND KNOW ALL MEN BY THESE PRESENTS: That {T} [we], The City of Delray Beach hereafter called PRINCIPAL, tenders unto Palm Beach County, a political subdivision of the State of Florida, hereinafter called COUNTY, the full and just sum of Ninety Nine Thousand and Seventeen U.S. Dollars ($99.017.00), lawful money of the United States of America, to which payment well and truly made bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the above bound PRTNCTPAL has received approval from the COUNTY for the recording of a certain subdivision plat known as f~' (performed work within the Linton Blvd Right-of-Wayl and such recording is prior to completion of construction of the Required Improvements as prescribed by the Subdivision, Platt"rng, and Required lmprovements Regulations, Article 11, Unitied Land Development Code of Palm Beach County, Florida, hereinafter the REGULATIONS, pertaining to said subdivision; and WHEREAS, PRTNCTPAL has been issued Land Development Permit No. UT20939-1007 hereinafter the PERMIT, for construction of said Required improvements, a copy of which PERMIT is attached hereto and by reference made a part hereof; and WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this bond be executed. NOW, THEREFORE, the conditions of the obligation are such that if the above bound PRINCIPAL shall in all respects comply or cause others to comply with the terms and conditions of said PERMIT, within the time specified, and shall in every respect fulfill [its] [his] [their] obligation thereunder and under the plans therein referred to, then this obligation to be void; otherwise, to be and remain in full force and effect. The PRINCIPAL and COUNTY agree that the County Engineer may, in writing, reduce the initial amount stated above in accordance with requirements of said REGULATIONS. The PRINCIPAL unconditionally covenants and agrees that if the PRINCIPAL fails to perform within the time specified by the PERMIT, all or any part of [its] [his] [their] obligation established by said PERMIT and the REGULATIONS, the COUNTY, upon thirty (30) days written notice from the COUNTY or its authorized agent to the PRINCIPAL or its authorized agent ar officer, shall, at COUNTY'S option, have the right to complete the PRINCIPAL'S obligation or, pursuant to public advertisement and receipt of bids, cause to Page 1 of 2 be completed the aforesaid improvements in the case the PRINCIPAL should fail to or refuse to do so in accordance with terms of the PERMIT. in the event the COUNTY should exercise and give such right, the PRINCIPAL shall be liabke and the monies tendered hereby shall be used to reimburse the COUNTY the total cost, thereof, including, but not limited to engineering, legal, and contingent cost, together with any damages either direct or consequential, which may be sustained on account of the failure of the PRINCIPAL to carry out and execute ail the terms and provisions of the PERMIT. IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this _day of , 20~. (CORPORATE PRINCIPAL) [A Florida corporation][a state corporation, licensed to do business in Florida] BY: (signature of Pres. or Vice Pres.) (typed name) - (title} ATTEST: (Signature of other corp. officer) (typed name) _ {title) (Corporate seal} ADDRESS: -OR- (INDIVIDUAL PRINCIPAL} WITNESS: (si~,nature) BY: (typed name} WITNESS: f si~nature)_ _ ADDRESS: Page 2 of 2 Q ~~ ~~ LI N T O N B O U L E V A R D d ~ ~ CMIAL L-3E C !~ N A L L-3E ~ D C r.. d o { WI NM ell ~R~A"r~~v ~ ~ p ! ~:. ~ ~ fis ~ ~ ~ o 0 Y ~~zo~ w rn ~. ~ ~ ~ ~ _ Z I ~ Rom ap W D ~ a Q D ~ ~ ~ O m 00 0 ~ CAN M L L-77 N Q1 cV c o I: I ~ ~ I 0 o ceN~L _u n D blly W N '.: N d W O ~ ~ ~ ~ z ~ Ol ~ ~ Z V ~ ~ d U O E ~ ~ ar mll sr. o ~ ,,. °°' '. ~. .C ~ + H ~7 ~ N / ~I CMINL L-b ClIHN_ L-3B v a~ 0 SITE N I 0 0 .~ U .~ O D_ 0 °a i cri CITY of DELRAY BEACH AREA 4 RECLAIMED WATER onT~o~/z9/zoaa $ ENVIRONMENTAL SERVICES DEPARTMENT SYSTEM LOCATION MAP 434 80UTii ®WlIFON AVtTIUE, aELRAY 6EAd{ ROIiDA 33444 2008-200 °J MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESDICRA Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 30, 2008 SUBJECT: ACYENOA ITEM B.J. -REGULAR COMMISSION MEETING OF FE$RUARY 5, 2DD8 CONSTRUCTION CONTRACTICHAZ EQUIPMENT COMPANY, INC.IWEST ATLANTIC WATER MAIN PROJECT ITEM BEFORE COMMISSION Request for Commission approvallauthorization for the Mayor to execute the construction contract with Chaz Equipment Company, Inc. for the West Atlantic Water Main Project in the amount of $309,110.00. BACKGROUND The West Atlantic Water Main Project consists of the construction of approximately 2,300 linear feet of 8 inch ductile iron pipe on Atlantic Avenue from SW 12th Ave to SW 6th Ave. The project also includes the connection of existing and proposed water services, installation of new fire hydrants, asphalt trench repair and maintenance of traffic. This work is in advance of the FDOT RRR project for Atlantic Avenue which will include the median landscaping and other work proposed in the Atlantic Avenue Beautification project. FUNDING SOURCE Funding is available in new capital account, project number 441-5161-536.65-24 after budget transfer. RECOMMENDATION Staff recommends approval. r ~ M ~ .o o ti v o ~ 00 O .~ ~ ~# ~ ~ L ~m ~ O c7~ 7 ~ U C f0 Q 3 ~~ W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ^ Q O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ^ N o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o r o OoocrtornoooOCOU,ou~oof~ o ao 2 r W 0 P N O E M cD O CD Ln r In ~ f~ N O [n ~ N y ~ (..) 69 Eft r 07 EA r r Efl r N e-- m N Eft r Er4 EA ~ fA Eft Eft Eta 64 Eta 69 69 fA 64 Ih ' ~o w ~' a ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ W O O P r O P O Q O P 4 L[j O p O P O Q _ ~- 0 0 0 ~' 0 0 0 0 0 0 O M 0 0 0 0 O r ' 0 00ff3O C i 000if] 6 69 ~ti ~fiOOb3O ~ ~ LL' CO N O ~" r O CQ M M M r' N O In V (L ffl ffl ER fA r 64 fro4 Et? Ei3 Et? H4 ~ ffl Efl fig Ef3 ffl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ^ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C W ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O ' 0 ~ V ^ Z ffJ 0 0 0 0 t! 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O O O c") 0 0 0 0 0 0 0 ('7 O O O O r 0 ~ O _~ d O O O 64 O LCi 0 0 Lf7 ~ O Ef3 In 0 0 064 O ti u7 c ~ c'] u") ~n !~ (, fl N~ 0 0 N N O (`~ Ln r Efl ffl M 4f} EFS ER 69 ffy i 9 r Efl r fA fA 64 6R Ef} Efl r 0 (*) [ri r r Et) CO ~ O CO r O O r a N N N W ~ Q v~ ui ui Ei q ¢ vi ¢ Q Q ¢ ~i ~ vi v~ vi c~i u~ ~ J J J J W W J W W W 111 J W J J J J J (~ O ~'^ N (0 ~ N ~ C C O ~ c0 f!1 _U ` ~~ N ~ O Q ~ ~ ~ ~ ~ •~ X ~ (p `~ ~ CO ~ f0 a O y O ~ '€S '6 N ~ ~ ,~ ~ ~ ~ '~ i6 m X W ~n 7 a~ Q• ~ C Y Q U Z U ~ ~ ~ N 61 .y O Q U U N (0 G C O C N 2~ ~ co ~ - L ~ f6 f4 ~ ~ ~ O ~ ~ (~ ~ -~ ~ ~ o " ro °~ o U U' in ~ C ~ N iO H t ~ ~ Q ~ = a ~ m ~ o ~ ~ c~ - ao - ~ - oo cn ~ :r, Q c~ .L ~ = ~o ~ ¢ ~ ~ a ~ ~ ~ Q r N ('7 V' LCJ CU I~ b O O r r T N T M r ~ r Lf~ r (O r 1~ r oD r O O ... Z N m w N b E z ~ ~ PROSPECT ST_ i °a ~ ; 3 z z 3R0 ST. n ~ -i I. _rl ~I . "l ~~ d I I ~W`\A ~ L A N~ ~~~~, ~i 'I ~ ~I I i~ul u~~ . . Y r z r a vi S. W. ~ ~ ~ # Vi [/~ UI N V i~ Y~J ~,~~I i ~Ir I r I~ :C~, 71~ ~ r. ~ Lai l i Ll ~ 2N6 s.w zNO c S. W. 2N0 ~ Vl TERR. 5~ ELI L x N S.E. / S. w. ~ z 4 s.w. 3R0 cr. s.w. sRO _cr,___ ~ ~ CITY of DELRAY BEACH W. ATLANT] C AVENUE WATER LtATE: ,fl/04 ~~ EM/IRONMENTAL SERVICES DEPARTMENT from 6th Ave. to 12th Ave. ~~~ 434 SOUTH BWWTON AVENUE. ~AAY BEAp-1. FLOF~A 39444 Project # 2064-034 1 Of 1 'J MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: January 24, 2008 SUBJECT: AGENDA ITEM S.K. -REGULAR COMMI5SION MEETING OF FEBRUARY 5,_2U08 AGREEMENTS/FLORIDA PUBLIC UTILITIES KEGARDING FIRE STATION N0.4 ITEM BEFORE COMMISSION. The attached agreements, Improvement or Relocation of Existing Facilities Agreement and Property Owner's Consent Form, between the City and Florida Public Utilities Company (FPUC) will allow FPUC to install a natural gas line for the construction of Fire Station No. 4 at the corner of Barwick Road and Lake Ida Road. BACKGROUND The previous fire station had compressed natural gas provided from underground tanks. These tanks were removed as part of the demolition process. Also, we are concerned that tank deliveries might not be available in the aftermath of a hurricane. The new service will involve FPUC extending their natural gas line, along Lake lda Road, to connect to the Fire Station. This will be a more reliable fuel source. The cost of for installation of the line is $34,495.00. FUNDING SOURCE Project is to be funded from 334-6112-522-62.88. RECOMMENDATION Staff recommends approval of the Agreements. FLORIDA PUBLIC __ . U T._i..L.,4..~.1 E 5 FLORIDA Pl7BL1C UTILITIES COMPANX IMpROVF..MENT OR RELOCATION OF EXISTING FACILITIES AGREEMENT This agrecmcnt, executed in duplicate as of the day of by and between Florida Public Utilities Company, a Florida Corporation, hereinafter referred 1o as the "Utility", party of the Firs[ part, and pity Of Delray BEaCh ,hereinafter referred to as the "Consumer",party of the Second part witnesseth: Whereas, the Consumer is desirous of securing an improvement ar relocation of exis[i:rg facilities of the Utility as hereinafter described; and whereas, the Utility is willing to make such an improvcmcnt or relocation; Now, therefore, in consideration of the respective and mutual covenants and agreements contained herein and hereinafter sot forth, tltc parties hereto agree with caclt other as follows: Location: 4321 W Lake Ida Raad, Delray Beach, FL 33445 1. The Utility will improve or relocate existing Facilities as follows: Starting from tlae existing 2" P.E. gas main piping on Barwick Road and Franwood Drive, install 415U' of 2" PE gas main pipinK heading north to W Lake ]da Road and then east on W Lake Tda Road. Install 35' of 1-114" PE service piping heading north to dze south building wall. Install gas meter for natural gas fired generator. The Utility will commence the improvement or relocation of its existing facilities fi~rthwith after the execution of this agreement and use its best efforts to complete the improvements or relocation of its facilities as soon as reasonably possible; provided however that the parties expressly agree that the Utility shall not be liable or responsible for any delay caused by or resulting from shortages or unavailabikity of material or labor, or for any other hindrance or delay beyond the control of the Utility. 2. To compensate the Utility for the cost and expense of the aforesaid improvcmcnt or relocation of its facilities, the Consumer simultaneously with the execution of this agreement has paid to the Utility the sum of $ 34485.00 Ehe receipt of which hereby is acknowledged by the Utility. The parties agrcc that said su:n was paid by the Constmer to and received by the Utility without the right of any rebate, credit, reduction or adjustment in favor of either party. 3. The parties agrcc that the utility shall at all times have title to and keep ownership and control in and over the aforesaid improved or relocated facilities, including but not limited to all new materials and eyuipmenl installed therein; and the parties agrcc further that the Cltility shall have the sole and exclusive right to use the improved or relocated facilities for the purpose of serving outer customers afthc utility. 4. After the improvement or relocation of the facilities described above, the Consumer agrees that subject to alk applicable terms, provisions, rights, duties and penalties the Consumer will in the usual manner and at the usual times pay for the utilities and services dchvcred w the Co[tsutner by means of the improved or relocated facilities in accordance with Elte Company's tariffs filed with and approved by the Florida Public Service Commission. 5. The parties agree that no representation, warranty, condition, or agrecmcnt of any kind ar nature whatsoever sha116e binding upon either of the parties hereto unless incorporated in this agrecmcnt; and the parties agree further that this agrccrttcnt covers and includes the entire agreement between the parties. The parties agrcc that all covenants and agreements contained herein shall extend to, he obligatory upon and inure to the benefit of the panics hereto and their respective heirs, Icgal representatives, successors and assigns; provided, however, that the Consumer may not transfer or assign all or any part of this agrecmcnt or any right which he tray obtain hereunder without first obtaining the written consent of the Utility. In witness whereof, the parties hereto have executed this agrecmcnt as of the day and year hereinbefare Crst written. 2" main {37612{)) - 532,949; 1-114" service (3SD[ 12) - $],546 COMPANY lfSl" ONkY IMI~ROVE1t9~NT i i21 .1D7D. 37l"ai20 BY= IBLEDGEFr# '14623._„~,:~,;; _ 12IwLC3CATIgI~1 BY~ _ :1431).2 ', 9l1BLIrDGt=R # . _ "Utility" FLORIDA PUBLIC UTII.ITIIS CgMPANY lts Consumer: Rita Ellas, Mayor Owner: Service ddress: 4321 W Lake Ida Road pelra Beath Sheet Address City or Town /F "/':/~ ~~ U 1' I t~ _ I _._~ _~~... ~ __5 ._ PROPERTY OWNER'S CONSENT FORK! City of Delray Beach as the owner{s) of the property located at OwnerlTenant 4321 W. Lake lda Road, Delray Beach, FL Street Address Ciky or Town State Palm Beach hereby grant to Florida Public Utilities Company the right to County install on said property the natural gas facilities required to provide gas service t4 the property and the right of ingress and egress to maintain, repair and operate said installed gas facilities provided, however, that Florida Public Utilities Company shall, upon completion of construction, be responsible for restoring that portion of the property used to facilitate the installation to a safe and usable condition similar or equai to that which existed prior to construction. Further, llwe agree that the installed gas service facilities shall remain forever the property and responsibility of Florida Public Utilities, its successors or assignees. Consent Granted: City of Delray Beach Owner Attested by: Name and Tifle Rita Ellis, Mayor ____ _ Print or Type 24 Date 1Vame and Title Print or Type 20 Date '~ MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 29, 2008 SUB.IECT: AGENllA ITEM 8.L. -REGULAR. COMMISSION. MEETING OF FEBRUARY 5, 20DS INTERLOCAI, AGREEMENTI PALM BEACH COUNTY ITEM BEFORE COMMISSION Request for Commission approvallauthorization for Mayor to execute an inter-local agreement with Palm BeachCounty for the installation of trombone mast arms at the intersection of SW 2nd Avenue and West Atlantic Avenue. This agreement is for reimbursement, in the amount of $132,101.00, for the installation of the trombone mast arm signals. BACKGROUND When the County began the expansion of the South County Courthouse the City and County discussed the need for signalizing the intersection of SW 2nd Avenue and West Atlantic Avenue. The County installed temporary span wire signals so that this intersection would be signalized prior to the opening of the new courthouse garage. The County also committed $132,101 toward the installation of permanent signals at this intersection. This agreement formalizes that commitment. The attached map shows the location of this intersection. The total construction cost is estimated to be approximately $224,000 and the balance of the construction cost will be paid by the CRA. FUNDING SOURCE 334-3162-541-65.87. RECOMMENDATION Staff recommends approval INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR INSTALLATION OF TROME30NE STYLE MAST ARMS AT 2ND AVENUE AND Wl=ST ATLANTIC AVENUE THIS INTERLOCAL AGREEM>=NT is made and entered into this day '~ of , by and between PALM BEACH COUNTY, a political subdivision ofi the State of Florida, hereinafter referred to as "COUNTY"' and THi` CITY OF DELRAY BEACH, a municipal corporation of the State of Florida hereinafter referred to as . "CITY„ WITNESSETH: WHEREAS, the CITY is undertaking the installation of trombone style mast arms at 2nd Avenue and West Atlantic Avenue within the CITY limits hereinafter referred to as "PROJECT"; and WHEREAS, the PROJECT consists of upgrading the intersection by adding a 'i ~'~, mast arm support structure for the traffic signal, by the CITY; and WHEREAS, the COUNTY wishes to support the PROJECT by providing ~' reimbursement funding for their share of the total documented casts far the project in 'the amount of THREI* HUNDRED THOUSAND DOLLARS j$300,000}; and WHEREAS, the COUNTY believes that the construction of the PROJECT serves ~ a public purpose in the enhancement of this road and wishes to support the PROJECT '', by providing supplemental reimbursement funding For the documented casts of the i'''. ~' PROJECT in an amount not to exceed ONE HUNDRED THIRTY TWO THOUSAND I, ';ONE HUNDRI=D AND ONE DDLLARS ($132,10'{}; and WHEREAS, after construction of the PROJECT, the CITY will be responsible for the subsequent maintenance of the PROJECT. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. The above recitals are true, correct and incorporated herein. 2. The COUNTY agrees to provide to the CITY reimbursement funding for documented casts of the PROJECT in an amount not to exceed ONE HUNDRED THIRTY TWO THOUSAND ONE HUNDRED AND ONE DOLLARS {$132,101}. 3. The COUNTY agrees to reimburse the CITY the amount established in paragraph 2 for costs associated with the PROJECT, upon the CITY's submission of acceptable documentation needed to substantiate its cost for the 1 PROJECT. The COUNTY will use its best efforts to provide said funds to the CITY on a ', i 'reimbursement basis within forty-five (45) days of r~;ceipt of a1{ information required in '~, paragraph 6, below. 4. The GOUNTY's obligation is limited to its payment obligation and shall have no obligation to any other person or entity. !' S. The CITY agrees to assume all responsibility far design, bidding, contract ~', preparation, and contract administration necessary for the PROJECT, including j payment(s) to contractor(s) pursuant to all applicable governmental laws and ~ regulations. 6. The CITY will obtain or provide all labor and materials necessary for the i Iii The GIN shall furnish to the COUNTY'S representative a request for ,PROJECT. payment supported by the following: i A Contract Payment Request Form and a Contractual Services Purchases I i I~, Schedule Form, attached hereto and incorporated herein as i;xhibiE "A" (pages 1 & 2}, ; ', ~ which are required for each and every reimbursement to the CETY. Said information shall list each invoice payable by the CITY and shall include the vendor invoice number, ,invoice date, and the amount payable by the COUNTY. The CITY shall attach a copy of I'~ ~', ~ each vendor invoice paid by the CITY along with a copy of the respective check and ',;shall make reference thereof tv the applicable item listed on the Contractual Services `Purchases Schedule Form. Further, the C1TY's Financial Officer shall also certify that each invoice listed on the Contractual Services Purchases Schedule Farm was paid by the CITY as indicated. 7. As it relates to this Agreement, the COUNTY may initiate a financial i ~i systems analysis andlor an internal fiscal control evafuatian of the CITY by an independent auditing firm employed by the COUNTY or by the County Internal Audit Department at any time the COUNTY deems necessary. is ~~', 8. The CITY shall be sofe]y responsible far obtaining and complying with all I, necessary permits, approvals and authorizations from any federal, state, regional, i COUNTY or agency which are required for the PROJECT. ~I ~ 9. The PROJECT shall be completed and final invoices submitted to the li ~', COUNTY no later than March 31, 201D and the COUNTY shall have no obligation to the CITY or any other entity ar person for any cost incurred thereafter, unless the time for {completion is extended by modification of this Agreement. 2 ~, 10. each party shall be liable for its own actions and negligence and to the extent permitted by law; the CITY shall indemnity, defend and hold harmless the (COUNTY against any actions, claims or damages arising out of the CITY's negligence in connection with this Agreement or the performance by the CITY as it may relate to this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign I ~ ,immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to consti#ute agreement by either party to indemnify the other party jfor such other party's negligence, willful or intentional acts or omissions or for any (amount over the limits set forth in FL Statute 768.28 despite any case law to the ,GOntrary. ,~, i 11. Without waiving the right to sovereign immunity as provided by x.768.28 f s., the CITY acknowledges to be self-insured for General Liability and Automobile I', Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per ;Person and $200,000 Per Qccurrence; or such monetary waiver limits that may change and be set forth by the iegistature. In the event the CITY maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self insurance under x.768.28 f.s., the CITY ~' shall agree to maintain said insurance policies at limits not less #han $500,000 combined single limit for bodily injury or property damage. ~' The CITY agrees to maintain or #o be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute 440. i When requested, the CITY shall agree to provide an affidavit or Certificate of insurance ~ evidencing insurance, self-insurance, andlor sovereign immuni#y status, which i COUNTY agrees to recognize as acceptable for the above mentioned coverage. 'Compliance with the foregoing requirements shall not relieve the CITY of its liability and 'obligations under this Interloca! Agreement. 12. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the CITY certifies that its affiliates, suppliers, I. (sub-contractors, and consultants who perform work hereunder, have not been placed '~ on the convicted vendor fist maintained by the State of Florida Department of Management Services within 38 months immediately preceding the date hereof. This `~ notice is required by F.S_ 287.133(3)(a}. 3 13. The GITY shall require each contractor engaged by the CITY for work i lassociated with this Agreement to maintain: Workers' Compensation coverage in accordance with Florida S#atutes, and; '' a. Commercial General Liability coverage, including vehicle coverage, in combined single limits of not less than ONE MILLION DOLLARS 'i ($1,000,000.00). The COUNTY shall be included in the coverage as an I ! additional insured. b. A payment and performance bond for the total amount of the IMPROVEMENT in accordance wish Florida Statute 255.Q5. j 14. In the event of termination, the CITY snail not be relieved of liability to the CCOUNTY for damages sustained by the COUNTY by virtue of any breach of the :;Agreement by the CITY; and the COUNTY may withhold any paymen# to the CITY for the purpose of set-off until such time as the exact amount of damages due the I, COUNTY is determined. 15. The CITY's termination of this Agreement shall result in all obligations of ', ithe COUNTY for funding contemplated herein to be cancelled. 16. The COUNTY and CITY agree that no person shall, on the grounds of II ' i race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap be discriminated against in performance of this Agreement. 17. In the event tha# any section, paragraph, sentence, clause nr provision `hereof is held invalid by a court of competent jurisdiction, such holding sha11 not affect 'the remaining portions of this Agreement and the same shall remain in full force and 1 ~ effect. 18. All notices required to be given under this Agreement shall be in writing, ',and deemed sufficient to each party when sent by United States Mail, postage paid, to 'the following: AS TO THE COUNTY Engineering and Public Works Department Tanya N. McConnell, P.E. Deputy County Engineer P.O. Box 21229 West Palm Beach, Florida 33416-1229 AS TO THE CITY City of Delray Beach Mr. Randall Krejcarek, P.E. City Engineer 4 434 So. Swinton Avenue Delray Beach, Florida 33444 Phone: 561-243-7322 Fax: 561-243-7314 ~ 19. This Agreement shall be construed and governed by the laws of the State 3nf Florida. Any legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any parfy is intended to be exckusive •• ioi any other remedy, and each and every other remedy shaA be cumulative and shat! be Iin addition to every other remedy given hereunder or now hereafter existing at law or in equity or by statute or otherwise. No single or partial exerdse by any party of any right, ~~ power or remedy shall preclude any other or further exercise thereof. ~i 20. Any costs ar expenses (including reasonable attorney's fees) associated ' with the enforcement of the terms and conditions of this Agreement shall be borne by 'the respective parties; provided, however, that this clause pertains only to the parties to i 'the Agreement. 21. l=xcept as expressly permitted herein to the contrary, na modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of ;dignity herewith. 22. Each party agrees to abide by all laws, orders, rules and regulations and the CITY wikE comply with all applicable governmental codes during the PROJECT. i 23. The COUNTY shall not be deemed to assume any Lability for the 'i ' ~ negligent ar wrongful acts, or omissions of the other party (or parties). Nothing ~', contained herein shall be construed as a waiver, by any of the parties, of the Lability ~ limits established in Section 768.28, Florida Statutes. 24. Each party shall promptly notify the other of any lawsuit, complaint, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. 25. The parties expressly covenant and agree that in the event any of the parties is in de#ault of ifs obligations under this Agreement, the parties not in default shat provide to the defaulting party thirty (30) days written notice before exercising any of their rights. 26. The preparation of th€s Agreement has been a joint effort of the parties, and the resulting document shah not solely as a matter of judicial constraint, be construed more severely against one a# the parties than the other. 27. This Agreement represents the entire understanding among the partias, ~ and supercedes all other negotiations, or agreements, either written or oral, relating to this Agreement. j', 28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court ' in and for Palm Beach County, Florida. ~' 29. This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding an the parties until the PROJECT is completed as i evidenced by the written acceptance of the COUNTY or March 31, 2010, whichever 'occurs first, or terminated in accordance with Paragraphs 14 and 15. I REMAINDER OF PAGE t.EFT BLANK 6 IN WETNESS WHEREOF, the parties have execU#ed this Agreement and it is effective on the date first above written. CITY OF DELRAY BEACH By: Mayor City Clerk I~ APPROVED AS TO FORM AND ~, ~ LEGAL SUFFICIENCY By: City Attorney n..~., PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OE COUNTY COMMISSIONERS By: Addle L Greene, Chair ATTEST: SHARON R. BOCK, CLERK & COMPTROLLER Sy: Deputy Clerk APPROVED A5 TO FORM AND LEGAL SUFFICIENCY sy: Assistant County Attorney Date: APPROVED AS TO TERMS AND CONDITIONS By: T PALM BEACH COUNTY ENGINEERING & PUBLIC WORKS DEPARTMENT CONTRACT PAYMENT REQUEST (PROJECT) Grantee Request Date Billing # Billing Period PROJECT PAYMENT SUMMARY Project Costs Cumulative Iteut this Billing Project Costs Consulting Services Contractual Services Material, Supplies, llirect Purchases Grantee Stock equipment, Furoiture .--. TUTAL PRE}JECT CUSTS CertiTication: [hereby certify th$i the above wus incurred for the work identified as being accomplished is the attached progress reports. Exhibit A Tote I Project Costs Certification: I hereby certify that the doeumeuiation has been maintained as required to support the project expenses reported above, and is available for audit upon request. 4dnzinistrator/Date F'inaucialO~cer/Date PBC USE ONLY County Fending Participation Total Project Costs Total Project Costs to Date County Obligation to Date County Retainage ~-%) County Funds Previously Disbursed County Fends Due this Billing Reviewed and Approved by: ~~ --~_-) {$ --~ PBC Project Admiuistrator/Date Page 1 of 2 /~ W H x r~^ VJ W A Z ~ x p U O0 a U ~ ~ ~ a ~ ~~~ ~~ pp~ U ~~ zz Wo v E~ U W ti O x R. n7 h0 F.' C7 .~ v C. O ~ , Q. L. R;y ~ ~ V "C:3 L~ .~ w, ,a ~ a. •o ~ i+t ~ Y ~. ~] o ~z .~ v ~' U ~ Q L'' a -n U J ~. ~. °z ~~ U Q o ~ '~ U ,~ z 0 Q U Q E-~ -~ ~` ~. ~~~ . ~ ~. ~ ~ O C ,~ ~ O c~ U ~ "Q b• ~ ~~! ~ ~ F: F+ y ~" 4~ v ~ ~ ,D vi u ~ ri 7 n ~ .~ ~ ~ o ~ v ~ ~ ti' U O 6 ~ .b `~'' ~ 'n ~~~ .n ° ~• ~~ N .~i „"' ~ U O "d ~ U ~ pQ, N ~ U U ~ ~; ~ ~ ¢, Q. sa ,~ Y ~ ;-.. C~C U F ~' rUU] N td ~ ~ ~b p~ ~~ ~ ~. -~ o ~~ ~' IP U d .~ w i v 'e ~. a :~ Q N O N a~ip a w W H. V~ ' N Q U a-=~ N Q V N Q c N (I1 _~ u, m- ~~c ~.o ~,~c ~~ C_ ~ a ~~ J ~# "~ ~ ~- Q ~ " x ~~t ~ ... ~- ~ ~ ~ R y .. ~.~ , '-~ ~ ~a '~ { r ~~ ~.`~. ,_, L ~~i ~ ~~:AV1~ m tir~r - .art x ~~ Y ? T ~~ ~~~ ~ ~s . A ~ W + " s _ M r .~ ..~ '~~~ 0 0 cv r N J MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, PE, LEED AP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 30, 2008 SUBJECT: AGENDA ITEM $.M. -REGULAR COMMI5SION MEETIN..G.. OF FEBRUAKY 5, 200$ US 1 CORRIDOK IMPLEMENTATION OF TEMPOKARY MODIFICATIONS/GULF INDUSTKIES, INC./CHAZ EQUIPMENT ITEM BEFORE COMMISSION This agenda item is for Commission approval to purchase temporary curbing and hire Chaz Equipment to implement temporary improvements along SEINE 5th Avenue and SEINE 6th Avenue between SE 10th Street and George Bush Blvd. The cost to purchase the temporary curbing is $125,169 and the cost for installation of all temporary improvements is $325,998.70 for a total cost of $451,167.70. Funding will be provided by CRA. BACKGROUND At the December 11, 2007 Commission meeting approval was sought and received for implementing temporary measures on both northbound and southbound US 1 between SE 10th Street and George Bash Blvd. At that meeting Commission was told that the cost to implement these measures would not exceed $670,000. Since the December Commission meeting staff has obtained a permit from the Florida Department of Transportation (FDOT) and has received additional quotes for completing the work. In an effort to minimize the cost of implementing these temporary measures staff has obtained two quotes; one for purchase of the temporary curbing and another for installation. This approach was taken in order to shorten the lead time for ordering and receiving the temporary curbing. Therefore there are two items related to the same project. A location map is included. FUNDING SOUR_ CE Funds will be provided from account 334-4141-572-65.99 after transfer from CRA. RECOMMENDATION Staff recommends approval. m 0 a~ C~ o ~ ~~ ~_ O ~O r -~--' W v O L U Q~ a~ -4~I~ ~..~ -:. .. L _ r ~ a~y Mi"' 4 r' V +~ ~ ~ ~ 5 s1 .. U S~ N m a c~ 0 0 N T N Ii11kF INDUSTIt1E8, INC. SAFE7"Y ENGINEERING QUOTE GULF INDUSTRIES, INC Florida Safes Division P.O. Box 180489 Tallahassee, FL 32318-0489 Phone: (850)562-1937 Fax: (850)562-1934 GULF 1NDUSTRIE=S, INC Corporate Office P.O. Box 309 Mandeville, LA 70470 Phone: (985)892-6500 Fax: (985}892-0707 To: City of Delray Beach 434 South Swinston Ave. Delray Beach, FL 33444 Phone: (561) 243-7322 Fax: (561} 243-7314 Krejcarek@ci.delray-beach.fl.us Date: 1 11 512 0 0 8 Attention: Randal Krejcarek Destination: Delray Beach, FL County: Palm Beach Project Number: 93010101 & 93010000 Skate Road 5, U5 1 On the express condition that the terms and conditions stated below are the sole terms and conditions of khis sale. GULF INDUSTRfES, Inc. hereinafter called the Seller proposes to furnish the following materials. rleee~ n4inn unit Price Amount 1 849 EA 40" x 12" x 3" Tuff Curb Section (white) (TUFFCURBWHT) $89.00 $75,5fi1.D0 2 78 EA 18" x 12" x 3 Yz" End Cap (white) (TCENDWHT) $70.00 $5,4fiD.00 3 849 EA 42" Tubular Marker without Base (TP42) (white) $41.OD $34,809.OD 4 5 849 849 EA EA Two 3" x 8" Bands of White Sheeting Installed (W) Quick Release Pin {199) $5.00 $6.D0 $4,245.DD $5,094.00 F.O.B. Destination Estimated shipment date: 3 Weeks from order TOTAt_: $125,169.00 This is a quotation on the goods named, subject to the conditions noted below: Note #1: Total does not include applicable sales tax. Note #2: Quotations are firm for 30 days after the above date and thereafter are subject to change without notice to buyer. Note #3: Terms are 30 days from date of shipment. Please enter as our order this, our acceptance Date: of your quotation: Buyer: Title: Gulf Industries, Inc. Thank you for your business! fCE 5 t ~1 *~ !tti `r`~ 11€, t i~ ~ ~ l~ Esc 1 ~{ ~~ ~~ ~.-~:~ E~ncfii~t;a rEr3g Cc~ntr, cir~r ,}an>_iary 23, 2008 Mr. Rafael Ballestero City of Delray Beach 434 South Swinton Ave Delray Beach, PL 33444 Re: Proposal for State Road 5 Curbing Dear Mr. Ballesterv: X180 F'rQirf~r~r; Far~t~ Ra~ci, ~~~ite 1 w~'.~~EI1C~~~ll, ~~rJl"1L~r~ .~,:~~"~~ ~~l: l~c;~I) ~3-2109 Fix: (869) 338-2180 Par your retlclesl we are please fv submit a turkey proposal for the above referenced Project. The Price is predicated on Plans by the >=lorida Dept of Transporfat±vr7 Titled "Contract Plans, Palm Beach Couftty (93010909 & 9390000)";signed and sealed ~D/3?107; Plan Sheets 1-~ 25, Pricing and scope are per attached Schedule A {Chaz l=umish a~~d lnslaJl). Total Proposal Amount is $~9.5~ ar... Pricing and scope are per affached Schedule 8 {City Famish Tuff Curb and F'os#s; and Chaz Install). Tr~tal Proposal Amc~crn# is $32 Z~ Should ya~~ have any further. questions please dc~ not hesitate to call, Sincerely 1 Howard Wight, Vice President -~-~--~~ ~ l t l F {~ ,~ ~, 31k3A Fairia~e Farms Load, quite 1 ~~ ~ i'1 ~r [ ~, ~ : ~ ~ ~~~ r uu~iiin~~~r~, {c~r~c~~ 3a~~~ ~~ ; ~~Jc ~ i - ~ I 1 ~Jf3°~ ~~~°`~~~~ Fi1X; ~~1 .~~~-'~~~~ t- ~ 11 ' ~_ °~"'f~`tflr'f?flllf~. t:[if11i'i!'i.C)f Delray Beaf~h Federal Highway Garbing SCHEDULE A ~Chaz Furnish and Install) __ item ## l]escriptiorz r;ly Unit Price ' Tatat 44 101-1 Mabilizatinn t Domnlritiaatian 1 t_s 25,444.na ' $ i 25,440. 102.1 MalnEnnance of Traffic 1 LS 15A00.00 ~ S 18,000.40 102.7,. Tuff Curb f3arrler wlone tubular marker par Tuft euril 2y24 LF 88.06 $ 257,654.04 snctinn) 7a5-71 ~ Delineator Posts, Trtbular Flexible (Estimated namfrrei grrantiry as strnwn on sliest 2 "Flexible de#irrrrafor post pieced at lac~tions as determined by t#re engineer J 144 EA 195.44 5 19,500.40 Pavement markinp5 {Removable) 1 t.5 ~ NO Blt3 1 v l b 102-911-2 Pavi Marking Removable, While (solid} {6") 3142 if Bid painted ma ~ } a~ rkings {see e 102-911-2 PavE Marking Removable, WhiEe (solid) (t2") gg l( Bid pahried ma rkings (see betovr) 102-971-2 Pavi Marking Removable, White (solid} (24") 4 If Sid pair,ied markin95 (see heloly}'~ low} b 102-811.2 Pavt Marking Removable, Yellovr (sniid} {0„) 15319 !i e Bld painted markings (see 142-911-2 i02-911-2 Pavt Marking Removable, Yellow (solid) (B"} Pavt Marking Removable, Ynlinvr (solid) (iS'? 13e0 07U If if Bid painted markings (see below} Sid painted markings (see betnw) CEearinrd & Grrrbblrrg 1 [.S 13,415.04 I UU 4 r $ 13,4i5.00 110.4 Removal of existing pavemnt 370 sy 1U.U4 . J 5 3,7 2 44 ._ Curb Removal 25U If 10.50 5. S 4,G U4 124 71 Regular Cxcavatinn 1 Is 5,U04.0U $ 5,Ua4. 339.1 Mlsc Aspf:a3t Pavement (Sidewa9k} 2d0 SY 140.00 $ 24,000.04 ' ._ Nltsc Asphalt Pavement (Raatlvtay} 25 SY 126,90 S 128.40 3, .- Handitappar! Ramp Doma nn 3ldewaik pavcsrnent 4 Sp, 1,544.04 ~ $ 6,044.00 1 Delray Beach Federal Highway Curbing SCHEDULE A (Chaz Furnish and install) Item ~ C?escripiion t2ty Unit Price Total Starm ©rafnago 1 L3 58,100.00 $ 88,100A0 62R-1-1D Llrainage Structure (modify existing}{remove top, install new tup, install PVC da4vn drain From irencll grate) 2 ea 3,0OO.OD 5 6,0OO.OD ': ' 425-1-201 Intet, Curb Type S 2 ea 9,500.OD S 19,OtlO.OD ' 426•#-351 Inlet, Curb Type P-5 1 oa 9,500.00 S 9,500.00 430.17#-101 18" RGP 70 if 150.00 S 1D,500.00 436.1.2 Trench Drain 132 If 175.00 S 23,1041.OD ', 620-1-10 Conn Typo F Curfr and Gutlor, vrf #lowable flli base 341 LF 75.D0 ` S 26.576.00 580-1.2 landscape Plants, in Pats A EA 5DD.00 S 2,OD0.00 7013-3 Pavement 11llarlcer, Retrareflettive # E.S #,193.5© $ #,993,50 (Bi Directional, White/Red) 158 ea 5.50 S 874.50 {8i Oireciional, YellavrlYalln~v) 58 ea 5.50 5 319.OD Pavement ntarlcings and slglnirrg;patnt) 1 t.S 18,iB7.OD ~ S 16,167,00 720.20.11 Single Sign Post;F81) {c12sf) 0 as 0.(10 5 7#0.11-121 Patnled Pavl Markings, White Yetlovv;S") 18,48'! If 0.5D ~ 9,23D.50 Painted Pant Markings, Whilo Yellow {8") 1,368 1f 0.75 ~ 1,026.00 Painted Pavt Markings, Waite Yellow (12") 58 If 1.00 $ 58.00 710.11-123 Fainted Favt tVlark4ngs, White Yellotiv {18") 870 If 1,75 S 1,522,50 710-1#•17D fainted PavE Markings, 1lrrow 43 ea 30.DD S 1,230.00 711-7 Remove existing Pavement Markings . Thetmoplastlc 152 sf 20.00 S 3,040AD TOTAL PR(7POSAL AMQl1NT $ 47ti,739.6(} ~lt~x~~cti~arnt:t~l:c:i,.,irlc. ~: ~4l30 ~airirtne ~ar17!& RrR. 4,~r ![E Suite t YY~Ikitt~if,~l~l t'-~.. fJ-7W~t d~a >P ..._.r ~ ' ~ Lti~~~e^rir~c~ Cagr~tr~~t~r Delray Beach Federal Highway Curbing SCHEDLJI_E B City Furnish Tuff Curb and P©sts and Chaz Install} liem # description Qty Unit Price Toirri 101-1 Mobilization 1 t?errsoblttzatian 1 l.S 26,000.00 $ 25,000.00 902-1 Mahrtenancrs of Traff'sc 9 LS 95,fl00.00 ', $ 76,000.00 102 7 Tuff Curb t3arrier wlone tubutar marker per Tuff curb section) 2028 LF 88A0 S 25'~,Sfi4.00 902.7..A Deduct for City purchasing anti ftrrn€shing Tuff Cu€h 292$ LF -d9.9~v E S (id6,960.80) I I 7{15-79 t7elinc:ftar Posts, TabuEar Flexibto {E'stimatednontitlaf quantity as shown on sheet 2 "floxJhie delineator past placed at locations sts determined by the engineer"} 100 EA 195.00 [ EI $ 99,600.00 705-71A Deduct inr City purchasing and furnlslring Poste 100 EA -X17.50 i 3 {A,780.00} pavemcnE markings {Removable) 9 L5 i I NO t3tD 102-911-2 f"avt Markin4 Removable, While {solid) (8") 3142 If Bid painted markings (see helovr) 107.991-2 Pavt tvlarking Removable, White (solid) (t2"} 5F3 if Bid painted markings (see beiraw) 902.999-2 Pavt Marking Removable, White (sotid) {24'~ © If Sid painted markings (see halovr) 102.891.2 f'avt Marking Removable, Yellow (solid} {8") 15319 tf Bid painted ma€king5 {see belosV} 102.999-2 Pavt MarkEnq Removable, Yellow {solid) {8") 93€38 If Bid pzainied markings {see befoul} 102-991-2 Pavt Marking Removable, Yellos3~ {soliri) {95") 1370 if Bid painted markings {sea taelo,.<~) Ctearing & Grubbing 9 l.5 13,496.00 S 93,49b.00 f 990.4 }2emaval of existing pavemnt 378 sy 10.00 $ 3,7~J0.00 I -. Curb Removal 250 If 18.50 $ 4,825.44 920.71 Regular Excavation 1 Is 5,044.04 ~ 5,000.44 339-1 Mtsc Asp)ratt Pavemont {Stdawalk) 240 SY 900.00 $ 28,000.00 .- Misc Asphalt Pavement (Roadway) 25 5Y 925,00 5 3,925.00 __ ~18~1 +°ait•~ane Fart9ns FCc~aci, Suite 1 WefEit~~tr~s~, Flrarid~3 33~31~3 j i,.r ; q r//j Delray Beach Federal Highway Curbing SCHEDULE B (City Furnish Tuff Curb and Posts and Chat install) Item # Description Qty Unit Price Total -- Handicapped Ramp ©nme on Sidewalk pavement 4 EA 5,500.00 S 6,000.00 Storm Drainage i LS 58,100,00 S 68,500.00 b20 5 10 prairrage Structure (nnodify existing}(remove top, install rserv tap, install PVC down drain from trench grate) 2 ea 3,OO4.fl0 S 6,499.09 426.5-201 inlet, Curb Type 9 2 ea 9,590.00 5 19,090.90 425-5-351 Inlat, Curb Type P_g 1 ea 11,'-i09.9fl 5 9,590,00 430-'171-101 t8" RCP 70 if 154.(}0 5 10,544.94 436-1-2 Trench grain 132 It 175.00 $ 23,140,00 620-1.10 Cane Typs F Garb and Gutter, w! tlowable iltl base 3d1 LF 75.00 $ 28,578.00 5f40.1-2 Landscape Plants, in Pnts 4 EA 500.00 ~', S 2,©00.00 706-3 Pavement fdlarker, Re{raretisctlve 1 LS 1,193.60 $ 1,193.80 (Bi t3irectianal, WhilelRed) 159 ea 5.54 5 874.50 (Bi pirectianal, YetlowlYeilovt) 58 ea 5.59 5 319.99 Pavement markings and stgining (paint) 5 LS 16,167,00 ' $ 16,157.00 720-20-11 Single Sign Pas1(i-8~1) (<12sf} 0 as fl,OA S - 710.11-121 Painted Pant Markings, While Yatlow (6") 18,401 tf 0.50 5 9.230.50 Painted Pavt Ma~scings, White Yellav+ {$") 1,3Fi6 1f 0.75 5 5,926.00 '. Painted Pavt Markings, White Yelio~v {12") 58 li 1,00 5 59,00 710-11-123 Painted Pavl Markings, White Yellovr {t8"} 870 iF 1.75 5 1,522.50 710-11-170 Painted Pavt P,larkings, Arrow a3 ea 30.00 3 1,290.00 711-7 Remove existing Pavement Markings ,Thermoplastic 152 sf 29.04 5 3,040.00 7O7AL PROPO5AL AMOUNT $ 825,998.7D r ~1~~x ~~uiptr7artt Cn., Irt~. ~18U Fair1r117+1 i=arfns Rd. ~autte 1 Wn)1ill~tan, ~l_, 33~'1~ MEMORANDUM TO: Mayor and City Commissioners FROM: Pau! Doriing, AICP, Director Planning and Zoning THROUGH: City Manager DATE: January 30, 2008 SUBJECT: AGENDA ITEM B.N. -REGULAR COMMISSION MEETING OF FEBRUARY 5, 2008 INITIATION OF ANNEXATIONIFAIRQAKS CENTER ITEM BEFORE COMMISSION Consideration of initiation of annexation, via the provisions of the executed water service agreements and consent to annexation, with initial zoning of CF (Community Facilities} of Fair Oaks Center, located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail. BACKGROUND The property under consideration is an unplatted 5.44 acre parcel which contains the Fair Oaks Center. On February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject property as well as for the adjacent medical office and shopping center developments. During the 1980's City water and sewer facilities were extended to the development. On March 18, 1999, the Agreement far Water and Sewer Service was amended and included paragraphs, which gave consent for future annexation and assessment of a storm water assessment fee. The agreement states that the overall development will be annexed in phases with the shopping center to be annexed by March 31, 2001 (completed}, Delray Medical Center during the year 2005 (completed), Fair Oaks property by 2008, and Logo Vista property by 2011. This Annexation and initial zoning request is accompanying a City initiated Future Land Use Map Amendment from County INST (Institutional) to City CF (Community Facilities) for the property as part of Comprehensive Plan Amendment 2008-1, which has also been scheduled for initiation at the March 3rd City Commission meeting. Additional background' and analysis are provided in the Planning and Zoning Board Staff Report attached as a support document in Comprehensive Plan Amendment 2008-1. Second reading of the rezoning request will be postponed until Comprehensive Plan Amendment 2008-1 returns from State review. The estimated date for the public hearing is June 17, 2008. REVIEW BY OTHERS The Planning and Zoning Board will consider the Annexation, Future Land Use Map change and initial zoning in conjunction with it as part of Comprehensive Plan 2008-I which will be considered at their meeting of March 17, 2008 and will include the annexation, FLUM amendment and initial zoning request. RECOMMENDATION _. . By motion, intiate the annexation, and initial zoning request to CF (Community Facilities) for Fair Oaks Center. SUBJECT AREA f ~ r FAIR OAKS CENTER cirv uMlrs PROPOSED ANNEXATION CITY CF PfLRAY BEACH, FL i ~ PLANNING ~ ZDNING CEPAR7MENT MAP REF LMA-226 -- DIGITAL BASE MAP SYSTEM -- MEMORANDUM 'I'Q: Mayor and City Commissioners FROM: Joseph L. Schroeder, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: January 23, 2408 SUBJECT: AGENDA ITEM S.O. -REGULAR COMMISSION MEETING OF FEBRUARY 5, 2008 SUB-RECIPIENT FUNDING AGREEMEIVT/DIa.LRAY YOUTH VOCATIONAL CHARTER SCHOOL ITEM BEFORE COMMISSION Police Department) Coalition for Community Renewal staff request that the Agreement for Funding and Acceptance of Funds between the City of Delray Beach and the Delray Youth Vocational Charter School (DYVCS} be accepted as proposed in the attached document. This agreement provides $25,542.DD to support hiring a social worker for the DYVCS to provide counseling support for their students. BACKGROUND Palm Beach County Criminal Justice Commission (CJC) has provided $ l OO,000.DO for the City of Delray Beach's Coalition for Community Renewal (CCR) 1 Weed and Seed initiatives. CCR staff has received approval from the CJC to provide $25,542.OD of that funding to support hiring a social worker for the DYVCS. Funds will be provided by CJC to the City of Delray on a reimbursement basis. REVIEW BY OTHERS The contract was reviewed and approved as to legal sufficiency by the Police Legal Advisor. FUNDING 50UR. CE Funding is provided through the Palm Beach County Criminal Justice Commission, and available in aeeount# 115-2126-521-83.41. RECOMMENDATION The Police Department recommends approval of the the Agreement between the City and DYVCS for $25,542. A,('a~tE11~EhIT F~3iR Ft#~Ul~1G ANt3 Ar~Ci~TAtd~iM OF FNS ~~TVV~E~I 7H1 ~17Y ~'w 1<31YL1"t~Y ~~A~E~ AN~3 Ge~ray Yt~uth ~l+~catiiort~i ~hart~r 5~1~~t~1 ,January 1, ~0~~ - Septt~~?ber 3~, ~0~ THIS AG~~I~~~~3 ~~ SCR ~~1D(~~ ANA ACC~'TA~4C~ ~7~ ?J~C ~'Agreemen#'~~ entered :nta this 1e..:.,r day a~f J~~auar~. 2~~ ~#ween Ehe City ~ Delray ~3each. herernaf ~ , ~ 'ed to as "City" and C~elray 'auth ';Iocatianai ~hart~;r Schoal. her~i~after r~f~rred to as '~AEi~C`~ . `,~~~~ - a ';~ principa~ ~~^ffice lacatett ~# 1 North Ct~nrt~ess .Ave., Suite ~1r~, IJelray ~e~~~~~. F1a. °?`?~'+~ pr~4r~~ , ~~,54~ in -,:~1s prt?vides~ by the Pale Beach c:;c~r.€rrty~ Cr+rninai Justice C .r ...~;Li~;rr, =~l ~ ,t~:~ ' t;.~ , ^ ; ~:~C ~'' tc~ su~$ ~r' car%tracted C~~iray ~3each'~11eed ~ Seed prt~jeats {raw r~ofe ~..1 ~u ~:~ ~~~~ ~~ • ~_•~ f.-.r C:-~~rr~r~u~it`! ~enev~~.~l~ upi~n ttr~ #al4rawing kerraas sand GUnditi~r~s ~'he awarded furtd~ are~aliacated as f~flow~: ~25,54~ is allaca#ed~ta irrapienlenf the pC35i#ic3n c.f a ~c.ial darker irtta the Cfaarter Schaol's prograrrr. Counseling sessions wii! be provided to ttae studen'~ r~,lr~lie~! at t1~e DLAY Y~UTi~ ~-3~AT1~7NA~ C~~RTER SCCG~ {a~~tlined in ~hib~it '`A ~ ~," J,:f'.;; ary 1. 2~ #hraragh Se;~tr~:°i ,.r :3~ i~~'3 cc~raditiorra upon suta'.ssicrrt v# a ie#ter of ncrr-sup~.`~aa'tinq of funds. 1, 1Jefiraitiorts: a "City rnearas the City trf t~elray ~eaah, ~iorida b "~&S" means 1~elray beach Ylre~'d and Seo~i brow referred to as the ~oaitian far Con~m~srtity. Rone+~al or CC~j c. ..The Agency" means C7elray Yauth ~fc~cationa! Charter Schaca~ ~'I~dCS} d. "1~1A13" means the Clelray Beach CC1~ ~~eed & Seed ~Jeighbonc~~ad Advisory ward ~. P~rpase of Work: The purpose of this agreerr~nt is to stag the acrverrarats and cc~ndi#ic~ns under which ~1~C~ will irrrpier~terat the agreed urn scope of wank supported by the ailr~Caiion of award farads. The Scape of Service ir= xhibi# "A'' ou#liraes the specific deliverables. `the beneficiaries of a project funded ;ender this agreer~erat sh€~t~ld provide services to the students att~ndir~g the f~eiray Yc~ut#a tlocational C9~arter S~haai. Thy Agency shall in a sa#isfactt~ry ar~d prgper naaraner as deterraained by #fae City. perform the tasks necessary to ccsnduct the pragram outlined in this agreement and submit ir~vaices fear appraved expenses s5ut6ined in xlaibit "~+%, provided taereta and rr~ede a part heretaf. i~ayrrrera# requests and prtagramraaatic repc;rts si~auld tae submitted sirraultaneousiy. The City a€~rees try disburse payments open sie receipt of iraucaices accaraaparrir:d by the required prcagrar~amatic repasts ar~d necessary date 4,~= r'f-°~!err~~ineci by '"~ City), cavering the mon#h far R~viGh payment requested. i~isbursenaents it,+il! be a~railable af?,r:~xi^`ateiy eras m©ratta toNcwing ttae executit~n of tt`is agreerraer~t ar~d appraxirrrateiy quarterly flaereu`'~?~. ~~! services shall e perfared :~ ~ r°':,°~ner satisf~ctary to the arty. The ftd~ 9 r~ ~ ~! ,,ref exceed fhe City Parrag~:r a~prt~ve~~' d~ ~ ~ a~~>~ ~ ~;5~'~ f~~r ~~,,-~ ~~erir~d of ':~~r „ ~ 1. d~~ ~~ ~~r~ugh S~pter~tie~ lay, -?~. ~ rF ~~~ ~~ ,. ~ ., ,..~ ,~t~~~ ,~ ,:~~ ~aeCar~~n ,_. ti~ih all ;r.~. ~ ;,~ ~:`. this ~"~~r~~?rf^~r~t; ~~.~~1 .., ,,~ ~-r ~.,° _~ r - _ ~ ~ _ -. ~, ~ _.,. .. ;, n 'Si~~ :C.r:~Ct. ~n~ sut~~ert t~ tf?P ~~ ~~~! of tr°- ,. F ~'. ,~ ^fv~..,°E~P,d ~ . ~ ~ l,- a ' .`~~T~~~r. 3. 'fame of Perfarmance; fhe effeCirVe £~~~~ ~'f t~~"'S ~.~r°~ 'r,~ ?r~~ ~SIr "'i ,~~`~ and dut)eS eSlgrR~lteC~ h~~~un~e~ are Cor;tingei1f span fhe Cii)ntir~ll~'at ~~,. ~n,a=~~ ;,i ~~~ !'r , ~_ ~ tr~~; kb~tu~~e~ the (~air~~ ~3aa~h died ~ 5~~~ Prraject ~~CCF~~ ~ rj t~;~ Pal ~, ~~.ar;h County C,i r~inad Justice Cor~missic~r~. The €~~Pcfiv~ r~afe shelf ~e the date r_ f ~- ~ ~.tiort a, PhisAgreer~~ar~t, and the se~ices ~# A~~~tC?' sf~all c~r~~rr~:~r~=.,~ upon thaf date P,-,~•~~r~; ~# assaciate~ .,;7~ ;.~provatt experrses ir~~aarred as of January ~ ~ ~-~::~ ~~il! be pracessed '~;! sesvicn requi~ ~ l,..°, ~, .1- r sha31 ~ cornpieted by AGiRr~v ~°Y Sept~rr~~,ar `~ 2C~~. ~. Subcontracts: Any ward ar servsca5 subcontracted h=ar~urrrter stall 17e spaoifiCally by wriftar c®ntracf; or written agre€~~r~ent. €:~r,d shad tae sugact to ~ 7 ~ ; ~~~: ~r~'on o? this agreernent_ Proper d€urnenfatiprt in accc~rdar7 ~ :,rr~ Crty, C.' ~r';~. ~t~=.'t- .~ ~ `, ,! -.I g_,idelines and regaa~laons Mast he suf~r,~itted ~y the Agency to the ~'ity ., j ~:~ ~ ';~ f,y '~ ~ { ~-~,t f^ ~xG~tlC~n ~f aI'y Sut3CUtlfr~Ct heret~ntler. In adifi~an, al! s~b~ ~, ~ ,,~ ~i ..' ~ j: , ,;,.3~ra#. State, Cc~or?ty, antl ~ify lagvs a~cf reg-~latians. Ana of t~~ :~~.rk ~~~ : ~~~, ~ ~~.± key th~~ a~r~~rr~~r,f, Including k~at r~ ~t I rt~it~d t+~ cansultanf v~t~rf; ar sr:rvices, shall : -., "n'~ ~~.~~' csr reir?~bt~rsed ~althout the prier ~ i ~` ~ ,' '.~:~r~v~1 ®f the ~7elray beach 'v~ieect & Seed ~CC~} ~rra~: _r~~n a,~ager. 5. Rec~rd~ and Reports. fhe Agency agrees t~ provide the City propramratsc progress repori5 t6?af oratEine the Delray Yauth Oiocatiartad Char[er School program ;~.t=,, ti:s, progress made, r~ur~ber of ,~~1;ipants enralleri, prattlers encaunterec~ :-:r>d propQSed sc•;!.,t errs. Tftese reports rrrretsi ~ subr~3~ated to the ~eett ~ Seed f~ragram ~"~:;,,,;;~~f;.r ~s_ultanetaar~iy with each rnv~aice. Additionally, a final report su~azicJ results tsar the to#~ ~~r©geot perm ;academic year of January ~gg$ ~~ Sepierr~ber 2QD~~ is d;~e within 3~ days of c~rt~;eti~rr of the prpject. Payrner~fs ';iil rtc~t be released 4~vtl, _,f the suhmr5sian of the regurred ref,orts'carrrpleted a;~d aacurate} k® t~~,+: City, and asp the ~>°sc~~,';_,,: of mt~nitorirrcJ or audit firtdin•gs ~~:t~'~t-:~;ci. The ~it~y shal4 have t4ie right under this ~ ?~:~r~~nt to susraend ~ terminafe payee r'~ .= a ~~=gea~cy implies ~~~ith arry addi#aon,al c®nditiorrs that may r ipoSe~i `"r.'hr= ~3ry or t"te Palm ~r :.-:~~ ~~,ourrty Criminal Jusfioe C~rn~tss~fc;r~_ The Agency agrF~~s fo retain .~ ,rtir?g dacumerrtat~an relating to the aclivrties fGinded here~.~ ~~-~ „nd relat,~,d -~ ,ic.-~ prov€sic ~~',` ii?ie5j for a parted of three ~~~ years. dating from eptern`~~ ~ fig. 2g~t~. 6. Program•Genarated Enctam~: Alt income ~;a:~~ed ~y Agency frt~rn =~e'~~iti~s fr;~ancu,~a by Pat ~e_-:,h ~+~ur~}y Criminal Justi~~ Cflr~missi~art farads rr~usf be reparted t€ '~,~ Ci~v : ;, + ~.:_~:~ t€~ r~~~;=i~"," srac~ i „r.r~e: Agency shall reporf to the City the procedure c;~::., ed to ~ t ~;~; prr?grar incarr~r.: tQ atfsrt prraeot oasis. 8f ~r~c.;ran~ ~nt~{;~ ,::~.' ~ _~~~d ~ r~'~i?. # ir"? ,~~••2~ ?~!.'~1+~ ~! rt+rv ~ ~:;', .I,`..~ -4>f lr~~., R~~,J~rr.~gL~``t3'~~~f~~' ~~F~J agr~~en»rit, {} 1~ .. ~ j~ l 1, j 7¢ frl• ~1 .,3- ~~;~I ~ .~ c3nd 63~U ',r' ~ .'t ~rt~grat~~ i ~c~ ~~ •1 ' . - 1 .. _, . r ~~a~~s _~~ , . _ `!-~ 1:_deral =~t~~s C irG~;l~t ... G and ~tt~er ~ ~• ~ ~, ~. r~ ~~~~ ~ .1 ;= ~~ ., ~-i ae~ ~ r r• ;n ~y red. ~er~nn. QtF~er Program F~e~utr~tn~rat~ (C~v~[ Rights~R~~tid~rtt ~pp~rtureiti~s ~° _c f- ,~~ `l _• 1~r '~-~ ~ ~_ ~" Irv, t 1f_^= ~]~'s_r~~~~i `'~~1.-7 3~~. fli3tl'~~'c~! ".7 . ~ t ~~ t ,. ~ Ilu, ~ ,. ~ 1. ~ ~ ~ ..r-t ~ ~ '.~;~ CiISh; !il~ i,U~n i)n(~Yd(, _: ~ .' r 7;1: 1 ~ '{ ',.~ - ~. f :.-~tr1C;~' `.~~ ~I "~, ~?~ ~i , ~r, :~~ ~ ~'r''~..f~n~~.+ fit ~ ~ ";•.-rll I ~.i`j '~ ~! ~` • I~'IP t1 ii. rl~ht tC .-.' I" .r;?' ,I1 ~h~ ~ctan~~ i ra that re~uiret~ b~c;r~un~ -~~: ~~: ~;~; ~~~€!' €~~ ~s~nd>o~cted ~r, ~L erni~yees and v-".~ ~~~ , ~ ..:,;-, ',°•rifih youth ~r ~t!~~r ~r~at~~_. i' ._.:'~°~l~d €t~rtiwi~u~t~ >~r~t# l~~v~ such avai9at~:e f€~r t~v~:w ~~,; ir,:t (~l~r~it~ring visits. ~~ tt~~ n ~ ~.-s te~~sit~ •=~°~-r' I~>~-it~~t?m~ r~side~t~ ~~( i.-~e prt~l~~~°~t .~,:~; ~~,~all be liven c~;~~;7rtun .~.:> l~~ tra'~ ~, _, . • :-~y,~~~nt; ~' ; tc~ '~= •~I ~ ~ _: f~.:~sihl~.• 1 , . ; 1~' _ ,~ 1 ~-,r~siness concerns ir?vatt~t: ~• f 1.;~ ~atrsiar~t~a' ~:_: r -;~ r~,~ -~s ~_• cjing in ,h}~ ~, -;t ta~~„t area s~ral; k~e av>rarde~ ~;-<<., is ~ -,~, ~r~er>ti~n v~itl~ the {''' 1 '::. 8. Pudic ~t~laiior~~ R~quirerrr~nt: ~rante~s s, al! ac~n _:sr.lluq~;, t~ tfi~e extea~t t~asibie, the ~~>fee•~,. ~eedf CC~ti r j;r,.~ cl$ the ~r~je~t annn,_. f : -~_ i ~ ~~,;.._ ~:~~~I~~~a!~~rts, and Char ~~~li~ ,_':_~~~,.:tivitie~ ~f th -,:a~~rtt~~;. 9. vaEuat:ion aid 9~t~r~it~ir'rng. The Agency a~re~s t!~ar tr > f;i#y °il carry gut ~eR°ic~di~ r~~~it~rirtg and ev~luat~r~~ ~.-~ urv: {through irr-h€~use and site vi~> ~~~~i ?r~ ~valu~ti~r~s) ~s et~rr~irr~~ n~c~ss~ry k~;~ t~~ City and that t~ n~ntir=uathr~ of this actrE m„", dF ~~~~denfi u~~n satistacttary e~ra!t~ati~n c~~cllasic~ns haste an the terms ~t this agre~~r~~:nt ~ ~,~~ ~~ ,r~, ~ .vt ~ian~ied versas aclu~;l ;:Iregrass relafin t~ pr~~e~t st;hedulir,g, ~uc~c~ets. aurtit re~~i`-. sir:,, r~a~}}ip~~~'t+rn~es~rres. The ~.; ~~~~ agrees fin furnish upc~r~ re~u~st tQ t71~ C~Fy andt~~r .~rr~ L3~ii~i1I CQUn~y ~.dr~~t~i JiiJ .ci w~~~:~~~~~ ~.~~~~~ ~~ tras~ri~titrns of such r~Ct~rds ~ ~~ ~r1_~rrnati~rr ~as is deter•rr~in~d ! -;-:~ssa~ ~~ the City. ~~ Agency shah subr~i re~c~r;s a i~: i , =t5 and ~# other tires u~tt~n the request of the City, inf~rmati~;~ and status reports ~;i, r+~ . #:•y '~2e City, andi®r Palm beach County Criminal ,iustic~ Crarnrr~issi~~t can ~. approved 1 .3 ' .M c. :t:>~ ev ~~a~~n ~If said ,.~;~r~5s and to a~iovv ter cc~rnptetior r r ~ _ c:~~~:red ~f "..~, ~ ~ ., ~~~tt ~ ~:~ar'tj~ ~.~ • _ ~ , ~ ~s`;ce Ct~3[rlisSid~~3. agency shall ~ll~iwr ~~:-: t ~y nr Palm ~=~ . t ~I~:..r ~ u`rni„al J .r_~' ~1 • - ~~s,,, ;~7 t~ r~~t~~it®r Agency cn sits ,a# iea <, ~ ~ ~?I,r? Spa;°h ~ ~ ~~ ~ ''~~~ schedu ~~ ~_-, ;;,,-t, :~r unscheduled as deter~~tin~r$ t;y the Cir.~~ ~~ ~ -;' ~ '~ ~::h ~~-;ty "".,rya ~=~r' stice C~r`m~Es~i~C~. '!0. Audits grad Insp~otic~n~; At any time dur~=c n~tral ~siness h~u~~ ~ a ~ ;~ ~ ~ 1_r' ~ ~e City ~r the Palm ~~ach~ Cc~rnty Cr~~~'.n,.1 Justice Crrmnaissi~n may d~e~ taf=_;~~~.~.~ r ~;u ~ttall ~ rt~ad~ a=~ailble ~y Agency tc tree r ' ~ ~,r t~~. Palm beach Cent°~ C;ir~.;~,;i ~ ' c:;~ .<.~ ~~ ;r;iarr #~r ~xarr~inatinn all its recr~rds ~~ it'~ rF'=pr: i [:; X11 r~~alt~rs covered t ; ~- =; -' :.~ .i ' Tr;e 1~ye~~r;y agrees t~ r~:: rr,ply vrith the prc. ~~; `tit i~l_ ~~r ~ _ ~;;{ ~ ~,=1 r~ a ;-, ,j .;~, ~ ,i:~~t~a r~s to th'#~s ar~rr,,,~ ~ -,1 the City w~16 -;~ir~ ~;~. ''`",' -,. •~ t ~ :'ale a~;i:~, I~r.i~r:~~ ~t?y management ~.~t~~r. rate €n ~.: tJ?i '~ - - the catty ff?Sz ,t~3 -,~-ri_ . 11. In~rease~ ~vail~bllity: r ~~~ ~?~~ul~;~ A-1 ~~. ~~ ~~,~ ~-~33. ~n~ ~,I• ,` ~n~ fis~a( year ~. ~ r .,_ ~y this the ir~t~n~ a~~ ~ur~~s~ t ~ .~ .: -;n~- ~•. :- tc~ _....~.r tt . ~~~~il~ility ~f the ~.~en~;y services ICS hF ~,~!`,'ill~~'lit;' ~~15 ~J r!. t 1= 'll% ~'~ ~ :`t_ :C !~~~~Ce f ~J 't< d3r ~~~(° :'~ ~rC~~~tS QC i ~~:r.. "~' 'r :, !.PTt~'~ ~ _. 1, l! ,.. ~.. C . I. ~:~ (~~,'•~ ' 'iY, f ,';r -::,t~l~t3C£'S, ~~t , - . I . , r .~=,r ! - , ~f~~nn~,„< ~r .xt:,'#~ ;~!~~ ~r~Cl~r Sri ; =~rr~em--~ °t~hi~}1 i~ ncat i~ss ~h~~~ th~~ ~~ti~~ ~~i~E~~t~ :~;J ' ~n ~. ! ..~ ~~~~ ca~ : i 1 ~. Cs~n#li~t of Interest ~'rr~v-~ q , g ltl~ ~{~ ~~~ i,} ~~~'t~~"~n~ :'~ ~. Tsl ~i 1. n~_~ Qr~.~~ ~~ e~ }} } g ~~~E i{.~ ~~ i+ L~]' f'~"~~~ i~~ira~i~.~~ ni t~ ~ ~~' ~.-, :f i,~ ~ i ,!i~r ~A, ~~,r~A :~~~J3~.~ ~~J ~tt~e'r ~~+~~ I.,~~I ~i~i ~JV " cc ee n t ~ ] .:~I': :'f!;,7GJ1~I~f ~,`~e~r~~rv?e.~3 4:i~~ f~Ji it..~~dn~ ~i~ , ''t . , ~ ~:; ~ i=~ ~ :.i,.~ ~ . ~~ ~., ~ t° ...~~,• ~, i,~ ~ t ~ , _~rs~an~l fi:n~t~~;al ir~f `~s13 tfireCt r~r ir' ~ •~~- r ~ ~~_'! ,j ~t`_ _ r• - ~ ~~~t?I~ r~r~f'ia in "~r ~~n~r ~r ~~~ ~ :• t- ~ - J t ~': i . ! _ r , t ~:. i ~ ~ ~r ;~ t;t~i t ,,i ~ i~~~St ~ i i ,; ~ni. .1" i• k i. 4f ~:. i': ..I fir.',,`, _I~.. ~t t 4 , C + I -. ~~ .~ nI111.~ ~~I 5:~~~ !~r~ ~Jn tIF~ ~t'~'~ ~ ;~`' :;}~~! ~~ t~;!r- ....: ,. I~.-;•~ ~~:;nbl~ ir~~p~~+~ 1tr? .'~ utt~ry P~~.J.II ~..~r3~nt~ ~~C~i !~l,:il! ~ '~"~~ ,~ _. Ji.f-3 '.7~. .f _{; .~ / J .,~., ... ~r i~~~'t ~~ ~~ f~~~ ~C~~.~~s~ ~4 "i~ `,fir 1~~~~° ~~ ;nc~t~1° r~si~~nts ~f tie •xt~i . ,ICI ~ 13, Suspension and ~"errt~inatior~ ~f thr~ugil ~~y case t~:~ Derr , sl ;,' ` ,1 f~ flt~ll ;~'` ~t~J'i~ll~ cs~~~pfy in ~~rtf~nC~; ~~it~ 28CF~ ~~~~.~~~ in a 'irn~=Y ar p~t~~er a~r~;° t ,~-L tr _ ~,~i~!~;r ~P~ts ~gr~~r~!a~`, ~r if fh A~en~;y Bali vicJl~f~ aJ~~ ©$ the ct~ven~c~ts ~ .~L ~~~ ~;; ~':~ti~ras ~f t~~s -~~r~'~~nf, the ~~ty shill tht?r~'U;~On ~~~e ~fle, rlllt a~.{ "~_ "^'. ~`:~ + ~ <i .I! ~'i~ <3J" "tiSl,'£'nf~ ~J~"iiJw;{~o1 :[3 ~1~3C~1~' ~f ~r~ :'?~ g=vi~g ~arrittes~ ~~ntic~ t~ ,~~~.~~' ~;~' ;~~~h ~; ,at=e ~.tsnsi~~ ~f p~yr>~~nl ~n sp~rify the eff~~aive ~~fe ~f t~rrriinatl€~r~ ~r .,,~_,~;er~si~n. ~J~y time: ~~ric~ fhe t~r~ ~,~ th~~s ~t~r, ~~ ~t ;~'~- r~~rty may. ~~ its aptic~r~ end fir ~n~ res~r~, 3ermc=~t~ ,his re~m~~ . ,: _ 'ri~y " . ~.~ ~ ~~;; ~:~ .~ .x~•i#1en n~ti~~ tea the other prf~. ~p~n t ~,. ,.~~,ri~~ fc=r t ~~~, r ,, ~„ _~:_,~ ~t.:~;; •~ t ~;_ , a -J~ .,~y the ~ub~~r~~l~i~~r~t ge~c~ fir ~ aft ''i;~s:Ji ~ 5eJ gi„~'~ ~ ~ r ; ~_,; < :'-]`: ' l;' t I.; a `;-'.~ ~1C~:'C.Jf a ~tl~r Ifla.~lJ~111~ ~~3~'" ~c~~~' C3~ „~~=i~n ~~;~~ at,~r, ~. ,~ :+ ;:~ ~J ~,~ E -a~~' , , ~ r: - a ".:::-gin^e it ~t;~ortl~nce twith ~~GI=~ na~.44, ~r=. 'h~ went II~~. ~~~F~ t tc~ ;r'' t;• ~ . j.. , ~~ ~ ,fir ~7c."~ ~°`~~JJ7t~ nl ~,~' ,:-,tip ~~r~~rnissi~n is 5LiS~~~'=(je(~ CDC t~Ct~li`;3'r j ' I~ t.,.!: '!" C i":i. ~ ~ ~':ti~91~"~ ~C f~,'fCT"..!'r ~ t' . ;@t'.K' C~C1 ~h~ i~at~ the P~~~tt ash ~~Jr~~~ JiJ~~ :~, v~ss ,• .. ~:.a „~~ .:'~si~r.: sl3~cifi~s ~~1 ~~. ~~~y t, s ~<e ~;on~n~~nt . ~.., }~~t.n ~~ r~ie~s~ oaf f,~r°~!s f s„~ re~.:~'::a ~' L~~~.. la ~ ~ i'~ ~rirr~in~al J~J~ +.: ~ ~ t~ ';'zS~~~J. 14. 1ndePender~t C~niractor; A~~~l~Y ages ~~at; in ~E( ra~t~ers retatinr~ t~ ii1i5 agr~;~mentq ii~ ~riif 6~ acaing a5 ~~ iradepen~i~;ri ~.;ar~iractc~:~ anc! that ifs em~l{~~r:~s «r: :::t -city ct Delray ~actr employe an~:t are ri~71 subiect tee tti~. t;ity Pr~vsioF. ~ :t~f .~. ~;.a ,,r~,;r;~ r,.,~ t~7 pity eraptc~y~es rotative t~ ~r~€pl • ~~nt ~~arrrpel~Satit~n ar~d ~rrri~ltry~~ i~nulii~. 15. Public entity dsrres: By etiering iota ti~i5 ccar~tract car Berl rr i ~a any anrt~rK in iuri~ eraz~c~ h~reot, ~U[~t~r~t£z~ ~s~b, rr ~_.~~i~rf Ag~~cy~ c~zfi±s tf~at rt :i:: r„ ~,.;~., "-~~p~lia~~, subc_~°,ir<r~'~~rs, ~°~ ,,,ansultarrtS '~ ~€Il ~~ '.::r-~ h~rr~er have nit ~~en :, ~, ~ ;,_-, i~tr`a c~~v~„t~€t ~, ;~~~r ! „-.~ir~t~:ir:od by tie siatr~ of F°I ,•~i,a ~~parf~r~t ~f fvl~staem€~nt ' r~~;~:'~s v,FitE~in 3~ rrr€~rr~s ir~*t~~:ira#~ay larding lh~ da#~ h~*er•f ~". ;~.1$ ~. ~ ~3(~;) ~a~ rqui~~s ~f ~ r~~1i 16, Reversion of Assets: t~p~n expira'ton rat l~° ~ .~r~~:;,,";~r; they sub-r~~ipi~nt still abi€ie by all refevart regulatinns i,~rtair;ing tca federal cant fr:r~+ ~~ i•: ,t:~dirry, brat crtat li:~af~ t©; Ebe Fir~ara~ial t~cride, Cat Circular t t~, and 2~~~=R Pert ~;?0. 1'i', Cvunter~sar#s of the Agreement; 1"his ~reemt?rrf tttair~s tiff t~f thw pa~+es binding ree~n'~entatian to tam anetf~er. Any arnendreteaat ~r rr~~adi#iratiran herelca rrr~st be'ara wriliny and is ~.~r;tirrgent upcart a~pr~val fay tl~e Cify. 18. E(~#yold Ha~nless and lnde/hm},ni~{~ication G3la~sse: ~y;y ¢~± y' y~ {.~ t1('?''°3,~,,,„~(?U t~' Y~~ :~'~T~I~~ LlFC~11~r~ ~ni11 F'T] ~r'~ ItS ~E11€{P~t~'~''~. S~~s~~~~~~+73 ~Ui1Cl~nii [~~r€C~rS ~~E~ a~I~SU'!L£]I~~ pry agre~,:F ;~.: ~r~mise fe iradr~„ ~~{ end i~c~ld iaar~r~l~a5s tta~: °City°' and its ~fiicers, agen#~, servarafs, ~r emp.3ys trmrn asrci ~^alns} any and all €iatailiiy, claims, demands, damages, experrs~s (ir~cludirrg ao~'s fees;I, ts, ;€>st, ~rnes< ~Pera<~iiies, suifs, pmc.~~dings, acti:~ns and ceases of a€:iir~n ref any hind aac9 nat~rre arising ~run~, Ot it :3r'v vtay ccannect~c' w:b, tt~e €iiv;nq of an~llcar use aE said ~~ds, Agen~ylSub~reclpient: Ir~lleui Yocati~r~al charter Schtsal Signed By: '°~._. .~-::.2~.::?..~...'~.~.... Print I?~arne; .. `~~ ~ a~ €~ i ~_ ~_....c~ ~ c WITNESSES: ~?t~~l~ ~~': ATfiIeST: CI~`Y CIRRI{ ~S T~ CITY AT`~flRN1=Y ~/~~l~l~ ji~ i4 Scapa of Sew€ce ]tttrod~ctigrt DYV~S sersfes students. incl'ding exceptianr 1 ~ci~~~aticrr+ students arr ct~r;sultatian. between the ages caf 1~ and ~ uvha are ecanc~r~aically u+''-ar;t~;~r-~taged csr t.`-risk: t~f Cfr~+ppirtg atat of s~i"soae or of acaderlic failure. "the students are ref~rrr;_` t_ ,, i;;l~;~:r str a~ien;:~ r~arents, iaeai sohoc?ls. iaw enforcement. p~ai~iir, defenders. prairsatr~,n ~ ~ :, !L@dge~ a ~~~:ar csty grid co~nn~unity iead~rs. Tl~e students andlar tl~err parents or tei_, ~ ~:Mans roust be residents cif ~'a9rrt ~3eact~ ~a~.+nty, ~Eatida ~1YVCS pravides an irtc4ividualized academic plan far each student that enatales rapid skill rernediat~nn a5 ti~aell as ccart~prehes~sive pr•~parati~r~ fat a high Schaal d=}~lama or a G~l~ ~xt Caption prplcma. In addition. D1'vC~ ~~:'% ~~,~•s autarr~c~tive vc~c=~ti~.~~nal trar~in and er~€plcayahiiitY skid training e~abiirrcd students to er~`er ~t•c; warkfprce as ~~are ,,ply m~~K<.•table and with a ~lesirabhe incarne potential. ~ambiri-~~~ :;i r~~ ~~~r~rty 4es~aurces'~,h ~ hfe Faris ~~~rrioui~~m CJYOlCS assists students in de±relap~r~ ~•~,Tsanal attitudes. oais: and c~b~ctives that enable each student tca achieve his ar her newiy defined €i~d~vidualizet oals- Delray Youth Vocational Charier ~c:f~._;~:nE's a:~derlyir~g p~~rpc~se is to provide acatferr~ic res7tediation and a~;hieverent. life ~ sw; l ~ ;~_~s2ruciion, vocatis~nal training, and family 5tappc~ri and assistance tra students afi Pairrr E3eact~ ~ .,..anty wha are ecanasr~ically disadvantaged arrd wl~a have rtot been s~:~ccessful in the r~arr~ ~ .-,:1r r-::'.. Et anal setting. fur ~chaai carves stL3clerats aged ~6 to 2 i aptly dest;ribed by the ~~::=i'~~.5 ~:i;~;~r^•tion ~;f those elic~it~le far dreapaut prevetinr~ and acaden'€ic interverrtiarr ~;Sectio?~ 1~~ '~ ~U of the f=ior:da Statutes), These stucter€is i~av~: i~nsucoessfs.~l aoader~2ir hrstc~ri~s, excessive at~sences ar habitue! CruanCy, a~r histarleally di,ruptive behav~t~r. Outct~me N1ea5Ure5: social en~~rrker wilf s~:ruice between `~-.n ar~d twersty students. • Students will receitre ore hater ~:# ~r~:-~rvidual counseiig per week. • Social worker will wcarlt with fart'riE~es on ar5 as_needed basis. • G~'oup counseling arrd activsties among students receiving services will be irr~plemeriCed to a55iSt ~tuder'tts' cQrT~tt'1°ii.iriiC~tiUr1 ar'~# ~apirtg skilis ~f`~Uf~g their p~efs. ~TO{'~t"3t31 ~E1>C3t'LS The agency agrees to provide tt~e pity with pragrar~7rr~atia progress reports that autlir~e C~elray Youth Vocational presgrar~ aatir+ities, status of autoarr~e rr~eastares, nu~t~er of participants enrolled: problerr~s encc~c~rstered as well as tie prci~rss~:d sc~lutir~r,s. These repesrts must be submitted to the ~~~;;eed ~ Seem l~rc~grarrt ~llar~ager sirnultanec~usly with each fir~ar~~:ial reirrtbursen~ent request Additir~rsaily, a final rept~rt st~r?~ra~ari~ir~g results ft~r tl~e aCadett'~iC year (January 9, 208-August age 2CJ-~~} is dt~e by September ~€}, gC~~3. Reirnburserr~ent payrrmertts wi1S not be released without ttae suk~rnission raf the required reports ~cort~pleted and acc~rate~. failure to submit the final repsari will jeopar~ii~e future requests far `,a~~.~iir, ~ra~ram Bc~cit~et ~CtCF~,M('~Ie]]e~p~~1 !)ap~~~i//~~(yy]]r1~~®s?1dt'tc~ tar•cryvit~~~Tt1~2~5~#,-~c-f~~arS ~~?..~ ri~<M«M1:~~~-~: ~.irtgyyr~~ nc4Yy~hti~3ia;~>~ct~~teaamM. ~y~V1ryL.C5!~.~]dp!~3~jt~ 34~~, ~~> ~ 4tw~ st~zierat L+V~l r3~1,.3F1 i{~ ~1 VrKJS E 9. ~~~~.1J YYfI{ d,~ ~l1 t8Y3~,. ':~'(~ S{E t ~ 1 i,Slrii~L+rJ 4.F f iC.i FL bCF~i~ C:iP 3~.7 wile be di~p~rSeci ~ubs~gtge:~t tta tt?~ r~~ei~t ~y tb iJ~lr~y ~,a:;b C;,C~2/',111~~d ~r?ti S~~d l~rc3t~r~r~n ~Vl~n~ger ref the pr~gr~rnrn~ti~ r~~;ort be~~rib~t~ ~b'~~~ ~Cont ~aii~ ~ tin~~i~i~ r~sr~bur~~~~~~~t r~qu~st. RBI@v~n' ~a;~~QCx ~~ .'.-;?;~+~c~n Dili b~ ~ :l:l~':~f. ~- ~- OelrayYouthYocationalCharterSchool ~'c-rit~~a ,~s~~i~~°sc~.r~ I7~-lr~~r~ ~'~i~uil~ ~,'~r~:~ttit117~i €~~~~F~~i~ttlt(~l' :~u~sa~tit:: its; ~.r~,~~~~.~1 ta) ~,~'~~~;~ ar~~t `~i,~~ll i~,r ~;~~.~~~ t« ;;~{~~<~€°t ~h~: ~t~i0~la7~~~r~~~~€i~~~~ s>t ,~ ~~~;i~~l ~rz~r~;~r ~~5~i€r~=~ ~t7tc~ its: ~ , ~:,=~~~. ~'lu~n~° ctit`I:?~`~''C°~'~ ~t~ic~e-~71~ ~~~~sGri~:-r~~~~ ~~r;~t>t~s~l ~i ' ,~~K ]e ;.;_-,r~~ ~':~,~t ~~s ~n°~~~~~~~ tl~~ ~~~~c~ fi7r itt:a(~t 311 f'~'~17ICC~1`dti(.:Pt1, L~.€`~.)~)#~341~ 3°i~S)-';~~"L'_ ~)T l~ti t~: ;,FCC'. i•1~' ~~i;'Yta[,`i3L9V5~ ii'i2${~~j1,~.'. ~~Lil` ~~'~1~~T1~`i ~~rf~~~ cjr~.a~~~_~l~c>Fgcsl ,:~f€f ;~~m~~ d~~.~~°~--. E .,~.,~~ ~ ..:~_~1: ~ig~~~rec~ ~~~~cal~~~ €~~ .. .~,~r;e$~~~ER, ~~ ,._: ~it~ ~~~tL~~~~~a_ k3~st<,~'i"~,; ~ i,, :,~i~~~~3~t: , .~~~~~i°~° ~"~;•lfc~5~s~l~cti~°i E~z-4~<~~~ic~~~ ,,,•,r .-~:,.ir?~ ,r ~~.::,;-_,~ ,~~l~e aiii~~~ t~~ ~~>r~,~~is~e ~s 1!~<~irti~Ci ~°~~~€o~c~$car, 1~~~r~i~xtr e~°it~a c.li~~~t~ ~~~~t.tlir~+~ ~~~i;i~~.:~~~ ~~~~~o~°~~r~~; ~u~t~ ed'a:ii~:zx1 illit~r~~~~° a~7 .~ii~~i€i~ts ~~~ ~~ ~~~i~~~ r~ts~~,i ~~~'c~i~c~ ~,,~~i~~.. ~a°i~u~~ 4,~~i~i~ ~ai~:r ~itY~hr~t~ ~~~ ~ ~r~i~~~r~~~il ~Bf~*~~~L~. ~~,~'L ~~a~4~ ~E>r~~a~~~~~d ire ~~~~1~>a~~t~~ th ~ ~.,_,,'~~~Yti~ ~~~i~}t ~. ~~-ri. ~~}~,~r~ ~t:~~.t ;i>r (.'.t~I~51c~4,~'L€t'. isll]°Ct'~~15~'»»t i~ili} €LC~ ~Y'tf° ~.€7 L°l?CII~Aet TI~U l~ `-~~il.}~"<h'L,' ut7~ ~ - i ~71''~~ a~~i311; C}t? }"'~ {1 car t~~is }~~~c~~~~yGil. ~i~c~rc~lz°, k'rinci~~l ~~ ~ategc~ri~al i1t~v~rt=s i ~ l.~s,~i~s~~ ~c>~;~! l~'c~rKer ~~-~5 E~o~~~~ per uv~k t~ ~C~~r2~~ ~,::,.!.~~~, ' IG S4U~c;:r~CS in €ndi~~sdital. far~?ily ~na~~tar ~r~u~r ~a.~r~~li~q s~s~~cir?s ~~ ~~ ~~ €~~~d~~f E~~~i~ ~ukst~taE Total 1a~~ ~i.542 t7~J 35 0fl- $25,~42.t}~ ~~ ~'c>r;n:~ ~nr~rrsnn }let ~ :'.' ~ I ~ ~i. ~4 ~r ~~ ~~ ~~~ ~ ~. ~;_,~~ i'e~~m Ijt~sc!!", £.'aranty E~c~ic>ral.fy° t°3t,~i~;n,~te~ci C.t"Iv tiit~~, ii~rnytsr~v V#~~~a~c! ~sns~ -`~~r~ I.~a€r,~y tacaa i i'4£rbf C'z~irn gfar.~e•!'3 ~3ti lt'.7 id ~~tRi£~1 1'E3[' t:°a°is~~i~t~~~ J~~.~;t~~:.~ t:'c'~rttr~rt °",, X431 '~c~€~t~t E)li~~.:~r~€~€s~:° ~'~'c -i~~~~~~~i~sn:~ ztj~, f~€or~d~.€~~~ =,tt~~x~rt ~t~u t~~~~e ~rztt.it~~•i this: ti~;,r i~.,;~ ~~~~~° :.,;t ~,~if~st," ~+t.:^;~t:.j'33<~' ~ islj [l.:st ftan~Iir~~~. ~°_ ~]c1V~; ~~;~n ;sh'. ..r :s;-~_,~ss~rr€d~€,l~st.G. ~~1~ ~tlE3t`h 1]t£ it~~'i~ ~.X)3JJ i ?'. ij~` ~ltlT ~,~~~.'~ll~+:'.C ~~t,'.^l',Yi~T"4' iSllfil~if.Vi.'= ;.th~a~`t3S'~ (?~1€' (~::f",-~:~< Y~~€tE~ ir'c~,:~:otii>tr:~ ~'4~s~;r 4che~~a~, tx~~r~Li€~~:; u~ ~r~~~~acic: f~9~~, .:i~ ~t~,:~f c~~€-ie(€€~~c_s~i it~r ~~€~r ~~1~ ~~~'~~~~s ;3tsci ;~Ct~,~~~iiEx~l ~r~~;;r:~nt<,, ~~~~ i_?t;;~,'l~ie t~~i€~i€t~; t~~~>rt~t~~il.ic.~ 1i~r ~7t~r '..,~~~txt~~rh~~ :'~t~~~i<:e3r~ i, ~,Er,3 1~'ti.1E3~~ ~~~1~ ~:~~€~r~€~~~€7i#a' r~:~ic~ca~~~:, I~~z~.v~~=~;.r, €i~t~~ ts~ €.~ll !<~~i ~li~rT surr~+€~~~~lirt~:. ivritrrtct ~~:;~dtie~€t~ <€€~c~ ~iis~?~€r~~~~~-~i~ #~>r z~s.° O7 ~)t~ fi;~c~l ~a~:~st~~~ ~r€ is~~:r~~~ in tlx~ <~r~~i~~tii at~ta~a~i~~n t~s the:; I~~:irG~~ ~`'=~,3ih ~~ti€>~€tut ('h~~rt~r ~~~~~~I i~; r~~c€~~t:,°~. '~'h~: ~'~s~g7~€ ~~~:"a;-f~ ~'t~utll~,; C`r`itrsirt.s~ Tti t.j•r.' ~"c~tT~.nt1.,i£,t in tutu' ttv~, {?'~ €~~r~~si n,G~~r~t ~t~~tt;rle~t:~1 '~ ~r~t~~i~~.;- ~ r. ~ ttxr;'y ~~.~av~c~ ~'s~ ~i€st~'~;. ~~~~€~.~ $~r. r~=~ ~a~~~~c ~~€; ~.~.~`x$~B.iti. ~tf1 11:"t'~'i" -;;i.. iE~.~l/...:I{l~li~ 1i1~}lr)[I~. 1`L?i.~~ "`(~!c' i:{_~, ~'lta,~~ ~~~€~~iii~~ this ~u~ r~~T'€€€~ir~1 ~ t~.ai~a ~'€rr Ehe ~'it~~ ~~~'~:l~a~~• ~~c;acr~a €~~ i€~ctt~.~s~~; ih~, p~-v~c~ta.4~~ ~~lf~it~~ ht€~~,>dt e,r €e I~~ie<sg Y~~t1~ ~ff,.atit-~€7~~1 (`!~€~~rt~r ~;c.hc~~~I E~~)~'~'C'`~~ tss °-~,~t~~€°i thy, iai~~~; t~E';~ ~ar!~ rirFt, >irr;s~ ~:v,tr~.~'z` ~s€~ ~~~il~ ~rt~~'ic~~ i~~cli~i.:~€t sl ,.,~;~~ ~~rt,~€~ c;e>t~n~~I~z7s f~~r ~~t~° rLut:..rtt•, +~~tf'~.~ t~)1'~fC'~. ~~°~~~ #~c~~g,4~~1'~I i~~, ..... ;; ... ~ .,. ~' ~'c....~.. [`cs~t.lAti~a€~ t~>€ C'cs€~~~~t€nit~~ 32c,nc'wdgil ".An l~:~u:rd f~)~s~?F~s~a43rtii4t~ .'~I~ies~3a'.i~'t° i'1a'l.ti~ri F.ar~~>L>°~t'r"" :fig '^^s ~, ~ .~ .- ~: :~ °~% ~.; ~ . i' ~- ~ ~" =' "J :J ~ 3 •"'~ ~.., L~ ~.l': G.. aid •-l ~' i...: ~ _ 1.. r..7 _ -^ ~,} gal V s.w -~ - P rW '~ r ~ 'J e.. •..3 :J « W . ".J ~ .. ~ f '_. E ~E . .r ,~ 4; ~ ~ /' .~. .~ ~r+F.... J 4i+ ~ Y}~f w ..J G ~ ~ ~ ~} i~ r: b:i _ ~. ... ~ v1 ~ ti ~.+ Y '~ ;A r - ~ e ~ y t.A °.) 1~ ~ ~ :~ ~` f j '?y ~ T-. ~ ~ ^b wri f ^` _ J MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THRQUGH: David Harden, City Manager DATE: January 29, 2008 SUBJECT: AGENDA ITEM i3.P. -REGULAR COMMISSION MEETING_OF rEB..RUARY S, 2408 COMMUNITY DEVELOPMENT BLOCK GRANT St3B-RECIPIENT FUNDING AGREEMENT ITEM BEFORE COMMISS)€ON Approval is requested to execute an agreement for funding with the above listed sub recipient under the 2007-2008 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on July 24, 2007, to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2007-2008. The Action Plan contains an appropriation for public service activity and was approved by the Commission. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Community Development Block Grant 118-1966-554-82.12 RECOMMENDATION Staff recommends approval and execution of the attached agreements in order that funding may proceed in accordance with the Commission approved Action Plan for fiscal year 2007-2008. FY 2447-2008 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between C1TY OF DELRAY BEACH and FAIR HOUSING CI=NTER OF THE GREATER PALM BEACHES INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 1340 West Lantana Road, Suite 104, Lantana, Florida 33462. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD} for a grant for the execution and implementation of a Community Development Block Grant (CDBG} Program in the CITY, pursuant to Title 1 of the Housing and Community Development Act of 1974 (as amended}; and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE 1 DEFINITION AND PURPOSE Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is nat limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Rea! Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical} personal property of a nonconsumable nature, with a value of $500 ar more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. PurpOSe The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article ll of this agreement. ARTLCt_E 11 STATEMENT OF WORK The CONTRACTOR shaA carry out the activities specified in Attachment A, °Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement wick be l=ive Thousand Dollars and 00!100 ~ ooo.oa . 3.2 The C1TY will be billed by the CONTRACTOR and will disburse $1,000.00 per seminarlsession. Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Prior to receipt of CDBG funds {through reimbursement), CONTRACTOR shall submit for each seminarlsession conducted, the fallowing documentation: a. An agenda displaying the date, time, and location of the sessionlseminar conducted (the CD Division must have been notified in advance of the same, as required in the Scope of Service, item (b); b. A list of inviteeslattendees for each sessionlseminar; c. A request for fundslinvoice; d. Proof that each seminar/session was adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers/invitationslnewspaper ads, and a narrative of other efforts made (activity report}; e. A grantee performance report generated far each seminar showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. 2 ARTICLE tV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2007, to September 30, 2008. ARTICLE V SUSPENSION AND TERMINATION 5.1 TerminationlSus erasion of Pa mentslA reement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. if payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resump#ion of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c_ failure to submi# reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions khat may be imposed by HUD. 5.2 Termination for Convenience of C_jiY: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. if this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination far Convenience of the CONTRACTOR: At any time during the term of this Agreemeni, the CONTRACTOR may, at its option and far any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon terrr~ination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ART#CLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG #unds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the GONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRAGTOR use program income #o pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program far the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal State Coun and CITY Laws and Re ulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination vn the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.l_ 94-163) which requires mandatory standards and policies rely#ing to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act {ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described iri 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's envirnnmental responsibilities described at 570.6x4, and 4 b_ The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CPR part 52. 9.2 Opportunities for Residents and Civil Rights Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest fieasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitorin :The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation andlor renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based an the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit argan'szatians that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audi# conducted in accordance with DMB A-133, although their records must be available fiar review. These agencies are required by the CITY to submit reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted .period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later #han six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement- 9.5 Uniform Administrative Re uirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for 5 Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" {a list of allowable and unallowable costs appears in Attachment 13). c. Applicable provisions of 24 CFR 570.502_ 9.6 l_obb in Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or wilt be paid, by or on behalf of the undersigned, to any person for influencing yr 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 awarding of any federal Agreement, the making of any federal grant, the making of any federal- loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any #ederal Agreement, grant, loan, or cooperative Agreemen#. The CONTRACTOR shall disclose to the CITY if any funds other 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 Agreement. 9.7 Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. information an Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 17x1 {Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatesk extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance far housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, i# any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the 6 qualifications #or each, and the name and location of the person{s} taking applications far each of the positions, and the anticipated date the work shall begin. d_ The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable prevision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 GFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice nr knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1 } after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulatinns of 24 CFR Par# 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, cIo the Community Improvement Department, certificate{s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the COIVTRACTOR's control that was acquired ar improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a_ Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.2118 for five years following the expiration or termination of this agreement, or far such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any.proportianate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR'S control that was acquired ar improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. Ali reaE property purchased in whole or In part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be 7 met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable persona! property purchased in whole ar in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, in#ormatian on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of -this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due io unearned funds ar costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration ar termination of this Agreement shall be re#ained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation ar to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 ReneQOtiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renego#iate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State andlor CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive_ The CITY may, far good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in .writing. Any .waiver shall not be construed to be a modification of this agreement. 8 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the C1TY, to the City Manager for determination. The Gity Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 lndemnificatian: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, iNC. By: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of , 2008, by ,who is personally known to me. NOTARY PUBLIG Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: 9 Mayor ATTACHMENT "A" SCOPE OF SERVICES The mayor focus of the Fair Housing Center of the Greater Palm Beaches, Inc. under this Agreement will be to provide a minimum of five (5) Housing Industry Provider 1 Community Education Sessions for residents of I]elray Beach, including school-age children and community organizations, upon the following terms and conditions: a. All fve {5) seminars and sessions will be accomplished during the effective date of the contract period (October 1, 2007 through September 30, 2008). b. Each seminar or session will be conducted following notification of the Neighborhood Services Division regarding date, location and the submittal of supporting documentation (i.e. flyers, marketing tools, advertising efforts, etc.). c. Each seminarlsession must be adequately marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness {copies to be submifted to NS Division prior to seminarlsession). d. Reimbursement of expenses will be provided upon completion of each seminarlsession, at the predetermined amount of $1,000.00 per seminar/session, with the total maximum reimbursement not exceeding $5,400 (for the five seminarslsessions). e. All seminarslsessians will be open to participants, free of charge f. The Fair Housing Center of the Greater Palm Beaches, Inc. shall provide: Community Education Sessions for civic organizations, community based agencies, social service providers andlor schools within the municipal boundaries a# the City of Delray Beach. These sessions shall be designated to educate the public and protected classes #o identify incidents of discrimination in housing and to gain an understanding of the means to find remedies, to seek redress and relief. Sessions are #o be conducted citywide on an ongoing basis during the program year. A minimum of three (3) sessions shall be conducted during the period beginning October 1, 2007 and ending September 30, 2008. One {1) of the sessions will focus on the education of children about housing discrimination. 2. Housing Industry Provider Education Seminars for developers, real estate brokers, property managers, financial institutions, and the rnedialadvertis'rng industry. The seminars shaA provide information on fair housing laws, Community Reinvestment Act regulations and affirmative marketing requirements. A minimum of two (2) seminars shah be conducted during the period beginning pctober 1, 2007 and ending September 30, 2008. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-12Z -1TEM OF COST OMB A-122 tNON]?ROFITS) lJnallovJable Allowable Advertising ~ Bad debts '~ ~ Bonding ~ Communication ~ Compensation, personnel services Contingency provisions ~ Contributions (to others} Depreciation, use ahowance '~ Donations (from others} `~ Employee morale, health, welfare ~ Entertainment ~ ~'~* Equipment Fines, penalties '~ ~ Fringe benefits Fund raising, interest, investment management Idle facility, idle capacity ~ Insurance ~ indemnification Interest ~ Labor relations Lobb ing ~ Losses on other awards Maintenance, repair _ ~ Materials, supplies ~ Memberships, subscriptions, professional activity Organization costs ~#* Overtime, shift premiums '~~ Page charges in professional journals {research} ~ Participant support costs ** Patent costs ~ ~ Pension plans ~ Plant security Pre-award costs *} ~ sional services Prafes _ Profits, losses an asset disposition ~* Public information service ~'"~`* Publication and printing costs ~~`*" Rearrangement, facility alteration ** Reconversion costs Recruitin ~~ Relocation Rental _ * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. **' Allowable only as a direct cost with permission from the CITY. ATTACHMENT ugn ITEM 01= COST , OMB A-122 . NONPROFITS :.Unallowable Allowable .. Royalties, use of patents, copyrights ~ '~ Severance pay ~ Specialized service Facilities Taxes ~ Termination-related costs Training, education ~ ~ Transportation ~* Travel * Allowable under limited circumstances. "* Allowable only with prior permission from the CITY. *"* Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C° INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering al[ employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operaiions and Conicactual Liability. This policy sha11 provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shat[ be ($1,040,000) per occurrence, Combined Single Limit for bodily Injury Liabiliiy and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty {30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodiky Injury Liability and Property Damage Liabiliiy. This coverage shall be an "Any Auta" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his ContractlAgreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: 'J MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: January 29, 2008 SUBJECT: AGENDA ITEM S.Q. -REGULAR COMMISSION MEETING _OF FEBRUARY. S, 2808 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-RECIPIENT FUNDING AGREEMENTI'1.E.D CENTER ITEM BEFORE G4MMISSION. Approval is reyuested to execute an agreement for funding with the above listed sub recipient under the 2007-2008 Community Develapment Block Grant (CDBG) Program in partnership with the CRA. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on July 24, 2007, to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2407-2008. The Action Plan contains an apprapriatian for economic development activity and was approved by the Commission. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. The CRA has agreed to provide matching funds in the amount of $30,000 to the TED Center in support of costs incurred by participants in the Business Incubator Program. The total contract amount is $55,000 and the City will be responsible for administering funds and contract compliance. FUNDING SOURCE Community Development Block Grant 1 i 8-196b-554-83.01. RECOMMENDATION Staff recommends approval and execution of the attached agreements in order that funding may proceed in accordance with the Commission approved Action Plan for fiscal year 2007-2008. FY 20D7- 08 COMMUNITY DEVELOPMENT BLOCK GRANT AGRi=EMENT Br=TWEEN THE CITY OF DELRAY BEACH, THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE CENTER FOR TECHNOLOGY ENTERPRISE AND DEVELOPMENT INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred #o as "City," the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "CRA", and THE CENTER FOR TECHNOLOGY, ENTERPRISE, AND DEVELOPMENT, INC., hereinafter referred to as "the Service Provider," having its principal office at 401 West Atlantic Avenue, Suite 49, Delray Beach, Florida 33444. WITNI=SSETH: WHEREAS, the City has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the City, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the City desires to engage the Service Provider to provide management and technical assistance through the Business Incubation Program to eligible Delray Beach business owners; and WHEREAS, the CRA agrees to give matching funds to be utilized for residents and businesses located within the CRA's district in conjunction with City CDBG Funding subject to CRA Board approval. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program- 12 THUD" means the U.S. Department of Housing and Urban Development. 1,3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program lncome° means gross income received directly generated or earned from the use of CDBG funds, Program lncome includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-[ncome" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property„ means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real properly. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal properly of a nonconsumable nature, with a value of $800 or mare per item, with a norms! expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 1.8 Business Incubation Program Definitions: a. "IVew Business Creation" is a business that was not incorporated or that was listed as "inactive" by the State of Florida's Division of Corporatiens for more Phan one (1) year and that was createdlincorporated under the guidance of the Incubation Center to create the right business conditions to start operating. b, "Business Assistance" means the provision of incubation program services to individuals 1 entrepreneurs, affiliate companies and tenant companies, either by in-house resources or through the Business Incubator network or service providers. c. "Active Agreement" is an incubator agreement between a client and the Service Provider that has not expired. d. "start-Up Business" is a business that has been in operation for less than one (1) year. e. `'Existing Business" is a business that has been in operation for more than one (1) year_ f. "Affiliate Company or Protegee" is a business that has signed an incubator agreement to participate in the incubation program and that is not renting incubator space. The term protegee is used exclusively by the Service Provider. g. "Eligible Recipient" is any resident andlor business within the CRA district andlor within the two (2) target areas illustrated in Attachment "D" attached hereto. 2 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the Service Provider will implement the Statement of Work set forth in Article ll of this Agreement. ARTICLE I1 STATEMENT OF WORK The Service Provider shall carry out the activities specified in Attachment A, "Scope of Services." The CR,4 funds can only be used for residents andlor businesses located within the CRA's district, and the CDBG funds can only be used in the two (2) target areas within the City of Delray Beach as illustrated on Attachment "©" attached hereto. In any case, the funds shall not be used to acquire, improve, or maintain property. ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the City (contingent upon receipt of 07-08 CDBG funds) under this Agreement will be up to Twenty-Five Thousand Dollars and 40/100 ($25,440.44) and the maximum amount payable by the CRA under this Agreement will be up to Thirty Thousand Dollars and 041144 ($34,000.40). if any of the Fifty-Five Thousand Dollars and 001144 {$55,440.44) allocated under the annual contract has not been encumbered prior to September 30, 2448, then the unused portion must be returned to the City andlor CRA. The Service Provider shall not charge the Client under any circumstances far services paid for by the City or CIA listed in Attachment ~~A~~ 3.2 The City will be billed by the Service Provider on a monthly basis. Payments shall directly reflect costs incurred by memberslparticipants enrolled in the business incubator program. Invoices must be received by the 15~' of each month for paymen# to be made in the month in which invoice is submitted. The City shall administer both CRA and CDBG funds. The CRA shall provide fifty percent (50%) of the annual allocation to the City by the beginning of the fiscal year and the balance shall be remitted to the City by March 1 of the contract year. 3.3 Prior to receipt of CDBG funds, Service Provider shall submit the following documentation na later than the 15~' of each month covered by this Agreement, in a format prescribed by the City and CRA: a. Monthly Client Activity Summary Sheet. b. Service Provider shall maintain on file information regarding race; and zip codesltarget area census for each beneficiary served. 3,4 A monthly report shall be provided to the CRA which shall include the funds which the Service Provider expender! and the services provided by the Service Provider. 3 ARTICLE IV TERM GF AGREEMENT The term of this Agreement shall be from October 1, 2007, to September 30, 2008. ARTICLE V SUSPENSION AN17 ~`ERMINATION 5.1 TerminationlSus erasion of Pa mentslA reement for Cause: if through any cause either party shall fail to fulfill in timely and proper mariner ifs obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party sha11 thereupon have the right to terminate this Agreement or suspend payments in whale ar in part by giving written notice of such termination ar suspension of payments and specify the effective date of termination ar suspension. If payments are withheld, the City andlor CRA shalt specify in writing the actions that must be taken by the Service Provider as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG andlor CRA funds, b_ failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination far Convenience of Ci The City may terminate -this Agreement without cause at any time by giving at least ten (1t7) working days notice in writing to the Service Provider. If this Agreement is terminated by the City as provided herein, the Service Provider will be paid for allowable services performed under Article li of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of CRA: The CRA may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the Service Provider. If this Agreement is terminated by the CRA as provided herein, the Service Provider will be paid far allowable services performed under Article 11 of this Agreement anti! the effective date of the termination. 5.4 Termination for Convenience of the Service Provider; At any time during the term of this Agreement, the Service Provider may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the City andlor CRA, Upon termination, the Service Provider shall be paid far services rendered pursuant to this Agreement through and including the date of termination. 4 ARTICLE VI RECORDS AND REPORTS 6.1 The Service Provider agrees to retain supporting documentation relating to activities funded by this Agreement for a period of four (4) years after the termination of the Agreement. 6.2 The Service Provider agrees to submit upon request other documentation which may Eater be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The Service Provider agrees to expend all funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the Service Provider and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the Service Provider use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program incorne by the Service Provider shall comply with the requiremen#s set forth at 24 CFR 570.504. ARTICLE Vltl PUBLICITY The Service Provider shall ensure #hat all publicity, public relations, advertisements and signs, recognize the City, CRA and the CDBG Program for the support of all contracted activities. The use of the official City andlor CRA logo is permissible, but ail signs used to publicize City1CRA contracted activities must be approved by the City1CRA prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal State Count and Ci Laws and Re ulations: The Service Provider shall comply with applicable provisions of applicable federal, state, County, and City Paws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The Service Prov[der shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, nr national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination an the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, ar national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. 5 The Service Provider shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the City andlor CRA. The Service Provider shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The Service Provider shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The Service ProviderlCRA does not assume the City's environmental responsibilities described at 570.604, and b. The Service PraviderlCRA does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 O ortunities far Residents and Civil Ri hts Com liance: The Service Provider agrees that no person shall an the grounds of race, solar, national origin, religion, or sex be excluded from the benefits af, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower`-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitorin :The Service Provider agrees that the City andlor CRA will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation andlor renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The Service Provider agrees to furnish upon request to the City andlor CRA and malts copies of transcriptions of such records and information as is determined. necessary by the City andlor CRA. The Service Provider shall submit on a schedule set by the City andlor CRA and at other tunes upon request, information and status reports required by the City and/nr CRA to enable the evaluation of said progress and to allow far cornpieiion of reports required of the City andlor CRA by HUD. The Service Provider shall allow the City andlor CRA or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the City andlor CRA or HUD. 9.4 Audits: Nonprofit organizations that expend $500,QOQ or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with 4MB A-133, although their records must be available for review. These agencies are required by the City andlor CRA to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than twelve (12} months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on, A copy of the audit report must be 6 received by the City andlor CRA no later than six (6) months following each audit period. The Service Provider shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the City andlor CRA pursuant to the terms of this agreement. 9.5 Uniform Administrative Re uirements_ The Service Proviider agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the City andlor Ct3A under this Agreement. The Service Provider is required to comply with the following uniform administrative requirements: a. Specific provisions ofi the uniform administrative requirements of OMS Circular A-110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations.° b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of akiowable and unallowable costs appears in Attachmen# B). c. Applicable provisions of 24 CFR 570.502. 9.6 Lab~ing Prohibition: The Service Provider shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, ka any person far influencing ar attempting to influence an officer or employee of any agency, a Member of Congress, an officer ar employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The Service Provider shall disclose to the City andlor C4~A if any funds other 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 Agreement. 9.7 5ectian 3 Requirements: The Service Provider agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information an Section 3 is available from the City upon request. The Service Provider shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1966, as amended, 12 U.S.C. 1701 {Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HU©- 7 assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of MUD assistance fior housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. c. The Service Provider agrees to send to each labor organization or representative of workers with which the Service Provider has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the Service Provider`s commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and jab titles subject to hire, availability of apprenticeship and training positions, the qualifcations for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The Service Provider agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the sub Service Provider is in violation of the regulations in 24 CFR Part 135. The Service Provider will not subcontract with any sub Service Provider where the Service Provider has notice or knowledge that the sub Service Provider has been found in violation of the regale#ions in 24 CFR Part 135. . e. The Service Provider will certify that any vacant employment positions, including training positions, that are filled (1} after the Service Provider is selected but before the contract is executed and (2) with persons other khan those to wham the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the Service Provider's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, #ermination of this contract far default, and debarment or suspension from future HUD assisted contrac#s. 9.8 Insurance: The Service Arovider shall furnish to the City, clo the Community Improvement Department and the CRA, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property:- Any real property under the Service Provider's control that was acquired or improved in whale or in part with CDBG funds received from the City in excess of $25,OOg shall be either: 8 a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part X70.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the City; or b. Not used to meet a CDBG national objective, in which case the Service Provider shall pay to the City an amount equal to the market value of the property as may be determined by the City, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the Service Provider's control that was acquired or improved in whole or in part with CDBG funds from the City for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the City. Ali real property purchased in whole or in part with funds from this and previous agreements with the City, or transferred to the Service Provider after being purchased in whole or in part with funds from the City, shall be listed in the property records of the Service Provider and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address ar location, owner's name if different from the Service Provider, information on the transfer or disposition of the property, and map. The property records shall describe the programmaiic purpose for which the property was acquired and ident[fy the CDBG national objective that will be met. if the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the City shall be listed in the property records of the Service Provider and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cast at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The Service Provider shall obtain prior written approval from the City for the disposiiion of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the Service Provider pursuant to the terms of this agreement. The Service Provider shall dispose of all such property in accordance with instructions from the City. Those instructions may require the return of ail such property to the City. CRA funds shall not be used to acquire, improve, or maintain property. 9.10 Reversion of Assets: The Service Provider shall return to the City and/or CRA, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the Service Provider by the City andlar CRA. The Service Provider shall within thirty (30) days of expiration or termination of this 9 Agreement execute any and ail documents as required by the City andlor CRA to effectuate the reversion of assets, Any funds not earned, as described and provided for in OMB A-122, by the Service Provider prior to the expiration or termination of this Agreement shall be retained by the City andlor CRA. 9.11 Conflicts with _Aaplicabfe Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.fi2 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the City andlor CRA determines, in its sole and absolute discretion, that federal, State andlor City andlor CRA revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The City andlor CRA may, for good and sufficient cause, as determined by the City andlor CRA in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests ,from the Service Provider shall be in wri#ing. Any waiver shall not be construed to be a modification of this agreement, 9.fi~ Disputes: In the event an unresolved dispute exists between the Service Provider and the City andlor CRA, the City andlor CRA shalt refer the questions, including the views of ail interested parties and the recommendation of the City andlor CRA, to the City Manager for determination. The City Manager, ar an authorized representative, will issue a determination within thirty (3.C1) calendar days of receipt and so advise the City andlor CRA and the Service Provider, or in the event additional time is necessary, the City wiH notify the Service Provider within the thirty (31]) day period that additional time is necessary. The Service Provider agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the Service Provider shall indemnify and hold harmless and defend the City andlor CRA, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the Service Provider, its agents, employees or officers in the performance of services under this Agreement. 10 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals on the day and year written above. WITNESSES: THE CENTER FOR TECHNOLOGY, ENTERPRISE, AND DEVELOPMENT, INC. Print Print STATE OF FLORIDA COUNTY OF PALM BEACH By: Print Name: Title: The foregoing instrument was acknowledged before me this _ day of 2447, by ,who is personally known to me or who has produced as identification. Signature of Notary Public 11 ATTEST: City Clerk Approved as to form: City Attorney ATTEST: ~ ,. +J~ ~ v~ Print Name: i~J.~ CITY OF DELRAY BEACH, f=i+ORfDA fay: Print Name: Ti#le: DELRAY BEACH COMMUNkTY REDEVELOPMENT AGENCY ~y:~ ~. ~ Print Name: i2~ r Title: '[ 2 ATTACHMEhlT "A" SCOPE OF SERVICES The major focus of The Center for Technology, Enterprise, and Development, lnc. under this Agreement shall be to provide management and technical assistance through the Business incubation Program to eligible business owners or prospective business owners whose businesses are located, or will be located, within the established CDBG Target Area or CRA District of the City of Delray Beach. The TED Center shall utilize the reporting tool provided by the fVeighborhood Services division which includes census tract information for all clients served under the program. This will serve as documentation that all clients either reside in the target area or whose business is located within the target area (address which appears on business license shall be used -- use of TED Center leased space address will be evaluated an a case by case basis). Eligible businesses or individuals participating in the Business incubation program shall receive services which will be reimbursable by the City and/or CRA. This shall include hands-on management assistance, access to fnancing, access to equipment, flexible leases, expandable space, education and workshops, full benefits of the business incubatorlaccelerator membership, office services, training and development and technical assistance. The Service Provider shall not charge the Client under any circumstances far services paid for by the City or CRA. The following lisf of services are eligible for reimbursement once rendered and completed: TED Center 2007.2008 Attachment "A" Scene of Senrrr_w ~r".gvier Prog~ ,~,BuBineSS t i b r '~;~~`~~~'~ ~3~ti ' ~~! ~.__:. . ~ : ~«~ ` ~~ ~~~~~ ~~ ~ " tKr r,~; ~ -~ ~ n ~"~~ r ~u a o 4 ,~-~w..,• . ~~r °~,~ ~ ~-: ,..x_ n.~~,_.. , ~a, y ~- s.~.~~~_ .k, Se~vlc~~~~~ ~~ -''~- ~t--.~~~~ . u_ .... lfn# ~`~.~~ ~ - '~ ~"nY~^-y ?`x Fee .,,,~ ~ tn~ ..-:~cq"-~`~`k'~.'~~ CrfytCl~ Pd' S 75% °~. C{~eeGPays ~' 25% ~~ '~ :. ~ Descriptio~rq~Seryi ~~ ,,..;.-Y.~. rE~,F~~--~ ,: ~trcr~ , _ TED Center Membership and Each $825.00 .5618.75 $2Q6.25 Fee trrcfudes one calendar year Assessment Fee of the following services listed below as needed by ctsent Assessment Included $0,00 SD.OD Concept and Planning _ Incuded ~ _ __ _ 50.04 $0.00 Sessions including counseling sessions when requested, mentaring, telephone consults when requested, document review, editing, periodic case review Market research, marketing Included $0.00 $0.00 analysis and planning, sales plan design and analysis Review and evaluate persona] ]ncluded $0.00 $0.00 finances _ Review and evaluate business !ncluded $0.00 $D.00 ro sals Site selecfion advice and !ncluded $0,00 $0.00 evaluation Assistance wl rent included $0.00 $O.DO n otiations On-site business inspections Included $0.00 $0.00 _ _ and evaEuaftons Com uter Research Included $0.00 $0.00 Meefin swish Staff included $0.00 .OD TED Center printed articles, Included $D.00 $O.DO handouts and materials Ten Basic Steps to starting included $O.OD $0.00 our own busiess Personal Bud et tncluded $0.00 $0.00 Business Bu et Included $0.00 $0,00 Personal Finance Statement tncluded $0.00 $O,OD Cammarcial l.aan Checklist tncluded $0.00 $0.00 Fundi Pack a Included $0,00 $0.00 Business Plan Pack a Included $0,00 $0.00 Prepare Corporate, LLC or Each $235.00 $17fi.25 $58.75 State filing fee is additional Floridablot-for-Profit Documents Fictitious Name Registration - Each $235.OD $176.25 $58.75 State tiling fee is additional if necessa Obtain Federal Employment Each _ $35.OD $26,25 $8.75 State filing fee Is additional ID Number_-_ Registration as Sub-Chapter Each $35.00 $26.25 $8,75 "5` Cor orafron Obtain Florida Sales and Usa Each $35.00 $26.25 $8,75 raxlD Obtain D&B Number Each $10.Q0 $7.50 $2.50 Marketng Plan - Each $300.00 $225.00 $75.00 Market Research is 11Z of the fee City of Delray Beach Each $35.D0 $26.25 i$8.75 City fee is additional Occu ational License , Palm Beach County Each $35.00 526.25 I $6.75 County fee is addilionaE Occu ational License Corporate Kit Each $125.OD $93.75 __ _ $31.25 Obtained from 3rd party. Contents to be conformed by TED Center. SBA 8(a) Application and Each $1,000.06 $750.00 $250.00 Certification ncess Campleteapplicationand Each $1,OOp.06 $750.00 $250.06 IRSwillchargeclientadditionai apply for IRS 50t (c}(3) status $700,06 fee Registration with the Palm Each $475.00 $131.25 $4375 Beach County O3fice of Small Business Assistanw __ Registration with the State of Each $175.66 $131.25 $43,75 Florida, Office of Suppller Diverei 5keieton Kit Each $385.06 $288.75 $96.25 Used for Business Plan, Funding Package, Investor Package, Grant Package, O56A Certification, SBA 8(a) Certification, 5BA Loans, Florida Office of Supplier Diversity Certificatiors and ail other Certifications, etc. Preparation of Business Plan - Each $750.00 $562.50 $187.50 basic tea Preparafion of Funding Each $756.00 $562.5D $187.50 Pack e Prepare and submit GSR Each $750.D0 $562.50 $187.50 _ _ Certifcation A iication RENT (Large Office) Only n 1 $1,560,00 $750.60 _ $756.00 Will only invoice up to 50% not to client exceed 750.00 RENT Small Otfioes) Only 2 $700.00 $350.00 $35D.D0 Will only invoice up to 5D°,b not to new cifenls __ exceed 350.00 Shared Space 1 $3D0.00 $150.00 $150.00 Will only invoice up ro 509'e not to exceed $150 ,. ~ e ~ N ' ~~~p f., ~ lilf'II~IILIF W.1N~,~ 4~1L1 ..p,~~iT... St... ' j S~ '~ ~ ~'ervace ~, ~ tlnlf ~ e `~ ~ ~ - '~"2e ~ Cli' t a~s~; ~c.~ptrort of Serve a . .. , ... .,: . ,. rm ~. A11 of the toltowing classes are 1 and a 1l2 hour The Very Basics of Business Ciass $15.06 $11.25 $3,75 Obtaining Funding for your Class $15.00 $11.25 $3.75 Business Lendin Basics Class $15.00 $11.25 $3.75 Credfi Counseling -improving Class $15,90 $11.25 $3.75 our credit Bud eti B~YourCredit Class $15.60 $11.25 $3,75 Business CerOftcallon - Class $15.00 $11.25 $3.75 Government S Private Marketing & Branding Your Class $15.00 $11.25 $3.75 Business _ _ _ Marketi M is Class $15.00 $11.25 .75 How to market your business Class $15.44 $11.25 $3.75 on the lntemet DirectoryAdverlising-Yellow Class $15.00 $11.25 $3.75 Page {Print & Internet} leadership and Human Class $15.00 $11.25 $3.75 RPSaurceS Skills to Operate a Profitable Class $15.04 $11.25 $3.75 business PresentetionSkills Class $15.00 11.2 5 $3.75 Customer Service Challenges Class $15.00 _ __ $1125 $3.75 & 0 riuniries Basic Spanish for business Class $15.00 $11,25 $3.75 owners for customer service Advice from an Agorne Class $15.00 $11.25 $3.75 Advice from an Insurance Class $15.00 $11.25 $3.75 A ant Advice from a CPA Class $15.00 $11.25 $3.75 Tax Plannin Class $15.00 $11.25 $3,75 iVegotialing a Commercial Class $15.44 $11.25 _ _ $3.75 Lease {without hiring an Af~rme _ __ ~ Operating aHome-based Class $15.00 $11.25 $3.75 business Preventing Identity The#t & Class $15.00 $11,25 $3.75 Credit Card Fraud Invesimentsforthe Class $95.00 $11.25 $3.75 Established Business Checkin &Savi s Class $95.00 $13.25 $3.75 Credit Card Basics Class 15.00 _ _ $1125 $3.75 Auto purchasing basics and Class $15.00 517.25 $3.75 be and Finangal Planning for Women Glass $15.00 $11.25 $3.75 businesses The Female Advantage: Class $15.(}0 $99.25 $3.75 Cultivating Leadership Skills Starring a 2nd Career: From Class $15.00 $11.25 $3.75 Employee To Woman Entrepreneur Business Plan Writing Series Series _ _ _ _ $395.00 $296.25 $98.75 6 classes Conference Room Lease without a ui manE Hour $25.00 $18.75 $6.25 Conference Room Qnly Conference Room Lease v~ith equi ment Hour $55.00 $41,25 $1375 Laptop and Projector Laptop Lease (Corporate) Day $125.00 $93.75 $31.25 To he returned within a 24 hour period Laptop Lease (Non-proiit) Day $95.00 $71.25 $23.75 To 6e retumed within a 24 hour eriod LCD Projecior Lease(Non- profit Day $85.00 $63.75 $21.25 To be returned within a 24 hour period LCD Projector Leas Co rate Day $150.00 $112.50 $37.50 To be reiurned within a 24 hour period Basic Informational Website- Tem late Desi n Each $1,200.00 $900.00 $300.D0 _.._ Basic Informational Website- Custom Desi n Each _ _ $1,754.D0 $1,312.50 $437.54 Compkeie E-Commerce Website _ Each $2,OOp.00 $1,500-00 $504,00 Redesign -informational Site Each $500.D0 $375.00 $125.04 Redesign - E-Commerce Siie Each $850.00 $467.50 $162.50 Website ]costing Monthly $10.04 ~ $7.50 $2.50 Requires local of $120.00 in advance for the ear Wehsite Maintenance Monthl _._.___ $75.D0 _ _ $58.25 $18.75 Logo resign: ~ Concepi Ideas +3 Revisions of Ori final Conce t Each $156.00 $112.50 $37.50 Businas rd D Si fie Sided Each $75.00 $56.25 $18.75 Double~ided Each $110,00 $82,50 $27.50 Brochure Design, Fuil Color- 8,5x19 Each $250.4D $187.50 $62.50 F ar Das' n: ___ Postcard Each _ $90_00._„ $fi7,50 $22.50 Design Only Full-Pa a Each $215.011___ $16L25 $53.75 Design Only Pr3 t' Color Copies Based on cny. Standard Fee is $1.00 per copy Business Cards !N-HOUSE Business Cards Commeraai Printer- 5000 PC Repair Hour $55.00 $41.25 $13.75 All repairs are done on premises PC Hardware Upgrade Haur $55.00 $41.25 $13.75 All upgrades are done on remises Software Upgrades Each $32,00 $24.40 $8.00 All upgrades are done on remises Data Backups Hour $55.00 $41.25 $13.75 Cosidependon time to complete PC CleanupwlSofMrara £ach $45.D0 $33.75 $1f.25 Costdepend an lime to compleie PC Cteanupwlo Software Each $65.00 $48.75 $76.25 Cost depend on time to complete Operating System! Programs Installation Each $225,00 $168.75 $56.25 Networks Installations and Confi uretl Each $1,20D,00 $906.06 $300AD Depend on size of Ne[work TED Center, Center for Technology, Enterprise & Development City of Defray Beachl Delray Beach CRA -Monthly Reporting Toal Plesc provide ane worlaheerfor each business served & sabmil to the Clry ofDelray Beach by7he ISrPr ofench maoafh. Date: Invoice Number: New Business: Y I N Business Name: Business Address: ^uns Number: Census Tract: * Backup documentation must show proof of client payment for service rendered -- ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 NONPROFITS Unallowable Allowable Advertisin ~ Bad debts ~( Bonding __-___ __- ~_.. __.-- Communicatian ,I Compensation, ersonnel services ~ Contingency provisions ,[ Contributions to others ~ Depreciation, use allowance __ Y~J Donations from others ~ Employee morale, health, welfare ~( Entertainment ,~ Equipment ,I•* I;ines, penalties ~ Frin a benefits ~[ Fund raisin ,interest, investment management idle facility, idle capacity ~ Insurance & indemnification ,( Interest Labor relations ~ Lobbying ,1 Losses on other awards ~ Maintenance, repair ~ Materials, supplies ~ Memberships, sub_s c riptio _ns, professional activit ~ _ __ _ Organization costs ~1** Overtime, shift premiums ~1** Pa a charges in professional journaEs (research) ~ Participank support costs ~** Patenk costs ~ Pension tans ,1 Plant security _ ~1 Pre-award costs ,I** Professional services ~ Profits, losses on asset disposition ,J* Public information service ~** Publication and printing costs ~*** Rearrangement, facility alteration ** Reconversion costs ~ Recruiting ~ ~' Allowable under limited circumstances. ~" Allowable only with prior permission from the City. ""'"Allowable only as a direct cost with permission from the City. ITFM OF COST OMB A-122 NONPROFITS Unallowable Allowable Relocation ,~* Rental ,J Ra alties, use of patents, copyrights _ ,~ Severance pay _ ,J Specialized service facilities ,J Taxes ~I Termination-related casts _ ~ ,~ Training, education ,j Transportation Travel ,J* * Allowable under limited circumstances. ** Allowable only with prior permission from the City. ""'" Allowable only as a direct cost with permission from the City. ATTACHMENT "G" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shop include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any su17 Service Provider that does not have their own Worker's Compensation and Employer's Lialility Insurance. Thirty (30} days notice of cancellation is required and must be provided to the City via Certified Mail. COMMERCIAL GENT=RAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Service Providers' Products and Completed Operations and Contractual Liability. This policy shalE provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,0OO,ODD} per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAM1=D AS AN AI3ptTIONAL INSURED ON THE COMMERCIAL GENEIiAt_ LIABILITY POLICY. Thirty (30) days written notice must be provided to the City via Certified Mai[ in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,400) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The City and CRA must be listed as an Additional Insured under the Policy. Thirty (30} days written notice must be provided to the City and CRA via Certified Mail in the event of cancellation. In the event that the Service Provider does not vwn any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the Service Provider indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his CantractlAgreernent, agrees to purchase "Any Auto" or "Company Name" Comprehensive 1"am~ coverage as of the date of acquisition. The Service Provider's Signature: Allowable under limited circumsfances. "* Allowable only with prior permission from the City. "`"' Allowable only as a direct cost with permission from the City. ATTACHMENT "D" ~_ COMMUNITY DEVELOPMENT BLOCK GRANT pn a aw,~r ~,,,~,. ~ TARGET AREA PI.AIUaNG ! ZONM16 l1CPM71YI1S __ Ob7lAL 3~.(.11V SYSIW -- 1UP RfT_ CIA16E " Allowable under limited circumstances. "' Ai[owabie only with prior permission from the City. *`* Allowable only as a direct cost with permission from the City. GE4G#~APNfC SUB AREAS GOMMUfVfTY REDEVELOPMEf~!' PLAN 7F D~LRAY 8e,4rri Y R~A~/ELCPN!EA7 i1 i a 69 atlas A2 = 2733tYSs A 3 e i86 acres A 4 = 729 sags J13 < 209 acres iA6 = 260anes A7 168aciett 31 B 76 ems - 7,998acros rr.wca+~..ai MP_E C sGiF GrrrV^VG.+~r9EACli R FlAIlMA'G b ZOVING C6~ARRALVi' rpBRUMY20rA .. G.SrleLBlTf u.W SrYTEM~ " Allowable under limitod circumstances. ** Allowable only with prior permission from the City. ""'~` Allowable only as a direct cost with permission from the City. ~.J MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: January 29, 2008 SUBJECT: AGENDA ITEM 8.R. -REGULAR COMMISSION MEETING OF FEBRUARY 5, 2008 CDBG HOUSING REHABILITATION GRANT ITEM. BEFORE CONIMISS~ON. Approval is requested for one (1) Housing Rehabilitation grant award to the lowest responsive bidder for 313 NW 4~h Avenue. Approval is also requested for a waiver to the Neighborhood Services Division's approved Policies and Procedures that limits bid award to be within 10% of the in-house estimate. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), 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 Neighborhood Services 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 home 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 Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive 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. In addition, the in-house policy allows the City to award rehabilitation contracts to another responsive bidder in the event that the lowest responsive bidder's performance on the current job is proceeding unsatisfactorily and/or the contractor has more than three (3) open projects at any given time. This bid was formerly awarded to Master Contractors, Inc. at the December 11, 2007 Commission meeting, however the contractor withdrew the bid. The bid from Brian Raga Inc. was not within 10°Io of the in-house estimate; however, the in-house estimate for hurricane shutters and kitchen cabinets was above the norm FUNDING SOURCE Community Development Block Grant 118-1963-554-49. ] 9 RECOMMENDATION Staff recommends awarding the bid for one (1) Housing Rehabilitation project to the verified responsible low bidder, Brian Rega, Inc. for a total award of $22,855.35. Approval is also requested for a waiver to the Neighborhood Services Division's approved Policies and Procedures that limits bid award to be within 10°I~ of the in-house estimate. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 2006-15 APPLICANT: Mary WrighS PROJECT ADDRESS: 313 NW 4th Avenue DATE OF BID LETTERS: November 15, 2007 DATE Of BID OPENING: December 3,2007 GENERAL CONTRACTORS Brian E. Rego, Inc. Brigcon Consulting Services Cordoba Construction Ca., Inc. Craftsman Plus,lnc. DMD Construction Group, Inc. East Coast Restoration Fleisher's Inc. Gadsden Property Investment, Inc. Maywood Construction, Inc. I.Q. Constructions, Inc. Joines Construction 8. Development, LLC. M & A Builders, LLC. Master Contractors, Inc. Morro Construction Carp. Precision Construction Group Incr Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc. StarMark Properties, Inc. Sun Band Builders Construction, Inc. In-House Estimate: CONTRACTOR AWARDED CONTRACT, BIDICONTRACT AMOUNT Plus 5% Contingency BtD AMOUNT BID BOND 21,767.04 Yes 30,095.00 Yes No Bid Na Bid 36,500.D0 Yes 20,585.OD Yes 26,375.00 Yes 29,890.D0 Yes 29,309,64 Brian E. Rega, Inc. $ 21,767.40 $ 1,488.35 $ 22,855.35 FUNDING SOURCE: Community Development Block Grant Account # 118-1963-554-49.19 COMMENTS: Bid was originally awarded to Master Contractors at December 11, 2007 Commission Meeting, however contractor withdrew bid. Revised 01!29!08 EA MEMORANDUM TO: Mayor and City Commissioners FROM: Lt Walter Hirst David C James, Fire Chief THROUGH: David T. Harden, City Manager DATE: January 30, 2008 SUBJECT: AGENDA ITEM 8.5. -REGULAR COMMISSION MEETING OF FEBRUARY 5, 2008 MODIFICATION/2006-2007 STATE HOMELAND SECURITY GRANT PROGRAM SUB- RECIPIENT AGREEMENT/FLORIDA DEPARTMENT OF FINANCIAL SERVICES ITEM BEFORE COMMISSION This item is being presented before Commission to request permission to authorize a Modification of the 2006-2007 State Homeland Security Grant Program Subrecipient Agreement to extend the grant expiration from January 31, 2008 to May 31, 2008. BACKGROUND The City of Delray Beach Fire-Rescue was sub-granted a 2006-2007 State Homeland Security Grant from the U.S. Department of Homeland Security, Office of Domestic Prepardedness through the State of Florida, Department of Financial Services. Division of State Fire Marshal in the amount of $38,412.00. The grant was awarded for the purpose of purchasing Fire Rescue maintenance/sustainment equipment and to fund hazardous materials training courses. The term of the sub-recipient agreement began April 13,2007 and shall expire on January 31,2008. To date Fire-Rescue has expended $22,711.75 of the 2006-2007 State Homeland Security Grant funds and $15,700.25 remains to be spent by January 31, 2008. Due to the short time period remaining, the Fire-Rescue will not be able to expend the remaining grant funds in the amount of $15,700.25 by January 31, 2008 and has notified the State via e-mal. The state has authorized a grant extension of the 2006-2007 State Homeland Security Grant from January 31, 200$ to May 31, 200$ which requires the approval and execution of the Modification by the Mayor. REVIEW. B_Y_OTHERS Ellen Wickert, Administrative Officer FUNDING SOURCE Not Applicable RECOMMENDATIQN The City of Delray Beach Fire-Rescue respectfully requests City Commission approval to execute the Modification of the 2006-2007 State Homeland Security Grant to extend the grant period from January 31, 2008 to May 31, 2008. MODIFICATION OI' 20b6-24ti7 STATE HOIdIELAND SECURITY GRANT PROGRAM Si1I;RL+'+'CEIPIENT AGREEMENT Ia0]R EXPENDITURE OF LOCAL GOVERNMENT Ul`~IT F>LINDINC~ FUR F'LUItLDA 'T'YPE II IiAAARDUUS MATERIALS/WMD TEAMS FM 2aI 'THIS MODIFICATION is nzad~ anal entered into by and between tlae State of Florida, Depart3nent of 1ina~7cial Services, Division of State Fire .Marshal {"SFM") and Cit of Del.ra Beach ("Subrecipient"), to modify the 2006-2007 State Hau~elaald Security Grant Program Subrecipierit Agreement fo.r Expenditure of Local Govenaznent tinit Funding for Florida Hazardous Materials/W"IvID Teams ("the Agreement"), on ~_-_~ Date. WHFRIAS, tlac S1=M and Suhrecipient entered into the Agreeme~~t; WHEREAS, the Agreement expixes on 3anuary 3I, 2008; and WHEREAS, SFM and 5ubrecipient desire to modify the Agreement by extending it. NOW, THEREFORE, in consideration of the ntiutual promises contained herein, tl~e parties agree as follows: l.. The effective date of this Modification is November 1 S, 200'7. 2. The provision of the Agreement that defines the expira#ion date thereof is hereby amended to have an expiration date of May 31, 2008. Final requests for reimbursement should be submitted no later than tlae expiration date of the Agreement as n~odi~fxed hereby. Any requests received after May 31, 2008, tnay not, in the discretion ofDepartn~ent, be reinsbursed. 3. All provisions not in conflict with this ;Modification remain in full force a3~d effect, and are to be performed at the level specified in the Agreement. ~. All provisions of the Agreement being modified and any attaehn~et~ts thereto ia~. conflict with. this Modification shall be and are hereby changed to confot-n~ to this Modification, as of the effective date of this rnodificatiors. below. IN WITNESS WHEREOF, the parties hereto have executed this document as set forth LOCAI. GOVERNMENT UNIT DEPARTMENT OF FINANCIAL SERVICES DIVISION OF STATE h`IRE MARSHAL By: Title: By: Les Hallman, Director ~e1710Ta11C~U171 To: Lieutenant Walter Hirst, Special C?perations Coordinator CC: ~rry Kaen, Fire Chief File Frarn: l~anelda Gaskins, Executive AssistantlAgenda Coordinator Date. 11912007 Re: Memorandum of Unders#andingfFlorida Department of )=financial Services Attached please find two {2} original, partially executed 2006-2007 State Homeland S'e~urity Grant Program Sub-Recipient Agreer~rent far with the Department of 'Fina~ri`cial Services for the expenditure of Local Government Unit Funding far l=lorida Type 11 'Hazardous MateriakslSMD Team, which was approved at the .lanuary 2, 2007 Car mission Meeting. l~i'e,~se-~i`~ve thy: agreements executed by the Department of Financial Services and #oNuar[i ane {1 }fully executed original to the City Clerk's Office. 1~ase calk me at 243-7059 if you have arsy questions. ~°i~ank you. LGIIg Attachrrrents 1 2006-200'7 STATE I'iOMELAND SECURITY GRANT PROGRAM SIrISGp' SUB-RECEIPTiENT AGREEMENT FOR EXPENDITURE OF LOCAL GOVERNMENT' UNIT FUNDING FOR 1G`LORII[~A TYPE lI ]l-I r~ZAI~ O C!S MATER.IALSIWMD TE.~.ii!C s THIS AGREEMENT ("Agreement") is entered into by and between the State of Florida, Department of Financial Services, 200 East Gaines Sheet, Tallahassee, Florida 32399-0300 (hereinafter referred to as "Department") or its successor, and [LOCAL GOVERNMENT NAM.:l3~ (hereinafter referred to as "Subrecipient"), effective as of tkre last date executed below. WI'INESSETH THAT: WHEREAS, tl~e Departrnealt has determined that it is in need of certain services as described herein.; and 1~THEREAS, the Subrecipient, a governmental agency, represents that it has the expertise and ability to faithfully perform such services. NOW THEREFORE, in consideration of the services to be per#'orzxted and payments to be made, together with the mutual covenants and conditions hereinafter set forth, the parties agree as follows: 1, Services and Deliverables. The Subrecipient agrees to render the following services or other units of deliverables as directed by the Deparhnent: 1(a) Readiness aztd response to activation orders for deployment by the State Emergency Qperations Center, State Eire Marshal or Regional Domestic Security Task Force; l (b) Purchase equipment specifically identified and approved by the Florida Domestic Security Equipment Committee. Exceptions to the approved equipment list trust be approved in writing by the Equipmment Committee prior to purchase. 2. Delivery Schedule, The services ar other units of deliverables specip€ed in Paragraph one {1) above shall be delivered or otherwise rendered on behalf of the Departzzzent izt accordance with the fallowing schedule: 2{a) Readiness shall be on a continuous basis; and 2(b} Upon notification by the State Emergency Operations Center, State Fire Marshal, or Regional Domestic Security `T'ask Force, the Subrecipient shall respond to any and all incidents Dither within its regional response area, or as designated within the State Emergency Response Plan, with all eligible equipment, and any and all other resources which it has, for so long as ties Agreement rezmains in effect, or as may be agreed upnn under the Florida Strategy. It is understood by both parties that local emergencies and equipment operability will dictate the availability of the Subrecipient to respond. 2{c) To ensure uniformity of funded teams, purchase specifically identified equipment as stipulated by the Florida Darnestic Security Equipment Committee. Exceptions to the approved equipment list is to be approved by the Equipment Committee in writing prior to purchase. 2(d) Use sustainment funding aniy for equipment that was previously purchased with ODP funds. 2(e} Compliance with requirements of a Weapons of Mass Destruction Capable Hazardous Materials Resource, as defined by the Florida Domestic Security Strategy shall be on a COnt1I1L1ollS baS15. 3. Pam~ent. 3{a) Subject to the teens and conditions established by this Agreement and the billing procedures established by the Departrxlel~t, the Department agrees to pay the Subrecipient a rnaximun-t of $38,412.00; of which $ 3 3,580.00 shall be used for the sustainment and maintenance of hazardous material equipment previoL3sly purchased with ODP fund's, and 24 832.00 shall be used fur training izI Office of Grants & Training (OGT} approved hazardous material training courses. If additional money beeorzaes available through the grant process, the amount set forth in this Agreement znay be increased ar decreased upon the written approval of both contract managers, to be used for the purposes set forth in paragraph one {1}above, and subject to the terms and conditions established by Phis Agreement. 3(b} All requests for reimbursement s1~alI be submitted in accordance with. this Agrecn-ICnt within thirty days following the Subrecipient's expenditt>re of funds, but i.n no event later than December 31, 2007. 3(c) . Vendor Rights. Vendors providing goods and services to an agency should be aware of the following time-frames. Upon receipt, an agency has five {5) working days to inspect and approve the goods and services, unless the bid specifications, purchase orders or Agreement specifies otherwise. An agency has 20 days to deliver a request for 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. ar services are received, inspected and approved. The Department is to approve the invoice in the state fizlancial system within 20 days. If a payment is not available within 4(} days, a separate interest penalty, computed at the rate determined by the State of Florida Chief financial C3fficer pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount, .to the vendor, To obtain the applicable interest rate, please refer to ht :/Iwww.dbf.state.fl..uslinterest.htnil. T'he interest penalty provision applies after a 35 day time period to health-care Subrecipients, as defined by rule. Interest penalties of less than one {l) dollar will not be enforced unless the vendor requests payment. I~IVOices which have to be returned to a vendor because of vendor 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 agency with the proper tax payer identification izifozmation documentation to be submitted before the prompt payment standards are to be applied. A Vendor Ombudsman has been established with the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payznent(s} from a state agency. The Vendor Ombudsman may be reached at (SSO} 413-5516. 3(d) Taxes. The Department is exempted from payment of Florida state. sales and use #axes and Federal Excise Tax. Unless personally exempt by law, the Subrecipient shall not be exempted from paying Florida state sales and use takes to the appropriate governanental agencies or for payment by the SubrecipienE to suppliexs for taxes on materials used to fulfill its obligations with the Department. The Subrecipien# shall not use the Department's exemption number in securing such materials. The Subrecipient shall be responsible and liable for the payment of all its FICA/Sacial Security and other taxes resulting from #his Agreement. 3{f) Any expense incurred by the Subrecipient for .travel must be authorized by the Department irz advance. Travel expenses will be reimbursed to the Subrecipient at a rate not to exceed that which is payable to state employees for travel and per diem as prescribed by~ Section ?. 112.051, .Florida Statutes, and shall be submitted in accordance with said section_ All other expenses, including expenses for the gathering and preseratatian of exhibits, must be authorized by the Department in advance. 3{g) Payment Processing. All charges for services rendered or for reimbursement of expenses authorized by the Department in accnrdance with Paragraphs 3 a~~d 4 shall be submitted to the Depat~tment in sufficient detail fnr Gt proper pre-at~.dit and past-audit to be perform~:cl. Ali payments for professional sen~ices and authorizer) expenses, including travel expenses, will be paid to the Subrecipient. only upon the timely and satisfactory cotnplet.ion of all services ata.d other units of deliver-abl.e such as reports, findings and drafts, which are required by Paragraphs 1 and 2 above and upon the written acceptance of said services and units of deliverables such as reports, fa.ndings and dxafls by the Department's designated contract manager. Interim payrrtents may be made by the Department at its discretion under extenuatitag circumstances if the completion of services and other units of deliverables to date has first been accepted in writing by the Department's cazttract manager. 3{h) Contingency. l.f the terms of this Agreement extend beyond the current fiscal year, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an anrntal appropriation by the Legislature. 4. Termination. 4(a} The Department may cancel this Agreement at any time for any reason upon the submission of a thirty (30) day prior written notice. if the Department cancels the Agreement the Subrecipient shall be paid only the arrtaunt due far deliverables which have been received and accepted by the Departnaettt and. deliverables due within the time period stated: in uurmber 2 above. The Subrecipient shall be entitled to no damages beyond what is provided in this paragraph. Notwithstar~diitg the above, the Subrecipient shall not be relieved of liability to the Department for datrtages sustained by the Department by virtue of any termination ar breach of this Agreement by the Subrecipient. In the event this Agreement is terrrtinated, the Subrecipient shall be reimbursed through the date of services rendered subject to any such damages. ~1{b} This Agreement shall terminate upon the Subrecipient's satisfactory completion of the services and other units of deliverables described or referenced in Paragraphs 1 and 2 by the Department and upon satisfactory perforrrtance evaluations of the Subrecipient by the Department. The Department may unilaterally terminate this Agreement ira the event that the Department requests in writing that the Subrecipient allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 1.19, Florida Statutes, which are trade or received by the Subrecipient in conjunction with this Agreement, and the Subrecipient refuses to allow such access. Subrecipient shad carrtply with the record lceepirtg standards of the Rates of the Department of State, Division of Library and Information Services, Florida Administrative Cade Chapter 1 B-24 and 26, and the federally Frurded Grant Agreement 07DS-SN-13-00-16-217, which can be accessed nn the Department's website at ltttp:l/www.fldfs.com/SFM. lf, in the judgment of the Department, the Subrecipient for any reason fails to fulfill in a timmely manner all obligations under this Agreement, the Department shall have the right to terminate this Agreement by giving at least live days written notice by registered mail to the Subrecipient of such termination, including the effective date of termination. The Departrtrent shall not be deemed to assunrte any liability for the acts, omissions to act or negligence of the Subrecipient, its agents, servants, and employees, nor shall the Subrecipient disclaim its own negligence to the Department or any third P~y~ 4{c) The Department may terminate this Agreement if the Subrecipient commits any material breach of this Agreement, fails to timely deliver a material deliverable, employs art 3 unauthorized alien in the performance of the work; discontinues the perfomaance of the work; fails to resume work that has been discontinued within a reasonable time ai~er notice to do so; becomes insolvent or is declared banlaupt; makes an assignment foz- the benefit of creditors without the approval of Department; makes or has made an ir-tentional material misrepresentation or omission, in any materials provided to Dcpartn~ent; fai]s to maintain the required insurar~ee; fails to provide the Department access to all documents, papers, letters, or other material subject to statu'~ory provisions relatin f; to the examination anti inspection of public records t]-rat are made or received by Department in conjunction with this Agreement. Should the subrecipient default udder the Agreement which default is not cured within ten days of notice provided by the Department, the. subrecipient shall be liable to the Dep~u-t-rrierit fnr any expenses that the Depas~#ment znay incur in securing a substitute Subrecipicnt to assume ca~npletion of those services. S. Term and Renewal. This Agreement shall begin upon execution and end nn January 31, 2008. This Agreement may be renewed fnr a maximum of three years or up to a period equal to the tenn of the original Agreement, whichever is longer, at the option of the Department. 'l~he renewal price, nr rrzethod for deterzxzinizzg a renewal price, is set forth in the Agreement pz7ce, attached Hereto. No other costs for the renewa] maybe charged. Any renewal is subject to the same terms and conditions as the original Agreement and shall be con#ingerzt upon satisfactory performance evaluations by the Department and subject to the availability of funds. 6. Agreement Modification. This Agreement maybe amended only by a w-iiten agreement between bath parties subject to the provisions of Chapter 287, plorida Statutes, or as set forth in paragraph 3{a) above. 7. Ijedera]1 -Funded Sub ant A cement. The funds for this Agreement are provided. through a subgrant Agreement between the Department and the Divisia~~. of Emergency Services; Contract Nuzn.ber: 07DS-5N-13-00-1 ~-217. The Subgrant Agreement can be accessed through the Department's weL'site at http:/l~vww.fldfs.comlSFM. The subrecipient agrees to be ba~.uid by all of the provisions of the subgrant Ap-eerrzent referenced in this paragraph. 8. Reports 8(a) At a n~zinirrru.m, the Subrecipicnt shall provide the Department with quarterly reports, and with aclose-out report. These reports shall include the current status and progress by the subrecipient in completing the work described in paragraphs 1, ?and 3, of this Agreement, in addition to such other information as requested by the Department. 8(b) Quarterly reports are due to be received by the Department no later than twenty (20} days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the admirristrative close-out report. The ending dates for each quarter of the program year are March 21, June 20, September 20 and December 21. $(c} The close-out report is due fifty (50) days after termination of this Agreement or upon completion. of the activities contained in this Agreement, whichever fsrst occurs. 8(d) If any required report and copies, prescribed above, is not sent to the Department or is not completed in a manner acceptable to the Department, the Department may withhold firrther payments until it is completed or may take other action. The phrase "acceptable to the Department" means that the work product was completed in accordance with paragraphs 1, 2 and 3 of this Agreement. 8{e} The subrecipient shall provide such additional program updates, reports or information as may be required by the Department. 4 9. Manitorin~ The Department shall monitor the performance of the Subrecipient under this Agreerrzent to ensure that all of the conditions ofthis Agreement axe met. Such review shall be rrzade for each function or activity set forth. in paragraphs l , 2, and 3 of this A~reemeztt, azrd reported in the quarterly report. Monitoring procedures may include, but not be limited to, on-site visits by Department staff andlor other procedures. By entering rota dais Agreement, the Subrecipient agrees to comply and cooperate with all monitoring procedureslprocesses deemed appropriate by the Department. The Subrecipient further agrees to cozviply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Subrecipient throughout the contract term to ensure timely completion of all tasks. 10. SubagrEements. All sez~vices agreed upon are to be performed solely by ttae Subrecipient and. may not be subcontracted or assigned without the prior written. consent of the Department. if pennissian is granted, tlae subcontract agreement must include (i) a provision binding the subcontractor to th.e terms ofthis Agreement, (ii) a provision binding the subcontractor to all applicable state azzd federal laws and regulations, and. (iii} a provision whereby the subcontractor agrees to hold the Division of Emergency Management and the Department harmless against all claims of whatever nature arising out of the subcontractor's performance of work Loader this Agreement, to the extent allowed and required by law. Each subcontractor's progress in perfen~rzizzg its work undez- this .Agreement shall be docEUnented in the quarterly report submitted by the Subrecipient. 1 i. Liabili 11(a} Unless Subrecipient is a State agezacy ar subdivision, as defined in Section. 768.28, Fioricla Statutes, the Subrecipient shall be solely responsible to patties with wham it shall deal in carrying out the terms of this Agreement, and shalt not hold the Department or the Division of Emergency Managertaent harmless against a!1 claims of whatever nature by third parries arising out of the performance afwork under this Agreement. For purposes ofthis Agreement, Subrecipient agrees that it is not an employee or agent of the Department or the Division of Emergency Management, but is an independent contractor. 11(b) Any Subrecipient who is a state agency or subdivision, as defined in Section 76$.28, h'larida Statutes, agrees to be fullyresponsibl.e to the extent provided by Section 758.28, Florida Statutes, fax its tzegligent acts ar omissions or tortuous acts which result in claims or suits against the. Depariraaent or Division ofEmergency Managerrzent, and agrees to be liable for azry damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign iznrnunity by any Subrecipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 12. Miscellaneous. This instrument and any referenced or attached addendum embodies the entire agreement of the parties. There are no other provisions, terms, conditions, or obligations. This Agreement supersedes all previous oral or written coznznunicatians, representations or agreements on this subject. Tf there is any conflict between this Agreement and any referenced ar attached addendum, the terrrzs and conditions ofthis Agreement shall take precedence and govern. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Iza all cases, venue shall be in Leon County, Florida. Subrecipient is an independent S contractor, and is not an employee or agent of the Department. The. respective obligations of the parties which by their nature would continue beyond the termination or expiration of any attachment or this Agreerrzent, including without limitation, the obligations regarding confidentiality, proprietary inte-rests, and limitations of liability, shall survive termination or expiration. If a coru-t of corzapetent jut-isdiction deems any terra or condition heroin void oz' unenforceable, the otk~er provisions are severable to that void provision. and shall remain iai full force and et~'ect. 13. Statutpz~ Nati ces. The Department shall consider the emplayznent by any subcontractor or Subrecipicnt of unauthorized aliens a violation of Section L74A{e} of the lrnmigratian and Nationality Act. Such violation shall be cause far unilateral cancellation of this Agreement. An entity or affiliate rube has been placed on th.e public entity crimes list or the discriminatory vendor list may not submit a bid an a subcontract or Subrecipicnt agreerraeztt to provide any goads or services to a public entity, may not be awarded or perform work as a contractor, supplier, subcantractox, or consultant under a contract with any public entity, and may not transact business with any prEblic entity pzu'suant to limitations under Chapter 2$7, Florida Statutes. Nothing herein shall be construed as waiving the sovereign imrriunity of the State of Florida. The Department shall not be deemed to assurrte any liability for the acts, omissions to act or negligence of the Subrecipicnt, its agents, servants, and employees, nor shall the Subrecipicnt disclaim its awn negligence to fhe Department or any third party. 14. _Com ~liance with Fcdera] State and Local Laws. Subrecipicnt and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrin~irt~ation, wages, social security, worker's carnpensation, licenses and registration requirements. 15. Electronic Accessibil~. When the Subrecipicnt is to develop, procure, maintain, or use electronic and infarrttation technology, they shall ensure that the electronic and information technology allows employees and members of the public with disabilities to have access to and use of information and data that is comparable to the access to and use ofinfarmati.on and data by ernplayees who are not individuals with disabilities. These require, e.g., screen enlargemezat and voice output, or have built-in screen reader or, that the products suppoa-t assistive technology; increase in volume and/or alter the tonal quality ar increase tlae signal-to-noise ratio; if speech input one alternative input rczode also; not require fine motor control. or simultazacous actions. See 36 CFR Part 1194 based an Section X08 aF the Rehabilitation Act Arnendnients, 29 USC Soc. 791. (See http:Ilwww,scction5 f}$.govl} 1 b. Contract Administration. 16 {a) The Department contract manager is Sohn Deiorio, II located at 11655 Northwest Gainesville Road, Qcala, Florida 34482-1486. 16 {b} The Subrecipicnt contract rrzanager is located at 16 (c} All written and verbal approvals referenced in thzs Agreement must be obtained from the parties' contract administrators or designees. Notices required to be in writing must be delivered or sent to the intended recipient by hand delivery, certified mail ar receipted courier and shall be deemed received on the date received or the date of the certification. ar receipt. 6 17, Com li_.-t~ ance,_with CFO Memorandum No. 4: Subrecipi.ent shall assure eonrpliance :itself and by its Subcontractors, with CFO lvlemorandurn No. 4 (ZOOS-06), effective June 30, 2006; including; bct not lirrtited to the following provisions: ? 7(a} State financial assistance under this Agreement shall be in compliance with laws, rules anti regulations applicable to expenditures of State funds, including, but rzot limited ta, the Reference Guido far State Expenditures at. http:Ilwtivw.fldfs.com/aadi.r/reference%Sk~guidel . 17(b} 'Those subtect to this Agreement may charge only allowalt)e costs resulting from obligations incurred during the term of the Agreement. 17(c} Any balances of unobligated cash that have been advanced or paid that is not authorized to 1.3c retained for direct program costs in a. subsequent period must be refunded to the State. 17{d} Agreements with vendors must be procured in a manner that ensures a fair anal reasonable pace to the Slate and in compliance with applicable rules and regulations, including, but not limited to sections 2$7.057 acrd 216,3475, F.>- IN WITNESS WHEREOF, the Department of Financial Services and by their duly authorized representatives, have executed this Agreement. SUB.RECTPIENT By DEPARTMENT OF FINANCIAL SERVICES Title Date: ~ ' ~- ~ ~ __ • ~ V~~, gppraved as to form a~td legal sultyclanCy: { ... s~s~ ty Atiortt~y / ~ I ~~~ ~ 7 Rick Mahler, Chief of Staff Date: J MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 30, 2008 SUBJECT: AGENDA ITEM 8.T. - RECTULAR COMMIS_ SIGN MEETING_QF FEBRUARY 5, 2008 SPECIAL EVENT REQUEST/ FASHION SHOW ITEM BEFORE COMMISSLON City Commission is requested to approve an event permit for a Fashion Show sponsored by the Downtown Marketing Cooperative scheduled for March 7, 2008 from 7:00 p.m, to approximately 9:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6(F} For the closure of Atlantic Avenue between NE/SE 5th Avenue and NE/SE 6th Avenue from approximately 4:00 p.m. to 10:00 p.m., and to provide staff assistance for security, traffic control and barricading. BACKGROUND Attached are the special event permit request, event budget, site plan, property owner approval letter and Hold Harmless Agreement received from the Downtown Marketing Cooperative. The event is being held in Delray Beach for the first time in conjunction with Palm Beach County Fashion Week. The show will promote and feature Downtown merchants. Barricades can be set up on regular time and moved to the side by the event producer after the event. Estimated overtime costs for security and traffic control are approximately $304. Per our event policies and procedures, the event sponsor will be required to pay 35°Io of the costs. RECOMMENDATION Staff recommends approval of the Special Event Permit far the Fashion Shaw proposed for March 7, 2008, the temporary use permit for the closure of Atlantic Avenue between NE/SE Sth Avenue and NE/SE nth Avenue for the times requested, staff assistance for security, traffic control and barricading contingent on the receipt of the required Certificate of Liability Insurance. .` City of Delray Beach I~~ Special Event Permit ~~ Application r PLEASE TYPE OR PRINT rya P~~ ~'~- zoo~t Event NameCTitle: }~~1~ ~~+~~ ~ ~~1/(~ Event Date(s): Times, "~_~ M ~ ~prll ~, ' ~1 Event Sponsor/I'roducer: Event ContactlCoordinator: S '~ Name: Telephone Number: Cellular Number: v Ismail Address: t '~~ aL-~^ Planned Activities (Outline of activitieslnumber of activities, i.e. entertainment, Describe the targeted population and expected attendance: Number of Individuals Served Previous Year (if applicable): M 1~ ~~ fescribe how the.g~gram or project addresses.~o~ un~ i~~ ds: Ye.n ~lR.~ T~ 1~~ Describe your MarketinglPromotians Program (How will you market/promote, i.e. TV, radio, posters, #lyers, web sites, oth r~ ~ ~ Sponsor Category (please check) Citon-Profit/Charitable ^ Private ^ Co- ponsor -Non-Profitli'rivate ^ {If Non profit attaeh proojof SOic(3}, c(4), e(6}, C(ID}, or c(l4} ar (d} Event Location {Describe area boundaries of event/location): Site plan attached: yes~_ no (Site plan required for entire event sites Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location ifapplicable.) Rental of 0[d School Square: yes no (If yes, attach proof of approvai) Private Property Use; yes~~ no (If yes, attach letter giving authorization from property owner) Event budget attached: yes. no. (Required for all events} Previous year RevenuelExpense summary attached: yes no~_ (Required for all events) Do you have cash sponsors for the event: yes no ~. - -- (Indicated an budget) Da you have inkind sponsors for the event: yes ~ no_ {Indicated on budget} C:~Daarmsnls end SeuingsV.iailk7eaktoplspocial Evertt Permit App~icaHon FfNAL 9.fi.o7.doc Serving or selling alcoholic beverages: yes no (If yes, copy of license and alcohol liability insurance required hvo {2) weeks prior to evenly Event certificate of insurance attached: yes ..._ no (Required two (2) weeks prior to event naming the City as additional Insured, also required for vendors) ~~ ) ~ ~ ~„ Playing of amplified music: yes~,._ no (>c3vaiver required) Will there be entertainment: yes ~ no ~ ~~ ~' '~ (lf yes, attached list of Performers and/or DJ's) i+Vl QTR ~~ ' If yes, sponsor agrees all entertainment will be f ily oriented and contain no obscenities: yes_ no Requesting Police assistance: yes ~ nv (traffic control security} Will supplement with private security: yes no (If yes, need plan attached) Requesting Emergency Medical assistance: yes no Requesting barricade assistance: yes~_ no -+ (If no, how are you handling?} S'~jQ ~+~T C~s~ ~~ ~¢T~Ir'~7 ~~ ~r~ QCT~#~,v ~'w 6 A VG ~i~torl y t~ - IQ.~ ~~ Requesting trash rernova Iclean up assistance: yes no~....__ (Will be bil3ed to sponsor} Requesting trash boxes/containers and liners: yes no_ Requesting stage use: YeS~- nO-- ~ - (If yes, check type) Large stage {14' x 36') ^ Small stage (16' z 21') o Half small stage {$' x Zi') ra Requesting signage: yes no. ~' . . Type: 4'x4'Event sign l'arki-ng Signs Banner hanging______ Indicate dates required (Waiver required if more than one (Y) week prior to event) Requesting City Portable Generator: yes ~ no (if yes, size & power} ~ ~ ~~ Y ~ I~,y Food and beverage vendors: yes no ~ ~ i (r[/ ~~~ If yes, approximate number (Health Department approval required} yes no ~' ~~~ ~M$. C:1rloeunxnts and SetlingslLislL~eaktopl5peciai Event Permit Application FLYAL 9.6.D7.d« Other vendors: yes no (Indicate type} Tents: yes no If yes, How many What size or size required (Ifyes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes na (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Wifl the event be gated: (Shaw on site rnapl yes no~„_,._T Will there be a charge for the event: yes no_____~~_ (If yes, indicate ticket prices} Wiil there be fireworks or other pyrotechnics: yes no (If yes, contact Fire lhfarshal to obtain and complete permit application) Wili there be cooking with compressed gas: yes r~o ~` (If yes, contact Fire Marshal for anspeciiaas) 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 restraom needs) Is reserved parking requested: yes no~_ (Ifyes, indicate locations and purposefor use) Event Permit Attachrl~ents: // Revenue/Expense Budget RevenuelExpense Recap Last Years Event ~~Site Plan Letter Requesting Noise Ordinance Waiver tter Requesting Waiver Consumption Alcohol Beverages roof ofNan-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate ~oof of Rental Agreement or Authorization Letter from Private Property Owner /Hold Harmless Agreement ~ ~~ (a ~N ~ l~ ~(~J/~ Submittal Date Requirements: ~~ • Minor Event 45 days prior to event • Intermediate Event 91) days prior to event • Major Event I20 days prior to event + Neighborhood Block Party 30 days prior to event C',1Dacumsnts end Settings~I.isilDesktop\4pecial Event Permit Application FINAL 9,6.tYl.doc U f r ~~-7 Event Contrac orlCao dinator Date Fle$se print Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. f ~` Avenue, Delray Beach, Florida 33444. Required with permit application- For Staff Use Orly y~ r Date Received 1 ~9 ~ Application fee received $ d ` __ C:1Dostunent+ ers~d SettingslLi~ilDesktop~Special ~ve~h permit Applirstiam FR~{AL 9.6.87.doc Palm Beach Fashion Week Fashion Show Friday, March 7, 3x08 - 7 pm Downtown Marketing Cooperative Estimated Budget 1f08 Revue $ 20,D40 In-Kind -Media -~ Pa1m Beach Post Palm Beach Daily News Newschannel 5 -NBC Clear Channel Radio Comcast Cabie Ex enses: $ 2540 Sound /Staging /Lights $ 1,500 Miscell. Printing 1 Decorations 540 City Expenses -barricades, etc. 500 S ii ~~ d~` jy'~ dR~y.K '~ ~ ^Y~ ^ t • ~ ~~ ~"~ n. ~ i t t h ,~ t3 ~ ~. 1 °~ ~ " ~~ E~"' ~~. co~onr norE~ .Eanuary 28, 2008 At the request of the Downtown Marketing Cooperative, The Colony Hotel has agreed to let them use the 192fi Room and Manager's Office for the Fashion Show scheduled an March 7, 2008. ,~estena Boughton General Manager The Cotony Hotel & Cabana Club 525 East Atlantic Avenue Delray Beach, FL 33483 SPECIAL EVENT HDLD HAIt'tMLESS AGREEMENT The Delray Beach Downtown Marketing Cooperative (comprised of the Community Redevelopment Agency, Downtown Development Authority, Chamber of Cornmeroe and the City of Delray Beach} 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 arising from and in exchange for the Delray Beach Downtown eting Cooperative use o City Fa ilities ar property for the special event of ~~~,~~-a~ ~~Ei?~ `drl.~J ~ _and hereby releases the City of Delray Beach, its agents and employees from ail suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of ss, da a or in' ry to ono property arising from the special event of ~' ~ . ~~ * This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Delray Beach Downtown Marketing Cooperative as covered under Scottsdale Insurance Company Policy number C[.S 13344fi6 Frank Wheat, Chairma Community Redev pment Agency Louis Ca ne, Chaim~an Downtown Development Authority Wlliarn Woad, Presi nt Chamber of Commerce Robert Barcinski, Assistant city Manager City of Defray Beach Ravlsad 4!21!06 MEMORANDUM TO: Mayor and City Commissioners FRAM: Jasmin Allen, Planner Paui Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 1, 2008 SUBJECT: AGENDA ITEM B.U. -REGULAR COMMISSION MEETING OF FEBRUARY 5, 2008 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of January 14, 2008 through February 1, 2008. BACKGROUND 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 appeal period has not occurred}. Section 2.4.7(E), Appeals, 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: 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. REVIEW BY OTHERS Planning and, Zoning Board -Meeting of January 28, 2008 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: • Recommended approval (b to 0, Deborah Dowd absent), of a City initiated rezoning from SAD (Special Activities District) to OSR {Open Space and Recreation) fora 0.72 acre parcel located between the recently approved Midtown Delray (fka Bloods Hammock Grove} and Orchard View Park. • Recommended approval with conditions (5 to 0, Joseph Pike stepped down}, of a conditional use request to allow the establishment of storage and rental of construction equipment that does not exceed 100 feet long, 14 feet wide and 15 feet high for Hunter Crane, located approximately 140 feet north of West Atlantic Avenue and west of Congress Avenue within the MIC (Mixed Industrial and Commercial) District. • Tabled (6 to 0), the amendment to the Land Development Regulations Section 6.2.1(D) "Street and Alley Construction" to provide updated standards regarding street and alley construction. • Recommended approval (6 to 0), of an amendment to the Land Development Regulations Seetian 2.4.3(K) "Fees" to provide for an increase in certain Development Applications fees. Site Plan Review and Appearance Board -Meeting of January 23, 2008 A. Approved (5 to 0, Johnny Kincaide arrived late and Jose Aguila absent), an architectural elevation change and color change associated with the replacement of roof material for ABS Holdings, located on the west side of North Federal Highway, north of Allen Avenue {2040 North Federal Highway). B. Approved (5 to 0}, a Class I site plan modification associated with architectural elevation change associated with the addition of a wrought iron railing for Atlantic Antique Mall, located at the southeast corner of East Atlantic Avenue and SE 5th Avenue {502 East Atlantic Avenue). C. Approved with conditions (b to 0, Johnny Kincaide arrived), a Class I site plan modification associated with the installation of accordion shutters for 501-507 East Atlantic Avenue {northeast corner of East Atlantic Avenue and NE Sth Avenue}. Historic Preservation Board -Meeting of January 16,.2008 1. Tabled (5 to 0, Joanne Peart and Rhonda Sexton absent), a request fora Certificate of Appropriateness for the installation of accordion shutters on anon-contributing building located at 110 NE 5th Street. The Board requested that the applicant provide additional information to support the request and provide verification that the existing Bahama shutters are code compliant. The Board noted that the shutters were installed without the proper permits. 2. Tabled (5 to 0), a Class V site plan, landscape plan, architectural elevation plan and a Certificate of Appropriateness associated with the demolition of an existing structure and construction of a mixed-use (office and residential) for the Henry Dean Building, located east side of NE 2nd Avenue, between George Bush Boulevard and Dixie Boulevard. The Board tabled the item with specific direction to addresses compatibility issues with respect to the design elements of the structure. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map N SPRAB NPB A. ABS HOLDINGS 1. 110 NE 5TH STREET B. ATLANTIC ANTIQUE MALL 2. 251 DIXIE' BOULEVARD C. 501-507 EAST ATLANTIC AVENUE -•« - -CITY LIMITS - ~~ - ONE MILE ~ I GRAPNlC SCALE CITY OF OELRAY BEACH. FL PLANNING 8 ZONING AEPARTMENT FEBRUARY 2008 I I MAP REF: S:\Planning ec Zoning\DBM$\Fle-Cab\CC-HOC\2-5-OS --61GlTAlBASEMAPSYStEM- I I MEMORANDUM TO: Mayor and City Commissioners FROM: Jim Schmitz, Deputy Director of Public Works Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 25, 2008 SUBJECT: AGENDA ITEM 8,V.1 -REGULAR COMMISSION MEETING OF FEBRUARY 5, 2008 CONTRACT AWARD/ATLANTIC REFRIGERATION CORPORATION ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award to Atlantic Refrigeration Corporation in the amount of $16,097.00 for the emergency replacement of an air conditioning unit at the Police Department halding facility. BACKGROUND The nine (9) year old air conditioning unit, for the jail, at the Police Department stopped working. The 12.5 ton rooftop unit had a bad evaporator fan motor, a grounded second state compressor, and a refrigerant leak. Staff recommended the emergency replacement of this unit in order to avoid having to immediately transport anyone arrested to the county jail. A quote in the amount of $16,097.00 from Atlantic Refrigeration Corporation, the City's current annual HVAC contractor, for a Carrier SOHJ-014- V6 12.5 ton rooftop packaged air conditioning system is attached. The price to repair the unit was $5,388.75 FUNDING SOURCE Funding is available from 334-6112-519-46.10 (General Construction Fund/Repair & Maintenance Services/Building Maintenance) RECOMMENDATION Staff recommends approval of a Contract Award to Atlantic Refrigeration Corporation in the amount of $16,097.00 for the emergency replacement of an air conditioning unit at the Police Department holding facility. f 'qq ~.w~- .Yj3n L. -. . __ pt'Y.. INSTALLATION AGREEMENT ATLANTIC REFRIGIrRATION CORP., herein refet~t~ed to as ATLANTIC, and Delra Beach cit o , hereinaf3er referred to as CUSTOMER, hereby agrees that Atlantis;: will install air conditioning equipment at the following location: 3~0 West„Atlantic Avenue, Delray Beach, PL 33483(Police Department Iai] Area). EQUIPMENT SPECI)IiICATIONS I -Carrier SOHJ-014-V6 i.2.Ston rooftop packaged air conditioning system. INSTALLATION DETAILS Remove & dispose of existing packaged unit that services the jail area of the building. Install above specified equipment providing all necessary madificatians to the electrical & drainage connections. Crane service is included in this proposal. A 5year compressor, 1 year parts and i year labor warranty covers this installation. TERMS & CONDITIONS i, This agreement covers only the above-mentioned equipment and work. Any additional wnrk will be ttte responsibility of the customer. 2. A SD 1 payment is required at the tune of Acceptance of the agreement; the remaining balance is due upon completion, Late payments shall bear interest at the rate of F-112% gar month. 3. tt is agreed chat alk of the mattriai provided under this agreement shad be and retrain personal property, and the title to it is hcrcby retained by Atlantic anal shall not pass to the customer until the fait agreement price has bean paid. In case of default by the customer, all casts o£ col]ecGon, whether suit be brought csr not, shall be paid by customer- Atlantic shall not be liable for any delay, loss or damage caasad lsy acts of Ctod, strikes, accidents, ar any other reason beyond i[s eontroi. Agreement is valid far 9d days. TOTAL INVESTMENT 51.6,047.00 ~ et 4 { f ~ ~, f Atlantic Authorized Representative 1,'22108 1255 N.W. 17th Avenue, Delray Beach, Florida 33445. 561 -27&-1937 Customer Authorized Signature Atlantic Refrigeration Corporation Fax:561-278-0373 www.atlanticrefrigeration.cc MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager THROUGH: David T. Harden, City Manager Richard C. Hasko, Environmental Services Director DATE: January 28, 2008 SUBJECT: AGENDA ITEM 8.V.2 -REGULAR COMMISSION MEETING OF FEBRUARY S, 2008 CONTRACT AWARDIJCI JADE COMMUNICATIONS, INC. ITEM BEFORE COMMISSIUN This item is before the Commission to approve a Contract Award to JCI Jade Communications, Inc. in the amount of $18,570.55 for the installation of telephone and data communication (low voltage wiring) for the Pompey Park Community Center Improvements Project #2004-052. BACKGROUND Utilizing an existing Palm Beach County contract {No.05193) with JCI Jade Communications, JCI will supply and install new telephone and data wiring {CAT 6) and hardware per plans and specifications regarding the Pompey Park Community Center Improvements. A copy of the proposal attached hereto for your reference. Data cabling was not included in the original project scope due to the specialized nature of the work. FUNDING SOURCE Funding is proposed from account #380-4150-572-62.61 (2004 G.O.Bond Improvements Parks & Recreation/Pompey Park) after budget transfer. RECOMMENDATION Staff recommends approval of a Contract Award to JCI Jade Communications, Inc. in the amount of $18,570.55 for the installation of telephone and data communication (low voltage wiring) for the Pompey Park Community Center Improvements Project. Yage[o[1 Date: 11 DECEMBER 2007 PROPOSAL NO: 1211 Q7JLA SUBMITTED TO: Ed Del Portillo Company Name $ Address: Job Locafion: Crty of Delray Beach Pompey Park 900 NW 95t Avenge Delray Beach, FL Phone Number: (561 243-7147 Fax Number: (561 243-7166 We hereby submit specifications and estimates far: Supply and install 72 dual outlets and 4 single outlets with Category 6 plenum cable. Each drop will be terminated with a category 6 jack at user end installed in a 2-pork ivory faceplate at work station end, and terminated on a 48-port patch panel ak closet end. Anew wall mount swing gate rack will be installed in the 2"d closet far the termination of some of the cables. AI! cables will be supported above drop. ceiling with "J-hooks". All cables will be tested after termination. As-bunts will be furnished in a timely manner upon completion of project, Cables are located throughout the offices, and some common areas. We hereby propose to furnish labor and materials-complete in accordance with the above specifications, far the sum of: 18,570.5 EIGHTEE THOUSAND FIVE Hl#NDRED SEVENTY pQLLARS $~ 551't0U'S Balance due upon receipt of invoice. AfE material is guaranteed to be as specified. All work above to be completed in a skillful manner according to standard practices. Any alteration or deviation from above specifications involving extra cost, will be executed only upon written orders, and will become a "T & M" extra charge aver and above the estimate. All agreements are contingent upon strikes, accidents ar delays beyond our control. tVo permit fee's or bonding is included in this quotation. This proposal is subject to acceptance within thirty days and is void hereafter at the option of the undersigned. Florida License ESOOOOf92 AUTHORIZED SIGNATURE Date ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. ACCEPTED: Signature Date VENDOR # 3108 COUNTY CONTRACT # 05'!33 6610 E. ROGERS CIRCLE ° BOCA BATON, FLORIDA 3348"7 ° (561) 937-8552 ° FAX (561} 997-5935 MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician THROUGH: David T. Harden, City Manager Richard C. Hasko, Environmental Services Director DATE: January 28, 2008 SUBJECT: AGENDA ITEM 8.V.3 -REGULAR COMMISSIO..N MEETING OF' FEBRUARY 5, 2008 BID AWARDIEXPERTECHLAETWORK INSTALLATION ITEM BEFORE COMMISSION This item is before the Commission to approve a Bid Award to Expertech Network Installation in the amount of $1,384,333.34 for construction of the Area 4 Reclaimed Water System Project #2004-020.4. BACKGROUND On January 8, 2008, bids were opened for the Area 4 Reclaimed Water System Project. Expertech Network Installation was the low bidder. Although the low bidder has not previously performed work for the City, state has verified and received positive feedback from their references. The project is Phase IV of the Reclaimed Water Master Plan. The project consists of constructing a 24- inch reclaimed water main, and connecting to the existing reclaimed system, from Homewood Blvd. at Linton Blvd. south to the Delaire Goif Course. The areas included in this project are identified on the attached location map. The City has received grant funding for this project in the amount of $619,000 through the South Florida Water Management District (SFWMD). The grant program requires that the project be completed by August 28, 2048. FUNDING SOURCE Funding is available from 441-5181-536-6596 (Water & Sewer FundlOther Improvements/Reclaimed Water Transmission). RECOMMENDATION Staff recommends approval of a Bid Award to Expertech Network Installation in the amount of $1,384,333.34 for construction of the Area 4 Reclaimed Water System Project. Q ~~ l~ L I N T O N B O U L E V A R D Q LANK L-36 CANAL L-3E v ~ _ w~ ° ~M~ro~ ~ ~ e ~ ~. o ~ 8 ~~~ ~ ~ o 0 S. ~ 1 ~ ~ z a> ^ ~ R~qp ~ 7 _ 0 49 a O d'i I ~ DV L? ~ CAN Ai L-37 N ~ ^ N (\\v,(J c a ~ O 0 C A N A L U_ 3 d t p ~ (Nor N ~ N W o o ~ ~ ~ c~ rn ~ ~ z 3 ~ ~ o U ~ ~ sw: vm sr. D ~ yr °°r ~ ~ ~ sw aatx c7. d ~~ E ~ ~ .~ ~ ~ ~ ~, { CN/11L t-3E CANAL L-]B v a~ o SITE .p d d 6 Q U w cri CITY of DELRAY BEACH ®~ ENVIRONMENTAL SERVICES ©EPARTMENT AREA 4 RECLAIMED WATER DA~:o~/zs/zoos SYSTEM LQGATION MAP 4Ci4 80UTH $WNfTON AY840E, DEiRAY EEAp{ FLORDA 33444 2DOB-2D0 i ! ! ~ ~! 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'' ~,, I ~ all ~ " ,~ . ~ ~A -OM I g ,.`7,. ~ I I . a _ MI5 I I I I ~ . ~ I I ~' ° ~ ~ ~ ~'? s }3 S 3~ ~'hi ° !a'~' I ~ ~ ! ~~ ~ ~t I v ~ °_N a ~ ~, I ' , ~ s e rc-a u~ ' a ~ '.g" y 2 rs _F. , 9 _ ~E ° Y'~u idle ~.~ IN _ <~ ~. ~, ~ ~ ^~' 3'. ~31~3.3~ v `~ ..I p> o~~l ~ ~~J~1~ I.,,a ~' r41 ~ ~ a'',y ~ ~~ m ~3~ ~ P~_ ole a ~~~d GIs ~ > Q m~~ ~-` 5 ^a o o S ii rn 3 ~ I d d v~e b ' ~ ~ m U _S~s_, ml , °ion d$ ° m > I d b 3 lk _: a R~~ ~.E E ~I~I~ 4 ¢ ~ I ~ ~~ ~ u ~ c~lw rr rr 3 ~ VI ~ _~n N ova a rcia w s 5 lu R ~ s ~ ~~S~ E 'U J. m ~ a.N o T. r ll ~ ~' V C E F v o I ~. m U U'V U.UU ~ -1 I I " `° I ~ n ~ ~ ~3 a ¢ `- K rc ~a ~ 8 ~.~ 3 h c -K ~~~ tt ~., ~ ~ -u u'~ ~ ~~b~ t7 F w- E I air'~ a al ' d $.m ry H U rv .. ~ '~ ~I¢ . v.m . . w w MEMORANDUM TO: Mayor and City Commissioners FROM: Patsy Nadal, Purchasing Manager Joseph Safford, Finance Director THROUGH: David T. Harden, City Manager DATE: January 29, 2008 SUBJECT: AGENDA ITEM 8.V.4 -REGULAR COMMISSIO..N MEETING OF FEBRUARY 5, 2008 BID AWARD/QRO COURTS ITEM BEFORE COMMISSION Staff recommends award to Pro Courts for the resurfacing of seven (7) hard courts at the Delray Beach Tennis Center and all repairs as listed for the total amount of $19,987. BACKGROUND Seven (7) hard courts at the Delray Beach Tennis Center require repair and resurfacing in preparation for the upcoming tennis tournament on February 09, 2008 through February 17, 2008. The awarded vendor will pressure clean and/or sand courts to remove mildew prior to resurfacing, repair perimeter of tennis courts, patch cracks, resurface with a three (3) coat color system, re-stripe all playing lines, paint tennis net posts, and re-install existing tennis nets. They will also remove, fill, relocate and replace the stadium court net pasts if needed. Due to the time frame needed to complete this work, an emergency purchase order was issued to Pro Courts. Proposals received: Pro Courts McCourt North Tennis 14-5 Tennis Supply $19,987.00 $27,000.00 $00.00-No bid due to current back log. FUNDING SOURCE Account Code 001-4215-575-46.90 RECOMMENDATION Staff recommends award to Pro Courts for the resurfacing and repair per proposal dated 01/14/2008 of seven {7) hard courts at the Delray Beach Tennis Center as listed for the total amount of $19,987.00. Jan.~~. X00$ 3:41 PM JCD SPQRTS ~Jsn•15-~08 a3:avam Flan- Match Paint t56133D6D91 ~r~ ~~~~~ 00 00 No. $~D4 P. 5 T-087 P.,,0~~6i,,/DB2 F-BD3 C ~V ~ ~~j~C''f ~~ ~~ ~ ~: Z ~~ ~~~ Col~struct'spn ~ f~eSUrfaGlrlg • ^esig>7 ~urura~ty 7 4, ~flQB City a~ DE.2~ccay Basch (55TJ Z~~~7?9S 100 AIGI ~.c.z.~.~ ktre. Des?~ay daach., ~~. ~~~~~ 1zE: Ten.rei~ Cbu~cf RzRa~nt.Lng inn ~ 7 G 7vr~~.name+L~- ~i~farz~ar~ Au2chu.~.~rag c7eRa~-f.m~n~ c~eu~ ~ uachu.e.~ng D.t2ee..t.c~, 'aa the aJ~gcz~icr~~~an.d ~aa~.~dec~ fo ua ~y ~¢~ch na.in.t, lrcc ~$ ¢ne ~?.Q~¢r3L'd ~.~.o ~~Le.b~?rt.L~ au~ A2afro~¢~ ~o~ tree 2a pa.irct~ng o~ .the ~QVert (T) ''h¢~rL" co-iRt.d ¢~ ~~e 17~~1triy teach. 7~~-rt~~ Cna~e~. f}u~, A.2ono.ba.~ u,.~.@~ ~~. ~ddQd ari The .Clay p~aU.i-d.~ny u~ ~,i~fi: 9. R ,~ourace o~ /~v~lx.&ke r~ate~t ~.Lth.in 700' o~ .the. vonk a~.e.u~_ 2. Acce~~ ~o aJQJ~ cov.~te ~aocaRdJny ~o Monk .achedu.~e ~ecj~.cadL.er,~ ~y john 1~t~~.~EnJ rznd u.a~. o~ ¢ ~:uEkway ad.~¢cer-,~ .ta ~h.~ eou.~.a€~ 2h ~l 4~C1-y.11z yjlld.l~~rtg 1~2L'm. Oury ARV~a~a~ ~h,en ~o~Qoma; T. lrle w.~~~ 2E ~alnat ~~L v~ ~lze~ hatid cou~t~ uj~.ti~, Ewa (~'1 cau~.a o~ ~'Ofi7If~~D ~L~X~l~,~V~ an- ac~cy~.~c .~ana' ~.i.-~~r~d in rlE~~ft ao.~oa -•eod~. A~aying a~er~~ w~~ ~.e ll» S. O~~~z 13LLLE aRr,~ the Ra~.~m2$~.zd l~.i~~ &~ ~J9o~t.~da ~ite~n, ~. !!le wi.P2 laar~d ~na.ek arzd hand p¢.cnz` the. 2" r~h.ile ~~~y~ny .~.~nE~ aid 4 ° 8.a.oe~.irr..e~s. j, The °o~o.rl~uln" cew~z~ ~1~.~ ~cecelve o2e co¢~ oaf: ~c~yP.~c . r2~,~Gct~rcae~ .in tzdrl,itvrt .to l.lze. #.wo caafe • o~ 7~~e.~~;~rr~ye. - r_ RLL cou.cte ~-i.t~ ~e c~Qr~rzatd f?rt.i.p~i ~o ~}ta u~p.E~ar~tion o~ any 5. ~Je ~~.~P ocaQ/~a and c~earz u~.!? n2~ ~o~sta to n.nmove rXRy ~aoda /za~.nt urz~ ~uc~czG~ ~c'~4~. Gl~, ~.i~.~ ~haR Aa.e2~ ~~a ~oo~o kith a 2u,~~ ~~tohl~l~~.ve ~¢.ir~.~~ca~va .to match ex.i.~t.i.zy cflko~t J [5 _ ~1,~ :~a~~ C~ea~r. u~ mkt o~ orl~c carr.~#~tuat~on de~2~a and .~eau~ ~hc, calta.td neac~y ~aR ~~«y. Thy a~oU~ ltem~s o~ ~ar~k wl.~l 8~ p~rc~a~traed ion. the ,aum o Y9 $7_ - 4250 N.1fV. 74ih 9t. . _ Coconut creek, ILL 3~07~ Phone ~95~} 4~9-489 • Fax X954) 4~ 9-9991 Jan. 15. 7D08 3:40P~ ~~Q SPORES No.850~ P. 2 McCaurt TvorrK Tenn€$ Corporation 10502 Soutl, 228th t..ane Baca Ratan, FL 3,328 !_~eerlSe ~z0[3 t.13y5G $oca >za~r~n: }5b?} 487-8735 Fax: ~ Sb t } 487-891 t JirD Sports Grr~up Attant#Qa:.loh~ Sutler 43817 Parr ofi Commence Suite 272 ~~tr;4)- ~@BCtI Florida ~~~}~ ~~~ ~~ ~~ T £'rtijoct: D~etray Beach Tt~rtn,s ~erster COIV~i~AC`I• C Nlii CNS: Repair ar~tt X~as~srfaeir;g t~# seven {~'j tertr~is cat~rts 1. 11Rc[:curl h1ar~ will pressure efean &lor s2rtct courts to move a7iide~lr prior to resu~acin9 artd will repair perlrr~eiefi of'tennis courts. ~. 11~lcCourt Ngrth wilt afro flood courts and cheat for law araa~, them wt1# cc~rract a~.bast pas - l~,t#~ose areas where standing water rac~rgrw ~ r~1~ks1,i~ xfo~tla. ~. McCOtart Tlprth Vlri€l iaa~h cra~#cs wittl t±rBC€S flt#er that sand each s;oUrk to blend the Prae4ur~es, prior to r~utiaclhA_ ~k. McCoart Narita will r~t3rfatra ttsree ~~~ ~xlst3rtg ~c5urt area, apAroxitr3atsly Slt' x 13Q' artd 3.~' x 'i2tl' ~artd 9Z0' x'l2ri' per Calitarnia'F+rt~ducts Cs~rporation speaif~r.~allctna, ustrtg f~lex(pave Grand Prix rrtatertats wttt~ a 3 ct,a~t ca[ot rys~~xl, 1 coat AtlSport F+nlsh Coat will first be applied to "fill in° tfite existing voids in the asphalt. T#~15 wilt be followed by t#1e applicat#an of ~ t:oets of pte~tipaare Craxt 1'r€;c cs~t~or wilt be applisrl to pravtcte unifarrr-ity ~ aofor deptf~. Eaeh mat df ti~a system will take rot~hly 285 c~aitons (urtdil~ed), far a total of approxirnate~iy 858 ~aflar~s t'nt the ao.rr~pleto system. Ccastornor's choice o~tt colors to be i9~ 5, 4a~n ,r311se and ~Flc~r ~r®~~p ~ IUIt:Cozart Mt~rt#3 vuil# also re~Yir3pe all p}aying-tines rrrith ~#" mss lines, pairtc ~,e ex... ~~lt)~ t'~n(!IS ne# posts, re-f . alb i`he rstin te13 ets. 6. tM€CCo~rt ~larth !s a t~iy 1lrensed aid insured, f,asrtl'lieci" CIF~Ut3 F~SIy contractor, ~~ an ot~~eila! app;;caws of Cailtorr~ie #~roris~ct~, toer~`i~c~t~ !~riil b®pRVVlt3leri upon ot+r r~arelpt o~ f~rlly executers c4rttrac!). 7. I~icCpurt f+it3lttt agrees to provide ivQfs, materials, factor ar}d superrislon io rornpJete th® abv~e s~ork fcr a Burr, Qf $27,t7(1~b.t3@. iVlcCourt Nott#t accspt5 rs~;pors&Ibility Defy for repairs dome l,y McCoe~rt Nbr~t't. ~f1 work ~ be done an a 4irnaly t3asizy, except #cr delays caused by the weather or ath~er mrtdititans beyK+nd MaGotJrt tVrr~rrrth's portp-al. McCourt t~o~ wt#€ nst #~ liable for arty tars, darrta~a ar de3tructi€~n to court pre~rtises, axcs~p# . wltel3 Caused >7y errtptoyees o'f i~icCourt North. grass, #r~,~ shrWb6e~r v++efys end "`"'`~ ,~._: dlfva>~~s fo ba aYelr3pf Trol11 Mot:oWrr NDli!~r'8 4aai?1lity; , . ~` ~+' ~ ~.. ~~~ ,,,,~ ~w"4"" 1 l n ~..~ QLIALFT1l ohty hunts ~rCe~S?1 pane -f Jars. 15. 7008 3.40PM BCD ~gORTS PrcjsC#: d~lra~y f3eac$t ~"er~;ais Center ~Vo.8504 P. 3 8_ CQNf]r'i'IONS Bif+lDffVG CUSTOMER (a} Gustomer agrees to furnish access to sit+a for trucks, equipment ~& materials, {rmad si~tsiiizaHon to be respar~slhility of customer) and ~_~,~1r~~rn~~$.~r. (!a) Gustomer agrees to pra~ide mater errs efectr€city,(wit~in ~'0` of caurtside}far use during alt phases of Corrstsucti0r•, to rema ve end rt3plsca all cour# 'Yur'rtitu~° and/or accessorfes and lq k,~~,p rest tuts ~rnd ~Ir~r~n~r~, pC)~5~L5~1.F7~'dS_ fr~rn urork eras, {c) Cu$tcrner shah girre aU rtotiaes and shall sec~tr~e azrd isgy iariior all permffis unless t~fherwisa docurnerJted irr writing (d} upon oorn#~ietion o1F hurts, rastair~ar agrees 1Jp pnnwido ell tirr,at grading, landping andlar sodding ara#ir3d ~ierimaierta inhibit $rcrsion grwaslioU'ts. (e) prwASr ~aar~' nsalrtta,nas t ~Sa the la reap b $rl~l1! f #!te arraer ~, Customer agrees to f,aymer~# of ~~7,t1di~.43m. A ci~pr~'st pf 50°Ip (~~3,~aDQ.f)A) Es vect~tred ~t~or to McCourt North "scheduling"this prvjeet, The laslanae (~~3,~0l3.©d) is 4Q. f~lc~aert i+iolth guarsr;teers warfc~#tanship anti malterfals rs+~airtst rtefect~'ftsr a }~eriad vt a»e year, sane xearrmai wear sari tear ~knd gnY stfi~ctu.at dam~ga #hst r3~y t~.e lan~xls#~~. This guaran#ee e~xciades normal wean a»ci tear, abt~ss ~r n+~~iect, ir,cf~udin~ (but nAt limited tfl} ~ aa~ of Qc~c! ar ns'ttira andl~r any nti~er,cor~diitior~s frond our can~i bench as n~ta-1ras~ "ss#t9fng•', ~sitr~tc#ural ar si7t~in#ca~E creeks, hytf~ta#ic pressure 1~b3~ies, in#irci$fon oaf rorrtS, ~~ss nr ~resdsl, Srat~tl, acts of vandslismr d~rnag®fnaxn slier biadas, tsiaoards, ~lkas, rn®in9.ertaatlc~ equfprnent arrldlcr ~'ata#cd fiulid~ nlr~dilnr ci~emfea~ liar o#frer sts~ ?mpf+elments nndl~ar apfraratus. rd c r# ~ ' #sn n ~ tre ##r gala tee rri4}`t}i'S of cas v 7'9, ~ a~ n ~ o tea . l~ r slh 1 f #r ~ . '12. Prlc:e subject to ahanr~e if contract i5 not accepted within 34 deys..T~e raari~jr rlslnr~ a' # of m gals r~acltrdas " lrofdlrs "' rlee ores for n extend d erfo n# ~. 'f3. G~agtoF~ttex`s ci~oice aF cQlaxs @r~ #~e U. ~. ~3aart..,~~arad ~$otg~,i~r~. ~d. McCaurt North shall nWllffy lhls guaranl'ee trl tl'+B ~even# the cuStOrnarfails to lbllr"ll tl,e terms ol'tha pa~rr~ertt scherlula set 1vrtl7 ai~ove_ '°'~aP'ft4~S~,. A, PO ~'10T~: ~i1eGoUrt Norti~ wiit provide a °t~oh" on site inr the nine {9) days of the tournarnant #or the pWrpase of ttandGng any surface Carrcerhs. 77~e cost D~°tlais oFtion is art additt~'on J+.~ 2~~J.(i0 ~?~I~ {?~'Y. ,gCG~'P~ - A~CLll31~ {Cl one} i'f.~EA51~ Ii~pfG1~'~ir Yi,+i-i~~HER YOiI FiA1lI~ f:LIwCT~ l't3 tMp~,irtylf~idTQi~T3C3~t 9 QUALITY ~niy hurts oneelll page 2 Jeri. 15. 2008 3:41 PM BCD SPORTS No. 8504 P. 4 Pro]aek: Delray r~saCh Tennis Center VIfARRA1I~TY & G()~.RT CAE~E ilEicCourt Nordh guarantees workmnrreltt,~ and trsatetials age€nst def~c~s far ,~ perior3 of Ana y~e~r, save Harms[ wear aa-cl tear and any strur:tut'al damage that srFay ~e pry-exs~ting. T#tis guarantee excludes norms[ wear end Yaar, abuse or teegi, - lnclud[ng {tsuQ aot Ilrr~ited to) - acts o! iC~otl vx nature andlor sny outer eorrdit[ens ~eyc,~d Aur trot (such as ssaYa~ase "settling", straxct~ral or sltrlnkacge cracks, hydrostatic ~a~essu3re t,ublles, it~t~rtaslnn ~ roots, glass or wends), graff[tl, vets Atvandaliam, detnage frpm roller blades, skai~t3oartls, !tll~~, main4anasaae equf~meat andlar related fEaaids artdlnr cherni~:als or otl~st such trraplotmanta and/or apparatus. Pro arc ~ r~aintenanee is !r r s c~nsitafll of ate era ar • Prosser ba~icefballlSerrraiS shoes musc be vvvfn nn F`>'lese ~eoua#s. Score speakers, srt~et shoew, tfarlc soft salad ~hries, skaaeboarrls, roifer bdariies, eats, >nay ~l~~age #fra neMr cc~vrt surface. • It l,~ carnrrar~n to notice the ap~eararr~ce of sudsy fsufibfes 4r! t~ playi~~ strrFsee the fprsf feirv tfines it re}ns aP~er rest~rf~clrr~t; Fhls /s due Yn tfrs d~Ea~~tat pfgpMenS "carr',f®t's„ iar the µ~ir:t. Yc-u ~aY also be~~ aware raf "scuff"lrrarlts cn the nr'~ aurFisce, i~hm~s2 - are due ea the fact that fhe sur~~ac-e i~ rievY aril ccanSultts trrrsrt' surd Sham glte atcl ~n,om quF stanFa~e that was rsflrxislsect IY is faetler that Serrnis sh~ses `"w~aT" that t~iiaf the surface b$ tsvor'n away. + tidlcCrarrtS 1VorSPe' ekes nrrfy t~rylie .srrrl"aclrrg rn~3~rlafs w'}~rctr corrt~lrt Nth asb~stt-s. Upon rrnaraple#lora tsf fhe contracted resurfasi.~g ~+vcs~ Shete nsay be ``irighlfg}tdng" r~r "sgrt~rsgee shao'ow1ltg" ghat is sofrre~tat9s Wslble. 7'hls is ~ nstrlrsl4CCUr'r6alce asst! tlse~e hI~1'3figlrt msrk~ will bland lr! t+v$t' a pcrl©d cf tlnre. 7"lzis fines ~14J~" h~a~e arty negative eff'ecS ors flee tena3ls c+orart pr i~ Pfeyai'slliSy. Pet manufacturer's re~coRsrrrendetione, the malr~enancs requited far a 1]laj/Cr?i1rt, ten~rrs cvnrlk, roller hockey rink, andfar 1>askvetltiall evurr# srtX/aeed wlGfr +~ie Plexipav~ 5unlaclxsg ~sF'®m 1s negligible. Site surtsare sta~ld be pressnrs cleaned ~rlorlicaily, rf~ri~dev!r is fires®nt. The life exp>~xincy of thf~ st~l'facv sYs#err~ !a ritte {'!} to {,~~ yebr!'s. fl3afnieraari~e ~iaipmrsnf shor~dd rt~fthe,r b~ caperated nor•~tored otl ~esc a~trrf~aces ~rlrt~ce "oils" cam ~axlrrto t'lf8 crteilrrgs {arr#~f psecl~rde pr+operrepal~ and,t~74JlA+8r~ etc, can t~,r up ih$ szrrfeces. Aieaae No#~9: A "sbrt d2it~9" r,~rtinot #~ s~tadui~ wikhou't our rac~ipt c># ay executed ~sigrteti atld "89$1@(1°} Ct~ntraCt. AQC~PT~D ~Y _ .~ Customer CCvart vr#~ His Cp Print lttame & TRI..E of "Slgrier" ~AT~ ~~NEQ ,-_-. .- -- _ - -_-___. Y ur sl ne u acc "COhi'tR,4G 1 is s our nnderstand[it and catty lla i t e T fv'ililS [3F Pd~.Y - CUl~ ~'~~ tl~i~Vlr £~ Y l~ PLEASiE 1xETL~R~D 51GP~~ A~~~PTAi~G~ ~~ ~~C,APdI~JOR i1~A1~. IVlSltrnllCity of f}Pkay 13oar~ ~e QlJALfI"Y ottl~l htyrts aRCe3l1 Pale ~ Jan. 15, ~OU8 3:41PN JCD SPORTS 5tadiwn resurfacing bid s 1AttaGtred Message Fram= Todd al Fast Dry ~Q~d(~f3st-dry.corN To: John Sutler <jbutlerl~YelEowTenn~Bail.corN Subject: RE: Delray Beach Tennls Center ^ate: Mon, 7 Jan 2008 14:21:32 -0500 N o. 8 ~ 04 P• ~ page 2 of ~ ]ohrlr Good aftemoan. FDC would have Ilked to laid ort this project but dt~e to ~ e sha~~ D~G~~~er to alEow four s~/edules tp beprovide pridng, I would suggest that next year the R1=Q~s are sent out at the be Inning accamm9dated if awarded. Thank you for the opportunity and best of luck with all of the tournament actlvlties. Regards, Todd M. Dettor Vice President, Fast~DrY Cautts, Inc. tsidcl.~~~st-.gym w .: ~-,~ srntt ~~ r~~ Y.I"~ ;t;,;s.,~,. ~1~~1F~ ~asl<=Dry' Courtig ~ ~UPPCY ~t1141.tT1' T1Blktlyl5 Cl~tfh7iCONSFRU+Ci~AI kltifif} SiIPsRLd65 x.400 NW Z3th Avenue pompano Beadti Fir 33ftfi9 Toll Free: ].-80E1~932-2994 Fauc: 1.-954-979-1~3 5 Cell: 1-954'444-1275 ~ 1 s com W8I?591785: www.f~t-dry,5.o-ri ~!._-~ ~- ..__....., ----Original Message----- From: Jahtt eut4er [[~'~~itb~tler@Y~11aw~~nnls~a IL._Ga~~l Sent: fr9day, January 04, 2008 5:3a PM Yo: Todd at Fast qry Subject: Delray 13earh Tennis Center Sorry i missed you earlier. As mentigned in my message, I'm attaching the simple specs for the job. i suggest stopping by and taking a iook at the coups as you may see same things my uetrained eye doesn't. Give me a calf alto I'll be happy to set a Gme to meet with you. V+1e would like to have tsids feturned middle of next week i# passible, end of week at latest. 111512()48 ~,,r...rr,,,ot,w,e.t and rnml~~7[lhlant/en-us(Mail/PrintNlessa~e.aspx MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph L. Schroeder, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: January 29, 2008 SUBJECT: AGENDA ITEM 8.V.5 -REGULAR CO..MMISSION MEETING OF NEBRUA..RY 5, 20.08 PURCHASE AWARD TO TI TRAINING -POLICE DEPT. FIREARMS SIMULATOR ITEM BEFORE COMMISSION The Delray Beach Police Department (DBPD) seeks approval to purchase a Firearms Simulator from Ti Training Corp for $ 142,997. BACKGROUND This expenditure is approved in the C.LP. budget for this year. This is a video driven professional firearms simulator which supports training on Verbal Judo, Professional Traff c Stops, less Lethal Force, Domestic Violence, Taser usage, etc. It allows officers to practice firearms proficiency and decision making skills in a realistic training environment complying with Federal & State mandates. It will alsa afford an excellent opportunity to observe and practice decision making skills in a training environment that can reduce possible future liability claims for the City. The Firearms Simulator was custom designed to fit the Police Department's needs with the ability to grow. This model has a simulation "live fire" module as well as an interactive classroom trainer (Training Room ~). The Training Room® will handle up to 32 students independent of the simulator. Some of the features include: -Fifty (50) custom-filmed scenarios -Diagnostic Overlay (frearms trainer) -Enhanced instructor training -Complete portability of the classroom unit -Multiple device tracking {Firearms,Taser, O.C.) -Day/Night simulation modes -All standard filmed scenarios (No charge) -"Mile High" Warranty -- This warranty covers and projector bulbs and paper) for 3 years. the ENTIRE purchase with the exception of batteries Training Officers contacted IES, FATS, PRISM, and Ti Training Corporation for information on Firearms Training Simulators. After comparisons and identification of specific training needs for our department it was determined that the Ti Training Corporation was the only builder of a firearm simulator that ]gad met our needs as well as they were the only company who manufactured the items listed below: -3D Video &Targeting-Realistic Targets -Zoom Properties Debrief-Zoom to observe officer handgun function -Live Fire Platform Configuration-Shoot live ammunition at targets -Interactive Courseware for Training Lab-Numerous courses available only to Ti Training -HD is exclusive as a standard feature-High Def. -Slow Motion Replay/Frame by Frame Review-Review and critique officer function -Version 13 "TASER" User Certification-Certify TASER Officers -FDLE Stun Gun (TASER) Certification Course-Meets state requirements The functions listed above are sole source. No other firearms simulator manufacturer has these items currently in today's market. We contacted the other companies and they do not have these capabilities at this time. FUNDING SOURCE Funding is available in the C.1.P. budget 334-2111-521-64.90 in the amount of $146,480. The DBPD Training unit negotiated the price down to $142,997, saving $3,483. RECOMMENDATION The Police Department recommends approval of the purchase of a firearms simulator from from Ti Training Corp for $142,997. In~~r~c~r~ ~r~~~~ ~~t~s ~rQpc~s~t ~r~par~d ~ac~~ive~y fear. Gera E~~~~~ ~~a~i~~ ~~ p~r#~~r~ ~tten~ica~. uric ~1r~rt~wtz Frtir~: A ~1 Training Carp. Ti Tr~wning Carp. ~~t~e~, ~a ~o~~ ~~~ ~~rtrac~~~ '!!~ ~ire~t~ar ®# ~~~~ r~ ~~d~T~~rai~in~.cr~ ~ 'l.~OOR~3~,19~fi ~ ~ ,~ 3~~ 43~ ~~~ ~i~~ (}~-41 ~.-35~r Fix f7e.:':5 .....:.......,'ile'a=n,.x€+rTrariritay i Tt'~ll>'~I1"1~ Cat' ~ III. C~>T Tr~ir~inc~..t-ab ~Us~ of F'orc~ ~'rainir~._'~tst~rra~ . s sy ~~r~ ___. .......__ ._ ~TAl~1t)A€~® FEAT!t~Rla~. ~~ ~?' ~!ldandcsws XR Prt7~e~sit~r~~l ~per~ti«c~ ~ystorr~ col caliEsr~tir~ ~~~ 17' ~!`l~t P~r~el R~Izsr~itcsr, lllfr~ated K~.~,~~ca~r~ ~ ~.3ptic~l I~rsuse '~~ Tree I~ir~h I~~fanitaa ~~~~~ 'rajCtc~r '~ ~~' 1~i x 9 Aspeiai Ratio {~"1~°' X 1~` ~r~ ~ ~:~z~e~? ~~ .1 ~tarrour°~c! u~~r~tt ~paker ~yste~ ~~ exclusive ~c~;nario and `"Cr1-theq~ly~r :3-~ Audia 1 ?{ t.lp tta ~ lndepencler~tly l~etect~:c~ ~euir;a5 {~ ~. ~ ~ep~rate Sl°~c~c~t~;rs~ '""~~ Pik' - Recc~r~ir~c ~r~cl i~lybaclC t~f Traia~e _.. r`iurti€s ~~ ~i~ea '~, ~~ Trair~ir~g aconaria Library (130 Eros scer~arins~ ~~ ~ce~arira creatiart saf~nr~re v~lC~~strsa~i~ablra ~cen~raas ~`~ Law Light 1 Faashlif~t ~~? Two ~lrearrr~ Lasers try Caliber) !, ',~i.: C)C spray Canister ', ~~; latt~r~ ~r~r~chir~c,~ ~~' Report ~~r~eratian vr1 Ter~aplate ~esic~ner ~~ Tvuss "fit©rrr~" Travel Caws ~_ 1 Year Warranty ~_ Extr:nrte~i ~ysterss 11Varrar#tles Availtsle ~, ~~ ln~structor Trair~ing Custpmer bite , Ti Acatterny ~I~enver, C~3~ Tralnin~ l1Wak~ _ k9~~ of l~orc~ Training 5yst~rn: t;U~TO~IEI~I~® FIrATUI~,~: ~~ 1 - 3E~ ~tideo seenarics option {2C~ Scenaricss ~ Masses) E ~~'~~ 1 - ~hadt~vu Plre -Return fire 'r~': 1 - Ts4S~R~ C3~vice, [vt-~~, User farira~ Trair~irs Weapon Vii; 1 - Additional TA~~R ta~ser cartridge 3 ~~a ~ - Reccail ilV'eapcns , far ar}y Plstai, CC32 rectaii Kit vat baser 3 ~'s 2 -Recoil ~Ne~apc~rx AR-1 ~, C~2 Rectsil lit 1L~ser `.~i-, 4 _ COQ felt packs far recoil we~~~oris E Sri' ~1 _ TR101 Classr€sam Training sir~~ulator Wf~~ ~ey{~ads ~'~- ~ - Aclditic~nai keypads for TR10~ '~~ 4 m faxes of Ct"2 cartridges f5t~t3 ct per bc~x, ~tt0(3 teatal} ~'~'. 1 - vivo fire ~creera, aelf cc~r~tair~~:rt (2 rolls of paper incl~~d~:d;' s E ~~' 4 _ Live faro replac€;~ent paper rolls ~F 1 - C~€storr~ Sc~:narica filming paci~age (50 t~caaric~s) `Ti. ~1- f~dditi€~rsal prv~ecttar ~iulb ~ Ts 2 - Adtlitior~ai ears of ~rvarrr~n*•y ~?n ^r~tir~r "-'.}'fi~r_r~ (3 Yr. totals __ . _ ..~. TO"f _.~rv -.~ .~._~ .~ _____ _ .~ ............v.. _ _..r._.. __.-E AL CAST CAF ~U>TCJMIZ~® IJNtT fair ®EIw.RAY PMT. 1~t~997 „~'~~ STRt7N~~S~" ~t~lV1E'N°T iN TRA1Ni~N~+r°' 7"1pP K;r<an~i=.;! ~~t~c.+~ae eat r~: 7ra~irrin~ Tr~in~n~ ~~r~. !I. LINK IT~~P! C~ET~11~~ STl~l~l[IAR~} ~E~k~'4~F~ES: ~~' Windows ~l~ Pro€es~ional t3perating Syster~n Tie t;c~t'r~f?le#e syst~~'~ a~~ryrte~s ~>r~ Ef~e~ ir)f~C~~r ~CP~~'rt~f~SSenrs~~~ a~~er~c~tir~~r~ sys#~rra ~vath the r~~~ "Vi~~d~,~ foc~ns. ~~ '1T flat Par~e~f ~licanitor, lllorttiated lfey~oard ~ ~pticai M~su~e Ff"~e S~ystera~ oorraas ~vitf~ a 17" f1a~ f~~r~c^.' =a~c~rai#or, cif;#Ic~at n~at;~.^~= ;~:~?~ ~~r~~"~c~~tdar~ ~`e~~far~. ~#lawra~ #~ae rr~o~t,~r~arto ~ar~rr~ ire c~r~ ~~ar„~?°a~ ,="r~ r}ebriaf. /~rt~ ~n ~Jfvr~~ra~#eri ftrlf ~e~~ra~r~ fear ea.~e of €~~~ ~r? fay '~:'_~ tr~~~ir~irar~ ~nv~ror~r~°ter~#s_ Ti` True High C?efinition Victeo projecttar Wi~esr;reer~ }-lac~fa (~t~fir~ltfar~t #-larr~~: ~rr~~rn~ f'roj~r~tt~r~. ~55t~: ~ ~r~r~fr~~t ~?<~1ica wr#h Srr~rar~~h ~cr~er? T€~<:f~nr~lvgy, ?6.~ f0i~tive Resotu#ic3r~ ~2f~t?x7~~ P~xoi hf17 LCC7 l~~naf~~ ~'~ 1~ x 9 Aspect Ratio (~2' X 6°'I,13, Screen Size Tt~e ~ar~jeC#ic~ra sc~r~eert i,~ pr~rt~d~le "C,~,~.L17,~-~ ~~# ~c~fd'; comes aarrth ~ra;rel c~sa end tags. The si,zc~ rs ~ ~' ~ 6'9 9 ", ~~ x ~ ~sfaect r~Cio far h~~ viev~rir~t~. '~"ii ~.1 Surround Sound Speaker aystern ~rrsn# Lef#. Frnrrt f~rgh#, £~er~#er, f~e~r ~fc~h#. f~e~r f.ef# ~a~ ~ Scrb~vc~t~f~r cc~m~rorra~'so ~hc s~aa€cer sy~terr~ #ha# is stand~r~f vr~ #~~ 7~r~°~ir~irar~ #.~~#~. "?~ ~xchasive Scenario and ;`{fin-the-I*iy" ~-© Audio Na#iwe to the saeraaric~ is ~. 7 Strrrar~rtr~ ~at~r~d rect7rd~;d ~furing filrt~rrtq ara~Iar ~ddecd ire ~aos# prodaac#ian. 7~h~ systerr~ #hen plays ~ucfrca frc~rn ~~ro~ri~#~ loc~tians during scar~~ria pl~yb~ck. ~Isa, the fr~structar c~r~ ~l~y any euc~ic~ file Pram a specific Bae~t#c~n irr the #r~dr~rr~c~ r€~orn tc~ provide directrar}al s#trr~t~Itrs to the ~tcrc#er~#- Glp to 6 Independently [detected 13evice~ ~e.g. ~ Separate Sl~oaters) ~~?£' SyS~~'iT? ~~')t7 ~rc°~clti tf~7 f~3 ~ c1B4PICe~ c7P C?l'rE? tirr~eo. ~h~'~~ CfE~Ili~~'S c~r~ h~ ~s 5igr~etl ire ~r~y rr~~°~rrr~er~. far ~x~mple, they ray all he ~~ignerl ~s fire~rrr~s ~6 shootea~s,}, They cnra ~=~d~r~ b~ ~~~sic~r~~c# 1r~ ~arrtbirratic~r~. ~t;r €~x~rr~~le, firearms, 2 ~",45~F? tf€~s~rc~~ ~r~rl ,2 ~~ c~rtisfer5~ ~~ch cl~vice is tr~ckeci r~s #a #h~:y #ype caf cfevrce, which ~h~tter~# fired dhe ~!evice nr~ ~~of~rert~ the rfevict~ irra~actes~. ~TNE 5`T'R+DNG~~T LLI~~t~T ~~ ?R~~N1N~" r fir~lni~~ c~r~. ,., ., °{Irrn~^nIIin 7rasi~zirrto 'r~ ~iP - Recc~rr~ir~g end P{ay~~c~C of'Frai~~e -Audio end Video Tl~e st~arier~t'~ aetions ~~€ro reoortfe€~ cfurrt~g the trairairag sessiran try ~ ~,,rtleo r,ars~era. 7"lr==; foot~°~g~, with ~cr~io> is tl~er~ s~vallabl~~~:- 1_ar,~laydaa~k, larct~~r~ Fra paic;•tt~r•a f~;r~,~.~~°. syta~ht-r~r~iz€aei with the soer~ario, T,-a_~~. ,~flcavvs the t~s#r~.;t;tor ~~xrcl tho s~u~ent to ~ie~v sovhat aetu~lly oooclr~ect clear~l:?:7 tie: ;;G~ssit~r~3 r~>rrata~irac~ Gray g€€essworlr_ ~ceraarirs EditorlSoftw~are Ttae ~~onar~o ~ditrng soft~ara allows yoc~ tra take gray vir~ec7 filt~ ,ootae {star7c~<~rrf rlefitaitic3aa or tltgl~ ~,~flralti€~ra) aracl create tra€~ltiple hrarr~hirag s~ertarirss for ias~ o~ tho systerra. It ltaolc~t~as ~~~ easy to ~~'~ arttf irttc~iti~~~ syst~srra fear c#efi`rairag sce~os, itzoraes (for• fi€°earrrae CMG, TAKER. et~.•~ ~ra~ hrar~rc>airpr~ ofati€ara~. °' ~o: Tr~irting Scer~aric~ ~.ibrary ~` alt s~eraarios c~~e~~1:~~ ~ fly Tr Trarrairag are available E~'E of ~l~l~l~GE to ocrr ~ustorners, Tt~roso ,; ;lcrr~e farofesslonally filrnect a~cf edited scenarios ~y created fJy C3f16 rra ~t<'~tJSP ~arnc'lte€etrora ts~rra. ',~'~` ~c~str~iza~151e 5~ert~rios td€~ery scenario ors the .systerrt pan fie ~harrgecl by the end r~s~r. lt~ other a~cartfs ttae ertct czser caa•t r~'f~firae lait,~caraes. brar7olziraq faoints or any ra'her aspect of flee scertari® ire order try a`nor~: calosely rraatch your reel€rir~;r°rre€3ts, f~oJicies or tra~•nir~g cafa~eetiv~s, :~`! ~~w Light f ~last~ii~ht The Training Late allt~v~s for the use of aet€aa1 flashlights covered fay s,~ecial filters. The instr~:rctor r:~ra set gray ltghtirPg le~rel fcar the scer~arita fc~rcir7g the use of ~ flashlight to lit~tat cep th~a ~cartior~ caf ttte soreera that ttze studsr~t u~arats to see. lUfultiple flasl~lrghts Sara face cased. Then daes rant affeet the rise of any laser devlcs. T+' Twr~ Fire~rrra Users ~At~y ~aliber~ V1Virele;~s user r'nserts €~sirag staraciard, off the shelf kaatteri€as, Tt?ese lasers slir~e into tho taarrel of the firearrra_ ?~ t~C spray C~r~ister Realistro~fly ,~i~e~l and ~tr:_r~;•~-•~:~', f~trlsr`r~q laser c~~r~rster that fits r`raf~ st~anr~arcl dcrty gear ~~ holsters. ya~~~ r,71 ALi~~Ji.~~ ~~L~.L~ / ~ ~~~~~fi€i7f~ %'1ti' S`la°¢rAZ.: -~P ,'~-?,"He'a~l in T9~rrlnd~i;,r Trair~il~~ Grp. T; Baton E~ranching ~- frastr°tr~tr~r driven braric°laing fhaf shows the alapr~fariate ~o soreera rc;ac:tio~a tca ~ ~ f?atorr strive shotrl~f the sttrdenf feel tlaaf the baton was fhe correet fore of3tinra. T~' Report ~eneratiarr wl Tern~iate ©esigner ~, Reports as sirrtp#~ as tae, Tirrae, Bate artcl ~oeraarica Title fo irafrir~r~te r(~e/~pF{o~Arpts~°c~et-}a^$i~tirrre~tp~`miXP3/y~~[r~~c9~taranr:~~}filc¢~r~lc~{f^shq~a~i{s~v~t]~jf¢rq~;at~~gyy~y,Ir~er~jPec~xr~o°slir?{c7 Phiasy/ ,]!y i3Vt1 YY ~Y ~- f 1 ~r~3 ~[/~~'i'is! V ~C.lds l./'~l[~t>-f d ~~Vf Ia3 l'JfW 6r ~rW/ ti~S.i/~~., ~dt F~~#~ ~~6'.d r3l~C?j 4~ fc~rraaafs sfrctr as Ivtrcr°c~soh ~xcei. Itolicreast~ff V~r~rd, eta;. . T~ Twtr "Storrrt" fira~e! Case-s (wit~t v~r~eels}, t7ne 5~reen Cage ~~i ~ Year Warranty -- ~a~tende~ sy'~tem Warrant~e~ Ava6latZie ~, All inclcr:sive, "lairrrataer~ tea t~tarta{~er~"'vvarrant}t €~n all systeraa cotxaponerats, White ~. parader ~rarranty, call scen~~r~os ~°~ra Ft~?~~' of ~NANC3l~. r- ~"~ Training c~ ~u~torrier Situ ~ Ti Aca~dern~ (~t~lcten, ~(~~ 7~r~~ainint~ is for ~ rafficers for ~ rlay ~2~f ho~rs~ at th€~ 7"r Trinirag ac.atleraly in ~aldan Golt~rado. Flights. Ncrtel, Breakfasf ~ ~un~h will be farovideCl alcarag with trc~rt5portc~tieart to e~od frrarr~ Arrporf_ This training is fc~r .basic taper~'~fions ~' aract trotahle shot~ti~-rg. Aaa adt~ificanal 32 hour trairairag session will bs held nra ~ site Delray Bea~h~ for ufa to ~ officers nra oreatinc~, filtaairac~' arrd eflifirrg scenarios and ~ refresher basic operations cotarso. ,~ TRAlNtNG LAB CUSTt~MIZ~[3 IsATURE5: {ir~cludeci.~ '~ ~~~; 3U ~li~er~ anal Targeting ~ This f~at~rre allow the Trainee tc~ wear ~ pair rsf s~lasses Arad +rlew setecfecl ,scenarios arrd Targets r`n .3-1~. ;`xcicisive tra TI 7~rainirrg (~d glasses incltrc9ed} `~'~' Shadow l=ir+e (return ire ~annr~r~) ~' The Shaefc~w fire is ~ retirrrr 5re slrnulator; csperatirrg Iradefaent3er~tly of the rise ,~ cal frarcr: systerra baat can be iraoorpc~rafed. If fires hard fcaa~ balls at the stcadent ira training arrd is otaerated by the instr~rctor. The Halls (950 Batts) _ are projected lay air, 2 r~afill~~ble t-t~A taral~s are Inolcrtted~ ~' Cnrnes ~rvith re~0l l~~tt. ~~~~ sr~or~~~sr ~L~~~~~ rN ~~rr~r~r~# ~F'~IE"llCt~ ~~?~'~. l7er ~~a~!,s ;~._~s. ~,Trrnr-d r' 7~r~tirein~ fi 7"~4SFR~ l~evlce, X or M~2~, lr,~ser firing Training V41e~para ~-26 TI-l ~~R urep~an is ra~aratafaaturec~ y T~ ;~~ far Ti Training. It !s ~ racar~- firing weapon. The weapc~ra lets the reai user srglat anct ~oirntdawn timer. The cartridges ~~~ve 1~ser.~ at Ern ~ degree spre~~acl. bath Lasers iaave tc~ Tait Tlae subject "~Iit Zany" for brar7ctaint~ to r~cctar. ~ reai T~~E~' cartr,`rige e~ar`~ 1VbT be fired by this "safe `' s~eapc~ra. ~i~ Recoil 11~'eavn Clc~clC Han+dgur~, ~~2 l~ec~ii ~Cit uvlLa~ea- Tlais is ~ recc~ii kit #~y 17vr~rak. 1t is ~ etrop rr~ kit ~vitPa ra© raaad€fia<°~tr`cara~ fr~r the N~~paft ~1`%1~° w~c~pt)rl is Ctt~t dr7c~tlt~~'c~}. ~~'7f; r"~'C;(?ii c1~C1E'S t~"f£~ ~V~'~pt7r7 c"?t7C~ J.~a pawersc~ Lay GC72 aaraisters warm are the Melt. 7"t~i4 is incielaet~ctent eaf ar~y ~'atl7er l~ser~ d~;vices anct h~~s ~ ~.tnirtrxe sairracl vvhera fri°erl Recoil ilVeapc~s~ AR-'~ ~ ~.or~g-guru, ~t32 Retail kit ~nrtLaser phis is ~ r-ecs~il kit by l~v~arak. It is ~ rirc~p rn kit with na rracadificatians fear ttpe w~x'~p~ar1 ~t'J~ Vla~'c'apC?fa tS !`t£3t iracl~e~a'sd~. Tl~ae retail cycles tt7t? WGa~?(3rT ar?d 1S poverererl Lay CC~2 c~araisters wcar:n ors the tael#. Thfs is in~lepsntfent of Gray ather laser ~iesrices atacl has c~a trrtitrr; sc~t.rraci when fired. !~~~ ~C)~ Belt ~'ack This is a Batt Pack that ~v~arks write any ref the recoil kits. This allows ttae trainee to move ~abacrt Lire rcapra~ frerzly with Gray tstlaer°. Vii; TR 1fl~1 Cla~sraor~, Si~rulatai T'he clossracarra sirrac~latar wracks within the T"raininq Lab gar irtc~?Pperactently with aP)j7 ctamputer. Tl?e T~-1Ct9 CC?/'I'3~'s 4aVlth ~~ i(eypr~[ls, r") reserver" c~Ctrl saftlNc'~re~ The softc~rare can be loaded ran any carnprrter ar~d r~ran the ksy~a~ds with the recei~rer attaclaetl, 'rig lkc~ditir~nal Keypads These keypads wark witty the Tl~i'~~(19 makr'nc~ the classrt~tarra systerra usable with ~2 focal keypads. ~` C~2 Air partridges (13ox 5~Q) 7"he G02 cartridges work with the l~ecaii kits ~~nd prr~vide the air trnc~er pressrrre t® activate the rsccail optiara. "ash bax ccarafains ~~D cartridges and each cartridge affsrs apfarcaxirraately ~~ slar3ts far a tatai on 9'7,t~~fJ shots. his ~dditit~nal ~'rc~~ectar Bully Tine prrajertc~r• has a 20(l~ hour b~~lb sfanclard and this is a replacerraeraf bulb after the initiat gulfs expirers. "THE' ST~'t€~WC~~'' '1' ~l~A~iENT 1t+I "~RAl~N1~t„x~ 3~)r~° ~i~trr,ra%<<'=1 ' ~drr: ~rr~r irr 7_~,aarirE;,, r#' ~iv~ ire ~~r~~n The lips ire screen aoa~nects fry the trair?ir ~~ ~~ah srm~rla~~r. ~~:~~ ~alC°~c~a~l in safe dive ire range the sr`ra~udafcar' carp ~~=~ .s- ~~~d with r~~r~i i;,ai;efs_ ~~;a7e scr°a:er7 has haltistic pr~atectic~n and has ~~tafarnv'~ : tr# ar~d iaaper ccsrati~a#s. This srreeta ~~1lt~ws the sceraarrc~ to he prr~jec.~ed. Brarac,iaia~tc~ a,-rt ~hf;~tt~#acer~~~:~~t caaa tae detected witharrt ~fhe case csi"B,~s~;rs, huf ire 1iiPP, ~'re_ C;carrf~;~ ~rvitl~ ~ r~~jis ~f ~apar. Includes d~li~~ry s~at~~~ ~rt<~ traia~irt~~ kay i 'rair~ir~c~ ~a~rscira~~~l. T.'. At~diti~r~al Paper RaliS fcsr the Live Firs Scre~r~ These paper ra#Is are replacerraenfs fc~r the rari~ia~al r~ol#~ sr.€pplied wa`fh thy; systa~a, when the peer rta#1 iS e~harr ~fecl a r~ew r;~t# is r~etltrirtaCl foa' ~;ar~tirta~ed trr~ir~irac~. ~'~ Custom Scenarios $~fl) This paclra~e is tine filrrairar~ ~~r~d c-~~ftrrrc~ cat ~0 au~tarrr scenar•ias. ~"he prafessionai film crew fraara T~i Ti~aia~ia~g vvi!# travel tca L3e1r~~ry E~each f~ caorclinate. plan, fplrr~, ar~d edit 5~ scen~aric~s written 1>y the trairai~at~ departanetrt taf ,C~e1r~a~ ~taac;tt ~fl. trr ~'#€~~3i~;t aver~rfs Arad trarr~inc~ t~lajectiv~; relevant tc~ the #cacat er~virararr7er~rt ar'~d dapartr~~ent ptalic;r a~'ad prracedure. Afl related travel expenses, ie: Arr. d~#otel, far etc. ir~crorred ~y the fi#rra crew are the respvr~sibility of Ti Tr~°~1a~ir~t~, The Tr Pilrr~ crew wifl divide the scenarira sessiran irrta fwa ~~~ filrr~in~ trip ref ~~ scen~~ari~as ~;ach trip, Tunes arac' d~~af€~ ~xver the Three years peraorJ tca l~r; sat by L)e#r~ay Ponce t~~~pt. ~' ~~'~ ~ 3'~ Year Warranty This is a complete t-v~arrar~ty an the entire systerra arr~t all parts tc~r tt~e ~:"~ ~ .~~ ,years (1~' dear is car~ere~t with i~~itlal purchase) 7'RAiIViIVG LAB A©DITiC3~iAL EC2UIPNI1=I~iT; {I~o Charge ~- Inducted) fit.: C+~Iling Mdurtting tfarct~rare This hardware is campatible sJvith t}ae 7"r~~ininc~ Lai prra~ector anc~ ghat fletecti~aa~ cameras. Al#awi~g the projectar grad cameras to he cei#inc~ mounted giving the trainer an un~bstr~rated area. ~~+ Shot Diagr~osti~c t~veria~t This software will allow a trainee to shat on fa`ae siarlatar iat laser ar live fire rnrsde and the system wiil dive ver(aai ar~d visual c;c~es as to shat p#acerr~errat. ~i FDl.~ Dart Fire Stun Gun Cr~urse. The Hart dire Stun Oren ~ottrse created by FflL~' z~nd carrapatible with tl~rz TR 7l) CI~sSrC7(3l71 slf73li#M"~t~11` wll# tJ~ 1fdC;I~1tt~'(~ rat nC~ r]d~t{1~#dat ch~r~~. "T~;~ S'UNGf~"~ ~°i~Mi~NT i~J T~ArEN1NC" TIC. _,_ :-,ta.=:,r~r;iJirF7,~rioxtl:~ ~~ E.~t~e ~~Mli't y, !ENV Mi/~ } '' _ 1 l: •~.: Ir. V-` F ~1...~.._ ~:'~. 3 years tc~tal(rerrewabPe Prlor~ to third year expireion) Free Sof~are upgrades r~rhile under ~erra~fy {~' Yeers) 1~i Training has full tir*~e cUStC°r~ ~:~ ^aaf1~°tart r~~~ r~ r~,n>:~tiv~ whc~ is availat~ie in the ~~r€vE'f ~sffice. Calf frF=t~ phar-~. °,;~~~~ ._1e. ~-1~ .,<~d .,a~aii, Tfae office hca«rs in thy: Denver ~olcarado c€~'`,tc~ra~ser sr~pp,art i i,-~~ir ~~~,~~ :=,r~,: ~ - Tana ~~ ~pn~. V~6~:ekc;nds ar~d after h~arar5 tfle custcar~aer Supc,,:,~f ar;,;J~ ;+,;~~il::k°:€~~~ ~~f7 via celit~lar pl~c~ne end -rr~at(_ lr~ additiara to the f~~ii t~ira~c c,; t_;r,;., - s~~>>~ • ,, ~~.:;h °.~F:~,_ r., ~• ~.; , tr~~~r7~rs th~e~t }"f~V~ t~T~ k~"?~3wIP.dC,~F; Ctf ay='tf:°tT3 C~} ~;""+r1~:s~1 ~i ..,; ~ , ..;;., G~,^,r, ~~t.i; I;` ~ .?v("~ i~lE` ~c~t7>~; caffice iacaurs and are ;::~~,~r.air',<~: _~.., ';+:11u;s':a ~ I-,,~~c .-..3_a<. it .~ -: r~,fj-rn I~as tea ~~ mailed back for repair the tt,it`r~ ar-~~~~d tirn~~~ is 2~? ' ~ :;yrs. if ~>~ arar~~ c:~ra nat be neat, a tcaaner systert~ will he sent tav~;rr~it~ht. `yr~u cars ~,~_~::;' ~Yvur cc~nier~t and be e~p a~i tr~ainir~c~ with inirnaP dawn tirrte. Erg z~ddititan to th r~1i i=; r- s~tfapcart i Tr::;rlirac~ has ara capen tr-airaing atiGy. mere ira the D~3ravar ~3ffice '~i ;raid rnanthly tr.~~~~i"°~ ~~~s~;ion in tatath technical issues and user ir~terfare issu~a, The;~c rtaanthiy class€,~ :,r~ free oaf charge tea attend. Tbey are scheduled ra~acant$as ca~~t anti a ~imtale ,~:;ar,Firrnatirsn assures y~aur pecaple wi11 never go t~r~trairaed. 9r~ additirara tca the capon ~tarc~ir•~~,r~t ire the Denver classes, while gray crsstcsrraer as undar ~ranaraty. the r~usteartaer i~ .~:rllc~wed cane training class. at tt~e rusttarraer`s sits; fear racy adrfiticanai charge; ttais class is fear three days rand is custc;rrai~ab?e tca the end users needs in cjperati~an, ieGhrtical supptsrt or spew users It is the fahilasraph}z raf Ti rairairsc~ the system ire ntanufactrare and sell and caraly as gcarad as tlae end a.~ser anti their expectatiar~. ~a~Jitta that ira mina we dsa everything possi#~lt~ to mairataira ara apes dialog grad c~sratinuert tra;nir~c~ tta ra°~ake ycaur training the taest it cars tae. ~'fae e~varranty covers all rcarrapc~nents of the Interactive training system grad gray c~rstcarni~ed €;carnpcaraerats in the ir~itia# ranter. inGludint~ the live fire screen grad cieL'ices. {Warranty daes neat saver batteries and prca~ertcar bulb car live fire paper roils} B~alaw are the bullet €~ints a~f the custaer ss~ c~~t #an: ~"~' 2~ #~aurs a day, 7 days a ~sreelC, 3~a5 days a year Nat twine T°echnieal Suppr~rt via t€~iephcan~: ~!l ~n-Iirse Rerraate Mait~t~;r~anc~e ~I-1 Diagr~tistics. Re~i:,air Parts and abear 1gCt~d~ ccaverg <at the 7~i Repair ~aaility in >~Irsra~}ca Ta~z Free ~caftvvare t~pctates ~rs~, Unlirraited ~red~ts to a Iristr€~ctcar Operation ~ TeGhnical Cararse offered monthly, used cars ,~~,r-c,lahility, L~er~ver Co#©r~do ~~` ~niirr~ited credits to a instrurttar O~er~atiar< :~` Technics! C~aurse caffered cttsarterly, based ran availafaiiity, t1e~~rer ~oJr~rado ri Orie trip by the Ti Training staff tra our Icsoatian fear ;~ days anncaally v~hiie ~racler warranty ftar r.;astarr~izahlr; trairtin~ sessiran ono aciditcanal charges apptyt fir= Lq~raer ~y~tem while yours is in fcar repair. „`N€ STRC3N~~'ST ~i~M;EN"~ tN '~Alt~~l~G" Yhr°.Srr~pr~<~~Yhtrrrarritix ?°jwinr~a.t ~~f~rerrce~ Citr~~ ~C~un1y Sheriffs ~f~~ ~ C~t}llt~~4ir~r~~t F'~ar~c Services Phnrae; 3~2 ?26 4488 X 252 ~.~ a{3~Crali~t ' Flclt3r~~s~; ~r,verne5~a. ~~, l_:-,~.,°~ R~t~<~ri t~attc~~na~ R~;rreat€orP Area ~;t~lli~r Cr~~.rP~3y Sheriffs ~3fftoe ~~~ ~25~1P. ~P,IC~{~flhi3lT'ilt9el' Phr~n~ 139 7x33 ~~~~ Arldr~zs: N~fsle~s. ~'L. City raf Mari~o~a F'C} thief P~tri~k ielvir~ Ps~r~n<= ~2C3 ~s68 998 ext 5031 A~idreas: t~~aricc~Pa. ~;~ lJniu of ~ot~ihern Calif©rCti~3 Grey (~rayttan thief [?PS Phone 213 7~i3 4377 ACo(3r~$~: i.,QS Paf'iC,~£'.I~.Q. YrA Ed+~r~rtf l~~r~dlchc~ PhCane' 2f32 26CP 36$1 Acic3rr:ss: ~Vastlir~gton. IBC ~?Ft~ ~aysfertts Roy ~3ederd ! P~~ne: 8 aCl 98~ 7729 ~' Address; T~Il~has~ee, ~L i t~~11i~1PS 3 C;reg .3ac~cson Advanc~:td taw Enft~rcervrerkt Tr~lnirsg FLI=TC GQynco A ' Phone: 97 2 267 2245 C3klahr~rraa ~~,~" C9~ris SutE~rfield S~ni~r ~rainint~ 1n~t Phone: 4Q5 239 51 ~9 Address; Add, ©!~ 3 Sy~t~ms L` , • 'i r elf: ~; rii:!;1 ''_;>~'r~'Pa;~I Jt:I51~r;e'~,c;Ptf~r ;ir„'S F- `~• rig i;,r,.„ { P,~,:,:r ~ '~"`, 71; ;~3CJ2 x 182 i'~.rr'r! a:. Fx~:y2~r 1~1i FS ~[~x~ai{!~~ fig[? ~~t PCg?Stt1 i7ebow F'hr~n~ 6~a~ ?13 13132 eat 130.7 Ariclrr~5s~ Kn®xviilF;, ~,~ S£~t9t~wic;k ~ouniy SCJ Scat 0~~ve P~lattingly Pf~~n~: 31 fs 794 ~?6f33 ~cdra~ss: 1l'Jit'°hita, Tt~ ~tt~,>iro At?ant~ Rapid Transit Autllrarity ~L3 Sr~t AIler~ ,taoos t3i~9t ~ostirnaElder t~h~rie: ~1~4 848 3671 AddreSS; ~ttl~arit;~ ~A IJ~P~ -~. t)IG .1i ~taugt=trsrr Phone: 2032 528 8446 Itr3tiri3ss: Artir~gtcm. VA 7"SA ~~ federal Air #~~larsha3s Ail~ntsc City, NJ Artesia. Ntv1 ~ FL T~ ) 3€3 systems "T~~ S7"RQ~G~~S'~ EL~~Vl~N~' ~N T'1t~I1NINt:~~ );_~, -la y.~:,..,•,, , F ; Yrntra3f j s3 7 a•r~irrir~,~ `r~in~r~~ ~c~rpx tk .`~,o1e Source ~acu~rtent~ti~n Tl~~ fc~lic~viritlg fist is futures that ~r~ ~xclusiv~ t~ the Ti Tr<~irtincg ~1~~ of t~rce ~irr~ta~~tear the "Trailtitlg ~~~", ~~~ic~m ~~e~iEur`~t Tlj .F~ul9 til){I{i~.~}~ i~~~fi~~iti~,r~€ 1f~ .~ ~1 i'i~r-friki# ~~z~i4~~:.- ~ta~~€1~~°~1 '.x.11 ~.1 ~~~re;~~~a~tl `~c~~s~a~j.~ 4C:atttl:~r~tl T_ :~':3 ~'i~3~~;~ ~~n<i ~I,.~s-~etig~i>, - ~i,~~t~l:~r'cl 7i r; [3~~~, r ~:i~r~ki~~~; (~q ~114,~~ti~rs~.- ~;t~r~d~~~rl ~- ~Ti' <~ut~r ~~~. ,terra `a;rc~a~: (..:~~;a~r ~~~Iil~r~~ti~~,- ~t~t1~t~.tt`d 7i= ~7irec:aioa~~l ~na~nff ~;11~^~°t tat) `~,,aarar.l~... `?tsd~r~( ~[~ ?- ?~~l ~;i~-Ilr~~~~I F)ri~~c;5 f4~a ~ ~~°~~~,,,-.~:; ~ic~r~a~c.-'~f<i~~€~r~~•~l ,rf l=rce tjl.3 ~;;:craE~ric, l..i~?r;ar~.- !~t.ii~rt:~.rct ~Ylf E~ru~^ ~'~~ir~izj Ss~~aatat t3~i~rk IEar ~~~~°~~ct~iaarr~~l t~~f~3 ~ouracl ~c4wtaar~.- ~ianrl~t~tl ji~ ~wa~7~<r1~3G° ]'is~t~rrc ita 1'ic°laaa-~ IZ~c°~sa-tli~~; cat'~~~I~~stt n'!~,#iiar~s -~ ~t~~~~l:~rd "Fe~1~-snctr~•~c,ff:~~'das~~ -:~><~ai~~rhl~ i)eia~•ic tiny ~ li~st.r«:_t~,r rt~~?t~itcar 3•is~~~- ~,1~I~tI> (I'ic~r~re in t'i~ Lire) ~a~'aat~uct~°n~_- 4t~€pt~~s~°d '~~ ~c~aaara,~~ ~°if:Ir~~ g~r4.rllin ; ~t~ ~ x~~~a re~la~ „~ ~iu~; ~<if~a 1rw~aa~~,~- ~~~~~dt~°c~ 7F! Slo~r~ "4S.aRit~n ira r~:~t~l:a~: ~,~~ I°r,€rrr~; .~c' ~:a~~~ ~ju~_' I~, ~a~;~_~.j.- ~tx~n~l.~rc1 .~'~~ ~~f~~,rr~~;~~c~ dchri~ fir~~~ c~:'~! €:)~~e4. '~ ~'~•~,~;.. i'~~ ~. ~;~r~ , :..~~ ~~~~.~ ~~ia~t ~~ ~~~~iri~~.- ~;f:~nct~ref Tr~inin~; Rote "~1 {'Ea~sr+~artrt s. stem int~~~°~st~~ int4~ "T~raiz~in~, L.~}~ ~~3~ c;~€a lie f'r~~st~arac~itr<.z <~~z tar?~• czam;iiztcr. E~re~ yi)1tt~°ar•L' ti,r' naultiEal~ ~zg~rs.- 4t~~~~s~atrc~ _ t.~~ E~? ~)~3~3 r~<~~a~:~ ~s~rris ~~cr rc.c:ei~~er__ ~ta~~tft~•tI '~ 1;m3accld~l i~tc~ f'E~~•er~3iz~t.- ~t.tt~cl;s-rd ,T1s ~E;, #~~r~rr . dirca~ti<~rz~=} I~2cs~~~~r~se c~.rtiaS.~- ~St:~r~r~~rcl Trai~in~ '~°atirl~ ~ t~~°ca• ~f) Sub~~~t ~t<~t~e~r ;~,~~>z~rt5 ~:c~~.trit~~~tia~~ tea ~~:~;ra;r°ze~ ~.i3n1Ci1t. -- Triclt~cle~J r, Free irater~a~tir°r„ tr~inin~ ea7~€r'~es.- ~t~~trll~rd ~~( Aeccs~; tc~ a~ IiE~r:rr~ c~~~.I.r:~iatiet~ C:~~~rrr5eac~s7~~.- ~t~~FCi~rc~ ~i~ I;~t,S~"R rrs~~• c^~rtr'~icrati~~~~ c°rrs~r.+x• _. l~~r~~r~~~ ~~ ~~'i~~~ ~roc~~~ti~r~ i~ 11ec~e~±: t~~a err fry f~ii~~i~~ I'r«fiisci~~s~~i1 4'~cietz ~i~<~zt3 ~~rad :~a•a~i:1l~~;ti«ry t ~~>~t. (3rec;n `~~r~era t.~cha~~~I~~a;~~ t~*r ~~~.°.cr~s~rira C`rt~.ttia~ia. ~ T ^ /~ ~ i /1W~~~~~ i~1M~~~~ ~~ f P\~1~1i111i Vq DELRAY E3L,~GE-1 P{~6~IC; ~3PARTt~#NT ME~M~RAtND1..1M TO: G~tiet ~ci~roeder FRGM Q~lcer . Aronawit~,~- ~, ~_ Training SeCtipn `~ ,_ .~ DATE: January ~~; ~OU~ SUBJECT: E*lRER1RMS/TRA1fV1NG 511VltJLATt~R RE VEST ~7n January ~2 20~Q~, the Training unit,. rr~at witi~ retareserttatives frort~ Ti TraininfJ regarding tE~e proposed purchase cif the training sir~~rlator. The original request received approval in the ~t~0~ Capital 3rr~pro~rernent Flan {~1~1~,48~.Cft~} The ne otiated 2078 totat for this unit, custc~rrtized to our s ecifiicatians is 1~i2 997,Ot7 savin 3~83.~0. This simulator is tl~e latest state of the art model. Tt~e unit was oustom designed tc~ tit our agency s needs with tt~e ability tt~ t~r€~w. This rnQdeE has a simulation rnsaduie,'' give tire" module as +~vell as are interactive classroom trainer {Training l~oorn !~`;~ Tfte Training Raorrtfl will handle up tcs ~~ students independent of the 5irr~ulatc~r Negotiating with Ti Training) Gcarp., the tarot vas able to obtain very specific features that would benefit ear agency greatly. Some of the highlights include; • fifty ~5£?) custorr~-filr°ned staet~arios + Diagnostic ir'7veriay {firearms trainer} *~ Enhanced instructor training • Cg~rnplete portability of the classroom unit • Multiple device irecking {Firearms;Taser, £~.G ) • DaylNight siulatig3n rt~odes • AEI standard filmed scenarios. {No charge) • "Mite I~tig#~;: ~111arrartty -This warranty cowers the ENTIRE purchase ~rsrith the exoeptig?n of batteries and projector bulbs and papery for 3 years. During this warranty, the unit may receive uniirrited upgrades and training. The warranty also elf®~vs the snit Ira receive a total sCaftware upgrade prier to the expiration. sca we ray have the rr~cst current rrtagtel availafale The ~varrenty is renewable at the end g~f tie i„tia€ period essentially covering the entire purchase fc,r a r`rairtirnal oust. warranty renewal price] S~t~rfr~ ~~~t~r ~. ~~ !, ~. ~. Attact~~d you will find a detailed proposal end ~or~pleto ~r?tormation package for your r~vie~~r. if you d~ave any ,~r~ditio~7a1 questions regat'ding this astourtdir7r~ training tool. please contact me at yo€~r cor~ve~-~ience Cc: Sgt. Pari<er ~~le ~~IViI?~' t~1~~7 ~'_ }~. ~, ~. ~. MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: January 30, 2008 SUBJECT: AGENDA ITEM. 9.A. -REGULAR COMMISSION MEETING OF' FEBRUARY 5, 2008 WAVER REQUESTS/CONDITIONAL USE REQUEST/HUNTER CRANE ITEM BEFORE COMMISSION Consideration of two waivers and a conditional use request to allow the establishment of storage and rental of construction equipment that does not exceed 100 feet long, 14 feet wide and 15 feet high for Hunter Crane, located approximately 140 feet north of West Atlantic Avenue and west of Congress Avenue. BACKGROUND The subject property consists of four (4) parcels and contains a total of 5.61 acres. The properties were annexed in November 1488 and were assigned an initial zoning designation of LI (Light Industrial). The property was subsequently rezoned to MIC as part of the citywide rezoning in 1990. City records show that the site was previously occupied by Delray Concrete Products which ceased operation in 1489. Subsequently the site was occupied by Shaw Trucking which ceased operation in 2003. Since that time, Hunter Crane has been operating on the site without an occupational license. City records reveal that on February 25, 2004, they were cited for conducting business without an occupational license. Their request for an occupational license was denied as it was determined that the use fell within the classification of "heavy equipment and tool rental" which was not an allowed use within the MIC zoning district. In order to become compliant, the applicant submitted a LDR text amendment redefining the "light construction equipment" category to add "heavy construction equipment" in the MIC zoning district as a conditional use. The LDR text amendment was adopted by the City Commission on August 16, 2005. The conditional use request seeks to legally establish the storage and rental of construction equipment that does not exceed 100' long, 14' wide and 15' high. The request also includes two waivers, the first seeks a reduction in the height of the required berm from 6 feet to 3 feet and the second, the elimination of a portion of the required 10' wide landscape buffer along the east property line. REVIEW BY OTHERS At its meeting of January 28, 2008, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request. Presentations were made by staff and the applicant. After discussing the proposal, the Board recommended approval of the two waivers, to reduce the berm from 6 feet to 3 feet and to eliminate the required 10 feet wide perimeter buffer along a 90' portion of the east property line.The Board also voted 5 to 0, to recommend approval of the conditional use to allow the establishment of Hunter Crane subject to the following conditions: 1. That the site plan and landscape plan be modified to specifically illustrate that the storage and parking areas for equipment will be treated with crushed asphalt which will be maintained at adequate levels of compaction to reduce dust to a minimum. In addition, that the area not designated as storage and parking areas will be landscaped with permanent materials not requiring permanent irrigation such as Bahia Sod. 2. Approval of a site plan by the Site Plan Review and Appearance Board that is in general conformance to the submitted site plan accompanying this conditional use request and that addresses Exhibit "A" -Technical Items and conditions of approval attached in the staff report; 3. That the site plan be revised to note that the equipment to be stored shall not exceed 100 feet long, 14 feet wide and 15 feet high. 4. That all cranes must be stored in the down position. RECOMMENDATION By separate motion: Waivers: Approve the waiver to LDR Section 4.4.19(D}(2)(g)(ii} to reduce the berm from 6 feet to 3 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B) (5) of the Land Development Regulations. Approve the waiver to LDR Section 4.4.19{D)(2}{g)(iii) to eliminate the required 10 feet wide perimeter buffer along a 90' portion of the east property line, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B}(5) of the Land Development Regulations. Condrtional Use: Approve the conditional use request to allow the establishment of a storage and rental of construction equipment, not over 100' long, 14' wide and 15' high for Hunter Crane based upon positive findings with respect to Chapter 3 (Performance Standards} and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and consistency with Housing Element Policy A-12.3, subject to the following conditions: 1. That the site plan and landscape plan be modified to specifically illustrate that the storage and parking areas for the equipment will be treated with crushed asphalt which will be maintained at adequate levels of compaction to reduce dust. In addition, that the area not designated as storage and parking areas will be landscaped with permanent plant materials not requiring. permanent irrigation such as Bahia Sod. 2. Approval of a site plan by the Site Plan Review and Appearance Board that is in general conformance to the submitted site plan accompanying this conditional use request and that addresses Exhibit "A" -Technical Items and conditions of approval attached in the staff report; 3. That the site plan be revised to note that the equipment to be stored shall not exceed 100 feet long, 14 feet wide and 1 S feet high. 4. That all cranes must be stored in the down position. Attachments: Planning and Zoning Board Staff Report of January 28, 2008 PLANNING AND ZONING. BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: January 28, 2008 AGENDA ITEM: I~•~ ITEM: Conditional use request to alEow the establishment of storage and rental of construction equipment that does not exceed 100 feet long, 1~ feet wide and 15 feet high for Hunter Crane, located approximately 140 feet north of West Atlantic Avenue and west of Congress Avenue wifhin the MIC {Mixed Industrial and Commercial) District. Quasi~.ludicial Hearing GENERAL DATA: OwnerlApplicant ......................... Delray Land Holdings, LLC '°"~"'""~ Agent .........................~----............ David Hawke ~ Location ...................................... Approximately 140 feet north ~ of West Atlantic Avenue and approximately 197 feet west of Congress Avenue o~5 a~ Ra,~ Z Property Size .............................. 5.61 acres '" Future Land Use Map ................ CMR (Commerce) Current Zoning .....................:...... MIC{Mixed Industrial and `" Commercial) Adjacent Zoning ................North: MIC (Mixed Industrial and x ~ w Commercial) East: MIC (Mixed lndustria! and Commercial} South: MiC {Mixed industrial and Commercial} West: CF(Community Facilities ) Existing Land Use ...................... Storage and rental of construction equipment Proposed Land Use .................... Storage and rental of ,, w construction equipment not PJ ~-`' over 100 feet long, 14 feet wide and 15 feet high N S' ~ ~ ATL~' Water Service ............................. Wel! service existing on site. Sewer Service ............................. Septic sewer service existing on site. ~~~ n p IV. B. ~~ r . ~a.~_ .,. T. --- -- -_- _ The action before the Board is making a recommendation to the City Commission on a request far Conditional Use approval to establish the storage and rental of construction equipment, not over 100' long, 14' wide and 15' high for Hunter Crane, within the MiC (Mixed Industrial and Commercial) zoning district, pursuant to Section 2.4.5(E}. The subject property 'ts located approximately 140 feet north of West Atlantic Avenue, approximately 197 feet west of Congress Avenue at 2189, 2200 and 3333 West Atlantic Avenue. - ~_ _ .~ _ - - _~.... , The subject property consists of four (4) parcels and contains a total of 5.61 acres. The properties were annexed in November 1988 and were assigned an initial zoning designation of LI (Light Industrial). The property was subsequently rezoned to MIC as part of the citywide rezoning in 1990_ City records show that the site was previously occupied by Delray Concrete Products which ceased operation in 1989. Subsequently the site was occupied by Shaw Trucking which ceased operation in 2003. Since that time, Hunter Crane has been operating on the site without an occupational license. City records reveal that on February 25, 2004, they were cited for conducting business without an occupational license. Their request far an occupational license was denied at it was determined that the use fell within the classification of "heavy equipment and tool rental" which was not an allowed use within the MIC zoning district. In order to became compliant, the applicant submitted a LDR text amendment redefining the "light construction equipment" category to add "heavy construction equipment" in the MEC zoning district. as a conditional use. The LDR text amendment was adopted by the City Commission on August 16, 2005. Now before the Board is a conditional use request by Hunter Crane seeking to legally establish the storage and rental of construction equipment that does not exceed 100' long, 14' wide and 15' high. If the conditional use request is approved a site plan approval request will follow to be considered by the Site Plan Review and Appearance Board. .~___ -- - - ~ • ~ _ ~-_~W.. _. _ _ _ _ - ~. As stated above, the applicant is seeking to legitimize the Hunter Crane operations at the site. Those operations involve the storage and rental of construction equipment. The applicant has submitted the following narrative, which describes the operation: "Crane storage and construction leasing. The hours of operation are from 6:00 a.m. to 5:00 p.m. Monday through Friday and from 7:00 a.m. to 2:00 p.m. on Saturday. There are 12 employees on-site." A list of the type of construc#ion equipment stored on site is listed in Exhibit "B". Proposed site improvements include: The establishment of a 10' foot perimeter landscape buffer consisting of trees planted 25 feet on center to form a solid tree line along with 6' high hedge. The construction of a three foot (3'} high berm along the west perimeter of the property. The landscape buffer along this berm consist of a Ficus hedge, six feet high at the time of planting and to be maintained at 9 feet, with Cocoplum and Fakahathchee Grass groundcover; and, Live Oaks and Green Buttonwood trees planted 25 feet on center. Planning & Zoning Board Meeting, January 28, 2flfl$ Conditional Use Request for Hunter Crane Modifications to the parking lot adjacent to the existing modular office building and installation of a new parking area laeated east of the access drive. ^ Installation of a dumpster container. -_~ . , ,= CHAPTER 3 (REQUIRED FINDINGS : {Performance Standards} Pursuant to Section 3.9.1 {Required Findings} of the Land Development Regulations {I~DR), 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 shad be made by the body which has the authority to approve or deny the development application. These findings relate to consistency with the Future Land Use Map (PLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the LDR. FUTURE LAND USE MAP: The use or structures mus# be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a PLUM designation of CMR (Commerce) and a zoning designation of Mixed Industrial and Commercial (MIC). The MIC coning district is consistent with the PLUM designation of CMR. Based upon the above, a positive finding with respect to consistency with the PLUM can be made. 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. The levels of service affected by the proposal are noted below: Streets and Trafbc: The site currently contains a 1,666 sq. ft. modular building as well as a 4,000 sq. ft. one-story CBS building. No Increases in floor area are proposed. Based an the ITE manual for heavy industrial uses with 12 employees, a total of 24 daily trips, 7 A.M. Peak Hour Trips and 11 P.M. Peak Hour Trips would be generated by this site. A finding of concurrency with the Paim Beach County Traffc Performance Standards Ordinance can be made. Solid Waste: The existing buildings with a combined total square footage of 5,666 sq. ft. will generate 5,099 tons of solid waste per year (5,666 sq.ft. x 1.8 lbs. 1 2,000 = 5.099 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals to the year 2421, thus a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set for#h in Chapter 3 and required findings in Section 2.4.5{E)[5} for the Conditional Use request shall be Ehe 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 goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the following applicable policy is Hated: 2 Planning & Zoning Board Meeting, January 28, 2008 Conditional Use Request for Hunter Crane 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 entire site area, exclusive of the buildings, parking, accessways and landscape buffer areas, will be devoted for the storage of construction equipment. The use primarily presents aesthetic impacts for the adjacent developments, neighborhood and the City. In order to mitigate visual impacts from such uses along major arterials, Section 4.4.419(0}{2}(g)(i) requires that these uses cannot be located within 250' of any property line adjacent to an arterial roadway excluding Interstate 95. The site lies within 250 feet of West Atlantic Avenue and Congress Avenue, bath of which are arterial roadways- The subject property is separated from West Atlantic Avenue by an intervening property and lies approximately 135-140 feet north of West Atlantic Avenue. Similarly, the property is separated from Congress Avenue by intervening parcels and Pies approximately 197 feet west of Congress Avenue. However, within the portions of the site that encroaches wi#hin the 250' radius of the arterial roadways, no outside storage is proposed. Appropriate notes have been placed an the site plan. To the south and east, the site is surrounded by industriallcommercial uses. To the west, lies the Atlantic Community High School and 'it is here that the visual impacts of the site are the greatest. Along the west perimeter, the applicant praposes the construction of a three foot {3'} high berm with trees 12 feet high at the time of installation, planted 25` feet on center. The trees are required to be planted on top of the berm. Additionally, the landscape buffer will also accommodate a F'icus hedge 6' high at the time of planting and maintained at 9' as well as Cocoplum and Fakahathchee Grass ground cover. The applicant has requested a rrraiver to reduce the height of the berm from the required 6 feet tv the proposed 3 feet. To offset the impact of reducing the berm, the applicant praposes to increase the height of the hedge, so as to maintain a solid buffer (combined height of the berm, hedge and trees} of approximately 15 feat in height. Based on the proposed buffer Treatment the unsightly impacts of the site should be diminished. A rock and dirt compound area encompasses a large portion of the outside storage area. The applicant proposes to add chipped asphalt to the area immediately west of the asphalt parkingl maneuvering access area. However, in order to minimize the effects of dust pollution on adjacent properties, staff is recommending that either crushed asphalt or crushed rock be utilized within the entire storage area and is noted as a condition of approval. SECTION 2.4.5(E] REQUIRED FINDING: {Conditional Use} Pursuant to Section 2.~4.5(E)(5) (1=indings}, in addition to provisions of Chapter 3, the City .Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood wl#hin which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses border the property: 3 Planning & Zoning Board Meeting, January 28; 2008 Conditional Use Request for Hunter Crane t7irection: ~ , Zoning: _ .[Ise. _` North MIC Mixed Industrial and Commercial Vacant South MIC (Mixed Industrial and Commercial) Stop and Go Convenience store , Langel Auto Bady Shop, Euro Stone imports, Rexell Electric and Sol 's P[umbin West CF Communit Facili Atlantic Communit Hi h School East GC {General Commercial} and MIC Mixed Industrial and Commercial Pino Tile and Carpet, Pizza Sandwich Sho and Urdl's As noted previously, the applicant proposes a ten foot (10') wide landscape buffer around the perimeter of the property that contains a solid tree line and a B' high hedge at the time of planting. Additionally, along the west property line where the impacts from this use will be greatest, the applicant is proposing to construct a 3 foot high berm with trees planted 25 feet on center and a hedge which will be maintained at 9 feet planted on top of the berm. Thus, the visual impact of the outside storage of the equipment will be mitigated and should not have a significant impact the adjacent neighborhood. Thus, positive findings can be made with respect to LDR Section 2.4.5 (E). COMPLIANCE WITM LAND DEVELOPMENT REGULATIONS. As noted below LDR Section 4.4.1f3(D){2}(g) prescribes certain specific improvements to be accommodated with the establishment of this use: LDR Section 4.4.19(D1~2): (g) Storage and rental of construction equipment not over one hundred feet (100') long, fourteen feet (14') wide, and frFteen feet {15'} high provided that each of the following requirements are met: i. Any outside storage associated with such use may not be located within two hundred fifty feet (250') of any property line adjacent to an arterial roadway {excluding Interstate 95) and; ii. The property is buffered by a minimum six foot {6') wall or minimum six foot (8'} hedge. However, if the property is adjacent to a public building, school, park, library, or residential area at the time of conditional use approval, a minimum six foot {6') high berm and either a 6' wall or 6' hedge on top of the berm shall be required; iii. Provision of a 10' minimum landscape buffer with trees planted 25' on center around the perimeter of the storage area. The applicant has indicated that the equipment to be stored shall not exceed one hundred feet (100') long, fourteen feet (14'}wide, and fifteen feet {15') high. This information will be required to be noted an the site plan and is listed as a condition of approval. i) Pertaining to item (g)(i), as noted previously, there are portions of the site that lies within 250 feet of West Atlantic Avenue and Congress Avenue. Within those areas no outside storage of equipment is proposed. These areas will be utilized for parking and are so labeled on the site plan. ii) The required landscape treatment relating to item {g}{ii) above, is achieved throughout the site with the exception of the height of the berm along the west property line and the 4 Planning & Zoning Board Meeting, ,tanuary 28, 2008 Conditional Use Request for Hunter Crane required 10' wide landscape butter along a portion of the east property line. Waivers for each of these are requested. The combined height of the buffer (berm, hedge and trees) is to be provided via a slightly different configuration along the west perimeter and relief for a short distance from the 10' wide buffer requirement along the east property line appears appropriate. The following is an analysis of the two associated waiver requests: Waiver Ana! sis: Pursuant to LDR Section 2.4.7(6) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b} ShaA not significantly diminish the provision of public facilities; {c) Shall not create an unsafe situation; or, {d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant ar owner. Reduction of the Berm: The applicant has requested a reduction in the height of the berm from 6 feet to 3 feet along the west property line. To the west, the property is separated from Atlantic Community High School by the LWDD E-4 Canal. Lake Worth Drainage District is requesting a 45 foot wide canal easement over the site extending along the entire west property line. Within this easement no improvements, including berms or plantings are allowed, thus requiring the berm and landscape buffer to be located outside of the easement area. Construction of a berm six feet high, at a 3:1 slope would occupy an area 35 foot wide. Thus the combined LWDD easement and berm would then cover a strip eighty-one feet ($1') wide. Conversely a three foot (3'} high berm at a 3:1 slope may be accommodated within 18 feet. Thus the combined LWDD easement 'and landscape buffer would be reduced from $1 feet under the required scenario to 63 feet. The applicant proposes to mitigate the reduced height of the berm by increasing the height of the required hedge from 6 feet to 9 feet. The proposed fiscus hedge will be installed at a height of 6 feet and maintained at a height of 9 feet. With the proposed enhancement to the landscape materials the requirement far a solid buffer will be met. The granting of this waiver will not create an unsafe situation, significantly diminish the provision of public facilities, or adversely affect the neighboring area. The granting of this waiver will 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, thus a positive finding with respect to LDR Section 2.4.7(6) {5) can be made. Elimination of 10' landscape buffer along a Portion of the East Property Line: Item (g)(iii) of LDR Section 4.4.19(D)(2} above requires the provision of a 10' minimum landscape buffer with trees planted 25' an center around the perimeter of the storage area. As noted above the applicant has submitted a request far a waiver to eliminate the required 10' wide landscape buffer along a portion of the east property line. The specific area lies at the northeast corner of the site and extends approximately 90 feet north of Parcel No. 5122 (i.e. at 5 Planning & Zoning Board .Meeting., January 28, 2008 Conditional Use Request for Hunter Crane the north terminus of the access drive). Within this area, the access drive lies immediately adjacent to the east property line. The applicant contends that the provision of the 10 foot wide buffer would restrict access for large construction equipment due to the location of the 14,000 gallon above-ground fuel tank #hat lies on the west side of the access drive. The adjacent property (Urdl's) is developed and within this area there are three existing mature trees. White the existing landscape materials do not provide a solid buffer, support of the waiver can be garnered as the area lies adjacen# to the accesslparking lot area of this site and does not directly abut the construction equipment storage area. Additionally, the Landscape Code Section 4.4.16(H)(3}(f} provides that where a proposed parking area or other vehicular use area abuts an existing hedge or established tree line, the Existing hedge and trees may be used to satisfy the Eandscape requirements provided the existing material meets a[I applicable standards. The granting of these waivers will not create an unsafe situation, significantly diminish the provision of public facilities, ar adversely affect the neighboring area. The granting of #his waiver will not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances an other property for another applicant or owner, thus a positive finding with respect to LDR Section 2.4.7(B} (5) can be made. LDR Cha ter 4.6 Su tementa District Re ulations: Parking: Pursuant to Section 4.6.9{C)(5)(a}, general industrial uses (manufacturing, assembly, and attendant offices} shall provide parking at the rate of 3 spaces per 1,000 sq. ft. of floor area devoted to such uses and 1 space per 1,000 sq. ft. of floor area devoted to storage and warehouse. Given this parking ratio the proposed development must provide a minimum of 17 parking spaces [5,666 x 3 per 1,000 = 17] and 24 are provided. Llghting: A photometric plan has been submitted however additional illumination data is required in order to determine compliance with Land Development Regulation (LDR} Section 4.6.8 and this is Hated as a condition of approval. Outside Storage: Pursuant to LDR Section 4.6.6(0)(2}, materials and equipmen# stored outside must be screened from view from adjacent public rights-ofi-way in a manner approved by the Site Plan Review and Appearance Board. Outside storage may not be located within a required setback area. The following table shows the required setbacks for MfC zone district: Minimum Buildin Setbacks Re aired Provided Front 25' NIA Site Street 25' NIA Side Interior 10' 10' Rear 10' 10' The site does not lie adjacent to any right-of-way and the provision of the 10 foot perimeter landscape buffer ensures that no outside storage will be accommodated within the required setback area. 6 Planning & Zoning Board Meeting, January 28, 2008 Conditional Use Request for Hunter Crane Landscape Plan: The proposed landscaping primarily addresses the perimeter buffer requirements as stated in LDR Section 4.~4.15(D)(2}(g). It is acknowledged that due to the nature of this use the project does not meet requirements for shrubs, ground covers, interior greenspace or trees. The LDR requirements for this type of use were specifically geared towards ensuring adequate perimeter landscape buffer which has been achieved. Qther Issues: Dumpster Enclosure: Pursuant to LDR Section 4.6.6{C){1), dumpsters, recycling containers, and similar service areas must be enclosed on three sides and have vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The applicant proposes to locate a dumpster north of the exis#ing one-story CBS building. This area is not visible from any adjacent rights-of-way and thus would not require the vision obscuring gates. ;x~,. __ DWI- - - ._ -.~...r-.~.--~ The subject property is not in a geographical area requiring review by the DDA {Downtown Development Authority) and CRA {Community Redevelopment Agency). Courtes Notices: Special courtesy notices were provided to the following homeowners and civic associa#ions: ^ Neighborhood Advisory Council ^ Sudan Homeowners Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. letters of support or objection will be presented at the Planning and Zoning Board meeting. _. _ . The development proposal seeks to legitimize the existing business. Proposed site changes primarily relate to the provision of perimeter landscape buffer treatment. The landscape treatment proposed will effectively screen the outside storage area and mitigate the visual impacts created by the use. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E){5} regarding compatibility of the proposed development with surrounding properties, provided the conditions of approval are addressed. Also, positive findings can be made with respect to compliance wi#h the Land Development Regulations provided the conditions of approval are addressed. 7 Planning & Zoning Board Meeting, January 28, 2008 Conditional Use Request far Hunter Crane _= ~` = ~ ~'~~~T~RAA'T)1/,E Ae~l4N5 ~ ~~T :: ..~ .. nTr _ _, ~., -- - - -_ ~~ - .__ A. Recommend postponement of the conditional use request for Hunter Crane based upon inconclusive findings wi#h respect to Chapter 3 (Performance Standards) and Section 2.4.5(E}(5} (Required Findings} of the Land Development Regulations, and consistency with Housing Element Policy A-12.3 and continue with direction. B. Recommend approval of the conditional use request for Hunter Crane based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) {Required Findings), of the Land Development Regulations, and consistency with Housing Element Policy A-12.3, subject to conditions. C. Recommend denial of the conditional use request for Hunter Crane based upon a failure to make positive findings with respect to Section 2.4.5(E}(5) (Conditional Use Findings) of the Land Development Regulations, and inconsistency with Housing Element Policy A-12.3, that the proposed use will hinder development or redevelopment of nearby properties and the proposed development will result in a degradation of nearby neighborhoods. ... . -~~ = -W~ - _ - - .~.. tCf ~ _.._ ~: By separate motion: Waivers: ^ Move a recommendation of approval to the City Commission of the request for a waiver to LDR Section 4.4.19(D}(2)(g)(ii) to reduce the berm from 6 feet to 3 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(8) (5) of the Land Development Regulations. Move a recommendation of approval to the City Commission ofi the request for a waiver to LDR Section 4.4.19(D)(2){g}(iii) to eliminate the required 10 feet wide perimeter buffer along a 90' portion of the east property line, by adapting the findings of fact and !aw contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(8)(5) of the Land Development Regulations. Conditional Use: Move a recommendation of approval to the City Commission for the conditianai use request to use request for to allow the establishment of a storage and rental of construction equipment, not over 100' long, 14' wide and 15' high for Hunter Crane based upon positive findings with respect to Chapter 3 (Performance Standards} .and Section 2.4.5(E)(5) (Required Findings} of the Land Developmen# Regulations, and consistency with Housing Element Policy A-12.3, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted site plan and addresses the "Exhibit "AT -Technical Items and conditions of approval attached in the staff report; 8 Planning & Zoning Board Meeting, January 28, 2008 Conditions{ Use Request for Hunter Crane 2. That either crushed asphalt or crushed rock be utilized as a base within the entire storage area. 3. That the site plan be revised to note that the equipment to be stored shall not exceed 100 feet long, 14 feet wide and 15 feet high. 4. That all cranes must be stared in the down position. Attachment; ^ Location Map - Site Plan and Landscape Plan 9 Planning & Zoning Board Meeting, January 28, 2008 Conditional Use Request far Hunter Crane 1. Revise the boundary survey and canal cross-section to be tied to Tracts 38 and 39, of the plat of Model Land Company Section 1$146143, PB 6 page 51. 2. On the landscape plan dimension the landscape buffer along the north property line. 3. Revise the site plan to accurately reflect the property boundaries. The depicted property line is not consistent with the survey along the east property line. 4. Revise the site plan and engineering plan to be consistent with the landscape plan to show the landscape islands within the parking tier located south of the modular building. 5. Revise the landscape plan and site plan sheets to show the limits of the dry retention area at the northwest corner of the site to be consistent with the paving and drainage plan. 6. Provide wheel stops and a landscape island at the end of the parking tier located on the east side of the access drive. 7. Restripe and dimension of the parking spaces located south of the modular building to conform to the standard parking stall dimension of 18' x 9'. 8. Revise the photometric plan to show a detail of the light fixtures with cut-off luminaries and to provide a summary table indicating the number of luminaries proposed as well as the average and maximum foot candles. 9. Per the survey, a 20' easement exists along the north property fine. Please provide a copy of the easement deed in order to determine that there will be no conflicts with respect to the proposed landscape buffer. 10. Pursuant to LDR Section 4.3.4(x) the minimum open space in the M1C district if 25% that can only include landscaped areas. Revise the site data table to indicate the proposed open space calculation reflects only landscape areas. 11.That ail plans are to be signed and sealed by the appropriate professionals. io r3~HF.~IT~ 1°R" l? 1 He~tfze.r Lane Delray: Beach, Ftorida :i3~~4 P_ (5G 1) ~'=~4 ;4~~U F; {~fi { j ~? l - 04:4 - '~ P~NSETTlA BLW. u _ ~ H a s 0 y o ~ u CORAL TRACE A RASE DR- W ~ N.W. 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The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use and waiver requests for Hunter Crane. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I, II and III. I. COMPREHENSIVE PLAN a. Cam rehensive Pkan -Future Land Use and Ma : Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Yes No b. Concurrenc Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met an,d a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the fallowing areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No. #I. LDR REQUIREMENTS: LDR Section 2.4.5[E) Required Findings: [Conditional Usk: Pursuant to Section 2.4.5(E}(5}, in addition to provisions of Chapter 3, the conditional use will not: Have a significantly detrimental effect upon the stability of the neighborhood within which it wiR be located; Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No III. WAIVERS: Pursuant to LDR Section 4.4.19(D)(2)(g}(ii) property that is used for the storage and rental of construction equipment must be buffered by a 6' high wall or berm. The applicant has requested a waiver from this requirement to allow a 3' high berm. Pursuant to LDR Section 4.4.19(D)(2)(g)(iii) property that is used for the storage and rental of construction equipment must have a 10' minimum landscape buffer around the perimeter of the property. The applicant has requested a waiver of this requirement along a 90' portion of the east property line Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding 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; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.4.19(D)(2}(g)(ii) to reduce the berm requirement from 6' to 3' for the property comply with the requirements of 2.4.7(6)(5)? Yes No Would the waiver of Section 4.4.19(D}(2)(g)(iii) to waive the 10' landscape buffer requirement along a 90' portion of the east property line of the property comply with the requirements of 2.4.7(6)(5)? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Pian and LDR requirements in existence at the time the conditional use and waiver requests were submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request and waivers set forth above subject to the Conditions set forth in Exhibit A and Technical Items set forth in Exhibit B, attached hereto and made a part hereof, and hereby adopts this Order this 5th day of February, 2008, by a vote of in favor of denial and opposed. Rita Elfs, Mayor ATTEST: Chevelle Nubin City Clerk 3 EXHIBIT A CONDITIONS 1. That the site plan and landscape plan be modified to specifically illustrate that the storage and parking areas for the equipment will be treated with crushed asphalt which wil! be maintained at adequate levels of compaction to reduce dust. In addition, that the area not designated as storage and parking areas will be landscaped with permanent plant materials not requiring permanent irrigation such as Bahia Sad. 2. Approval of a site plan by the Site Plan Review and Appearance Board that is in general conformance to the submitted site plan accompanying this conditional use request and that addresses Exhibit "A" -Technical Items and conditions of approval attached in the staff report; 3. That the site plan be revised to note that the equipment to be stored shall not exceed 100 feet long, 14 feet wide and 15 feet high. 4. That all cranes must be stored in the down position. 1 of 1 EXHIBIT B TECHNICAL ITEMS 1. Revise the boundary survey and canal cross-section to be tied to Tracts 38 and 39, of the plat of Model Land Company Section 18146143, PB 6 page 51. 2. On the landscape plan dimension the landscape buffer along the north property line. 3. Revise the site plan to accurately reflect the property boundaries. The depicted property line is not consistent with the survey along the east property line. 4. Revise the site plan and engineering plan to be consistent with the landscape plan to show the landscape islands within the parking tier located south of the modular building. 5. Revise the landscape plan and site plan sheets to show the limits of the dry retention area at the northwest corner of the site to be consistent with the paving and drainage plan. 6. Provide wheel stops and a landscape island at the end of the parking tier loco#ed on the east side of the access drive. 7. Restripe and dimension of the parking spaces located south of the modular building to conform to the standard parking stall dimension of 18' x 9'. 8. Revise the photometric plan to show a detail of the fight fixtures with cut-off luminaries and to provide a summary table indicating the number of luminaries proposed as well as the average and maximum foot candles. 9. Per the survey, a 24' easement exists along the north property line. Please provide a copy of the easement deed in order to determine that there will be no conflicts with respect to the proposed landscape buffer. 10. Pursuant to LDR Section 4.3.4(K) the minimum open space in the MIC district if 25% that can only include landscaped areas. Revise the site data table to indicate the proposed open space calculation reflects only landscape areas. 11. That all plans are to be signed and sealed by the appropriate professionals. L of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: January 30, 2008 SU$JECT: AGENDA ITEM 9.B. - KEGULAR COMMISSION MEETING OF i! ESRUARY S, 2048 WAIVER REQUEST/COMMUNITY LAND TRUST, INC.: ITEM BEFORE COMMISSION City Commission waiver of requirements to Sections 4. ~ .4(D) and 4.7.12, Other Incentives, governing the use of non-conforming lots under the Workforce Ordinance for one, 45.20 ft lot submitted for permitting by Habitat for Humanity in partnership with the Community Land Trust. The property is addressed as 303 SW 2nd Street. BACKGROUND The Workforce Housing Ordinance was amended in April 204b to include an incentive added to induce the construction of workforce housing units in the City. Lots of record that have at least 40 feet of frontage may be used, as long as the workforce unit meets the typical designs represented by the sketches set forth in Section 4.7.12 and the additional reyuirements of Section 4.1.4(D) as well as other applicable code provisions are met. Under this section, housing units constructed on 40-foot lots must include rear access via an alley, if available, and contain certain design features that are prescribed within the language of the ordinance. The unit submitted for permitting does not meet the requirements specified under Section 4.1.4(D) and 4.7.12. The unit is designed to have the garage access from the street. The unit proposed to be constructed is not consistent with the designs and sketches specified in the approved Workforce Ordinance. The Community Land Trust (CLT} has indicated that the designs contained within the ordinance will substantially increase the cost of the construction, making the units less affordable. Staff believes it is now necessary to revisit this section of the Workforce Ordinance and put forth the appropriate amended language that will reasonably facilitate the use of the 40-foot lots of records under the affordable housing initiative. Section 2.4.7(B)(5) allows the City Commission to consider the waiver request with a finding of fact that the granting of the relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior development product will result. RECOMMENDATION Staff is recommending City Commission waivers to Section 4.1.4(D) and Section 4.7.12 of the Land Development Regulations governing the use of non-conforming lots associated with Workforce Units with a finding of fact pursuant to Section 2.4.7(B)(5}. S W 1ST ST. -- w Q a Q ~ o a d.. ~ z ~: ~ N S. W. 2ND ST. r-~..- i 55. W. I I l I i 3RD CIl ST. I ~, N SUB~E~T 3~3 SW 2ND STREET PROPERTY ~Alulvllvc DfPARTNENT - LOCATION MAP CITY OF OEIRAY BEACH. FL 7!Gl7AL &95E MAP SYSTEM -- MAP ^F B^UNDARY SURV^Y S. W. 1st STREET FOUND NAIL LOT 8 ~ BLOCK 38 FINISHED FLOOR ELEVATION ®RESIDENCE = O ~0.6~~ SET 4/2' IRON ROD LB X7554 140 SW 3rd AVENUE. ~ }6.16' I nj 1 45.24' ,~~ sET }/r~ J ,fig. IRON ROD ~~ LB X75541 Q.8' 19'BLDG SETBAGiC LINE a, r- o I -------~ k o~i mom! IW I~ ~( I~ ~~ a VACANT ~~ ~ I #303 10 ~ LOT 1 I o m i BLOCK 38 M1I ~y~s I I I I k~ ~~ ~ X i k 1 I { j ;n I f i t o I k 25'BLDG SETBACK LINE I~ 'o l V -° N l~ 1~ ~. . ~r LOT 2 BLOCK 38 ~ FINISHED FLOCR ELEVATION ~ RESIDENCE Q 395 SW 2nd STREET = 16.16' ~ Iy ai to I 3I 1 ~__.._ FWND NAIL r. I ~M . ci ~ I ,5 ~9 Or. I FOUN9 NAti -~:~ SET ELEVATION 15.18' I ' ~~ . n -~ w ' ~~ u ~ ~ ~~ k9 ~"' Q ~ I ~ ~~~ M mfo 7 i U a ~.. ' o iv I v ~ Q ~ 8' ~ ~. I .,:. STREET SET 1/2' ~ STAP SIGN ~ IRON RDD SET I/2' ~ LE 417554 IRON ROD - FOUND ~ #7554 ~- • 2 NAIL/TAB 0-0' W. tal. rS9 4rJ.I~O' 1s 3 ~ P P rE - ~ • I 7s 04 . ~ _..._ m v._. xv -~- wv T.. IN -.. . . en+ - HV - tN ' S; a ~-11v '~-+n+ - ~ 0 0 , i 332.20'(P) $.r*. GND ST. (FlELD) ~: . ,..- ~ '.I I ' ~~- 332.22'(M) n; ~~~~ ~ . lNGERHAM .. ~ AVE. (PLATS :.x'.. ~ ~ FOUND 3JA L ~. Idt.H. SET ELEVnn9N 3' ~~ ~-~ ~ .. ~.yL~ - _ - _ 16.5 I HEREBY CERTIFY TWAT THIS BDUNDAR'Y SURVEY IS A TRUE AND CORRECT REPRESENTATIpN OF A SURVEY PREPARED UNDER MY DIRECTION. - DipWM rhf+d byGM2Y & Sn1Tyw+ ' DIt CH • GARY 6 6AL2iA4N.C.111, a.010N N1D ~ggpG~YEB I)ICI & ASSE]CIATES ~7 - 511ftVtrinGlvlG,derPROFffieIGWLBlIkLEYCR ANDIh~FFER ftMwa I am ~pvrvq tlhdeorr.sa p,~,~ ~• Y••~s•.--- txdf~#ERFlEl9 BFACH~FL L f oeme~zaar.lo.wto:H~oa+oo URVEYING FNC, Gary $elzman. P.S.AI. Stale OF Florida LB No.7554 Date 01 Protessionol Surveyor and Mapper No.6443 7$D S.£. 2nd AVENUE 5UITE~C2 SURVEY MAP AND REPORT Dft THE COP1E5 THEREOF ARE NOT VALID WITHOUT DEERFIELD BEACH, E?, 33441 AN AUTHENTICATED ELECTRONIG SIGNATURE AND AN AUTHENTICATED ELECTRONIC SFJSL. OFF}CE~ 954-725-8778 OR A RR15fD SEAL AND SIGNATURE. FAX: 554-725-8774 www. dlar~ nn dose ociate s. cam # D7-091101 CLIENT ~ HFH DRAWN BY: D.W.G. CHECKED 8Y: GS SCALE: 1" = 20' SURVEY DATE: 09-15-07 SHEET 2 0( 2 m~ ~ "'I 9 Y 9 d s 0 r'` ®~ ®~ '~ ~ -. ~ ti ~® ~® . ~ o ~® ~ W ~~ ®~ o^^^ ~~ ~ ~~ ~E n •- 0 ®® ~^- w ®® 1L. ~~ ~I 9~ ~~ ~~ ~* ®, p~ w~ ~ a 0 ~r ~i ~I i i ~~ 1~ \_ ~~ y ~~ C C ~, ~Y n ~~ ~~ :. R~ ~. ...~ ~f ~I i- !U T.t. !!1 LU 0 ~_ Z O d`. U ,l ~ l' F .h +~'- ~ +"~ •~ ~I 4 ~- ~~ ~^-~ 5 ~ `~ v c~ ~ ~~ ~'I $ oa~~~a ~ "' m~ e w 0 w w w D N ~- z T W L~ r W VI n ~- w ' ~' ~' 0 . ~ ~~ .~.. •. 1 ~k . ~ ,~, ~~ ~~~ . ~m ~~ _. ~~~ ~. " L ~_ J ~ } ~=- } k w ~ '~ ,~ ~. ~ ~~ 1YNQ µ ~I ~I IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 3U3 SW 2N° STREET ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on February 5, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the workforce housing lot located at 303 SW 2"d Street. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 4.1.4(D) workforce housing units with forty (40) feet of frontage must meet the typical designs represented by the sketches set forth in Section 4.7.12; must include rear access via an alley, if available; and must also contain design features such as, but not limited to, front porches, eyebrows, outriggers, gables, dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes, undulating facades and other such appropriate architectural features. The applicant has requested a waiver from these requirements. Pursuant to LDR Section 4.7.12 lots of record #hat have at least 40 feet of frontage may be used for workforce housing, as long as the workforce housing unit meets the typical designs represented by the sketches set forth in this section and the additional requirements of 4.1.4(D). The applicant has requested a waiver from this section. Pursuant to LDR Section 2.4.7(6}(5), prior to granting a waiver, the approving body shall make a finding that the gran#ing 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. Does the waiver request to Section 4.1.4(D} meet all the requirements of 2.4.7(6)(5)? Yes No Does the waiver request to Section 4.7.12 meet all the requirements of 2.4.7(6)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Sections 4.1.4(D) and 4.7.12. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of February, 20D8, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 'J~J MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: January 30, 2008 SUBJECT: AGENDA ITEM 4.C. - REG..ULAR__COMMISSiON MEETING OF FEBRUARY 5, 2008 REQUEST FOR PUBLIC PARKING. FEE SI'ACES136 FIRST ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from 36 First for the purchase of four (4} Public Parking Fee Spaces to accommodate the construction of a 2-story structure containing 5,355 square feet of office space. BACKGROUND Located in the Old School Square Historic Arts District (OSSHAD), the required parking for the proposed project, pursuant to Land Development Regulations, (LDR) Section 4.4.24(G)(4)(a} is 1 space per 30U sq. ft of total floor area, which totals 18 spaces {5,355 1 300 = 17.85 which rounds up to 1 S). The site plan proposes aparking garage on the first floor providing 14 spaces resulting in a four (4) space deficiency. Therefore, the applicant is requesting the purchase of four (4) Public Parking Fee spaces, at a cost of $18,000 per space, as permitted by Section 4.6.9(E)(4) of the LDR. Full payment of the $72,000 is required upon issuance of a building permit. Staff's review of the development proposal has determined that the application, as submitted, complies with all requirements of LDR Section 4.6.9 (E)(4) -Public Parking Fee. It is noted that, in addition to meeting these requirements, the site plan proposes the construction of one new on-street parking space on SE 1st Avenue, which will he available to the general public at all times. Policy C-4.2 of the Delray Beach Comprehensive Plan supports the Downtown Delray Beach Master Plan which speaks of, among other things, the utilization of shared parking concepts and the use of structured parking facilities. The Public Parking Fee program is the essence of these concepts and therefore is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. Considering the aforementioned, staff supports the request from 36 First far the purchase of four (4) Public Parking fee Spaces. REVIEW BY OTHERS The community Redevelopment Agency, at its meeting of January 24, 2008, unanimously recommended approval of the applicant's request. The Parking Management Advisory Board, at its meeting of January 29, 2008, unanimously recommended approval of the applicant's request. RECOMMENDATION By motion, approve the request from 36 First for the purchase of four (4) Public Parking Fee Spaces, at a cost of $72,000.00, to be paid in full upon issuance of a building permit, by adopting findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(4) of the Land Development 12egulations. O c a 3 a v a~ 0 a E 0 0 I 4 N 0 v C O .~ V O °; Gi r~ l ~II~ I~ ~ ~ ~,F ~~yc A T E A N T C i~ ~~ zF ~ E~ I~Y~ V' CITY of DELRAY BEACH ENVIRONMENTAL SERVICES DEPARTMENT 36 SP 1ST AVE °"7Ec01~30~2°°e LOCATION MAP ~ ~ 434 BOtJIF1®W!lFON AVEMJ~ D9AAY BEACfi ROF9DA 33444 2048-240 i~ ~:i ~ ~, N= ~I~l ~ii~ ..... ST. °T T1 SITEJ',_ J 1~ u IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA PUBLIC PARKING FEE REQUEST FOR 36 FIRST OFFICE BUILDING ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This public parking fee request has come before the City Commission on February 5, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the public parking fee request far 4 public parking fee spaces in the amount of $72,000.00 for the 36 First OffFCe Building. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. PUBLIC PARKING FEE: Pursuant to LDR Section 4.6.9(E}(4), when parking requirements are applied to new development, in-fill development, from a change of use, or adding floor space to an existing building; the City Commission may approve the payment of a fee towards the construction of a public parking structure in-lieu of providing such required parking on- site. Does the Public Parking Fee request meet the requirements of LDR Section 4.6.9{E}(4} and the conditions, if any, listed below? Yes Na 3. The City Commission hereby finds that the Public Parking Fee Request meets the requirements of 4.6.9(E)(4} of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 1 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the public parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5`h day of February, 2008, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 MEMQRANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: February 1, 2008 SUBJECT: AGIaNpA ITEM 9.D -REGULAR COMMISSION MEETING OF FEBRUARY 5, 2008 SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND CULTURAL SHOW ITEM BEFORE COMMISSION City Commission is requested to consider approval of the 5th Asian Food Fair and Cultural Show being held in Delray Beach sponsored by the Bangladesh Association of Florida, which is proposed to be held on April 19 & 20, 2008 on the grounds at Old School Square and in the Olds School Square surface parking lot from 10:00 a.m. to 10:00 p.m. Commission is also requested to grant a temporary use permit per LDR's section 2.3.6(F) for the closure and use of the Old School Square surface parking lot and City Hall parking lots, to authorize staff support for traffic control and security, site clean up and trash removal, EMS assistance and event signage. The event producer also has requested a reduction in payment of City costs. BACKGROUND Attached is an event permit request from Mohammed Emran, President, Bangladesh Association of Florida for this event proposed to be held April 19 & 20, 2008 on the grounds of Old School Square and in the Old School Square surface parking lot. Also attached are the site plan, budget and Certificate of Insurance. The site would be fenced and there will be an admission charge of $10. No alcoholic beverages will be sold. Mr. Emran is requesting City staff support for security and traffic control, EMS services, clean up and trash removal and event signage. He is also requesting that the City obtain the use of the County parking garage, as well as use of City Hall lots for this event. We would use the Old School Square garage and we will man and collect a fee in both garages. The purpose of this festival is to celebrate Asian and Pacific American Heritage and promote cultural diversity. The estimated staff overtime costs for the event are $13,635 with an additional estimate of $250 for event signage and $210 for trash boxes. The event sponsor does have a 501(c}(3) designation; however, they are not incorporated in Delray Beach. Per our event policies, the event sponsor will be required to pay 100% for overtime costs, signage and $210 for trash boxes. Staff does not recommend a reduction in payment of City costs. RECOMMENDATION Staff recommends approval of the event, the temporary use permit, staff support as requested, signage and authorization for staff to obtain an agreement for use of the County parking garage if needed. Signage would be put up no earlier than April 9, 2008. This recommendation is given with the following conditions: 1. The City is to be provided with a Certificate of Liability Insurance from the amusement ride operator prior to the event. 2. The City is to be provided with a copy of the State Inspection Certificate for amusement rides prior to operating any such rides. 3. The City is to be provided a copy of the Hold Harmless Agreement ten days prior to the event. 4. Payment of 100°Io of City costs. Festiva! Committee: Chalrnnaii 56~1.~ ~ X2455. Co,Chairman 86'i~r l~ 182 • Genefal Secr•et~try 954-305-0855 Cultural Ghairman 754246-2$01 Asst. 'General Secretary 9 ~.0.a ..8.22., Asst. General Secretary 5f1 Magazirse Chairman 561-5.D2-7770 AtlVerlisei~ent Chairman Chairman 58~-330-6228 . Stage & Decoration Chairman 98-~-6ti2-5941. i ' Ipliris Ff~irman Firignc8'Cii~l'ri~an 5fi1-fi85-5902 T4, The Chairman, Ckty Commission City of Delray Beach Sub eat: Consideration of reducin i ex eases Dear SlrlMadam It is our pleasure and we are prlvileg®d to present Allan Food 1='air 8 Cultural show in the city of Delray Beach for the last '14 years in a row. lt's brings a day and happiness irz our Asian community to offer such a Festival and at the same tune it bringa a lot of revenue for the City of Delray Bch as well. As our community is growing, so is the expenses to host the festival. Expenses, such as incurred from the city of Deiray Bch. We would like you to consider the charges and reduce i# if you can which will be charged On behalf of the city, so we can facilitate this festival within our limited budget. NYe will be greatly appreciated #or your service as we always have been. Thanks and Regards Sincerely -,rL „~,.. ~.~. Md. M Rahman Jahlr Festival Chairman The abase is the estimated expenses Tor the Asian Food Falr 8 Cultural show, at most the actual expenses is higher than the estimated expenses. if any. mare information needed, p!s don't 1'lesitate to call Md. M Rahman Jahlr~ (561) 876-2255 Plr~as~w vi4it ear ww.h.~ita 7 w1N1N.a~eian_falr_cnrr~ "~.•-~ s i City of Delray Beach Special Event Permit Application PLEASE TYPE 4R PR~CN"r ~+ ~ ~ Y ~tAY BEACH ~QV,.p 1 2 ADMI~lISTRAT~ SERVICES 7993 20Q1 Event NaraeCritle: /~5+ Afi1 o A i t-t ~- f ~ •~ ~o d Event Date(s):. ~Pg"~ L 1~~~ Times: ~ hm _ [ U ~ n''1 _ _ .~AGu~j Event Sponsarlpradueer: ~+~ L ES ~~ S d C Ti ~ ©~ ~--oR i~ Event ContacdCoardinator: ~~ ~ ~`'L ~ r`-` Name: Address: ll D~„ ~sT~'~Rtg S G 1 ~R-~~-~ T~ G2~t ~L_~.341~ Telephone lwimber: ~,~~~-~46q_Cellular Number: ~~ ~ 3 SL- ~p1~ E-mail Address: -_ ~~ i ~ ~ C e ~ P fire ~ ~ 1. C1~ 1~t - _ ~ ~ ~ ~ ~ s Go~,fZ~ tP 'C~rs ~/~ . Brief History ofEvent (If $pplicable}:~J-~ ~c -~ ci uS r_ . _ `..L- . r., i . I rr f In1 O 1 I ~ _4 ~ fA/LA~f n r t~ ~ !'T ,~Yl'~r tl ,L~ ~' mc. ~(!~-'~~ ri~ s Planned Activities (putline of activitiesfnumber of activities, i.e. entertainment, children's rides, games, other programs): n o ~-S d~-l i'r. o. t o~ Number of individuals Served Previous Year (if applicable): 4 ~ Describe the targeted population and expected attendance: ~ city ~a PVd~+ait aim Page ! o#'S f f `. Describe how the program ~' P~]~ addresses camrnunity needs. ~ ~ r h T ~`~^ d~ i n .n - A' YVtiQ..lry 1 ~ Q11'~ ~ `' ~n .rv .~ Describe your Marketing/Prom-otions Program (low will you naa~ketlpromote, i.e. TV, radio, po~e~ gY~ , weT~ s, other): W Co vw-rn.~ q ~ .Q. '~' ~ e Sponsor Category (please check) City ^ Non ProfitlCharitablel~ Private ~ Co-Sponsor --Non-Frofit/Private ^ (,~J'Nvn prof#t ettach proof of SO~ic(3), c(4}, c(6}, C(10), or c(I9j ar (d) Event Location (Describe area boundaries of eventllocation}; .~.._ ',~~ or~ d~I .e~1~- e Site glen st~ched: yes~]~...--- na~.~ (Site plan re~relred for entire event si#e. Include locations of tents, stage, portalets, dumpsters, portgble lighting, grid barricade location if applicable.) Rental of Old School Square: Y~ '~.--- no------- (Ifyes, at#ach proof of approval) Friv~te Property use; yes_,,~_,.., no,,.,.._.~ {If Yes, attach letter giving authorization from property owner) Even# budget attached: (Regerired for all everttr} Previous year Revenuc/Expense summary attached: {Required for all events) y~ ~/ na~~ Do you have cash sponsors for the event: ye5~~ (indicated an budget) Da you have inland sponsors for the event: yes-~-- (Indicated on budget} AO `~:. ---~-- no ~~o page z Qrs ~~~ '~ i o Serving ar selling alcoholic beverages: yes u (1f yes, copy of license and alcohol liability insurance required two j2~ weeks prior to event) Event certificate of insurance attached: yes nO---~- (Required two (2} weeks prior to event naming the G"hY as additional insured, also required for vendarsJ /' Playing of amplified music: yes V no~ (Waiver requirer~ Will there be entertainment: Yeses na --- (Tfyes, attached list of Performers andJor D]'s) Lf yes, sponsor agrees all entertainment wEil be fa ~ 3' oriented and contain no obscenities: yes / no~ Requesting Police assistance; yes V no (traffic cantrol/aecurity) Will supplemexrt with private security': yes,-.-~ n° (I. jYes, need plan a~cachedJ Requesting Emergency Medical assistance: yes~~... no_ Requesting barricade assistance. Yes ~ {If no, how are you handling?) no~ g.equcsting trash removaUcleam up assistance: yes (Will be billed to sponsor) Requesting trash boxes/contauners and liners: yes~_. ~-~--- ~ es no (rlY~ eck $typet} ~ ~~A,I:yI t t ~ ~ ~ ~' La a sta a 14' a ~6') ^ Smatl stage (16' x Z1'} d Hsif small stage (S' g ZI') ^ ~ g j Requesting sigpage: Yes ~ ~ nO Type: 4'x4'Event sign Parlang Signs A-n,~.rs - i f ~, ~.oo $ Banner hangia Indicate dates required d ~~ _ r, ~ ~ o, ?.oo S (TYaiver required if mare than one (1) week prior to event) en~~ ~~~ x + -F sc~nS Requesting Cit3r Portable Generator: yes ~ na-.---~-- s~, lu ye5~ SZZe $~ poWer~ Food and beverage vendors; Yeses-~- g°- Ifyes, apprarimate cumber l " l ~ (Health Department approval required) yes no CiiY.L~voat Permit o~rzoo~ Peke 3 of 5 j.. 4~.:. _ i .{. ~~i. 4:r i yes ~ na ether vendors. ~ (Indicate type) Is0 ~ o0 yes ~ na~, Tents: rfy~, ~~, ,rimy What sue or size required 10 ~ •- {Ifyes, tentperntlts nd~ire ir~tpectlo 6e needed) large. e~~r n ~~' ~~ - .l ~ ' x 6' userrteut rides: yes no~~. Will the event vnclude am (rf yes, type and location and copy of Ilabilr'ty insurance requirer~ also regteires state license and inspection.) Will the event ~ gated: yes_ no------ (Show Pit-SIt81t1Ap} $-CD~ z3o~ Will there lac a charge for the event: ~ yes ~f y~> indicate ticket prices~~ ae,~„_ 4--~' ~ ~ ~ 1c~ r'~ Will there be fireworks or other pyroteccs: yes no----- (,~f'yes, contact Fire Marshall to obtain and complete perr»it application) Will there be cooking with comtpressed gas: yes~_ no (If yes' contact Fire .Marshall for irtspectinns) Will au he providing part-a-lets for the event: yes_~ no V Y (Ijyes, locate on site reap- I}'rio, indicate how you will handle resiroom nee no Is reserved parking requested: Y~ (r. fYes, f~xdicate locations and purpose for trse) - 1' e~~ ~ ar ~5 ! ~' ~~~ ~,t s~ Cam- lad Event Permit Ct~ ~~ ~~~ ~ Attachments: p.S~ ~ Gam-fie.-r:n~ r~ ~~ at ~j~2.._ ~~~~~~ Budget ast Years Event ~RevenueJExpense Recap ~~,~Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Cdnsumptiou Alcohol Beverages t/ Proof of Non-Profit Status Certificate General Liability Insurance Alcohol Beverage Liability Certificate ~~Proof of Rental Agreement or Authorization Letter f-~ Private Property Owner ~~iold Harmless Agreement c~cy.E.~t Paga 4 of 5 Submittal Date Requirements: • Minor Event • Intermediate Event • Mayor Event • Neighborhood Block Party 45 days prior to event 90 days prior to event 120 days prior to event 34 days prior to event Event Ca~ntractorlCoordinator Please print: pia Fit wt ~,p.. ~,d .- o~-d0~ Date Please enclose the appropriate non refundable application fee payable #.o the City of Delray Beach, i00 N.W. 1~` Avenue, Delray Beach, Florida 33444. Required with permit application. For Sta,,~' Use 4n~ ~~j.,.e~ Date Received ~~ ~ Application fee received .~ .~ osnoo7 gaga 5 o~S Asian. FUad Fair 24117, March 24'h & 25~' REVENUE: INCOME AQVEItTiSEMENT =10,000 nONAT10N5 =l 9,500 ENTRANCE FEE -25,OOU V ENUOR.S =7 500 TOTAL =6?,000 "The above is tl~e estimates ex~nses for ttae Asian Food FatC & Cultural $11fl1'~, at mast the actual expenses is higher tha~~ the estimated expanses. if any mare infflrmatisan needed, pls don't Hesitate to call Md. M Rah~nas~ Jahir `~~ (561 } 876-?255 Please Visit Our Web-Site. 1NWW.ASIAN-FAI~t.COM rl rI .. I~ Tl ~ ry ~ ~ ~~ Q Q ~ 4 n ~ ~ Z6,$ QOt'~ Date:Oct;ober 10,2007 Expenses Recap for last event~~4th asian food fair 8c cultu alshQw'~7 $5105 Pav~llion rent Tent Rental $19016 Magazine pubticatian $9104 Advertisement $3950 Fence $4325 Children amusement $2838 City of Delray $4122 Student Scholarship $3200 -. security $ Soso Performer fees $63$0 Total $5~ 11G 11~a Hatters Circle, Green Acres, F>_-33351 Ph: 56't-351-5019, Fax: 5fi1-686-1128 www.Asian-Fair.cdm 15~` Host :Bangladesh Assoc. of Florida www.asianf~ g7or~g APR1L 19 820, 2008: 3awrday 4 SAY. DW Sthotll Square udhrel Arb certbr, Dvertrtown, De-q BeMX+; AS1AN FOOD FAIR & CULTURAL. SHOW'08 EXPECTED REVENUE INCOME ~ f~ r • a ~}~ ++ .. ~~~ ~~ ~. r~~~ i~ TOTAL - - ~ $74500.00 14'" Asfen Food Fair d CuYtura! show O1 is adenized by Bangladesh Assaietion of Florida a non-~+rofR oryantxaeon a~ , ~ y , } ~~ ~ 1 .i l 5rr~ Asian. I~oad I~air 2DU$, A,pri1 19n' ~ 20rr' I3iYdget I'rojectian E!cpertses: SI'I'E IZI,NTA.I., =52Nd C:l-lll:,:DRI?N AC'1'IVI'I~IF.S =3800 SCI~OLARgH[p ~=4300 I~iSIiRANCE =1000 F~-NCtN~ _ good MAUA~INE =--aOE}d I?ERFOKM~RS =50tJd pC)NA`TIt7NS =50{)0 V4.L~lJNTk~ER .k-1OS1'I'TAI~ITY =1500 ADV FRTISEMENT =4040 1'R1~ITiNG =180() AC'C()UN"PING =5fld CI"I-Y OIL DEI,1tAY P1CH EXPI;NSF_,S =13845 "I'UT Al. =74945 The above is the estimated expenses for the Asian ~c~od Fair & C;ultura] show, at mast the actual c;sl~erzses is hi.~hcr tl~,an the estimated expenses_ lI' any mare information ne~;ded, p(s don't .Hesitate tc? call ~1d. M Rahnlan .lahir cr~`. (561 j 87[i-'?255 P~easB Visit Our Web-Site: VIIWW.ASIAN-FAIR.COM } I ail ~I ~I I I I I I I i I I L . _ ~.- .- _... ~.~ 1.,YV~JUJVJJ .~.I~-IFCt..~J 1N~JLR~~N~J~ L~L rFA2E ~1l ~~ A_CC11~L~~ CEFiT~FICATE o~ LfABIL.lTY ~~lSl1R„AN~E ~ °AS;oi~51o ""i ~_ ~F'RODCICER 6hdrpg Insurance, Inc. - . ~F!!£ CERTIFlC/i7 .~--`---, -_""---~ ~ ~ 1S lSSUE6 Q$ p MATTER Of INF[?RMATION I A31 E. Coml'Ilerclal blvd. ~Y AND CONFERS NO RIdiTS UPOP! TFfE CERTIFICATE I~ Fort LaeJdel~le, Fi_ X3334 ~ Nbi.DER. THIS CeRT~IC4Tp UOr:S NOT AM14ENR, E)C[~ND OR _ E _ ALTER 7'H~ COtI~RA~p AFF _EI7 BY TiiE ppF ICf~S BLOW. J Phone f9S4)gQ3.8240 µ Fdx 0493-S2a7 (1VStIRI?RS A1~ORDmN3 Ct~V€RAGp I NAIL s1 ~ - E RJSLlRF`G ~8n$I$C~e5h Ass4ciatfDn i~f FtOlld? INSVRERA: BUrfirlgt4rs 1f13Uf8nC_P. C,p, 71 Q4 Hatters Circe I IMSi1RER a; ~~-- ~ ilVest Palm $each, FL 33413- R¢4URER c: _, ~ . I ! _.....~ 1NSUREI4 D: _. _ ..~ INBLJRER E: O~ERI1$H8 INSURER F. THE POLk`Ir'S OF q~SURANCr: IFBTlD HAVE ~~ ISSVED TO TF1E HVauIBEP NAMED A9gV6 POR THE POLICY PE=RIOD IKpIpLTEp, NdTWITN3TPJ+lpINO ANY REQLAFIE1vIENT, TERM OR CQNDIT[ON OF ANY CONTRACT ORt DTyER DOGVMSNT WJTH RESPECT TO WHICf-I Thli5 CERTIFfCATf= MwY BE ISSUEp GR NAY PERTRIN, THE IN8URANEE AFFQRDED B'i THE POI-ICiES DE9CRiBED NEF2EIN IS SUFi7EG7 TO qf~ THE TERMS, ExGLUSIUi~i.S AND CpNi]IT10NS OF SUCy ~OLICIl:S. ACiGFtSCiRTE UNITS SI-IOtiAIN 1ARY HAVE BEEN REauCEa BY PAIp CLgdh+{$, A TYPE GP' INSURANCE P041CY NUM8BR ~ GENLRAI.IIA(~fLiTY __,.._ _ r ~] C014+lNFRCU~. GL'NEFtf1E. LIABILITY GL0710087 II Lam! C~ s ~rr~ CLAl11R5hWbE ~~ oocuR I C~ _ ~~ - CAEN7. AO432EGR7E LIMB' APPLIES ^ POLIC`I ^ PRO.I~CT ^ LQ AVTOiiA081LF Luell~t r L.I ANY aura E~ +4t.+-OWNED AuroS ~7 scl-~alx~D AUTQ$ ^ NIRE'D Auras ^ NON OwNEO AUTCIS ^ _ C~,4RtiRae LIABILITY _~ ^ ANY AUTO ExCg53 LIAIkLITY n ~ n CCCUR ^ CLAC~4S MADE DEWCFlBlE RE:7ENTrON sraPl„raYeRS•+.fae~I;rrr ~ -- . _--~ ANY PROPRIETC7R /PARTNER ! EXECUTIVE d1'FIGf:R! MEA90ER f~XCLIlpl~77 k y4s. dasLribe ulwMr B...Parrle~'1l~/1610N3 babv+ _ flTIyE'R VIED EXP (Arty Ollb Person) PER9Qi~4I, Q,,gpit{K,fVRY 4ENERAL AcaG9HEdgTE at~vGr~T$ - eaap/QP :AGG I oaMeIN~D sINCiJ<: m~rr Bdp0.Y INJURY BODILY rNJLN~Y (Per eccldted) PROPERFY t7+vfwAGE (Flat emldOM) AUTO pIVLY • l:A AC_ eiDEN't OTHERTNAN ~~ AUTO ONF.Y: RGG EACH OGCURR£t3CE AGGREGATE ~ E.L. EACH ACCIOEfvT El. CISEASE - EA EMPLf}Y8E E,~„ gS"$',4SE • POLICY LIMIT f o~erPilorl vF orgeATio»s r I.or.~aTeaius inn .~vlsloNS Even# date ~41T X108 Arad (t4120f1}S - Speciai Event, ASian 8. Fair at t~id gchool Square. Gullurel Att Center, 51 N: Srrr9nt,on Ave- Detray Beach, F~~ :,ertificate holder iS an additional i>1SUred. CERTIFICATE HOLDf;R LI#y Of t~ell'9y ~BCh Attn. Risk Manager 1fl0 NW 1s#,qv~ l7elray ~~acn, FL 33444 bCORD 24 (2001~f8e).~_... 334414 $ 1,OOp,QgO ~1aa,ooo _ __ _ CMICELL.11TfAN 1 ~.TSMCULD ANY GF TN@ ABpVE >7E9CR1BED PCLICII~ pJff CAMQ~,LFa7 ilEi"C1tL 7FIE EXPIRRTID>1i bA71: TFF@Ftl;Qp. THE tsBIIINC iNSVREF! W1Lt s=TI~F_AVOR TG IN141L rl 30 GAYS Y4RITrFN N071Cfe 7'C THE CERTIF7cATE FiQ~pI:It NAIAEp TO Tyit~LgT, 8VT FAII.Uiq@ TO D4 90 SFlALL i6pFQ~E NO p9f~1C.ATkON OR tIA81LIT1" I 14FANY KIND UP4I! T{,{E INSURER, A~i~IT$ OR ICEPRE$6NTATII/E$, j QR~ RkpRFSENTA - .~""~' -I ~ ,...~JI -- - -~~ACSRI, CORFORA710Ft rses EA7'E [MMfpDr~ lF DAFE fMA1R]CIYY L1l4FTS ' EACI~I OCCURRF~E o41T ~aa ~ 44/211Q8 L ~ ~ iE9 >~- MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: January 24, 200$ SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMIS510N MEETING OF..FEBRUARY 5, 2008 AMENDMENT NO. 1 TO THE WIRELESS BROADBAND, AGREEMENTIDELRAY BEACH WIFI, LLCICONSENT 1'O ASSIGNMENT ITEM BEFORE COMMISSION Delray Beach WiFi, LLC has requested an amendment to the Wireless Broadband Agreement, dated May 11, 2007, between the parties and the assignment of that agreement to e-Path Communications of Delray Beach, Inc. BACKGROUND The agreement between the City and Delray Beach WIFI, LLC (DBWF) was executed on May 14, 2007. The agreement provided for free internet service, through wifi, to the Atlantic Avenue corridor, and internet service to the rest of the City over a phased in plan. Once the internet service was available to the entire City, DBWF would donate approximately 100 computers to families, as determined by the City, and provide 200 household with free internet service, also as determined by the City in order to bridge the digital divide. The agreement does not provide for any payment by the City to DBWF, only the use of City owned assets that may be utilized for the network. Under the terms of the agreement if the free service network area {Atlantic Ave.) was not operational within 180 days the City has the option to immediately terminate the agreement (that date was November 14, 2007). DBWF failed to meet this deadline. DBWF has requested an extension of time (see attached letter}, due to prolonged negotiations with FPL regarding the use of FPL poles by DBWF. DBWF has proposed that they can complete the free service zone, and have it operational, by April 4, 200$. They would also like a period 90 days (agreement currently provides for 60 days) to complete the rest of the City on the east side of I-95 and then 90 days (agreement currently provides for 60 days} thereafter to complete the west side of I-95. These revised time frames would not apply to the shaded area as shown on Exhibit "A", attached to the agreement, as DBWF is not allowed to place its equipment on FPL poles in this area until FPL completes its pole replacement program. DBWF has been informed that it would be sometime in 2009 before FPL finishes its work. The Agreement would also be modified to provide for an upgrade in the ram capacity of the free computers and to provide that the free computers would be given to the residents of the City, as determined by the City, within 10 days of the City making such request. The agreement currently provides that the free computers will not be distributed until DBWF provides wifi service in the area where the resident lives who received the free computer. DBWF has also requested that this agreement be assigned to another entity. They have asserted that the personnel are the same, (see attached letter) only the name of the company is changing. RECOMMENDATION Commission discretion. AMENDMENT NO. 1 TO THE WIRELESS BROADBAND AGREEMENT BETWEEN DELRAY BEACH WIFI, LLC AND THE CITY OF DELRAY BEACH DATED MAY 11, 2U07 THIS AMENDMENT No. 1 to the Wireless Broadband Agreement dated May 11, 2007 between DELRAY BEACH WIFI, LLC ("DBWF") the CITY OF DELRAY BEACH ("City") is hereby amended this day of WITNESSETH: . zoos. WHEREAS, the parties entered into an Agreement dated May 11, 2007 (the Agreement); and WHEREAS, DBWF has failed to comply with the time frames to instaA wifi service in the City as a result of time delays in executing agreements with Florida Power and Light for the use of their poles; and WHEREAS, the parties wish to amend the Agreement to allow for an extension of time to allow DBWF to install wifi service in the City; and WHEREAS, the parties also wish to amend the Agreement to provide that DBWF shall furnish the free computers to the City within 10 days of the execution of this Amendment . NOW, THEREFORE, the parties hereto in consideration of the covenants herein contained agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated as if fully set forth herein. 2. Modification. The Agreement shall be modified to provide that DBWF shall complete the installation of and make operational the wifi service in the Free Service Zone by April 4, 2008. The Free Service Zone encompasses the Atlantic Avenue corridor from 1-95 to the beach and extends 3 blocks north and 3 blocks south of Atlantic Avenue. DBWF shall have 90 days from April 4, 2408 to build, install and make operational the portion of the wifi service in the City east of I-95 and then 90 days thereafter to build, install and make operational the portion of wifi service in the City west of I-95. However, pursuant to Exhibit "A", attached hereto and incorporated herein, that shaded area in portions of the NW and SW areas (that resembles a boot} shall not be subject to these timelines as DBWF is prevented by third parties from installing its equipment on the FPL poles or on the property, except DBWF' shall still provide free service on Atlantic Avenue through the shaded area (that resembles a boot}, but this shall not include 3 blocks on each side of the avenue, unless DBWF determines it may be able to use other equipment, already attached, which will enable it to provide the free service through the shaded area. DBWF shall, nevertheless, demonstrate that it has used reasonable diligence to attach wifi equipment through the shaded area without attaching to FPL pales so as to minimize the shaded area not provided wifi service. Notwithstanding the foregoing, DBWF shall install wifi service in the shaded area within 80 days of receiving permission from FPL or the property owner. In the event DBWF #ails to meet the deadlines provided above or furnish the free computers to the City as provided below, the City may terminate this agreement and such termination shall not be subject to Sectionslparagraphs numbered 35 and 38 of the Agreement. The Agreement is further modified to provide that DBWF shall provide the 100 free computers to the City within 10 days of the City making such request to DBWF. The computers shall meet the requirements specified in the Agreement except the RAM z shall be changed from 5'12 MB to 1 gigabit of MB Ram and training shall be provided at a time and place as determined by the City. DBWF agrees that it shall not seek a refund or return of any of the free computers from the City or from the recipient of the computer at any time, even if the agreement is terminated. The Agreement is also modified to amend sectionlparagraph 37 "Network Upgrade" as follows: NETWORK UPGRADE. Delray Beach Wi-Fi shall upgrade the Network from time to time at its sole expense in order to take advantage of technology improvements and to ensure that its service offerings and speeds of providing service are competitive in the consumer marketplace. The Parties note that one of Delray Beach Wi-Fi's vendors, Cisco Systems, routinely provides software upgrades; these will be installed timely by Delray Beach Wi-Fi as such upgrades becoane available, but in no event greater than 90 days after the date such upgrades are anade available to Delray Beach Wi-Fi by Cisco Systems. Delray Beach Wi-Fi acknowledges that it ~~ ~*~ ~„+°„* *^ shall upgrade its system speeds as necessary to compete with similarly situated wireless broadband service providers in the market to ensure its end users have competitive product offerings. Delray Beach Wi-Fi agrees that it shall upgrade the Network providing both (i) free high speed Internet Access to the Free Digital Divide Households, and {ii) Free Service in the Free Service Zone on the same basis as it upgrades its remaining Network. Delra Beach Wi-Fi also a reel that in the event that new wireless technolo ies are introduced to the market and offer either substantial increases in capabilities or reduction in price, and are used in markets in South Florida that Delray Beach Wi-Fi shall make those technologies available to the residents of the City within a period of six months. 3. En#ire Agreement. Except as modified by this amendment, the original agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the date written above. ATTEST: City Clerk CITY OF DELRAY BEACH By: Approved as to Form: 3 Mayor, Rita Ellis City Attorney WITNESSES: DELRAY BEACH WIFI, LLC By: (Print or Type Name) (Print or Type Name} COI~ISENT TO ASSIGNMEIti"T The undersigned, the City of Delray Beach, a Florida ~xtunicipal corporation, being a party rindcr that certain agreement dated May 11, 2(}f37 anal origitaally vetween the City tit" Delray Beach and Delray Beach WIFI, I.LC, does hereby give consent to the assi,gr~mem of the agreement from Delray Beach ~VI)~ 1, LLC to a-Path CSrntnnnications of Delray Beach, Inc, which shall assume and agrees to all terms and conditions of the Qriginal Agreentent and Amendment No. 1 to the anginal Agreement. . IN ''W'ITNESS WHEREOF, the €tndersigned has signed tl~is instrument on this _____ day of , 2QQ . ATTEST: By: _~~ City Clerk Approved as to legal form and Sui~ciency: City Attorney WITNESSES: (Print or Type Name} (Print or Type Name} CITY OF UELRAY BEACH, ~'LOR.IDA By: Rita Ellis, Mayor e-PATH COMMUNICATIONS O:F DE'LRA~ BEACki, INC. By: r_ i ~~ ~ ~;~'"~ +~.; ~...; :~ ~ .: ~ ':~ ,1 ~ 'bra : ~ a~~ : ~ ~ .:~ ~, w e-f'at C'asa~rratanicretiozzs, Irtc. X110 ~:isrz~iat~~o°ea- B]vd. "#'arrtlta, 1+'ioria 33634 813 ~4~-41 Col .lanuary 29, 2008 Susan A. Ruby City Attorney City of Delray Beach 200 N.W. 1st Avenue Delray Beach, Florida 33444 By: Ezxzail (rub~{~?ci.delraY-laeach~l.us } Re: Wireless Broadband Agreement dated lay 11, 200'7 l~etweezi the City of .Delray Beach and Delray Beach WIF1, LLG. Dear Susan, Pursuant tv the referenced Wireless Broadband Agreez~en# between the Gity of Delray Beach and Delray Beach Wll+~, LLG, e-Path Coznznunications, Inc. respectfully requests tha# the city consider an arnendznertt to the referenced agreement to extend the tizzze schedule defizzed in Section 3, Schedule of 1'~;rfortnazzce, Exhibit C and Section 19, Assignmen#, #o permit the agrz:ement to be assigned as part of a ~:c~r}~oratc restructuring to c-Path Communications of Delray Beach, [nc. Section 3, Schecfnle oi' performance, l~xhihit C The effective date of the "fireless Broadband Agreement was Nlay 11, 2(307. The tune schedule fcrr completion in Section 3, Schedule of Perfozinance, Exhibit C, provided 180 days to complete the Atlantic Avenue Free Zane, f©liowed by tr~~o sixty day periods to complete the east and west areas of the City. In additian, "Pale At#achnlent Agreements" required campletion 90 days after the effective date. e-Fatly executed a "Pole Attachment Agreerrzent" with ~`loricia P€~r~ver and Light on August 28, 2007 in full compliance with the Wireless Agreement. Florida Power arzd Light required e-Path to obtain cozz~znon carrier certification with the Florida Public Service Commission prior to pole ajtaclzments. The comrrtission approved our application azz Septerrzber 13, 2007, Upon Public Service Commission approval we Page 11, Susan Ruby, January 29, 2008 began network engineering. On October 30, 20(?? we were ativisod by Florida Paver and Light that seteeted pops in Z7elray Beach rec}uixed xeplacen~rents as defined by "Hardening Plans" mandated by the Public Service Commission and therefore attaehrnent to the s~:lected poles wautd be restricted u.ntit replacements occurred, i.~ue to the replacement requirer~tents, between October 30, 2007 and January 17, .2007, the project was rlelayecl anti] we were advised by l~lorida Power and Light, on the afurerncntianed date, of the pales due for replacement. The pole xeplacerrrent zones axe plotted on the Wireless :Broadband Construction Ptan. Map attached to this letter. The primary area in Delray .Beach is the Linton Sub-Station Zone ~~~hich consists of a ten X10) black by ten (IO) block sectran Borth and south of Atlantic Avenue. This zone will be rieEayed until 20t}~. 1'hc remaining areas of Delxay Beach will not have pale replacement, Due to delays caused by the "Hardening Plan" review which occurred between October 30, 2007 and January l7, 2008 we are requesting an extension of the time schedule commencing an the execution dale of the aniextdznent to include a seven (7) weer period to complete the Free Zone and two sixty ~ day periods cornmenciztg on the completion of the Free Zone to complete each o:f the west a~ad east portions of the city excluding the replacement zone. ~ Section 19, Assignment Pursuant to Section 1~ of the Wireless Broadband Agreement, Delray Beach W1FI, LLC. is restrtreturittg for internal accounting and other sinrctural purposes only. The participation of all individuals and the perforrnaaice of services, as well as the hztatacial wherewithal of the surviving entity, will rerraain unchanged. In this regard, please provide an amendment tQ appxove the assiginnenl of the Wireless Agreetrrent to e-Path Cotntrrunications of Delray Beach, Inc. Moreover, all rernairring terxrts of the Wireless Broadband Agreerrrent evil] remain in full force including all commitments for the Digital Divide objectives. In addition, we wilt upgrade the 100 free computers to include 1 gigabit of Mb Ram to accommodate new software releases, The computers shall be distributed to li7e city 10 days after execution of the amendment providing notification of the selected recipients is received by e-Path. Registration and distribution will occur at a training session, Thank you for year consideration of the proposed amendment. Regards, ~~r~~'~ Joseph A. "I"ortoretti President acid CEO BY OV~RNIIGHT CARR.IF,~ City of Delray Beach City Clerk. 1D0 N.~i%. 1 sz Ave;nue Defray Beach, hL 334.44 Dear City Clerk: ~DATI~ Pursuant to Section 19 cif the V4'ireless $rradband A},~recsnt;nt dated May 11, 2007 by and between the City of Delray i3eac11 and Delray Beach ~iFi, LLC (the "Agreement"), I3elray 13caeh 1Yilri, 1_L C, hereby respectfully requests that the Agreement ho assigned as pert of a corporate restructuring to e-Path C;nrnmunications of Delray Beach, Ine. The apcrative portion of Section 19 reacts as follows: .faefrrry~ Bt~crc~ia Y3~i-if'i aract)~ ussi~aa this .iga•t~e~ateaat cts ~trrt of Crary ~nunciaag rzrt«rr~;cayaaejat, ar Uther~wis~.> ir7 ~•t~nraecri.nsa witlY c~ rc~staYSCturirag raf .I~clrayj 13c~uch Wi-~'i iaprr~ «~provuf fry the City, ovhich tr~pravaf sltaff not hc~ unrecrsotarrbfy witlahcfd. aaa:ditiaaac~c~ ar• delcz}9c~cf. float floc rzssigaaaneaal it to an ~aatity that cu~i perfarraa, hcxi• ex~eriertc~e tee perfarrra, rrraCl tlar~~n{tracial when«vithal tc~ pc~rfarrra the ,~ea-vic~s her~tdarder tta the reasa~ar~hle s«tisfactian of the City. Delray Beach VVii~i is restructuring 1c~r internal accounting anti ether structural purpnses only. The participation of all individuals and the performance of all services ustder the Agreement, as well as the financial rvhercrvithal of the surviving entity will remain unchac~ged. As such, the new entity has the "experience 1za perform, and the financial vvherervithal to perform the Services" as required by Scctia~~ 19. 1~~ this regard, please provide the necessary amendments to the .Agreement as evidence cif the assignment at your earliest canvenic;nce. Should you have any questions, please do not hesitate to contact the undersigned. Sincerely, Joseph ,~.. Tartaretti Authorized representative of Delray Beach V4'iFi, Inc. CC: City of Delray i3cach City Manager 100 N.W, 1~` Avenue Delray Beach, 1^f. 33444 J MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 31, 2008 SUBJECT: AGENDA ITEM 9.I~'. -. REGULAR COMMISSION MEETING OF FEBRUARY 5, 200$ APPEAL OF WAIVER DENIAL/ BRU'S ROOM ITEM BEFORE COMMISSION City Commission is requested to consider an appeal received from Mr. Brudzinski to the City Manager's denial of his request to expand his business license premise to allow the consumption of alcoholic beverages on the Ocean City Lumber Parking lot property on March 15, 2008 from 11:00 a.m. to 11:59 p.m., for the Saint Patrick's Day Parade, per Section 113.02(B) of the Code of Ordinances. BACKGROUND Attached is the original request received from Mr. Brudzinski for the extension of his liquor license premises to include the Ocean City Lumber Parking lot property on Saint Patrick's Day with a site plan. Before the State will approve such a request, per City Code Section 113.02, a waiver for the consumption of alcoholic beverages must be approved. This request was considered by the City Manager and was denied. The reasons for the denial are: 1. We are not approving the expansion of business license area for any private businesses 2. This year the event producer has been approved for a similar set up on the Old School Square surface parking lot from 11:00 a.m, to 7:30 p.m., and 3. We received numerous complaints from our Police Department regarding your expansion last year. Attached is a copy of the code section and last year's police report. Mr. Brudzinski is appealing the City Manager's denial. RECOMMENDATION Staff recommends denial of the appeal received from Mr. Brudzinski to waive the code provision for the consumption of the alcoholic beverages in public and the extension of his liquor license premises for the Saint Patrick's Day Parade on March 15, 2008. ~Q]DIE ttAUC 'S R~c~i~~~ .tAN ~ g 2~OB RDMlt~il$TRATIVE 5 E R V f G E S pppPpppry~ FfE;AC111iJARtERS: 5478 W66t $eh~pfe Rn~ Ms~g~te, f~ar(da 3373 Ph~rne: 95468 ~665t~ Fad 9~4-935-580A David T. Harden City Manager 100 N.W. 1 ~` Avenue Delray Beach, Florida 33444 12.e: Request to Expend Business area 3117'08 Saint Patrick's Day Parade January 29, 200$ Dear Mr. Harden: The Bru's Room Sports Grili is requesting an appeal to your letter dated .. January 2$, 200$ denying our request to extend our sidewalk cafe area for the consumption of alcoholic beverages during the Saint Fatrick's Day Parade on Match 15'h, 200$. Should you have any questions, please feel free to call me at 954-914-9290, Thank you, Bob Brudzinski +~vwl . Sr~sRoom. com • MARGATE POMPANO BEACH D LF~AY SEACN OYNTC7N BEJtCH DEERFIEE.D BEACH CQCQHI~T CREE~C • [RY OF DELRII4 B []E[llAY BEACH January 28, 2008 I ~ Mr. Bob Brudzinski ~ Bru's Room Spoits Grill 54'6 West Sample Road 1993 ~. ate, FL 33073 zool ~ Re: Regaest to lEYpand Busimess License at 35 NE 2"~ Avenue, Delray Beach Saint Patrick's Day Parade, March 15, 2008 Dear Mr. Brudzinsld: Y have reviewed your request to expand your business license area at 35 NE 2~ Avenue from 11:00 a.m. to I i :59 p.m., in Delray Beach for the Saint Pa#rick Day Parade being held on March 15, 2008. Your letter states that the area of expansion is on private property.. Section 4.6.6(A)(B) requires that all business be conducted within a completely enclosed banding, except for approved outside dining area (sidewalk cafes). Section, 113.02 of the City's Code of Ordinance allows me.to consider waiving provisions under this section to allow the consumption of alcohol as requested. However, I am denying your request for the following reasons: 1. We are not approving the expansion of business license. area for any private businesses 2. This year the event producer has been approved for a similar set up on the 41d School Square surface parking lot from 11:00 a,m. to 7:30 p.m., and 3. We received numerous complaints from our Police Departxnent regarding. your expansion last year. You may per Section 113.02(B) of the City's Code of Ordinance appeal my decision to the City Commission. If 1 receive your appeal by this Wednesday, January 30, 2008, I can put your request an the February 5, 2008 Gity Commission meeting. A copy of City Code Section 113.02 is attached, as well as a copy of your appeal letter from last year to use as a guide. Sincerely, f ~~YC I - f David T. Harden Gity Manager )_.ula ~titT 'r, 'u~ector d ~ ~Commux~ity >'mpmvement Chief Larry Schroeder, Police Department U:lvvvvdetaU.cGas1[.tr mBob Smdzinski re Aegpest W F,xpand Buainde Lixnsa 3.> S.OS.doc P1rRFc3RMANCE INTl=6aITV RESPQNSISLE INNOVATIVE TEAMWORK 1QD N.W. Is! AVENUE DELRAY BEACFI, ~~LORIDA 33444 5fi1l243-7004 pR4V181O~lS ~s~~. ~'~~.~9. a~i~n~l~lt~+ls. .. .: ~Ttie dellnkiortis as set forth in F.S. ~Sectlon 561.01 are hereby adopted by reference. (Code 1980, § 3-1) seg. ~~r$.o~. Pf1+I~tTl~t~ x,31` C.o:taIIPTI~N~ol~.posse$s~t•o>~ OPEN . ~•~ Cb•Ci1TA~N~ ~E?F AL~~ta~ ~~V~'~S Ild pUt~I.IC PLA~~S. . (A) Within .this. City i# shalk be uniawfEt!_fc~r any person to cans~rme~ &leohislic.b~averaDe~.Br t3ave in his-her possession ally open coritalner containing an ak:oh~of(c bever~ga while such p~f~bn - is: . ~ . (1~ On the public streats•,.sidewaiks, alleys-end ether rigl~t~ptvv~y r•the~eXceptlOn . . ~ that saata+tf~ patrons cif ~ permitted sidewalk ca#e may consume abafidli~ l~evsreges;. . . ¢2) Qn tie lseaoh; . ~ (3) Ir1 pc,~pa~s, yprovideid, hc~-revet•.- that. pr-s of. t#~a .i'esrat~ta; lt~a~d ~At the'.. -~ 13~fray.~:i~u~ :Cou~~' I.aksi+l~w;~e~~s ~- ~r~~~iic trav'ei~es ors #tie f'Ira~-1~eaCh lk+fi~nicipal ~o[f CEturae antt,~lcbvlevv {~vlf °Colir~e wlfen~ - . triay:,:are:.gott3[~,. and pia a~#er3aiitig an~ pfd: Scoot 3qe; ihc. event ~at~~1d• ~hool i ~Sgi~are br a Qelry ~ear..h, ~eripis ntar ejrent at~the betray Beach ~Tsrinis Centel. may - ~i~sume slcohalic be~er~es ~~urtng the.~vent; -- - . ~ (4) to rrtotor rrehicleB or traNers; nr ~ ~ ~ .~ - (6~ ,Orr busl+less..prc~et~Y outside the pcattdlrtg.wfth:ttie t~xt}epflan.#tret pa~bna•s~ledet . ~ pefmanent tat~lss pi'ovide8 tiyth~ bushva~ may conauine a~looi~ioilo beverag$s: . ~i~~; Artiy person ~y request: that=~$ ; c~ty~- Main~gcr wai~ce .tl~e appiiaabitlty ..01' divisi~'i (~-j for certat0 pubic functjorjs~ar a#fa1~s. Th® Glty bd4sriager sha#i have ~sev~n`('I~•d:#o~C~n~er #uch a ~ regVetst and if• denied,., tl~q aPp~Ubartt n~~:y eppeel. the dsniel bt` tl'-e ~rcquest ~o the tmr Caornrr~sic~n..8uch ap~a! to tlye Ci#3r Cpmm#ssion~ must bs mcde wi#h~i.~ven (7y days and will ~~ be considered by the City Commission within thirty (30) days.of the dertiaL _ • {4rd,. Igo. 490, pawed 2127190; Am: Ord. ~10.~~&91, passed 2/26191; Am. prd, No. 19-98, passed : . 313196) Cross rel~r+encas: -Penalty, § •918.98 .. • • - . ~ ~. ~• . Seca. 113.Q3--113.14. R~3~i~1/~D. ~~ttp://~~br8ryl.municode.com/mccJDocView/137041i/t491156/i57?h€t113.02; ~ ?./2I1ZQ07~ EB~ilfi Hi1UC 'S RECEidED ~ JAN ~ 8 zDa~ ADM ! hi I STRATI V E co~~+re H~-l~s: SERVICES 5476 Wsst Sample Road Margate, Florida ~t~73 Phone: 964-~-1QSfl Pax: 91y4-9~5-5~0 David T. Hazden City Manager 100 7ri.W. lst Avenue Delray Beach, Florida 33444 Re: Request to Expand Business Leased Area 3/18/48 Saint Patrick's Day Parade . January 2S, 2008 Dear Mr. Harden, On behalf of Bru's Room Sports Cmll I am requesting approval to expand oux business license premises to include the Ocean City Lumber Parking lot adjacent to our business on March 15, 2048 from 11.00 a.~xt. to 1 l :S9 p.m, for the Saint Patrick's Day Parade. Per our lease we are able to obtain permission from Milner Electric to expand this use for events. i have attached a copy of the site plan for your review. i appreciate alI of your help in the past and hope this is a better alternative to what we have done. Thank you in advance, r ob Brudztrtslu Owner Bru's Room Sports Grill ~c: Robert Barcinski . 1dAFFC3Ai'E POAIIPANO F3l=ACH ~ELF~AY BE/4CI~i ~©YN70IV BEACH UE1=RFfE.LD. BEACH Cc]~:UNk~R ~r+t~rt • 2 4~ ~~ i ~I I ~~ -J *- N r7 ~~l I ~ ' ~~~~ i ~' jI ~~.:.. .. . ~ f~~ i .~, ~: az ~~ . ~.:. ~ i ~ +. = p ~• ~ C C7 f~ 4' I ~ ~ a~ ~ ... . ~~ ~ ~ n ,~ ~ i SI .. `r ~~ { ~I i •~ -i ; ~ ~ ~_ U ~ ' ,~ ~I I ~~ - ' "-"~ ~ . . ~-~ ~, __ ~ .- ., .:_ ;:L ~ ~~ ~' -~ ,. 4 , 4 1 ~. ry !1 l La\, r y ~t l ~ l --~7 t ~i` f W ~.. S~ _~ ~~'. .~' i F i [[W~~~ ~~ L C~ ~ ~,{ a C 133115 15: '3'~J ~ ~ ~ •.,. Joseph L. Schroeder Ghief of Pollee .,e,., Delray Beach Police Depart~tnent ~~ _~ ~~~ 300 West Atlantic Avenue r ~- 1 Delray Beach, Florida 33444-3695 "~ (5fi 1) 243-7888 Fs,x (56 i) 243-78 i E Zoom ~ 9s3 2ao3 MEMt)RAMDUM TO: City Manaoer David T. Harden FRUM: Chief .lvseph L. Schroeder DATE:. Apr}l 4, 2x07 SUB.tECT: SPEGlAL, EVhi~IT AT HRU'S R _ , OM_Ik1~RCH 97.. 2ti0T As you are weN aware, the Police Deparmmen# faces quite a challenge when it comes to providing far the safety of everyone during grad after the annual St. Patrick's Day Parade and. events. This year the Police Department was caught a little off. guard with the last minute approval by the Ci#y Commission of a request from lBnr's Room. This request involved the exkensi4n of their liquor license outside of their premiso and the a~dd#ion of a very large t®nt. Staff had originally recommended denial but just four days before the event the Commission approved this request on appeal. The result was an increase in problems to the paint where the Police Department was forced to shut the outside activities dawn. In case.this type of request arises again next y®ar, it is the Police Department's recommendation that the reques# tae denied, as k was origins~lly this year. And, should an appeal tse made, that the guidelines established In City ordinance ~ i #3.Q2 be followed and that the Police Department be na#ified when such an appeal would be herd by the Commission. Your assistance in this matter is appreciated. JLS/ppt Serving witJt P.RI.D.E. Professionalism, Respect, Integrity, Diversity and L~xcellence Delray Beaeh Politx rt"`_"• Mcmorande~m To: Msijor Craig Hartman~~n Deputy Lldef oe paiice T'bra: irieutenaux do4n B,-ttiloro Specisl Dpe~atiow Section. From: Ufiiser James K. Fiui~y~ gpeci:i Uper~etfona Section Date: llfix-rc6 26, Zii07 Subf act: The esilowL~ pie ~ s ch~r±4a~ racap oY tiA~ event ~t Brn's room on Mare 17, a00'1(Sai~t P~t#~ri~'s Dayj Also attachod are armbcred ~ of the papes~rorl~ i~iiag ug to tNe approval of an akotioi eons for Bra's ream. Y wan# to reitaata as you rvlii ace id the rra~p tlrat City Qrd. i 13.OZ was nvt xdi~ered to and this poi eseion sboWd have never inn approved. l3ru'~ Room event on Sain# Pah~ick's Day (31~:7/ZQQ'1) On Febn~ary 13, 2007 the City recesv~td a w ro~uoat Bru's. morn reque~g an extension of their liquor lice auci the apddition of a 64' x 23' temt is #rorrt of heir establishment. Neither the request nor the attached permit listed any times for the extension. (see pages 1-4 of ataahsd) On Febnrary ~ 1, 2007 a litter a#arg with the dopy of city code#113.OZ was sesrt bo Htu'a room by Mr. Hardee dsnylag (heir ragtreat. {see proms ~ ~~> On March 12, 2007 Brei's roam semis a letter to Mr. Harden appgaling his, decision. (See peso 7 of ataclaed) (hs March 13, 2447 Asaist~t City Managmr Bot- Harcinsld draws up air a item for a. `City Comnni~ion Spacial Meeting to bo IieM on Marcar l S, 200'7 rec appe&t of waiver denial- Btu'a ioara". denial of the appeal rr~aived Bru's rootia to waive the cede prmrision for the.ca~on ~tho alcohol in public and the exitension of his licNor #iconse prorreises. (See pages 8-9 of attached) Un 116arclt 15, 2007 during flew Gity Coanmi~ion Sperm M staff recottunendations wece igrra~d amid the waivnt' c~aloobwvl ~ was.graart~ecl to Bru`s roam. 1[.ato in the day ~ Marcch 1G, 2047 Bru's mom Las.th$ alcohol iom signed, the police DQ$arar~t-is eotmade aware ofthis apprcvel- On Max+ch 17, x047 adlaa• the pptade heal endmd: Lim 11~Grhall is made aware of a~ arrtaide eve»t tataue~ pisoo at Bee's roorrr. Upon his ~urivai m the Buu's iaona he notices foods of people orvwdt`ng the arcs-from At1an#ic Averse all the why dvr~vn Railroad Avenue, peagle were stnrtitrg to sand near tea rar7r+oad tracl~. Urrta~de of the liar's morn they had reefs setup, a[oobol being served and atnirkfied mzuoc bring played. l.ieatauaad 1Vlrtebel'1 t~ren instructed parade detail officers to respand to the anti of Bru'9 room. Lietrterraut tell malres contact with Bur's room >~S~ AMY Drrnlo~ ~ ingrrires about the eveaeit. Mr.1)rru>ies presents a signed waiver Ssr fire aveat that has no ending time ort it. Lt. Mft~ell deems that 13tv's rooba has 1t>st catat+ol of~ho event and asks Mr. Dwoilces w slnrt down the outside aleahal sales and ampli$e~d music, Mr. DuuEtrrkes complies. 'Tide 9~tion could )mve been prsverrted if &u's rnana wrl9 held to the provisions of City t?rd. dec. 1 i3.p2 where it states: Any pCraua may ~~ that the City 14Lanager waive the applicability of divieion {A) for carta~ public fnncticma as afi`airs. 'lire Cidy Mar~aga' shall lravs seven ('~ days to consider such a request and if denied, the applicant may appeal tl~e denial of the request to the City Cammisaion. Such appeal tau the city Cornmisaion mast be made within. seven ('~ days and gill be considered by the City Coanmrssion within #hirt3' {30) days of the denial. Mr. Harden decried this request on )~ebraary 21, 2007. Bur's rvoan floes not appeal uatiil March 12, 2047 well stttior the saver {'~ days srrt Barth in Section 113.02 Due m tb4 guidelines is City ar+d. 113.02 rat bsit~g mot this overtit mhauld have never been cslneider~d far apgrova~ by Cornmusaion eapeaallY -'~ lees draa 48 home before the evotr<. J MEMORANDUM TO: Mayor and City Commissioners FROM: Patsy Nadal, Purchasing Manager Joseph Safford, Finance Director THROUGH: David T. Harden, City Manager DATE: January 29, 2008 SUBJECT: AGENDA ITEM 9,.G..,..-.REGULAR COMMISSION MEETING OF FEBRUARY 5, 2008 AUTOMOTIVE PARTS ANNUAL CONTRACT' ITEM BEFORE COMMISSION City Commission is requested to approve multiple awards to bidder(s) listed below for the purchase of automotive parts stacked in the Purchasing Warehouse, at an estimated annual cost of $75,000.00. Some awards are to second and third low bidders. BACKGROUND Bids were received on December 28, 2007; from eight (08) vendors all in accordance with City's purchasing procedures. (Bid #2008-02 on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Fleet Maintenance Superintendent and Purchasing Division have reviewed the bids received and recommended award to the bidders listed below and as highlighted on the attached tab sheets. Justification for not selecing low bidders for some items is listed on the attached memo from the Fleet Maintenance Superintendent. In addition, the vendors have submitted a percent off similar items not inventoried in the warehouse. Recommended Vendors:_ Bennett Auto Supply Roger Dean Chevrolet Cold Distributors Warehouse Total Truck Parts, Inc. Delray Lincoln Mercury Vehicle Maintenance Program Genuine Part Co. d/b/a NAPA FUNDING SOURCE Account Code 501-3311.591-52.50 Account Code 501-3311-591-52.50 OPERATING SUPPLIES /EXTERNAL PARTS RECOMMENDATION Staff recommends multiple awards to vendors as stated above at an estimated annual cost of $75,QQ0. Funding from various departments operating budgets. MEMORANDUM TO: PATSY NADAL, SR BUYER FROM: KEVIN RUMELL, FLEET MAINTENANCE SUPERINTENDENT suBJECT: AUTOMOTIVE PATTS ANNCTAL coNTRACr DATE: JA1~~UARY 18, 2008 1 have completed my review of the "Tabulation of Bids" for Bid # 2008-2, Automotive Parts Annual Contract. These are my recommendations regarding the vendors to whom the specific parts should be awarded. I am listing only the line item exceptions that I am recommending, with justification. All other line items should be aw°arded as recommended on your tabulation. Account code for all is 501-3311-59152-50 Line 1: Award to Roger Dean Chevrolet; Bennett and NAPA bid inferior filter. Line 5: Award to Cold Air Distributors; Beiinett's part number did not comply. Line 6: Award to Total Truck Parts; Beruzett's alarrrn is inferior. Line 13: Avcrard to Total Truck Parts; superior brake parts for Police application. Luce 14: Award to Total Trnck Parts; superior brake pans for Police application. Line 15: Award to Total Truck Pans; superior brake pans for Police application. Lune 21: Delete Line 30: Award to Total Truck Pares; NAPA bid inferior filter. Line 34: Award to Total Tn~ck Parts; Bennett bid inferior filter. Line 35: Award to Total Truck Parts; Bennett bid inferior filter. Line 3b: Award to Total Truck Parts; Beiunett bid inferior filter. Line 38: Award to Total Truck Parts; Bennett bid inferior filter. Line 39: Award to Total Truck Parts; Bennett bid inferior filter. Line 42: Award to Total Truck Parts; Bennett bid inferior filter. Line 43: Award to Total Truck Parts; Bennett bid inferior filter. Line 50: Award to Vehicle Maintenance Program; lowest price. Line 52: Award to Bennett; lowest price. Luie 71: Award to Cold Air Distributors; Total Truck Parts bid inferior product. Line 77: Award to Cold Air Distributors; Total Truck Parts bid inferior product. 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W p J ^ ^ F- oo ro t 7 ~ m 0o m m r oo 'O V 7 r r ~ O M v O o _~ ~ J ] r Y o ~ O B H r ~ a W r O 0~ _ v ,~ 0 2 'a r 2 Z o *- ~ O r o Q m ~ O J o¢ w o J [n ()] a .. ~ y o u v o ~ v~ u~ m ~ W j r y .a ~ N~ J m ~ [~ o ~ co ~ m c~ 0 9 ~ j m ~ o O m u~ ~ A 7 v n ~. ~ m ~ 0 7 4 m s q a y o u m ~ N o U nl ~^ ° m~ W P p~ ~ Q C7 C7 o~ d a ~ Z O o D ~ ~ 2 a d ~ c ~n 2 4~ ~' ~ v J U Z ~- v 0 ~ ?~ 0 v U L7 Z W m m ~ m m ~ ~ r G O Y C Y ~ ~ Q1 J ~ ~~ o = o m c? ~ ~ _ ~ ai O! .~ L t _~ 2 U a x ~ U Z Z m N ~ ~ ~ ~ Q W~Qa p m o_ F ~ 0° a v a 4 y m E o ^ c E ~ m W o o ~ m u 0 r } o Z G 0. ~ 2 m 7 Y ? N ~ Q a (n C r L' m m w o W y o an d Z 0 Z y~ U 2 H C y, d ~ ^ ~ `m w O p > r m y > o U ~ L C V Z Z p~ Z O ~ rn U ¢ m 1O ~ w ~ m- ~ u , ~, m i a # a d ~ ~ ~ o F A ~ ~ 9 C ~ a d ~ r» n to u> y ~ d ^ ~ o c ~ °; n~ m m w w E aL ~ O z O Z y~ r o U = U ~ Z n o C c N O ~' ^ ^ o v N J V m m ~+ W o ~ m Z ~ r~ y v a 4 ~ o z° E d ~ o m 0 0 Q S. d ^ o ~ C a m t W Z m Z w > ~ y E o c ~ u u t0 z° c m ~ N N ~ +' C N N d c a V m O .~+ a ^ ^ m w O ~ ~ U ~ oo O ~ 3 ~ N ~ i p P N a A L L m ~ y ~ 0 yy W °o D' m - ~, n° C u r~ `y V O `~ T y ~ _ - ry r A G n C '~ W U VI Z Z _ _ ~ _ O a d _ _ v 3 m L C ] m a N ^ } c ~ J ~ ~ m N 6~ ~ 30 O ~ U ~ ~ _ t '~' ~~ ~ y - y -~ V F m ~ L Spy O O - ~ - - m m K ~ ~ N d ~, U U m a; c m w ^ ~ m ~ ~ E m a o N J 4 ~ O Z f L ~' w 2 ~ b F - O ~ ° Qi o a ~ a Z N . m ~ w li u LL U} u~ ~ r. W N F E ro ~ ` W y h z ~ w w W ~ o m cif } .. ~ a N H O ui y a r y Z W °o ~~ m o N~ O m W a ~ Y N a N ~ O O H Y o U O y~ y o [7 p m ~ W U a _ w ~ b W ~ ~ p ~ a~ X~ d~ z z m z u W LL o r N ~ _ ~ V Q i N W~ ~ ['S ~ y 2 O y } G N } O C 0 'R V w .y 7 3 a .~ 0 u m m Y t _~ 01 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: January 22, 2008 SUBJECT: AGENDA ITEM 4.H. -REGULAR COMMISSION MEETING, OF FEBRUARY 5, 244$ AUTHORIZATION TO IIIRE OUTSIDE COUNSELICITY OF DELRAY BEACH V. MARGUENE ST. JUSTE ITEM BEFORE COMMISSION Request for authorization to hire Kara Rockenbach, Esq. to handle the Oral Argument in the Appellate Case of City of Delray Beach v. Marguene St. Juste at the rate of $225.00 per hour. BACKGROUND In June, 2007, the Trial Court found the City 60% negligent in a dog bite case entitled Marguene.St. Juste v. Keli Nowling and City of Delray Beach. The City filed an appeal with the Fourth District Court of Appeal in August, 2008 and after all appellate briefs were filed, the Appellate Court granted "Oral Argument" and scheduled it for February 19, 2008 before a panel of three (3) judges allowing the City the opportunity to argue its position. Our office recommends the appointment of Kara Rockenbach, an experienced appellate attorney of the firm Gaunt, Pratt, Radford, Methe and Rockenbach, P.A., to handle the oral argument. RECOMMENDATION The City Attorney's Office recommends approval. MEMORANDUM TO: Mayor and City Commissioners FROM: Patsy Nadal, Purchasing Manager Joseph Safford, Finance Director THROUGH: David T. Harden, City Manager DATE: January 29, 2008 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF FEBRUARY 5, 2U08 BID AWARD/ACCURATE EVENT SERVICES ITEM BEFORE COMMISSION City Commission is requested to approve an award to Accurate Event Services in the amount of $39,702.01 for private security services from February 04, 2007 through February 18, 2008 for the International Tennis Tournament. BACKGROUND Per the terms of our agreement with Match Point Inc., the City of Delray Beach is responsible for providing private security for the International Tennis Tournament. In addition to cost, other requirements of the agreement are but not limited to; that the guards be dressed in "hard guard" uniforms, the selected vendor must supply their own radio communications and 2417 contact must be available and that they be experienced. After careful review and consideration, the Police staff, Tournament and Tennis Center staffs are unanimously recommending award to Accurate Event Services based on past performance and experience. FUNDING SOURCE Account Cade: 001-4210-575-55.40 RECOMMENDATION Staff recommends award for private security for the International Tennis Tournament to Accurate Event Services in the amount of $39,702.01. varr. IJ• LVUV i 4.v~niri ~~ii~ni u~n~n uv~€ Ll~u IYV. ]U~h'1 f. AE3' 5 accu~ar~ev~NrsE~vrc€s ~ ~' ~ a 2419 T~ullywaod Bouleval'd, Suite C - Hol~ood, F`L 33~2U~b605 640 North Th~cl~c Avetlae, S>Elite DZ9 - Kissimmee, ~FL 34741 CONTRACT PRESENTED TO; City of Delray Beach Revised; II14108 Sharon Painter 10-11`iW ;tst Avenue Delray Beach, FL 33444 TELEPAUNE: 561-Z65-x355 FAX: SG1:1d5.2752 l~Y£NTt Ittt'i Tennis Ch4m lanshl.. IACATIQNt Delta ]3eseh Tennis Centel DATES: 2!04!08-211S/0lf ItA~3 AND PEES: Security Guards: 516.75 per itqur Ir708;5-Total Saeurlty Guard hours Q SI6.75 par hoar = ~S,G17.38 13ng Cb@ckers: $16.75 got boor 4395 Total-Sag Cbeclier hours Q 516.75 per bent = $ 7r,"G1.63 Supervisors: $1873 per hour 304' Toiel Supcrviaan bents (x1.$16.35 per' hour y $ 3;'723.00 . 5US TOTAL: 539,702.01 Sales Tai on Saporito Only: $Ezem t TOTAL AM4UNT I3UE: $39,702.01 A. DpSC;t1IP7'lON OF SER'S~ICES:. Accurate Event Services will- provide perim$oer security. iry wtlfortue$ licensed and trained Security dicers 1 fivettt Personnel to work the attacLed schedule. All pose are pretllcated upon asix-hour minimum. B~. SCAEUULE REYISIE)NS: Accurate Event Services will- provide additional sGiE at-the same rain wtien gireu 12 hours notice: Arty additions! staffing made with Ices than 12 hours notice will be canstdared "ASAP SERVIC7=" and billed at :laic and a half. A71 "ASAA Sl"sRVit~" will be accommodated on a beer effort basis. Any deletions in ssaf$ng with less than 12 hours notice will be belled aE a b-hour per pcisnn•. C, RA;TE5: The rates fan security afltcers / event personnel era-aS sfffied• above. There are no additiorAaf`charges for avertir,ae, nighty areeltends or . holidays. Accttrata shall eaCrs+ aE !ts own expeas~ a $l.DbO,t}OO.OOtI A-bated General Liability and VLWOrker's Compet;.saifon policy. D. TERMS ©F AIsItL+EMEI~}T: A i~IraiBaymeut of 59,93~.3U n dun bx. Januury.21,2UD8 A second.gayment o1a914,8S1.t11 ie:due ht Sabeuar-x +l, 200. The remalning balance oi'5992SS0 iY due by February 18, 2008:, Notat Iiromplete pRymnntia not raceivod by#lae due date, the in~oieo ahall.be subfeet to the interest rate aP 1.3% per mont$ and a penally of 10°~ of fhe total invoice amount. Attorney fees attd CDSt o~ collecban will be iu sifsliiinn to s11 penaltfcs and interest. The adj[tdication process will occur la the State n€Florida tltstamer ogees it wit! not employ or solicfr for employtrteut any Accurte Event Servicee employee Customer also agrees it will pay Aconttrte Event Services liquid dartrage~ in tEto amount oEthe ono hundred and twenty perccnt•of eutployee's year to-date earnings if hued. Any:ad a!1 add-np'a to rile agreed upon schedule will ba paid within 10 day: oiithe last day ol! show and will' also be subject to tt; a 4bovo term: iE not paid trithlti 10 days. E. gESppN3fSXI,1',I"Y: AreuraDC Event Services main abie4tive is to cgnvcl and rrtairitaio riz~e integity of the sfivw per#tnecos, and is not au ingurer and is oat fesponsiBle for the acts of others or events ilayotzd their aoctral, Accurate CompnnX fe~s'are in no tray related ta:or intended to covet in whole, ar in part any logs, theft; injury for damage th khc property nr product oi` and Individual exlelhitar_ Accurate Event 3erviees, Inc. 3s responsible Bar controlling admission to the exhibit hall and such•meetings, sessions, etc, as may b8 requested by Show Ivlatu~emeut, F, IlVDI;M'1VI~'iCAI'IOI+1: To rho c;tGent pettnlaed by law. bath patdes agree to protect, indeprttify, dhfatd sold hold hamtiesx the other party, and their respective cmpIoyeGS and egrets against ell claims, ]ossex ar damages to pti:rsons or property, gvvcrnmealal cber~cs or Sues, and Costs (including reasonable attorney's fees). arising out of or connected with your t'unetfan, except those claims arising nut of the sole gals negiEgenae or willful mfxconduet oftbe other party. C G. FORCE MAJ1fIl:Rlr t`.ZAUSE; If the performance by either parry of any obligation under this Agreement u delayed of prevented in whole or in part by any cause trot reasanahly within its contra! {including without ]imitation acts of Gad, War, Civi117isturbances, Accidents Damages to I?acilities, Labor Disputes, Acts of Any Goveratnental Body, Terrorist threats or 'Terrorist attacks, or Failtue or Delay of Tlxird Parties), it shall be excused, discharged and. mleased of perf'orrnaace to tits exteaYt such ptrFornrance is 5o fimitt:d or grcventcd without liability of any !Find Nothing hereltr catttained shall be cansrrved as requiring either party to accede to any demands of labor or labor unions, suppliers or other entities that it cansidcra uttreasoaable On Behalf atthe staff" at ACCURATE EYENI' SERVICES we wish to thank you far yoor cat;sideration of our eampany. If yon have coy gnestion9 or concerns,, please give us a call. R4apectfuliy aubmifted, Carmine DeSena; ~Ident Terra of A>~eemestts The term of t4is Agreement shall !x ' on February a, ZOOti and will togtenue anti) February I8; 2D0$. Accurate Event Services is authorized to do the work as spctitied. Paymtrli bo mado as outlitrxtl shave. ' CDMMIJI~TICATIDNS: Broward Tel: 954-927~1s5 Fax: 9~.~337-diS6 Chianda e07-994-2809 a:nail: gII]aTriil[c~CCUi`dte~VBtttS.GOIII ADDENDUM NO. 1 TO THE AGREEMENT WITH ACCURATE EVENT SERVICES THIS ADDENDUM NO. 1 to the Agreement is entered into this day of 2008, by and between the City of Delray Beach, Florida, a Florida municipal corporation ("City") and Accurate Event Services. WITNESSETH; WHEREAS, the Agreement between the parties, is amended to clarify certain terms and conditions. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and the good and valuable consideration as provided for herein, the parties agree as follows: 1. Recitations. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Amendment. The Agreement is hereby amended as follows: Paragraph D -All references to late fees (the 4cn sentence) are hereby removed. The 5`" sentence regarding attorney's fees is also removed. Paragraph F, "Indemnification" -The language is stricken in its entirety and replaced with the following language -Accurate agrees to defend, indemnify, and hold harrnless the City, its agents, officers and employees from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from the actions or omissions of Accurate. 3. Full force and Effect. All other terms and conditions of the Agreement nok expressly modified by this Amendment No. 1 thereto remain in full force and effect. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to Form: By: City Attorney WITNESS: By: Rita Ellis, Mayor ACCURATE EVENT SERVICES Bv: Name Printed: Title: (print or type name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2008 by _ of behalf of the corporation a _ He/She is personally (as identification). known to corporation, on melor has produced Signature of Notary Public 2 U0.1d. I J. [4/4JV I 1 U If11Yl VLi Rf41 ULf4V li UVLI VLVU i4 V. JV~fI I J ACC~JI~AT`l~' F1/jENT ~~l'VtC 2413 Hollywood Boulevard, Suite C Hottywond, F'L 3320-660 SCHEDU~.~ R~ris~d: ~riaros IMTERNAT>IONAL TENNIS CHAMP10N5HIPS Ct:~RAY BEACH TENNIS CENTER llAnnr~av Fohrrr~nt d 9AAf~ Post DesCri~tidn # o~ Guards # of Body Guards # of Bag Checkers - - - - Hours Tatat Gd Haurs~ Tq~t BG Hours Tgtai BC Hours Tom Supervisor Hours North.C3.ate 4 7:Q(3prr1.-T:pO.a~n 12 E)-rerrri [~f 1 7:ODartl.7:AOarrc ?A ?~TAt. ~ 36 T.^earl~~>r ~ah^^~~anl /: 'IAAA .- Total Ao$t Dascriptlon # of G[f^~r~5 of'$ady ' # of Seg Hqur& Tout Gd Tot81 BG Total B.C . Supennsor , Guafd'9 Checkers HgI1f8 Hours HQUrs Hours NG3ts Gate 1 7sOQ.am- 7;t]flarrr 24 O~I,aFrii .hi i '~'~~atn - 7'4Fia~ . ' . ?tt: ~rt~ ~ WnAr46crl~v (:aFiri^a~u A. ?_AAA Pgst f~escrlption #b of Guards # of Body Guards # of Bag Checkers Houm Total Gd hours 7otat 9G Hours ~ Tote# BC' }inure Tatar Supervisor Flouta Norttr:t3ate i~ 7;a~rtr - 7:OQam . as Ove~i` Ijt 1 7:~8m - 7;l~arir 24 TdT1~ 2 ~. Thr.^^•1~1~9^r SnF^naa~4e'l 7r~rtira ~ -- Total Post Descrsptiorl # of E3uards # of Body Guards # 06 Bag Checkers Tatat Gd Nours hlaurs Total E~ Hoare TotaE BE Hvura Supervisor _ Hags North. Gate t l:0(fam - 7':CDam . ~ 24° Quer'r~ ht 1 7:OOarn - 7:OQatn 24 ~roz~i.. a~ r."rirl~v ~ehr^^~ti R 9Af1R Past Descrip#i0n # of Guards # of Bady Guards # oT 13ag Checkers Hours Total Gd Hours Tota) 6G Hours Tatat BC Hours 7ota1 Supervisor kiours iVorth Gaza i 7-pQam - 7:ODam 24 Overrii ht i 7:Oisam - 7:Q~arn ~ 2~ ' TQTAIc. 2 4a 1 6f kt ~. - Jdll. 17• 1UU0 I I :UL}iiYl UCLRriT QCfiLr1 UULr LLUD tvU, ]U't) ~• 9 ~iCC~lRA~'r~ ~~E~~ S~RYIC~S 2419 Holly~nraod Boulevard, 3vite C Hallywrio+# F1.334ZO~BGS SCHEDULE Revised: 1I14I08 INT~RNAT~ONA~ TENN15 CF#AMPIONSHIPS D~~RAY BEAGH ~~NNIS Cr=NTER Past Ce6eripbnn rf pf Guards # of Bo . Guardsx 0tiiv.iF.v,~A # of Ba .Checkers crrruai. o, F~vW Hours Tots! Gd Hours Total gG Hours Total BC Hours Total Supervisor Hours North t3als, t 7:~arn - T,O~am 24 S.E: Gafe ~ 7:OE7arn -7:00 ni t2. t+i1ll~. Pl ; Cnt['ante a 8~arri - SOq' m 14 Nfa'ii1 Gaff 1 8ODarn - 7t4tl~ rn 11 !=. drnrrm Cntr 1 s:~am :$:OD''~_rri 10 Camir~: Ciitr. 1 8t{1Qarri = 9:f}Opit~ 40: 130' ~~to~'F:c+t _ dirt House Haiid~ra i.aE' 1s1;e~ 1s1: ~ G(7.eGISeF B Gti~ker. - 1' ~ 9_:4b .'.-6,0 'rsr.` 70'.170am - ~c40:'m ~ ~ G.... ~ 1f:,7ruck. Pu °"le'Lot 1 7;OOarn GcOt) m 11' Rene( 2. 7:(lE3ari'- - @'~0 `m 22 ClveniT ;ht Supeivisoi~ OTAL.. 9 'J 14 ~ 1;0 r~ - B;~Oatr4 7;OOarn =.~tklt~am 14 Z?rL 49 24 r..~r..., rat .......... wR aMg Post Description - # of Guardg. # of 6adlr ; Guam ~F of Bag Che~co~ .. _ _.. -- _ Hours Total Gd Noura Tate! !3a Gloats Totai.BC Hours Total Supenrlsor Hou Np :Cate ? ' ~OOam - 7OOam 2d' S.E,:Cate 1 7:O~am'-7tl1d rn '!~ Nlrlt*P ritr~trloe~. t $:bbatn-6la0.,. 10 Maid"[date 7 g•ODetn-7• `Frt 1~ lr Carries. CntF '1 B;Qban7 - 6;9t? . m 10 8. Comm. Critr. 1 8:t1(3am - 6:00 ni 1 D 8a Scr3ut lot Courf~Houee . hiandica Lni ?s€ and 1st chQClier checker t 4 9:t)Oam - 6:00 m 1Q:OOariT - 7:Ct0 'm ~ 88 'f.V. Truck Pu 1e Lnt Relief avemi M: 5u . rVisgr 1 2 1 1 1:00am - 8:00 m 7:DQam. - B:a1l. m 8:t1a in - i3.Fi0am 7:OOam - 7:OD8rn 11 22 9 4 4 TDTAL 14 5: 1?4 46, 24 2of8 R F 1 1 f i i Jdll. 17. IUVD I I ~ VlnlYl ULLISf11 llL7tVll UULI VLV^ A CC tJl~r4 ~~ ~'~/~,~f Siw~ 1 ! ~~~ 7A1S Hollywood Soestevard, Suite C Holtysyoad, Fl. 33020~66i3 SCHEDULE • ltevi6ed: 7114!08 . lNT~RNATIDNAL TENNtS CHAMPlONSHJP~ DELRAY BEAEH TENNIS CI=NxER IYV~ )U7J I -J Post pescriptiort # of Guards of Body Guards •..Y..Mw # of Bag Checkers . ~ ~... . -_ Hours Iota! Cad Hours Total BG FEaurs Totat BC Hours 70~ Supervisor }iaurs North Gate 6.~..GaEe 1 1 7:QD'$m • T_t}Oarn ~ i)4am - 71:0' m 24 18 NW P ~: ryce N]ain Gate i 1 8sopam' 11:OU' . 7:OE3am - 1.2:01 am 1~ 1.7 ~. Coinirtt: Cntr : 1 $:00arn -12:O,iam i8 $ Cortifis Ctit~. 1 ~:gi~arn-'t~:018m: 18 ~ Scoelt irof ` ~agrt:HQWsie' Ha~d[ca !mot' 1st and 'I ;t#aeoker 4 1G:0, ' ` - X1:4} m ~ ~2 . ~ ~ 9.9~arri-'~s'II0 -n 14 T,V:' Tivdi ' Put I~.l.ot.. 1: 7:Q4~m - .1.2D.1stn.. ~ 1 Belief l3veml : $e1pAFYiaar 7'GTAL ~ 1: 1 '!1 4 s:~arn-1~;0 m 1 ~t~l $:0£1am. 7.:pR8m . 7;~am 34 9 1T~ 2~ -r..~_J•.... L.. L...s.wwe.. d~~Jt ~3Ala~ Post Aescription NortFi~:Oa#e S:ir, oats # of (3uarda 1 1 # of Body f3uarda # of Bag Cti~kers Hours 7:U0 m - 7:0!>am 7:OO~uit -11:Ofi ' ~ Total (3d Hoears 24 i6 Total BCi .Hogs ~ Tote( BC Haura 7otak 5upenrlsar Hvnra NW P ` .Edizance ~ 8:pperrs - t i;UO m 1:5 Mair.aate" E Comas. Cr~r 1 1 7~Fiam - 4~:f3fia~n ~ 8:44tam -1~_07am i 7$ S: Comm. Crib. 1 8:00am -12:Oiam 16 Bo Scauf-Lot Couit Flause :~o! HBndiCa . 'is~t and t st Ba . Checker 4 10:Dtfam -11:(}{7 m 62 1 9:c10arrl -11:06 m 14 T.V. TrUCk Pu la. kat 1 7;OOACr1-12:01 am 17 ETelfei 2 B:OL?am -11:0(1 m 80 Overn ht 9u ervisar 1 1 11:D0 rn - B.:ODam 7:OO~rrs- 7:40am 9 24 TOTAL 42 4 i7B 52 24 3a~8 dan, E7• LVUO I I:VL~iYi UCLRliT ocn~n uvGr ~~vn ay u, ]U'F~ r. U ~V~V~~'s ~v~~l ~7~~~~V .~~7 2419 l~altys~vood Baulaward, Suit® C Hoilywoad, FL 390Z0~805 SCHEDU~.E Ravlsed:lli4l08 INTERNATIONAL TENNIS EHAMPI~NSHIPS DELRAY BEACH-1 T~NN1S CENTER iNl...i.......In~~ Gah~rsnr 4~4 9nn3t Post f,]escrip#ian ~ of Guards of Body Guards # of BagT Checkers - - - Hours Total Gd Hours Tolal 8© Hours .7atal BC Flours Tote! 5uperviscr Hours Nartfi.Gafe t 7:QOarn.-T:f]Darn 2g S:E_.~,~t~ 1 l:f~afrt-120'farn 1'7 NIA1 Pi ,1=rytra~ce ?. s;QOam, 92:47am ~ 18 Mein Gaffe t 7:QUarn:-'l2:D1am 17 Gottiirn, Gnfr ~ 1 B:DOsn - 'I2'07 am '1 r; &, Comrz~: Gnit: 1 !?<OE1arr~ - 12:t~1am ~ ifi ';Scow [.ot `.Cour3'klouse f•iardica ' La! Ostia ~~t . Ba `ehrjcker ~. ~ t4: rn =11:40 m. ': 71f 7rueiE Pu .!el.at 1 7Op8m-1241sm 17 fZCfief 2 BOtlam, - t$s(!'f am 32 Qvemi"F~t: uPenrf~o~ 'I 1 9~Aiam -:S:~Darzt ' '~itlr~srlll -. 74(3am ~ 8 ~!~ TQ7d-~. t~ +t 1'84. ~. ~'R...c..?~„ sdr.~~,s... ~d~ ~Y1ftil~ PosC Descr[pttan ~ of Guards #of Bady . awaMs - #of:eag Ch~cleeria - _ ~_ . _ -- - Flours Trrtr7F Cad Hours ~oiatSC3 How 7ats1 BC Haug Toff Supervlsoa hlaura f<lt~rtlr Cate 1 7:ODelrf-7:~am Z4 5,~. GBte 1 7:RL1am -12;Oiam 1 NVIt ~- Ei~trarrce ? ~ B:a~rn - 7234'iem iB Mdtri Gafe. 1 7Dflairt -12:Ctiam 17 E. Gomm: Cntr 1 804am.-12:o1am 18 8. GomE11. Gntr. 1 B:~Oam-12:1)iarn_ iB Ba ,SeauE Lof GouR F{ouse Haeidica Lot 1sE'and.1 st gB itheclcer 9 9.84arn - i1:D0 m 14 f3a ct>BCkBt 3 tQ:UQarn ~ 11:QD m 38 G. m 1 9:4E1am -12:0'lam 15 T.V. Truck Pu fe Lot T 7:44aM -124iam 17 Raiief 2 8:OQam-1.2;Oiarn 32 D+iemf t Su ervlscr ? 1 T2:plarn.- $::OOam 7;t]f7aFit - 7;OQam 8 24 ToTAk, 72 a• is~r ~ 4of6 ,pan. ~~. ~vu~ ~ i:U~nGVr ue~Rnr n~n~n uu~r vivo ire, 3u~~ r. r f acc~rt~arf ~v~~r s~~vl~~F~ 24'19 HoElywaud Soule~rarrl, Suite C Nuhywcod, Fi.33p2p-&BQ5 SCHEDULE Re~Zaed: 911+1!06 INTERNATIONAL TENNIS- CHAMPlOMSHIPS~ t3Et-RAY BEACH TENNIS CENTER C :-E.... C...l..r.,~wae A lG 9Allrt. Post• Descrlptiori # of Guards # ai Bndy Guards # of Bag• Checlcdrs -- --- - - ---- Hours '~ota1 Gd Hours Tatar BC Hours Tatal BC Hours Tate[ Supandsar Hours Noah. GafO 1 7OO~im - 7:ODaan 24 Si=. Gate 1 7A~am - 9201dm 77 NVIF R. . EnEriance Main Gate: ~ 4 f 8 Opam - '11:Ub` to 7:DOam - ?ZR1am i 5 17 E Corrirrr;:Gntr . 7 $:OQSrrt - t~;0iam 1g ' . S1t;orrim.C']tr 'l Bsfil~arrr-.12:01em 1S _ ' .:BC 5covt Lot ~ - - .C,c~3rtHa~ase 1 1{1:flffarsr-5:3Q m 7:5 - Harlr~i~2i :LQt 't~ en~'~t.. I ,~S ;C~IHC[S9[ .. Bs .:checker ~ 10 Cram 11::00 rri' ' _ . 1 9 OOam -12:~ iam 15 T V. Trick .;. _ .. Pu t$ E.at 1 7.D~m--'1z;Ofad] . : 17 RelFei Overt` ~ SF~ ' '~!!ieor 2 1 1' 8 (1(~ant-12:4'iam 92:b'iar11: 8.i0Dain 7.(k]am 7:OQa~ 32 2 7'aTAL 13 ~ ~ 18s:5 ~ +~ Sa~t~t~deti ~e~rrcFa~ ; ~t~ ~o Posi Dascriptlou # of Guards ~ ai Body G"wards # of Bag Checkers : Hours Total Gd Hours Tcta18G FicWra Tntab SE• Nouns 70€$~ Sup~rvi~Ar FIOUr North Gefe 't 7:q.,Elam -.7:OQam 24 s.>r. a~t~ ~ ~.ooa~ - ~z:o-lam t~ NVY P ~ntiiance 1 $:84&th -11:00 ' 1.9 A1'ain Gake E Comm. Gntr 7 1 7.40am - t2:01arn B;OOain -12t01am 1~ 98 S~ Corrtirn. _Cntr_ # 8:OQam -12:01 am ] 5 B Scout i;db Co;Wr# lotisa Flandira I;ot tgt-arid tst. B chei~cer 1 7:3Dam -11:Db m 15,5 t3a.checker 3 11:OiJarrt » 1 ]:b0 m . 3$ G 1 9c00arn • 12:D#arn 15 T_V_ TrUCk Pu le Lat 1 7:DOam -12:a9am 97 • E7elief 2 B:OOam -12:Rtsm 32 Overni t Supervisor 1 1 1 z:o9 era • 1 Q;DOam 7:OOam » 7:OOarr- 1 Q 2~' 'fD,TA~ 42` a 487: 51.5 2ri l5ofB Jao. i7. LUUti II.U~nIY~ ut~Rnr ntn~rs u~~r u~uo ,, ACC~[JRA'~~ ~V~11~['F 3~RVI~CFS 2449 Hatiywood t3olllevard; Suite C Hollywood, FL 33020-6505 SCHEDULE Ravtsedt 111AlOti INTERNAT~~NAL TENNIS CHAMPIONSHIPS DEf_RAY BEACH TENNIS GEN7ER ~....a..., e..~.w,~,,. ~~ 9[u1R iru: ~v~t~ r, v Post Description # of Guards ~ of Body guards # at Beg • Ghecicers -- -- - - - - - htours Tata1 Gd Hours Totaf B~ Hours Tnta18C Hours Tntai' . Supen+lsor Hours. North-Gale - i ~ T:OOam - 7;flF?airi 24 $_E Gate 1 7:O.E1am - 7tfl~ ~ 12 ~W.PhI ~~ntranre i 8:OLIam - 7,'80 , ~ " 11. : Mai~:C7ste 1• rrl 7:40srt - 7:(iD 12 € irarr3rri.°Ciitr i i30oam-7:i10'~tn t3 S. Cofnm:.Gntr. 1 8011~~ 'T; m 41 t3o $coit;l:pt - Court-House .H~nd t:ct 'f~taia4 . ~ ~ ; . . ' .:i3s ~~eker 4 $t0~am 7: r~.. i~ ~: Ba .dethe~ 3 1:1.:ouarrs- 7,170 m ?!~ G• •„'. _ 1 10i00arn = .7:00 ni 9 'f Y jam;. ~ _ .[~i-bf T 7:QQ'atr3 - 1'fb rn. 11 Orreni t ;upei~sEir 1 t ~': 7:I1~ssr 7:~Q8n't-7:~?prx'r 12 ~ ~a~ TEiTi4E 7 ~ ~ 1~~8 34 41~ ra~..re.. e..w...~.., d~ 7AA~ PosE Desdiption # of Guards # Df Body : Guards . # of.8a~ Checkeas -- --- - - - - - Hours Total Gd Hours j4t91 HG Hours fatal l3lr 1~lnurs 7i3tA~ Supervisor Hours Wartt~ Date S 7:0Qsm - 5:00 rn 1~ T'O'yAL. ~ ~E3~ 7otats 4708.5 +t39.5 204 6af8 MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Acting Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: January 30, 2008 SUBJECT: AGENDA ITEM 9.J. -REGULAR COMMISSION. MEETING OF FEBRUARY 5, 2008 PROPOSED INCREASE IN PAVILION, FIELD & FACILITY RENTALS FEES ITEM BEFORE COMMISSION The item before the Commission is consideration of proposed increases in Pavilion, Field & Facility Rental Fees. BACKGROUND The rental fees for the park pavilions and facilities has not been changed for at least 12 years. Proposed fee changes are outlined on the attached schedule. Currently, the Parks and Recreation Department charges $7.00 per hour for athletic field lighting. Staff is recommending implementation of a charge for the use of fields as shown on the attached schedule. A chart showing field rental comparisons from other jurisdictions is attached for your review. RECOMMENDATION The Parks and Recreation Department recommends increasing the pavilion and facilities rental fees and implementing a charge for the use of fields as shown in the attached fee schedules. `#T`' MEMORAINQ..1 M D E L~ RR A' Y tl k ~ F n Tp; 13avid Harden, City Manager $ar s f7 Rcc ~n~ d Recreation Director k i P s an ar ng FROM; Tim Sitrtnctans, Act ~ATi:; I Ill ~f0"7 R~; Recommended Pavilion R~rltal Cltauges ~tgx~r~ark~ - Based on the attached spreadsheets with local rental cornpari.sons, below are tote t~eoFnmepdations for changes far this upcoming year for our av~,~,„ i„ lions: * Veterans Park Gazebo rental is for 2 hours beesuse of the 2 hour time lrmrt for parking, except an Surrdays. Pavilion i,acations Current Fee ~'ro ose d Fee '/x da 4 hr All da xh d 4 Itr All da Atlantio L?unes $75 $1S6 $$5 $l?0 Barwick Park $25 S50 $35 $70 Catherine Strang Sports $25 $SO $3S S70 Pavllion Catherine Strong Splash S25 $50 $35 $70 Pavilion Ea a Park $20 $40 $30 $50 Lakeview Park $20 $40 $30 $60 Mike Macheck Boy Scout $20 $40 $35 $76 Park Orchard View Park # l 3 ,b $20 $40 $30 S60 Orchard View Park #4 5 $25 $50 $35 $70 C'ine Grove Park $25 $50 $35 S70 Pom a 'Park Veterans Park Gazebo' $25 $75.0612 hr $SO $150/4 hr $35 $85.OOtZ 1u' $76 $~~/4lv' 5ua Attacbznents CC: Irgdger 1Zibeiro, Recreation Superintendent ' ~~ ~ ° "" "°" TO: David Harden, City Manages Para ~+ Rccreai~n ~'" i FROM: rector Turn Simmons, Acting Parks and Recreation D E?AT~: 1 UI6iQ7 tt~ its1Y ~n~F$ RE: Recattnttendt~d Facility and Field Rental C4~artges Basefl an the attached spreadsheets with 1nGa] rentsi coniparisar~, below are the recommendations for changes for this u rxrmin ear for our facilities: Rental Current Fce Proposed Chan e 3-wa room 1" ~ hours $48 S60 2-wa roam 1 3 hours $28 $4R Sin a room 1 3 hours $18.25 530 Kitchen and warnxin oatl 518.25 $30 G nasium no admission $48 510© G nasium admission * 50°J° ticket recei $240 $750 Su ervisar Fee e$er seheduteA center tus) $t5 525 Set U Feb (alter scheduled center hrs) $~ $60 (ono tiros flat fee) Fee er additional hour Si0 S20 L7e it $75 $1i7D Deposit -- $75 $200 Other than es: Cetrre>nt Pro Deed Clean e one week notice for canceifation 481tours.notie6 of caneeilation. Refunds must be in writing. Fxcegtipns will be made Far extenuatin eircttmstancxs. De osit only ~ front All cots and d osits 'd front to reserve elate. 6 ui ment use at no cost Refundable d sit r aired far misceiianeuus items needed far rental. Based on the attached spreadsheet with local rental cazrtparisons, below are the recornmendat'sons for this etpcamin ear for our fields: Rental Current Fee Pro cd Chan e Field $3512 hra Su ervisor $25/1tr Li s $10~ Lines -soccer $351iYeld Lines -baseball $ZS16eld Can.ession 25°J° v£ oss Tournament 25% of r "stratian fees Refundable D 't SI00 VLl1G1. 4ilrGlt GA. Current Pen osect Chao e Tournaments -no system in piece Tournaments--require prior written approval flf i'arks and RECr'e3tintt Director ius fees Fisted shove. Permlt Farm ted it form Attachments GC: Rodger Riheira, Recreation Supetintenderrt J MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 29, 2008 SUBJECT: AGENDA ITN M 10.A. -REGULAR COMMISSION' MEETING OF FEBRUARY 5, 2008 ORDINANCE NO. 38-fi7 (SECOND READINGISECOND PUBLIC HEARING) ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for City initiated amendments to the Land Development Regulations (LDR) which intend to clarify the current regulations, provide parameters, and define compatible development within the City's five {5) historic districts and individually designated properties. BACKGROUND At the first reading on January 15, 2008, the Commission passed Ordinance Na. 38-07. RECOMMENDATION Recommend approval of Ordinance No. 38-07 on second and final reading. ORDINANCE NO. 38-0~ AN ORDINANCE OF `CHE CITY COMMISSION OF THE CITY OF DELRAY BEr1CH, FLORIDr'1, Ai~IF,NDING THE LAND DF,VELOPI~-'TENT REGtLATIONS OF "1'HT3 CI"I`Y OF DELRAY BF.r1CH BY A~-IENDTNCG SEC'T'ION 2.4.6, "PROCEDURES FOR OBTAINING PERI4II'T'S", SUBSECTION 2.4.6(H}, "CF..RTIFICt1TE OF APPROPRIATENESS FOR HISTORIC STRUCTURES, SITES, AND IN HISTORIC DISTRIC'T'S", PROVIDING CLARIFICA'T'ION OF THE REQUIREIv1L,NTS AND PROCEDURES FOR OBTr1T1VING A CERTITiICATF. OIr 11I'PROPRIATENF.SS; Al~'IENDING SECTION 3.2.4, "STANDARDS FOR SPECIFIC ARF.r1S OR PURPOSES", SUBSEC'T'ION 3.2.4(E), "HISTORIC DISTRICTS AND SITES", PROVIDING FOR AND INCC)RPORA'I'TNG 'I'HF. DELRAY BF,ACH HISTORIC PRESERVATION DESIGN GUIDELINES AND 'T'HE SECRETARY UI' THE INTERIOR'S S'T'ANDARDS FUR REHABIL.I'1'ATION; Ai\~TENDING SECTION 4.1.4, "USF, {)F LO'T'S Oh R)=,CORD", TO PROVIDI? FOR VARIANCES; AMENDING 5EC'I"IC)N 4.3.3, "SPECIAL REQUIREMENT"S FOR SPECIFIC USES", SUBSF..CTION 4.3.3(0, "GUEST COTTAGE", TO PROVIDE'I'HA1' HEIGH'T' SHALL NOT EXCT?ED THAT OF '1 HL MAIN STRUCTURF. 1N HIS'1"ORIC DTSTRIC'i"S; AMENDINGG SF.CI'ION 4.4.17, "RESIDEN'1'IAL OFFICE {RO) DISTRICT", SUBSEC'I'1C)NS 4.4.17(A), "PURPOSE AND IN'T'ENT", AND 4.4.17(G), "SUPPI.EI~IENTAL DISTRIC`I" REGULATIONS", PR{)VIDING PARKING REQUIR]~MEN'T'S FOR CONVERSION OF RESIDENTIAL, STRUCTURES INTO OFFICE, L'SE IN HIS'T'ORIC DISTRICTS; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTIONS 4.4.24{D), "CONDITIONAL USES AND STRUCTURES ALLOWED" AND 4.4.24(H}, "SPECIAL DISTRIC'T' REGULATIONS", CLARIFYING THAT PARKINCG LO'T'S NO i" ASSOCIATED WITH A USE MUST BE PUBLIC AND CLARIFYING SPECIAL DISTRICT REGULATIONS; AMENDING SECTION 4.5.1, "HIS'I'{)RIC PRESERVATION SITES AND DISTRICTS", SUBSECTIONS 4.5.1 (B}, "CRITERIA FOR DF_.SIGNATION OF HISTORIC SITES UR DISTRICTS", 45.1(F.), "DEVELOPMENT STANDARDS", AND 4.5.1(L), "DESIGNATION OF HIS`I"URIC DISTRICTS", BY CLARIFYING THE APPLICATION OF DEVF,LOPMEN'I' STANDARDS WITH RESPF...CT TO USI~,1.ONING DISTRICT AND HI5TORIC CLASSIFICA'T'ION; AND AMENDING APPENDIX "A", "DEFINITIONS", 'T'O PROVIDE A NEW DEFINITION FOR "HARDSCAPE", AND TO PROVIDE AMENDED DEFINITIONS RELATED TO HISTORIC PRESERVATION; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and WHERF_.IlS, the City Commission of the City of Delta}' Beach believes that protecting and preserving historic properties/districts furthers its goals of promoting health, safety and welfare by preserving the history of the City for the welfare of future generations; and WHEREAS, the Cit}' Commission of the Cit}r of Delray Beach desires to preserve the property values of all land owners in historic districts and/or individually designated historic properties; and WHEREAS, the City Commission of the City of Delray Beach desires to clarify the language in its band Development Regulations pertaining to historic properties/districts in order to provide guidance Eor those citizens that live or own property in historic properties/districts. WHEREAS, the City= Commission desires and intends for the Historic Preservation Board to have wide discretion to limit overlay and zoning district requirements fettered by the limitations provided in this ordinance pertaining to visual compatibility standards including but not limited to: height, width, scale, mass, facade, openings, rhythm, materials, color, texture, roof shapes direction, lot coverage and square footage; and WHEREAS, the City Commission desires and intends that the limitations provided in the overlay and zoninu district regulations shall serve as a maximum upper limit and these Historic Preservation Design Guidelines codified in this ordinance shall provide additional limitations that may be considered and applied to properties within all historic districts in the City of Delray Beach. NOW, THEREFORE, BE PI' ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, A5 FOLLOWS: Section 1. That Section 2.4.6, "Procedures for Obtaining Permits", Subsection (H}, "Certificate of Appropriateness for Historic Sites, Structures and in Historic Districts", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida is hereb}' amended to read as follows: Section 2.4.6 Procedures for Obtaining Permits: (H) Certificate of Appropriateness for IndividuallX Designated Historic Structures, Sues artd all Properties Located within ~ Historic Districts: {1} Rule: A Certificate of Appropriateness shall be required Eor the following activities which occur on a designated historic site, designated historic interiors, or within designated historic districts: ORD. NO. 38-07 '7 .....:....~ R,.,.~.7 -------n ~~ Any development application which is processed under these regulations for 'which action is required by the Site Plan Review and Appearance Board or the Board of Adjustment; and in such case, the Historic Preservation Board shall act in-lieu of such Board. {t}om Any building, structure, appurtenance, improvement, or landscape feature, which will be erected, altered, restored, renovated, excavated, relocated, or demolished and ~vhicl7 regards anv exterior architectural features (and interior architectural features in the case of designated historic interiors), landscape features, or site improvements, except for those items specifically exempted by a list promulgated by the Director. Any material change in existing walls, fences, sidewalks, hard_._ scaue features. and changes of color. A Certificate of Appropriateness is not required for general, occasional maintenance of any historic building, interior, structure, or site, or any building or structure within a historic district or in kind re lacement of materials or colors. General, occasional maintenance shall include, but not be limited to lawn and landscaping care and minor repairs that restore or maintain the historic site or current character of the building or structure. General, occasional maintenance shall not include any of the activities described and defined in divisions (1) {a} through {1} {-~1-}~c,~ of this Section. A Certificate of Appropriateness will not be required for construction, reconstruction, restoration, renovation, or demolition for an r interior alteration except for designated historic interiors . General, occasional maintenance and repair shall also include any ordinary maintenance which does not require a building permit from the City. (2} Required I,nfgrmation: {b}~}. S€~n~-~eue Application: When an item goes before the Historic Preservation Board or is reviewed administrativel ~ and it is not associated with an}' land development application, the following information in the form of photographs or plans shall be provided, asas at~plicable: 3 ORD. NC). 38-~7 {ej 1. Site plan and/or survey; {~} 2. Building elevations, and/or architectural drawings, and/or artistic sketches or renderings; {e} 3. Landscaping plan; {#~ 4. Floor plan(s); ~ 5. 5arnples of building materials and color chips; {h} 6. Engineering reports; ~ ~• n..,., „~._,..:...., r~r.._a. Demolition Plans• S. Window and door schedule rovidin s ecifications to include but not be limited to window t e material, configuration dimensions, and _profle draw'ng~' 9. Photo ra hs of all exisrin elevations of the sub'ect property, labeled with cardinal direction and addre~s• 10. Other materials as ma ~ be re nested by the Plannin and Zonis Department or Historic Pre_ servation Board. Also, a standard r~ COA application form, accompanied by payment of a processing fee per 2.4.3(K) must be provided. Class I - Class V Site Plan A lications: A lications for Class l- Class V Site Plans shall be submitted in accordance with Section 2.4.3 in con unction with the a licahle information re uired for a COA nrovidcd in {a~, above. (3) Procedure: ~~ ~~~~-' "'~-~^ Applications Reviewed b the Historic Preservation Board: An application for a COfL r r, n ...i.:-i. ao~, not ORIG. NO. 38 U7 that re wires Board a roval as provided in the COA al-~t~roval matrix set forth in the Delray Beach Historic Preservation Desi m Guidelines as amended from time to time shall be scheduled for review and action at the nest available meeting of the Historic Preservation Board, at which time an action of approval, R~ix~~'~= approval of a modified application continuance with direction or denial may be taken. The Historic Preservation Board shall a~iplTapplicable ordinances, Delra~~ Beach Historic Preservation Desi n Guidelines and the Secretarv of the intcriar's Standards for Rehabilitation. (b Administrative) -Reviewed A lications: Ana lication for a COA which does not re wire a roval by the Historic Prescrvation Board as rovided in the COA a . roval matrix as amended from time to time set forth in the Delra ~ Beach Historic Preservation Desi n Guidelines ma ~ be a roved administrative) ? in accordance with a licable ordinances Historic Prescr=anon Desi n Guidelines and the 5ecreta r of the Interior's Standards for Rehabilitation. (4) Conditions: Conditions may be imposed pursuant to 2.4.4(C} and to insure compliance with the Standards contained in 4.5.1. (5) Findings: '"'- ' n ~~ °`' ~"": ' "'~~° Prior to a roval a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective r1-4 of the Land Use 1/lement of the Comprehensive Plan and specifically with provisions of Section 4.5.1 the Delra ~ Beach Historic Preservation Desi n Guidelines and the Secretarv of the Interior's Standards for Rehabilitation. Section 2. That Section 3.2.4, "Standards or Specific Areas or Purposes", Subsection 3.2.4(F.}, "Historic Districts and Sites", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereb}' amended to read as follows: Section 3.2.4 Standards for Specific Areas or Purposes: (E) Historic Districts ~~~~~~: 'I"hat the proposed development is consistent with the purpose and provisions of the Historic Preservation Overlay District pursuant to LDR Section 4.5.1, and the Delra Beach Historic PreserTation Desi n Guidelines and the Secretar ~ of the Interior's Standards for Rehabilitation. Section 3. That Section 4.L4, "Use of Lots of Record", of the Land Development Regulations of the Code of Ordinances of the Cit}' of Delray Beach, Florida, is hereby amended to read as follows: Section 4.1,4 Use o£ Lots o£ Record: Any lot, or parcel, which qualifies as a lot of record as set forth in these Regulations, but which does not comply with respect to minimum lot area and 5 ORD. NO. 38-D7 minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements of that zoning district, subject to the following limitations: {A} Duplex and multiple family structures may not be constructed on a lot which has an area less than that provided for as the minimum lot area within the zoning district. (E3) A residential structure shall not be constructed on any lot, within a residential zoning district, which has frontage of less than fift}= feet (50~. However, this provision shall not prevent construction of a residential structure on a Single Family Lot (or Parcel) of Record which conforms with all other aspects of minimum lot size requirements but which has no frontage. Further, such a Lot of Record with no suitable access may achieve private access for a single family residence and similar uses by means of a nonpublic {private) access easement. (C) Except for single family residences subject to the R-1-A (Single Family Residential} zoning district standards, if two (2) or more adjoining lots (or combination of lots and portions of lots) of record were under the same ownership as of October 18, 1994, and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district Ownership shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of October 18, 1994. Notwithstanding the above, a waiver to this requirement may be granted by the City Commission pursuant to the provisions of LDR Section 2.4.7(B). Notice of the request shall be provided pursuant to Section 2.4.2(B)(1){n) to the owners of all property located within five hundred feet (500'} of the perimeter of the property on which the waiver is being sought. The notice sha[l be mailed no later than ten {10) calendar days prior to the meeting before the Cit}' Commission. For properties located within designated historic districts, or designated as historic sites, or properties 3isted on the Local Register of Historic Places, the Historic Prescnation Board shall review the request prior to the City Commission meeting and shall forward its recommendation on the request to the Cit}- Commission. Notification of the request shall be as described above, except that the mailing of the notices shall c3ccur no later than ten (10} calendar days prior to the meeting before the Historic Preservation Board. (D) Within the R-1-A, RL and R.11iI zoning districts, lots of record having at least forty (40} feet of frontage may be used for Workforce Housing, as long as the workforce housing unit meets the typical designs represented by the sketches set forth in Section 4.7.12{a}, the lot is a minimum of 4,000 square feet and conforms to setbacl~s; provided, however, the minimum side setback may be reduced to a minimum five feet (5') if necessar}' to accommodate the designs set forth in Section 4.7.12(a) and meets other development standards in the zoning district. 'i'he Workforce Housing unit on a lot with frontage as herein ~ ORD. NO. 38-f17 described must include rear access via an alley, if available. The unit must also contain design features such as, but not limited to, front porches, eyebrows, outriggers, gables, dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes, undulating facades and other such appropriate architectural features. E Variances for lot size dimensions and fronta e and buildin setbacks and minimum floor area ma ~ be nranted for the relocation of a historic structure onto a lot in order to rotect the structure. If the relocation lot is not individuall ~ desi mated historic or located within a historic district then an individual historic desi oration shall be re wired in accordance with Section 4.5.1 C and shall be reviewed concurrently therewith in order for a variance to be ranted. All variance re uests for relocation of historic structures must be submitted to the Historic Preservation Board in accordance with Sections 45~) and for COnslderatl0n. Section 4. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection 4.3.3(Q), "Guest Cottage", of the Land Development Rcglilations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (Q) Guest Cottage: (1} Can only be used by members of the family occupying the principal dwelling, their nonpaying guests, or persons employed for service on the premises. (2) The guest cottage ~=_~~ shall not occupy more than 1 /20`x' of the lot area and in no case shall exceed a floor area of 700 square feet. (3} The structure shall be located to observe the setback requirements as imposed for the principal structure. 4 When located on individuall desi Hated historic ro erties or within desi Hated historic districts the structure shall not exceed the hei ht of the rinci al s trt~lcture. Section 5. That Section 4.4.17, "Residential Office (RO) District", Subsections 4.4.17(A), "Purpose and Intent" and 4.4.17(G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, hlorida, are hereby amended to read as follows: Section 4.4.17 Residential Office {RO) District: (A} Purpose and Intent: The Residential Office (RO) District provides for mixed use of a neighborhood office and residential nature. The RO District is appropriate as: (1) A transitional land use between a commercial or industrial area and a residential area. C)RD. NO. 38-07 (2) An incentive toning in older residential areas which are in the need of redevelopment or revitalization or are in a state of transition. (3) To accommodate professional offices which will meet needs of nearby neighborhoods. 4 /1n incentive zonin desi natinn for historic districts and or individuall ~ desi Hated historic ro ernes to rovide for the rehabilitation of residential structures into office use. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added pursuant to the following: (1) All uses shall he in completely enclosed buildings and any outdoor storage is expressl}' prohibited. (2) Parking required for business and professional offices shall be at the standard of one space per three hundred square feet of total floor area (] /300)'. However, this requirement may be reduced to 3 /400, or at least by one parking space, when there is a mix of residential and office use in the same structure or for an existin structure on a ro ert ~ located within a desi mated historic district or an individuall r desi Hated historic site. Section 6. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsections 4.4.24(D), "Conditional Uses and Structures Allowed" and 4.424(H}, "Special District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, arc hereby amended to read as follows: Section 4.4.24 Old School Square Historic Arts District (OSSHAD) (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: {1) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. (2} Adult Congregate Living Facilities, Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Da}' Care, Continuing Care, Convalescent Homes, and Nursing Homes. (3) Public Parking lots not associated with a use. (4) Residential-type inns, not to exceed more than eighteen (18) individually leased suites or rooms per acre. (5) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). ORD. NO. 38-07 {H) Special District Regulations: (1} The~ross floor area cif residential units within a structure containing permitted non-residential use(s) shall not ~e exceed n~ort-'~~ 50°,/0 of Che gross floor area of the entire structure within which they are located. (2) Residential uses shall comprise no less than 10% of the uses in the OSSHAD District as expressed by the exclusive use of individual parcels, other than condominium ownerships. The existence of an occupational license, except for one issued for a home occupation, shall establish that such a parcel is non-residential. (3) Residential-type inns shall create a transitional or buffer area between residential uses and non-residential uses (such as office, commercial, etc.) which are either on or near the subject property. (4) A residential-t<rpe inn shall be associated with an historic structure and must be residential in design, scale and character. {5) Catering services cannot exceed 2,000 sq. ft. of total floor area and shall not have overnight storage of more than t~vo vehicles, which shall not exceed 1- 1 /2 ton capacity. (b} 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3{V~~. (7) Duplex structures must have an integrated design to give the appearance of a single family dwelling. Section 7. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(B), "Criteria for Designation of Historic Sites or Districts", 4.5.1(E), "Development Standards", and 4.5.1 {L}, "Designation of Historic Districts" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as follows: Section 4.5.1 Historic Preservation Sites and Districts: (13) Criteria for Designation of Historic Sites or Districts: {1) To qualify as a historic site, e~historic district, historic structure or historic interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings, must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site~er historic district or historic structure, the property or properties must fulfill one or more of the criteria set forth in division {2} or (3) below; to qualify as a historic interior, the interior must fulfil] one or more of the criteria set forth in division (2) and meet the criteria set forth in ORD. NO. 38-U7 divisions (3) (b} and (3) {d). (2) A building, structure, site, interior, or district will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) Is associated in a significant way with the life or activities of a major person important in city, stare, or national history {for example, the homestead of a local founding family); (b} Is the site of a historic event with significant effect upon the city=, state, or nation; {c) Is associated in a significant wa}' with a major historic event, whether cultural, economic, social, militar}r, or political; (d) Exemplifies the historical, political, cultural, economic, or social trends of the communiri~ in history; or, (e) Is associated in a significant way with a past or continuing institution ~vhich has contributed substantially to the life of the city. (3) A building, structure, site, or district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria; except that to qualify as a historic interior, the interior must meet the criteria contained within divisions (3)(b) and {3)(d): {a) Portrays the environment in an era of history characterized by one or more distinctive architectural s t~~les; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; {c) Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; or (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality ar which represented, in its time, a significant innovation or adaptation to the Sc:>uth Florida environment. (4} ~~ building, structure, site, interior, or district will be deemed to have historic significance if, in addition to or in the place of the ~ ~~ oxn. No. 3s-o~ previously mentioned criteria, the building, structure, site, or zone meets historic development standards as defined by and listed in the regulations of and criteria For the National Register of Historic Places, as prepared by the United States Department of the Interior ii-e~ under the Historic Preservation r~ct of 1966, as amended. A copy of these standards for the National Register is made part of this section as if fully set forth herein. (E) Development Standards: All develo merit regardless of use within individual)}' designated historic _properties and/or propexries located within historic districts, whether contributin or noncontributin residential or nonresidential shall com 1 ~ with the ~oals~obiectives, and policies of the Com~reincnsive Plan these re~ulations_ the Delray Beach Historic ]'reservation Design Guidelines and the Secretar ~ of the Irsterior's Standards for Rehabilitation. (1) Exterior Architectural Features. For the purpose of this Section, exterior architectural features mill shall include, but not be limited to the following: (a} The architectural style, scale, general design, and general arrangement of the structure's exterior; (li) The type and texture of building material; and (c) The type and style of all roofs, windows, doors, and signs. 2 Ma~or and ilrlinor develo merit: For u oses of this section ma or and minor develo merit standards shall be a lied as noted in the foIlowin table: Review T e b Use and Zotvn District in Z Nrw '~tndificaoion of Contributing tructarts BAndification of N_nn-Conttihutine nacs St nn Distoct l7sc Construction Undct25% Ovct25% ruc Undci25% Ovcr25°/ ~hJtiFamilc .`)inor ~1linor \)inor Atinnr Jiinor CHD & Cr !ion Rcsidrntial ,Al inor ,Minor Ylinnr Minor .Ai inr~t R-1-A. R-i-AA. Sin do Famfl ~ Du ~le~ d~laiur ~~~9ina Alaior Mmo 17~ or - RO.OS54~AD. ~lulii-P'amik ,~ia~ , iin ~ ~t h9in<~r A7, or _Rl., & 6M, Aon-Residential :llama ~linnr ~1:(or \5inor ,~!t UreS: 1. AlS develo merit on individual] ~ desi roared ro erti sin all zoninU distri rs is Minor 2. r11] dcveSr~ merit on ro~erties in the 055E [AD district which arc su6'eet ro CBD re>ulations ursuant to Section 4.4.24 13 12 is ;t7inur. a F'or the u oses of this section "residential" includes sin le famil ~ du lexes and multifamil t in all historic districts and all development~re~ardless of use, in the Residential Office (ROl zoning district. 11 ORD. NO. 38-U7 (b1 Maj_or development shall be considered: 1. New construction in all historic districts except CBD and CF zoned ro erties and ro erties zoned C-SSHAD sub•ect to CBD dcsi n uidelines• or 2. The construction reconstruction or alteration of in eYCess of twentyfive percent X25%~ the existing floor area of the buildin and all a urtenances except for properties coned CBD or CF and properties zoned ()SSH.AD subject to CBD design ,guidelines For~urposes of this section all limitations and re lations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008: or, 3. The construction reconstruction or alteration of an art of the front fa ade of an existin contributin residential or non-residential structure and all nurtenances exce t for properties zoned CBD or CF and properties zoned OSSHAD subject to CBD des~~guidelines For purposes of _this section, all [imitations and r~ulations shall be reviewed in a cumulative manner from the date of assa c of this ordinance in 2008. c Minor develo ment shall be considered: 1. All new construction in all historic districts on roe zoned CBD and CF as well as all ro erties in the OSSHAD zoned district suh'ect to the CBD design guidelines,. or, 2. All modifications to exi 'n contributin and noncontributin structures in aIl historic districts on ro er zoned CBD and CF as well as all ro erties in the OSSHAD zonin district subject to the CBD Design. Guidelines: or, 3. The construction reconstruction or alteration of an art of the front fa acie of an existin noncontributin residential or non-residential structures and all at~purte_ trances; or, 12 ORD. N0.38-07 4. The construction reconstruction or alteration of less than t~ven ~-five ercent 25% of the e~istin r floor area of the buildin and all a urtenances. For ur oses of this section all limitations and re lations shall be reviewed in a cumulative manner from the date of assn e of this ordinance in 20{}g, 5. An ~ than es to Individuall Historicall r Desi nated properties whether already on site or newl~~ designated, to help facilitate the move of a historic structure into a historic district. -{~) (3} Buildin s Structures A urtenances and Parkin . ~e-f Buildin s structures a urtenances and arkin shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner tha€ will preserve the historical and architee~iral character of the building, structure, site, or district: ., .. n_~ f„\ [L A T]73T TDT7~'1~Y A T~T~yC7f A urtenances: A urtenances TEL includes, but ~ are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. 1. Fences and Walls: a. Chain-link fences shall be clad in a een or black vin ~i and shall onl be used in rear ands or where the ~ are not visible from the street. b. Swimmin ool fences shall be desi ed in a manner that inte~rate~_ the layout with the lot and structures without exlvbitin a utilitarian or stand-alone appearance. c. Fences and walls over four feet 4' shall not be allowed in front or side street setbacks. d. All other provisions in Section 4.6.5 shall abply. 2. Gara es and Ca orts: a. The followin tom atibiii ~ standards shall apply for rna~or development, where 3 3 OAD.1~0. 38-07 applicable: i. Gara es and car orts are cncoura ed to be oriented and entered from the side or rear and out of view from the ublic ri ht of wav. However if this is not ossible the orientation of Sara es and carports shall be atnsistent with the mn~orit~ of such structures within the district. ii Garage doors should be desi~ncd to be com atible with the architectural s le of the ~rinci~al structure and include individual openings for vehicles rather than two car expanses of doors. Metal two car~ara,~;e doors are discoura lbl Parking: 1. Where feasible alternative methods of meetin minimum ~arkin~ standards contained in Sections 4.6.9 C 8 and or 4.6.9E as a licable shall be ex bred to avoid excessive use of historic ro ernes and or ro ernes located in historic districts far ~arkin~ Parlun~ lots shall strive to contribute to he historic nature of the ro ernes districts in which the axe located h ~ use of creative deli n and landsca e elements to buffer arkin areas from historic structures. At a minimum the followin o Lions shall be considered: a. Locate parkin ad'acent to the buildin or In the rear. b. Screen arkin that can be viewed from the ublic ri ht-of-wa ~ with fencin landsca in or a combination of the two ursuant to Section 4.6.5. c. Utilize existin alle s to rovide vehicular access to sites. d. Construct new curb cuts and street side drivewa Ts onl in areas where the are a ro riate or existed historicail . 74 ORD. NO. 38-07 e. Use appropriate materials for driveway's. such as concrete Poured in ribbons. f. Avoid wide drivewa ~s and circular drives. 2. Waivers ma,~ be granted b~~ the Historic Preservation Board for relief from the number of arkin s aces re wired in Section 4.6.9 u on resentation of confirmation that ode wale arkin fora ro osed use ma ~ be achieved by alternate means which are found to be in keeping wit~.,h Che provisions and intent of the Delta ~ Beach Historic Preservation Desi n Guidelines. {~} ~ Alterations. In considering proposals far alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. f4}.(~ Standards and Guidelines. A historic site building, structure, site; improvement, or appurtenance within a historic district shall o-~- be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation and the Delray Beach Historic Preservation Desi n Guidelines, as amended from time to time. {~} ~ Relocation. Relocation of historic buildngs and structures to other sites shall not take place unless it is shown that their preservation on their existing or original sites is not consistent with the purposes of this Section or would cause undue economic hardship to the property owner. {fir} ~7 Demolition. Demolition of historic ~tte~ or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts mill shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.10. Demolition of an tructure whether contributing nr non- contributin shall not occur until a buildin 7 ermit has been issued for the HPB a roved redevelo meat. All structures a roved for demolition and awaitin issuance of a buildin ermit for the redevelo ment shall be maintained in a manner similar to that in which it existed at time of a lication unless the Chief Buildin Official determines that an unsafe buildin condition exists in accordance with Section 4.5.1 G . a 15 ORD. NO. 38-07 ,, > ~ n -~ sip (8) Visual Com atibili Standards. New construction and all t'~11 improvements to both contributin and noncontributin buildings, structures and appurtenances thereto within a designated historic district ar on an individual desi~n,_..__~ted pro~ert~shal] be visaally compatible. In addition to the Znnin > District Re lations the Historic Preservation Board shall a lv the visual com atibili standards rovided for in this Secti n with re >ard to hei ht width mass scale fa ade o enin rs rhythm material color texture roaf sha e direction lot coves e and sc uare foota e and other criteria set forth elsewhere in Section 4.5.1. ~jisual com atihilit ~ for minor and ma'or develo ment as referenced in Section 4.5.1 2 shall be determined b ~ utilizin criteria contained in a - m below. Visual com atibili for aIl develo ment on individuall ~ desi nated ro erties outside the district shaIl be determined by com arison to other structures within the site. dal r r. r ii_....~..~ .. - - - ~ ~,u. (a) Height: The height of proposed buildings of modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for alE ma~nr and minor develo meat. F'or ma~or develo ment visual com atibili ~ with res ect to the hei ht of residential structures as defined b ~ 4.5.1 .. 2 a shall also be determined through application of the .following: 1. Buildin Hei ht Plane BHP :The buiidin hei ht lane techni tie sets back the overall hei ht of a buildin from the front ro ert ~ line. a. The building height rflane line is extended at an inclined an le from the intersection of the franc ard ro er ~ line and the avera e rade of the ad'acent street alon the lot fronta e. The inclined an le shall be established at a two to one~2_1) ratio. See illustration below. ~ ~ ORD. NO. 38-07 ~.~.~.~.~.~..1 ,;,~ .. . r~~-~~~ b. A structure relocated to a historic district or to an individually dest~nated historic site shall be exem t from this re uirement. 2. First Floor Maximum Hei ht: a. Single-store or first floor limits shall be established b ~: i Hecht from finished floor elevation to toy of beam (tie or bonaLshall not exceed fourteen feet (14'x_ ii. Mean Roof Hei ht shall not exceed ei>~hte~n feet ~18'~. iii. An ~ onion exceedin the dimensions described in i. and ii above shall be considered multi-sto ~ structures. iv. See illustration below: 17 i2 RpOF A1TC&i MAY uAl2Y ,,r__.._~.~_.,..,..__ __~_~... ....--MEAN [3DOF i-IT. i ~~ 7C7P t3F ~iF.,4M ~ d i» ~ ~ ~ ~ RIF7,F]~0.38-07 v. Sections i. and ii. above ma ~ he waived b ~ the Historic Preservation Board when a ro riate based on the architectural s ale of the buildintr. 3. U er Sto Hei ht: a. Hecht from finished floor elevation to finished floor elevation or to of beam tie or bond~shail not exceed twelve feet 12 ;Z (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other e existin structures and buildings within a the subject historic district. c) Proportion of Openings (Windows and boors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by ire prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings ---~`'-=° °'~~ ~'""""` shall be visually compatible within the subject historic district. (d} Rhythm of Solids to Voids; ~-~~` ~^""''°°: The relationship of solids to voids ~- `'- ~ r ~~' r ~~~° of a building or structure mill shall be visually compatible with `~- ~ ` ~"` `~ "° ~' ~s of existin historic buildings or structures within the sub~ect historic district for all development with particular attention aid to the front facades. (e) Rhythm of Buildings on Streets: 'The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existin historic sfte~ buildings; or structures within a the subject historic district. (t] Rhythrx~ of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with tyre pre~alet}t existin architectural styles of entrances and porch t g ORI7. NU. 38-~7 projections on existin historic s~e~buildings; and structures within a the sub~ect historic district for all develo ment. (~ Relationship of Materials, Texture, and Color: 'T'he relationship of materials, texture, and color of the facade of a building and or hardsca in sha11 be visually compatible with the predominant materials used in the historic-~e~ buildings; and stn~ctures within $ the subject historic district. (h} Roof Shapes: The roof shape includin ~ e and slo e of a building or structure shaIl be visually compatible with the roof shape of existin a-historic•~ buildings, or structures within the subject historic district. The roof sha e shall be consistent with the architectural style of the building. () Walls of Continuity: ~ wWa[ls, ~~ fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to iensure visual compatibility with a€ ~~-historic buildings; or structures~r~~ within the sub~ect historic district and the structure to which it is visuallv related. (j) Scale of a Building The size of a building; and the building mass in relation to open spaces, windows, door openings, balconies,- porches ands lot siie shall be visualh= compatible with the building size and leg mass of historic ; buildings; and structures within a historic district for all develo ment. To determine whether the scale of a buildin is a ro riate the followin shall a 1= for ma~or develo ment onl.~'; 1. For buildings wider than sixthpercent 60%~ of the lot width a ortion of the front fa ade must be setback a minimum of seven 7 additional feet from the front setback line: a. Lots six ~-five 65 feet or less in width are exem t from this re uircment. b. To calculate how much of the buildin width must com~l~T with this~rovision. multi~l~e lot width b 40% and subtract the re aired minimum side setbacks exam le: 100' lot 1 ~ ORD. NO. 38-d7 width x 40°/~ = 4f}' - 15' side ~ard setbacks = 25 . c An~art or~arts of_the front fade may be used to meet this re uirement. d. See illustration below: rrwr rr nor 7 '7 ' Z aB ~6 72$.. e. If the entire building is set back an additional seven 7 feet no offset is re aired. 2. For buildin dee er than fif ercent 50% of the lot de th a onion of each side fa ade which is eater than one store high must be setback a minimum of five 5 additional feet from the side setback line: a. To calculate how much of the buildin de th must com 1 with this rovision multi 1 the lot depth b~fift~percent 50%Land subtract the required minimum front and rear setbacks (example• 120' lot depth x 50% = 60' - 25' front Tard setback - 10' rear setback = 25 . b. An art or arts of the side fa ides ma be used to meet this requirement. c. See illustration below: 20 ORD. NO. 38-(}7 r,~ T9 L0T i~ m ~ ~_ ~ s ~, E ~ ~ 1 ., T e SP T' T T d. If the entire buildin is set back an additional five {5 feet from the side, _no offsets are re wired on that side. 3. Porches ma~~ be placed in the offset portion of the Front or side fa ades rovided the are com letel o en e~ce t for su ortin columns and or railin s. {k) Directional Expression of Front Elevation: A building shall he visually compatible with the buildings, structures, and sites its within a historic district for all develo meat with re and to its directional character, whether vertical; or horizontal ~tiet~al. Architectural S le: All ma~or and minor develo rr~ent shall consist of only one (11 architectural st,~~er structure or ro ert ~ and not introduce elements definitive of another st le. m Additions to Individual) Desi ated Pro erties and to Conttibutin Structures in all Historic Districts. Visual com atibilit -shall be accom lished as follows: 1. Additions shall be located to the rear or least ublic side of a buildin and be as incons icuous as ossible. 2. Additions or accesso structures shall not be located in front of the established front wall lane of a lvstoric buildin. 3. Characteristic features of the on 'nal buildin shall not 21 ORD. NO. 38-U7 be destrol=ed or obscured. 4. Additions steal! be designed and constructed so that the basic form and character of the historic buildin will remain intact if the additinn is ever removed. 5 Additions shall not introduce a_ new architectural style mimic too closcl~the std-1e of the existing building nor replicate the original design, but shall be Inherent in desi with the existing buildin . 6. Additions shall he seconda ~ and subordinate to the main mass of the historic building and shall not overwhelm the on 'nal buildin . ~: .3: 9 Visual Com atibili )(ncentives. In order to rovide desi flexibili ~ for residential structures as defined b ~ I DR Section 4.5.1 F 2 a that otherwise sati5f~~ the Visual Com~atihilit}~ 5tandards outJine~ in Section 4.5.1{E)CH~ incentives for development shall include the following: a Open Air Spaces: The ratio of the BuildingHeight Plane HP can increase from two to one 2:1 to two to one and a half 2:1.5 for o en air s aces limited to: first or second floor front orches se aration must be rovided between floors first ar second floor side orches se aration must be rovided between floors balconies and overlooks with o en railin s see illustration below ~ and b. Front Elevation: U to twent five ercent 25°/u of the front elevations can extend above the Buildin Het ht Plane HP 22 (ORD. NO. 38-07 t3U3_~': '.G Fi ~::I('iH 1'PEAfiI NURTt~(8 --EVAT;C9N to a maximum hei ht of thirt five feet 35 rovided twen five ercent 25°/v or more of the front elevations remains one 1 sto as defined bar LDR Section 4.5.1 ~. 8 a 2 . 7"he total width of extension shall not exceed ci 7hteen feet 18 clan r the front elevations . See illustration below. l ---- ~s r~ax. 7 n t. ~ " ~ 7T ' RAp f - . .+...~ ~ ~ Rw '1~ .,. ~b o ~ , ~ r~ . r'~T .~: L~~ ' irv',..G ,~.~' 1''i t 5103E V1E1N 1F r.. ne ,tart - ._,..__....._ ....................`- saa.a~s awa.z YtA+N 35' k7AX. ^^^-.. W it ~~rc b T nee Y. '~,.' AI E.OYtt~I'1 a8£?VE BHP. ' . 4 F.aA% NflT TO fXCCFO 35 , M ` "< k .u.. : , ?5"5 Ofi S1pRE OF FRONT . FACe10E~5~ FhVST R8"ARtA ERE7N~" V1E1N (L) Designation of Historic Districts: The following Historic Districts are hereby affirmed or established: {1) ~F-NASSAIT STREET which consists of Lots 2-19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; I ots 1-12 of Wheatley Subdivision, as recorded in Plat Book 16, pale 98 of Palm Beach County, Florida; and Block F,, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 cif Palm Beach County, Florida. {Original designation by Ordinance 97-87 adopted on January 12, 1988) (2) MARINA ~T which consists of Block 125, excluding the south 350' of the north 4$8.6' of the west 100' of Block 125; along with that part of Block 133 lying west of the Intracoastal Waterway, together with the east half of Block 118, along with all of Block 126, together with that portion of Block 134 lying west of the Intracoastal Waterway, along with east half of Block 119, together with all of Block 127, along with the east half of Block 120, and all of Block 12$, all within the Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records (Original designation by Ordinance 156-$$ adopted o^ December 20, 1988) 23 ORD. 1~I0. 38-07 (3) DEL-XDA PARK which consists of Blocks 1 through 13, inclusive, along with '1"racts A, B, and CDEL-IDA PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach Count}~, Florida recorded in Plat Book 9 at Pale 62 .(Original designation bj~ Ordinance 9-8$ adopted on 1~larch 22, 1988) (4) OLD SCHOOL SQUARE which consists of the south one-half of Block 57 and Blocks 58-62, Blocks 65-70, the west half of Blocks 74 and 75, and Lots 1-6 of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records. (Original designation by Ordinance 1-88 adopted on February 9, 1988). {5) ~ WEST SETTLERS is bounded on the north b}' Martin Luther Kintr, ~jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 3 st Street and the east-west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley in Block 43; the cast-west alley in Block 36 and Block 2$ and the south property line of Lot 13, Block 20. The western boundary is the north-south al]ey and the eastern one-half (1/2) of the block south of the alley of Block 19; the north-south alley in the north half of Block 20. Section 8. That Appendix "A", "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows: CONTRIBUTING ~; rr I-N<<' e r crz >`~C~*~T 1mr~ rr rz1~ STRUCTURE {Also referred to as a Historic Struc_turel: A structure which adds to the historical architectural dualities, historic associations, or archaeological values for which a district is si nificant because it was resent Burin the eriod of si nificance of the district possesses historic integrity reflectinir its character at that time, is capable of y=ieldin~, important information about the period, or independent)}~ meets the National Register of Histori_c_Places criteria for evaluation. > ~> . , HARDSCAPE -Consists of the inanimate elements of landscaping, especially_mas~nry= or wood work such as concrete or brick patios and pool decks, rile paths and wooden decks. HIS'I"C.)RIC SITE Also referred to as Individually Designated Site/Prnpert~: Any site, building, structure, feature, or improvement which has been designated as a historic site and which may he located outside of a designated historic district. HIS'i"ORIC SITE SURVEY: A comprehensive survey 24 ORD. NO. 38-07 d designed to identif}', research, and document building sites, and structures of any historic, cultural, architectural, or landmark importance in the city. '-- r-x~d ,which may lie compiled in cooperation with state and local public ~md non-profit historic presen~ation organizations NON-CONTRIBUTING ~G STRUCTURE Also referred to as aNon-historic Structure): A structure which does not add t~ the historic architectural dualities, historic associations, or archaeological values for which a district is si~mificant because it was_ not present during the period of significance of the district, due to alterations, disturbances, additions or other chan es it no loner ossesses historic inte~ritt- reflectin its character at that time or is incapable of yEClding important information about the period, or it does not independently meet the National Register of Historic Places criteria for evaluation, ~rr~ ., .. n , Section 9, 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 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 11. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of , 200$. MAYOR ATTEST: City Clerk First Reading Second Reading 25 ORD. NO. 3&-U7 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald R. Hoggard, Jr., AICP, Principal Planner Foul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: January 9, 2008 SUBJECT: AGENDA ITEM 10.A - REGULAR COMMIS__SIONrMEETING OF JANUARY 15,.2008 OKDINANCE N0.38-07 (FIRST READINGIFIRST PUBLIC HEARING) ITEM BEFORE COMMISSION Consideration of City-initiated amendments to the Land Development Regulations which intend to clarify the current regulations, provide parameters, and define compatible development within the City's five {5) historic districts and individually designated properties. BACKGROUND The primary purpose of the amendments is to clarify khe intent of the existing regulations and guidelines, while objectively evaluating the compatibility of proposed new development with bath historic and non-historic development. The objective criteria will help both the public and the Historic Preservation Board to determine what will be considered compatible development. The City Commission reviewed the proposed Ordinance on January 3, 2007 at first reading and continued the item with direction that the visual compatibility standards dealing with lot coverage and number of stories be eliminated. This has been completed and the revised Ordinance is now back before the Commission for first reading. In summary, the proposed amendments include "regulatory tools" to more clearly define what will be considered visually compatible development within the five historic districts and on individually designated sites. Visual compatibility will be determined by utilizing the specified "Visual Compatibility Standards" as contained in LDR Section 4.5.1(E)(8)(a-m). These standards include new "tools" which deal with compatibility. Standards designed to provide compatibility with respect to scale of all major development require offsets in the front facades for larger buildings. This reduces the impact of the structure on the historic streetscape and adjacent properties. Additional standards for residential uses (single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential Office (RO) zoning district), which are classifed as "Major Development", include a "Building Height Plane" calculation to provide a way of setting back the second story wall plane from the foremost wall plane on the first story, which will provide impact relief along the streetscape and required offsets in the side facades have been added for larger buildings with two or more stories. A "First Floor Maximum Height" has been added which determines that the height from finished floor elevation to the top of the beam shall not exceed fourteen feet (14'), while the mean roof height shall not exceed eighteen feet (18'). Residential structures with heights exceeding these limitations will be considered and reviewed as multi-story. Two "Visual Compatibility Incentives" are also proposed for all residential development applications which require compliance with the visual compatibility standards. First, the "Building Height Plane" ratio, which is specified as 2;1 within the "Visual Compatibility Standards," may be increased to 2:1.5 if open air spaces (porches, balconies, overlooks with open railings) are provided on the first or second floors, with a separation provided between floors on the front and/nr sides. Second, up to 25% of the front elevation may extend into the "Building Height Plane (BHP)" provided that at least 25% of the front elevation remains one-story. The width of the portion extended into the "BHP" may not exceed a width of eighteen feet (18'}. Additional proposed LDR revisions provide clarification that in addition to the zoning district regulations, the Historic Preservation Board may apply other standards to achieve visual compatibility within the City's historic districts. A new "Visual Compatibility Standard," titled "Architectural Styles," has also been added, which requires all development proposals to be consistent with one architectural style and not introduce various elements from different styles within one development. Finally, the language within the existing Delray Beach Historic Preservation Design Guidelines, which provides guidance towards the appropriate design of additions, has been added as a "Visual Compatibility Standard." A complete summary of the changes is included in the attached Planning and Zoning Staff report. REVIEW BY OTHERS • The Downtown Development Authority (DDA) reviewed the amendments at its December 10, 2007 meeting and unanimously recommended approval. • The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at its December 12, 2007 mee#ing and unanimously recommended approval. • The Community Redevelopment Agency (CRA) reviewed the amendments at its December 13, 2007 meeting and unanimously recommended approval. • The PIanning and Zoning Board considered the amendments at its December 3, 2007 meeting, and continued the item. On December 17, 2007, the Board unanimously recommended approval (5 to 0) of Ordinance 38-07, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. • The Historic Preservation Board (HPB) considered the amendments at its December 6, 2007 meeting, and continued the item. The Board recommended approval of the Ordinance by a 4 to 1 vote on December 19, 2007. Since both the Planning and Zoning Board and the Historic Preservation Board originally continued the item, staff was able to present the proposed ordinance at their meetings highlighting the initial differences supported by the two Boards. After discussion of these differences at the meetings, both Boards recommended approval of the current ordinance as presented to the City Commission, with one exception dealing with garages and carports. Section 4.5.1(E)(3)(a)(2)(i), located on page 14 of the ordinance, originally read as follows: i. The orientation of garages and carports shall be consistent with the majority of such structures within the district. Garages and carports are encouraged to be oriented and entered from the side or rear and out of view from the public right of way. The Planning and Zoning Board felt that there could be a direct conflict between the first and second sentences and recommended elimination of the first sentence. The Historic Preservation Board wanted to retain the first sentence, but also recognized the potential conflict. To address this issue, it was decided at the meeting to reword the section as follows: i. Garages and carports are encouraged to be oriented and entered from the side or rear and out of view from the public right of way. However, if this is not possible, the orientation of garages and carports shall be consistent with the majority of such structures within the district. This language, which was supported by the Historic Preservation Board, addresses concerns over conflicts expressed by the Planning and Zoning Board. RECOMMENDATION By motion, approve on first reading Ordinance No. 38-07 far City-initiated amendments to the Land Development Regulations which intend to clarify the current regulations, provide parameters, and defne compatible development within the City's five (5) historic districts and individually designated properties, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: DECEMBER 17, 2007 AGENDA NO: IV. A. ITEM: CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS WHICH INTEND TO CLARIFY THE CURRENT REGULATIONS, PROVIDE PARAMETERS, AND DEFfNE COMPATIBLE DEVELOPMENT WITHIN THE HISTORIC DISTRICTS. THE AMENDMENTS INTEND TO PROVIDEE AN OBJECTIVE WAY OF PROVIDING COMPATIBLE NEW DEVELOPMENT WITHIN THE CITY'S FIVE (5) HISTORIC DISTRICTS. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding City- initiated amendments to the LDRs relating to the City's five (5) historic districts and individually designated properties. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND AND DESCRIPTION Given concerns over the level and type of development affecting historic preserva#ion efforts within all five (5} of the City's historic districts, the City Commission, on April 18, 200fi, implemented asix- month moratorium. During the moratorium, Staff worked with consultants (REG Architects and Urban Design Studio) in conducting a series of public meetings with the property owners of the Historic Districts. As a result, the consultant prepared a revised set of Delray Beach Historic Preservation Design Guidelines, a Design Guidelines supplement, and made LDR amendment recommendations. The LDR amendments were drafted and presented as Historic Preservation Design Guidelines. The Planning and Zoning Board reviewed these guidelines at their meeting of November 20, 2006, where a recommendation of approval was made to the City Commission. Additional revisions were made prior to consideration by the City Commission and the Board re-reviewed the Ordinance at its February 26, 2007 meeting. A motion to approve the amendments failed by a vote of 0-6. The City Commission considered the proposed LDR amendments on March 20, 2007, and a motion to approve was denied on a 3-1 vote. At that time, the City Commission made specific suggestions to Staff which included review of the proposed amendments through a charrette process between Staff and local design professionals. The charrette was held in May, 2007 when approximately ten (10) local design professionals participated in a design exercise to apply the proposed guidelines to specific properties located within the historic districts. This process included a discussion of haw the Ordinance could be improved. A follow-up meeting between Staff and the charre#te participants was held on August 7, 2007 at which time Staff presented the modified Ordinance incorporating some of the suggested changes. The guidelines included a combination of Staff recommendations in consultation with REG and Urban Design Studio, and suggestions made by City Commission and the design professionals. These changes were considered by the Historic Preservation Board on August 15, 2007 and a recommendation of approval was made on a vote of 4-1. The Planning and Zoning Board considered Planning and Zoning Board Memorandum Staff Report, Qecember 17, 2007 Meeting Amendment to LbRs: Historic District Regulations Page 2 the LDR amendments at its August 20, 2007 meeting and recommended denial on a unanimous 7-0 vote. The Board had extensive discussion centered an the requirements for new development to be analyzed based on compatibility with immediately adjacent structures (i.e. survey area}. Significant opposition to this requirement was expressed by members of the public and members of the Planning and Zoning Board. The main objections appeared to focus on three key concerns: a perception that the requirement will be labor intensive for applicants and their design professionals; that it has the potential to impose different development thresholds on similar lots within a district; and lastly, that it would not address the unique characteristics of individual districts (i.e. same requirements for all districts.) Ta address the issues with the survey area, Staff undertook a complete analysis of each and every lot within all five districts. From this information, we were able to determine average number of stories, average building lot coverage and the average floor area ratio of each district. From these numbers, it is possible to generate the averages per district which can then be utilized in lieu of individual survey area figures. This methodology addresses all three concerns relating to the use of survey areas, in that all additional work would be completed by Staff; the compatibility thresholds would be the same throughout each district {i.e. based on district averages); and the thresholds would be different between districts, based on individual district averages. Staff also did a comprehensive review of the entire Ordinance in an attempt to make it more understandable. It is also noted that the amendments dealing with demolitions in the historic districts were moved into a new Ordinance which is being considered separately. A City Commission workshop was held on October 4, 2007 to discuss the status of the amendments and Staff's approach to addressing the concerns of the Planning and Zoning Board and the local design professionals. Workshops were then held with both the Planning & Zoning Board and the Historic Preservation Board in November, at which time Staff made presentations to discuss how the Ordinance was being modified and to solicit input from the Boards. Same Board suggestions have been incorporated into the revised Ordinance. A Planning and Zoning Board Special Meeting was held an December 3, 2007 to discuss the proposed amendments in detail. The Board's recommended changes have been incorporated into the revised Ordinance and are highlighted in yellow. The Historic Preservation Board (HPB) reviewed the amendments on December 6, 2007 and also considered the recommendations made by the Planning and Zoning Board on December 3, 2007. While the Historic Preservation Board disagreed with several of the changes, they did agree with most of the P&Z Board's recommendations. The revised Ordinance contains notations depicting the differences between the two Boards. LDR TEXT AMENDMENT RNALYSIS The primary purpose of the amendments is to clarify the intent of the existing regulations and guidelines, while objectively evaluating the compatibility of proposed new development with both historic and non-historic development. The objective criteria will help both the public and the Historic Preservation Board to determine what will be considered compatible development. 1n order to differentiate between types of development proposals and which regulations apply to each, two categories have been created - "Major" and "Minor." The type of development in each category is shown in the following table: Review T e b Use and ~Dnin District M°dtrcatinn of Nnn-Contribmine Znnine IVew MndiBcatinn of Cantrihutin Structures Use C i Struc tures District onstruct on Undcr 25% Over 25 % Undcr 25% Over 25°Po CBD CF Alulti-Famil A7inor Minor 'r7inur Elinor Alinur & tom Rcs9dcnti,l hlin<>r Minur Minur .1linnr Aiinnr RR-1-A-A R-1~AA Sin sic h'nmilr I)u Ics ii:(ur A7~n~ ,1i~i~~r J7inor ~A1;(ur RO.OSSHAD, ,Multi-Family ~i~tlor i7'~oo_ A3~Ftr lginur .11~~Iluf RL. & [t;N, Vun-Rcsidcnhal ~\1a coy Atinur i\Li ur ~lfnor Ji ~c r Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Page 3 !n summary, the proposed amendments include "regulatory tools" to help more clearly define what will be considered visually compatible development within the five historic districts and on individually designated sites. Visual compatibility will be determined by utilizing the specified "Visual Compatibility Standards" as contained in LDR Section 4.5.1(E){8)(a-o}. These standards include new "tools" which deal with compatibility. Standards designed to provide compatibility with respect to scale of all major development require offsets in the front and side facades for larger buildings. This reduces the impact of the structure on the historic streetscape and adjacent properties. The standards also address Lot Coverage, based on the average of each district. Maximums for each district are proposed and some additional flexibility and incentives are recommended to encourage additions versus demolitions on Historic structures, retention of one story structures, and to accommodate additional development potential for lots an the Intracoastal Waterway in the Marina District. Additional standards for residential uses (single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential Office {RO) zoning district), which are classified as "Major Development", include a "Building Height Plane" calculation to provide a way of setting back the second story wall plane from the foremost wall plane an the first story, which will provide impact relief along the streetscape. A "First Floor Maximum Height" has been added which determines that the height from finished floor elevation to the top of the beam shall not exceed fourteen feet {14'}, while the mean roof height shall not exceed eighteen feet {18'}. Residential structures with heights exceeding these limitations will be considered and reviewed as multi-story. Two "Visual Compatibility Incentives" are also proposed for all residential development applications which comply with the visual compatibility standards. First, the "Building Height Plane" ratio, which is specified as 2:1 within the "Visual Compatibility Standards," may be increased to 2:1.5 if open air spaces (porches, balconies, overlooks with open railings) are provided on the first or second floors, with a separation provided between floors on the front and/or sides. Second, up to 25% of the front elevation may extend into fhe "Building Height Plane (BHP}" provided that at least 25% of the front elevation remains one-story. The width of the portion extended into the "BHP" may not exceed a width of eigh#een feet {18'). Additional proposed LDR revisions provide clarification that the Historic Preservation Board has the authority to apply more or less restrictive standards than the maximums identified in the base zoning district regulations, in order to achieve visua[ compatibility within the City's historic districts. A new "Visual Compatibility Standard," titled "Architectural Styles," has also been added, which requires all development proposals to be consistent with one architectural style and not introduce various elements from different styles within one development. Finally, the language within the Delray Beach Historic Preservation Design Guidelines, which provides guidance towards the appropriate design of additions, has been added as a "Visual Compatibility Standard." The following is a list of the major amendments to the LDRs as they relate to review of development proposals located within the City's five (5) historic districts and individually designated properties. Where applicable, references have been included for comparison to the prior Ordinance. 1. LDR Section 2.4.6 Procedures for Qbtaining Permits -Clarified specific project types that require a Certificate of Appropriateness {COA} and included submittal requirements and approval procedures for applications. 2. LDR Section 3.2.4(E) Standards for Specific Areas or Purposes -Clarified that a proposed development be consistent with specified review criteria. 3. LDR Section 4.1.4 Use of Lots of Record -Added language to grant a variance for trots of record when the lot size, dimensions and setbacks do not comply with the minimum requirements of that zoning district in order to accommodate the relocation of a historic Planning and Zoning Board Memorandum Staff Report, December t7, 2007 Meeting Amendment to LDRs: Historic District Regulations Page 4 structure, and require that significant structures moved outside of a historic district are individually designated. 4. LDR Section 4.3.3(Q) Guest Cottage -Added language that a guest cottage shall not exceed the height of the principal structure. 5. LDR Section 4.4.17 Residential Office (RO} District -Added language to the purpose and intent that the RO district is an incentive designation to provide for the rehabilitation and reuse of historic structures; and added that the parking requirement for offices may be reduced to 1 space1400 square feet when a structure exists on the property and is located within a designated historic district or an individually designated historic site. 6. LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD) -Clarified that parking lots, not associated with a use, allowed by conditional use approval, must be public parking lots; and clarified that the gross floor area of residential units in a mixed-use building, shall not exceed 50% of the gross floor area of the structure. 7. LDR Section 4.5.1(E)(2) Major and Minor Development -Added language to classify development as either Major or Minor and included a table for additional clarification. (The prior Ordinance used confusing descriptions of Type A and Type B development.) 8. LDR Section 4.5.1(E)(3) Buildings, Structures, Appurtenances, and Parking -Clarified application of standards to specified buildings, structures, appurtenances, and parking; added language to regulate chain fink fences, swimming pool fences, and fence height; added language regulating design of garages and carports with respect to frontage and orientation; added language to regulate parking with respect to screening, and design with additional options to consider, and granting of a waiver request to parking pursuant to specified criteria. 9. LDR Section 4.5.1(E)($} Visual Compatibility Standards -Clarified application of this section in its entirety with respect to Major and Minor Development proposals. 10. LDR Section 4.5.1(E)(8)(a} Height -Clarified determination of height compatibility; added language related to the height of residentia! uses which are classified as Major Development, including establishing a Building Height Plane (BHP}; set a first floor maximum mean roof height of 1$' and a maximum upper story height of 14' from finished floor to finished floor per story. (Removed requirement for an additional 5' setback for upper stories included in prior Ordinance.) 11. LDR Section 4.5.1(E)(80)(b-f} - Clarified compatibility determination of front facade proportion, proportion of openings (windows and doors}, rhythm of solids to voids, rhythm of buildings on streets and rhythm of entrance andlor porch projections with respect to the subject historic district. (Removed references fo Type A and Type B developmenf and the use of the survey area included in the prior Ordinance.) 12. LDR Section 4.5.1(E)(8)(g) Relationship of Materials, Texture, and Color -Clarified determination of compatibility pursuant to type of development proposal; added language regarding hardscape. (Removed references fo Type A and Type B developmenf and the use of the survey area included in the prior Ordinance. Also removed language dealing with a list of materials for exterior finishes included in prior Ordinance.) 13. LDR Section 4.5.1(E)(8)(h} Roof Shapes -Added language to determine roof shape compatibility and requirement that roof shape be consist with the architectural style of the building. (Removed references to Type A and Type B development and the use of the survey area included in the prior Ordinance. Also removed requirement that roofs be oriented so as to be consistent with the surrounding area included in prior Ordinance.) Planning and Zoning Soard Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Paae 5 14. LDR Section 4.5.1(E}(8}(i} Walls of Continuity -Clarified existing language to determine compatibility. 15. LDR Section 4.5.1(E)(8)(j) Scale of a Building -Clarified determination of compatibility pursuant to type of development proposal; added requirements for offsets in the front and side facades. (Removed references to Type A and Type B development and the use of the survey area included in the prior Ordinance. Also eliminated "Angle of Vision" standard included in prior Ordinance.) 16. LDR 5ect'son 4.5.1(E)(8)(k) Directional Expression a# Front Elevation - Clarified determination of compatibility. 17. LDR Section 4.5.1(E)(8)(I) Architectural Style -Added new section requiring that all development proposals be consistent with one architectural style and not introduce various elements from different styles into one development. 18. LDR Section 4.5.1(E}(8)(m) Lot Coverage -Added lot coverage requirements related to averages in each historic district. Maximums for each district are proposed at 5% aver the average and some additional flexibility and incentives are recommended to encourage additions versus demolitions of Historic structures, retention of one story structures, and to accommodate additional development potential for lots on the Intracoastal Waterway in the Marina District. (Removed references fo Type A and Type B development and the use of fhe survey area included in the prior Ordinance.) 19. LDR Section 4.5.1(E}(8)(n) Number of Stories - Added a calculation method for determining the number of stories and set the maximum number of stories allowed based on 0.5 stories over district averages. 20. LDR Section 4.5.1(E}(8)(0} Additions to Individually Designated Properties and to Existing Contributing Structures in all Historic Districts -Incorporated existing language from the Delray Beach Historic Preservation Design Guidelines regulating visual compatibility for additions. (Removed requirement that this section also apply to noncontributing structures, included in prior Ordinance.) 21. LDR Section 4.5.1(E)(9} Visual Compatibility Incentives -Former subsection 9 which states that the Visual Compatibility Standards will be further discussed in the "Delray Beach Preservation and Conservation Manual" and notes purpose of said "manual", has been completely removed. The new language for this subsection provides design flexibility and incentives for residential development such as "Open Air Spaces" which would increase the "Building Height Plane" ratio for open air spaces, and "Square Footage" which allows a portion of the structure to extend into the BHP, provided that a percentage of the front elevation remains one-story. 22. LDR Section 4.5.1 (L) Designation of Historic Districts -Unified Historic District titles. 23. Appendix "A" "Definitions" -Added definition for "hardscape" and amended definitions for "Contributing Building Also Non-contributing Building Structure", "Historic Site", "Historic Site Survey", and "Non-Contributing Building". Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Page fi REQUIRED FINDINGS LDR Section 2.4.5 M 5 Findin s : Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adapted Comprehensive Plan was conducted and the following applicable Goals, Objectives and Policies were noted: FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-4 The redevelopment of farad and buildings sha11 provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Polic A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Future Land Use Policy A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions far designation of historically significant buildings, structures, archaeological sites, ar districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. ANALYSIS The Future Land Use Element of the City's Comprehensive Plan calls for the enhancement of the existing quality of life which is evident in the proposed amendments to protect the city's designated historic areas from incompatible development. The subject Element also mandates that redevelopment shall provide for the preservation of historic resources. This has been accomplished in the subject LDR amendments by providing an objective manner of reviewing new proposals which will not detract from the historic resources (yet will be compatible with the historic development of the adjacent properties), Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan's Future Land Use Element. HOUSING ELEMENT: GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING AND 1=NHANCING NEIGHBORHOODS THAT ARE IN TRANSITION, AND RESTORING AND REHABILITATING NE€GHBORHOODS THAT HAVE DECLINED. Planning and Zoning Board Memorandum Staff Report, k]ecember 17, 2007 Meeting Amendment to LDRs: Historic l7iskrict Regulations Page 7 Housin Element Ob'ecti~e A-10 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policy A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housin Element Polic A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Wousin4 Element Policy A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. ANALYSIS The proposed LDR amendments comply with the Housing Element as noted above in that they will further strive to stabilize and enhance existing historic neighborhoods. The historic structures are the identifying characteristic of the five {5) designated historic districts. It is also evident that the protection of such areas has assisted in their revitalization which is continuous and on going. The mandated technical assistance, noted above, has been and continues to be provided by the City to its residents, including those residing in designated historic districts or individually designated structures andlor properties. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan's Housing Element. Coastal Management Element Po[icy B-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the specific implementation program. Coastal Mana ement Element Polic B-2.2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. Coastal Mana ement Element Objective C-1 The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Planning Area. The Marina Historic District shall continue to be redeveloped with a sympathetic blending of the demands of economic development and historic preservation. Coastal Mana ement Element Polic C-1.1 The northern portion of the Marina District nearest Aflantic Avenue shall be developed with the active participation of both the Historic Preservation Board and the Community Redevelopment Agency. Coastal Management Elemen# Policy C-1.2 The middle and southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi-family Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Paae 8 structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district. ANALYSIS The proposed LDR amendmen#s comply with the Coastal Management Element of the Comprehensive Plan in that they are sensitive to the two designated historic districts within this area: Nassau Street and Marina. Overall, the protection of the historical resources located in the aforementioned historic districts will continue to be enforced. Specifically, the amendments address the demands of enhanced economic development and historic preservation by allowing 5% over the average lot coverage for the district. Upon consideration of the above, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan's Coastal Management Element. ASSESSMENT The Comprehensive Plan calls for new development and redevelopment to enhance the existing quality of life by providing for the preservation of historic resources, the rehabilitation of historically significant housing, and the promotion of historic designations as a revitalization tool. Further, the Plan calls for staff assistance in implementing neighborhood supported initiatives aimed at preserving the character of existing residential areas including the formulation of regulations limiting size and scale of new development within historic districts. The proposed amendments achieve the aforementioned goals and policies. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. REVIEW BY OTHE~tS The Historic Preservation Board (HPB) reviewed the amendments on December 6, 2007 and also considered recommendations made by the Planning and Zoning Board at its Special Meeting on December 3, 2007. While the Board disagreed with several of the P&Z Board's recommendations, they did agree with most of them. The revised Ordinance contains notations depicting the differences between the two Boards. Since HPB continued the item until December 19, 2007, a final recommendation is not available at this time. Therefore, the Board's recommendations will be presented to the City Commission at the first reading of the Ordinance. • The Downtown Development Authority {DDA) reviewed the amendments at their December 10, 2007 meeting and unanimously recommended approval. • The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at their December 12, 2007 meeting and unanimously recommended approval. • The Community Redevelopment Agency {CRA) reviewed the amendments at their December 13, 2007 meeting and unanimously recommended approval. Courtesy Notices: A special courtesy notice was provided to all of the property owners within the five htstoric districts as well as to the Neighborhood Advisory Council. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 38-07, by adapting the findings of Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Page 9 fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission of the amendments to the Land Development Regulations {LDRs} associated with Ordinance 38-07, by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the Land Development Regulations. (Motion to be phrased in the affirmative. See above.} RECOMMENDATION Recommend approval to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 38-07, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regula#ions. Attachments: + Proposed Ordinance No. 38-07 MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: February 1, 20x8 SUBJECT: AGENDA ITEM 10.B -REGULAR COMMISSIC}N MEETING. OF FEBRUARY 5, 200$ RESOLUTION N0.03-08/CONTRACT FOR SALE. AND..PURCHASE OF YROPFRTY/CRA/TRIPARTY AND INTEKLOCAL A['=REEMEIVT BACKGROUND There was an error made by the newspaper regarding the publishing date for this resolution. The ad was not published for the second time on February 1 as it should have been. The newspaper will be republishing the ad at no charge to the City for the February 19 meeting. J MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: January 29, 2008 SUBJECT: AGENllA ITEM 10.C._- REGUI,AK. COMMISSION MEETING OF FEBRUARY 5, 2008 RESOI,U'fION 04-OS -PURCHASE OF PROPERTY -.126-13b N.W. 2N11 AVENUE ITEM BEFORE COMMISSION The attached contract for sale and purchase provides that the City will purchase the multi-family units located at 126 - 136 NW 2"~ Avenue for $675,040.00. BACKGROUND The purchase of this property would be used to accommodate future municipal expansion. There are currently 3 duplex buildings located on the property. The contract provides that 5 of the 6 units are currently rented and the City would allow the current tenants to remain. RECOMMENDATION Approve Resolution 04-08. RESOLUTION NO. 0408 A RESOLUTION OF THE CITY COMMISSION OF THE C1TY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTASN REAL PROPERTY 1N PALM BEACH COUNTY, 1=LORIDA, A5 DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at 12fi - 138 N.W. 2"d Avenue, to provide for municipal expansion, a valid public purpose; and WHEREAS, the Seiler hereinafter named desires to sell the property hereinafter described to the City of Delray Beach Florida; and WHEREAS, i# is in the best interest of the City of Delray Beach, Florida, to purchase said property. NOW, THEREi=ORE, BE 1T RESOLVED BY THE CITY COMMISSION OF THE CITY~OF DELRAY BEACH, FLORIDA, A5 FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Richard P. LlCastri and Rosemary E. Curran, as SeAer, for the purchase price of Six Hundred Seventy Five Thousand Dollars ($675,DD0.00}, and other good and valuable consideration; said parse[ being more particularly described as follows: The South 3 feet of Lot 10 and all of Lots 11 and i 2, Block 43, TOWN OF LINTON (now known as Delray Beach}, according to the Plat thereof, as recorded 'tn Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida Section 2. That the terms and conditions contained in the contract far sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein as Exhilait "A". PASSED AND ADOPTED in regular session on the day of zoos. IIAAYO R Attest; City Clerk Exhibit "A" CONTRACT FOR SALE AND PURCHASE PARTII=S: Richard P. t_iCastri ~d Rosemary E. Curran, husband and wife of 4223 Palm Forest Drive, North, Delray Beach, FE_ 33445 ("Seller'), and the CITY OF DELRAY BEACH, a Florida municipal corporation, of 400 N.W_ First Avenue, Delray Beach, Florida (Buyer), herelry agree that the Seller shall seEl and Buyer shag buy the falbwing described Real Properly and Personal Property (oolleckively "Pro ' upon the following terms and conditions, which INCI_I.iDE the Standards for Real Estate Transactions {"Standard(5~"]_on the reverse side hereof er attached hereto and riders and any addenda to this Contract for Sale and Purchase {"Contrast"?. I. DESCRIPTION: (a)Legal description of the Real Property [orated in Palm Beach County, Florida: Sae Exhibit "A" PURCHASE PRICE- 5675,000.40.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: tt this offer is not executed by and delivered to aEl parties OR FACT OF EXECUTION commun~ated in writing between the parties on or before February 7, ZDQ8, this offer may be withdrawn. The date of Contract ("Effective Date ") will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals. N. TITLE EVIDENCE: Prior to closing, Buyer may, at Buyers expense, obtain a tiffs insurance commitment and, after closing, an owners policy of title insurance. V. CLOSING DATE: This lransacEion shall be closed and the deed and other Dosing papers delivered within thirty (30) plendar days following the execution of this Contract, unless modified by other provisions of this Contract. VI. R>1=STR1C710N3; EASEMENTS; LIMITATIONS: Buyer shall eke tide subject to: oompn~hensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by. governmental authority< restrictions and matters appearing on the plat or otherwise common to the subdivision; and public utility easements of record. VII. OCCUPANCY: Seller warrarrts there arse no parties in occupancy other than 5etler; but if Prr~perty i5 intended th be rented or occupied beyond closing, the fact and teens thereof and the tenant(s) or occupants shah be disclosed pursuant to Standard F. Seller Shall deliver occupancy of Property to Buyer at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsive and Gable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. IX. ASSIGNAt3it_ITY: (CHECK ONLY ONE): Buyer (4) may assign and thereby be released from any further liability under this Contract; may assign but not be released from liability under this Contract or X may not assign this Contract. i x. sPECIAL c~AUSES; ADDENDA: ffi additional terms are to be provided, attach ad dum and c~tECK HERE ,~_ . CETY OF DELRAY BEAGH Ric P. t.iGastri Tax ID iJo.: By: Tax ID. osemary E. Cu n ax ID No.: ~~ ADDENDUM TO CDNTRACT FOR SALE AND PURCHASE SELLER: Richard P. LiCastri and Rosemary E. Curran, husband and wife BUYER: CITY OF l]ELRAY BEACH PROPERTY ADDRESS: 126 N.W. 2"° Avenue, Defray Beach, F'ksrida 33444 %. SPECIAL CLAUSES; ADDENDA {Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT {"FIRPTA"}: The parties shall vompty with the provisions of Intemal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Intemal Revenue Code Section 1445 purposes, theta on demand of the Buyer and prior to closing the SeAer shall provide the Buyer with a certificate of non- foreign status in the manner provided in Treasury Regulafions Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted tQ rely on such certificate under those Regulations, the Buyer shall not withhold under Intemal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Intemal Revenue Code, the Buyer generally is required to withhold 14% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Entemal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. 7o the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyers withholding obligation, the Seller Shalt provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal Inwme tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory t0 the Buyer and Seiler pending receipt of the ruling, provided that at cbsing the Seller shall have the obligaton to provide to the escrow agent from the dosing proceeds (or from the Sellers other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing fames. A foreign individual may acquire an lntemational Taxpayer Identification Number for this purpose. Since ii may take several weeks to receive the number after appllcabon and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. B. The Buyer shall have tttlrty t30) calendar days within which fia conduct arty and ail feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyers sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, Dore drilling, surveys, soil sampfng and other such testing. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. ~~ d. The parties represent and warrant that there is no broker involved irs this transaction to whom a commission would be due. E. Seiler will not enter into any new leases without Buyer's Consent At present there are five existing month-to-rnaMh teases. STANDARDS FOR REAL.ESTATE TRANSACTIONS A. SVIDR7eC:i oaf 2LTL8: (1}An abstract of title prepared or brought current by a reputable antl existing dbatract firm 1SE not existing then cextifled as correct by an existing firmt purporting to be an accurate synapsis ci the instruments affecting title to Aeal Property recorded in the public retards of the county wherein Real Property is located. through Effective Date. It shall commence with the earliest public records, or such later data as may be customary in the county. ^pon closing of this Contract, the abstract shall. become the property of Buyer, subject to the right of retention thereof by Iirst mortgagee until fully paid- l2) A title insurance cnme:itment issued by a Florida licensed title insurer agreeing to issue to F3uyer, upon recozding of the deed tD Buyer, an owner's policy of title insurance i» the amount of the purchase price, insuring Hvyer's title to Real Property, subject only to Iiens, enctaabrances, exceptions or quaiifieation provided Ln this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions ar qualifications set forth in Contract. Marketable title shall be determined according to applicable Tit]e Standards adopted by authorl.ty of The Florida Bar and in accocdance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evider.ca of title to examine it. if title is found defective, Buyer shall, within 3 days thereafter, notify Seller in xriting specifying defect{s}. If the defect(sl render title unmarketable, Seller x111 have 30 days from receipt of notice to remove the defect(s}, failing which Buyer shall, within five (5S days after expiration of the thirty (30) day Period, deliver written notice to Seller either: (1] extending the tune #or a reasonable period not to exceed 320 days within xhich Seller shall use diligent effpzt [o re~oove the defaces; or (2l requesting a xafund of deposit{s) paid which shall immediately be returned to Buyer. If Buyer fails to so notify seller, Buyer shall be deemed to have accepted the title as SL r_hen is. Seller shall, if title is found unmarketable, use diligent effort to correct defect{s} in title within the time provided therefor. If Seller is unable to timely correct the defects. Buyer shall either waive the defects, or receive a refund o! deposit(s}, thereby releasing Buyer and Seller fran alt further ob_igation under this Contract. ~,..o-~,--ra,.,..a.. ,.~ _.. ~.....,.... __. _ ---- -- --- ~ec z-.r-~:,--~,.w.,E -3-ana)• €' . C. 3[fICVSX: Buyer, at Buyer's expense, within lima alloxed to deliver evidence of title, may have Real Property surveyed and rectified by a registered Florida surveyor. If the survey discloses encroachments on the Real Prapexty or chat improvements located thereon encrDaeh on setback lines, easements, lands of others, or violate any reatripti0ns, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. E. a~messs lum >a6R>cBS: Seller warrants and represents [hat there Se ingross and egress to the Real Property sufficient for the intended use as described in Paragraph vI hereof, title to which is in accordance xlth Standard A. F. is>+>gss: Seller shell, not less than 15 days before closing. Furnish to Buyer copies of all written leases and estoppel letters free each tenant specifying the nature and duratio» of the tonant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seiler is unabU to obtain such letter from each tenant, the same fnformativn shall ]x furnished try Seller to Buyer xithin that time period in the farm of a Seller's affidavit, and Buyer may thereafter contact tenants tD confirm such information. Seller shall, at closing, deliver sad assign all original leases to Buyer. C. LISA78: Seller shall furnish to BuYar at time of closing an affidavit attesting to the absence. unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Sellet and further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding data of cloaing. is Property has been improved, or repaired xithin that time. Seller shall deliver releases or r.aivers of mechanics' liens executed by ell general contractors, subcontractors, suppliers, and materialmen in addition to Selier'a lien affidavit setting forth the naRCS of all such general contractors, subcontractors, suppliers and materiaimen and further affirming that all charges fox improvements or repairs which could serve as a basis for a mechanic's Ii en or a claim for damages here been paid or will be paid at Closing of this Contract. ~~, IL PIS OF CLOBZrIOe Closing Shrill be held in Lhe county wharf Reai Property is located, at the office of the attorney ox other closing agent designated Dy Seller. 1. SIY~: In computing time periods of less than six (61 days, Saturdays, Sundays and state ox national legal holidays shall be excluded. Any time periods provided for herein which shall end on Saturday, Sunday or legal holiday shall Extend to 5:00 p.m. of the next business day. Tina i• o= the aednaa in this Contract. 7. nOCpy¢i'x3 lqn CsAB~'3: Seller shall furnish deed, bill of sale, construction lieh affidavit, owner's possession affidavit, and corrective instruments. Buyer shall Curnish cloainq statement. IC. S: boc+smentary stamps on the deed and recording corrective instruments shad be paid by Seller. llnle99 Otherwise provided by law or rider t0 th15 COn tract, Changes for the following related title services, namely title or abstract charge, title examination, and settlement and closing fee, sha13 be paid by the party responsible for furnishing the title evidence in accordance with Paragraph IV. G pFAR]iTIONS; f]1~DIT8: Taxes, assessments, interest, insurance and other expenses and revenue of Property shall be prorated through day before cloainq. Buyer shall3 have the option of taking over any existing policies of insurance, if assufnable, in which event premifuns shall be prorated. Cash at closing shall be increased or decreased as mdy be required by prorations to De made through day prior to closing or occupancy if occupancy occurs before closing. Advance rent and security deposits will be Credited t0 Buyer. Escrow deposits held by mortgagee will De credited to Seller. Taxes shall 6e prorated based on the current year's tax with due alloxance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a data when the current year's miilage is not fixed, and current years assessment is available, taxes will be prorated based upon such aasesament and the prior year's niiilage. I2 current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which improvements were not in existence on January lot of the prior year, Lhen taxes shall be prorated based upon [he Friar year's millage and at an equi.ta6le asaesament to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate shall, at request of either party, be readlusted upon receipt of tax bill on condition that a statement to that effect is signed at closing. M. eYiCIA[. A88E9~NT LSY11B: Certif±ed, confirmed and ratified spatial assessment liens as of date of cl.eainq [not as of Effective Date) are to be paid by Seller- Pending Iiena as of date of closing shall be assuaed by F3uyer_ If the improvement has Deer substantially completed as of Effective llate, any pending Lien shall be considered as certified, confirmed or ratified and Seller shall, at cloainq, De charged an amount equal to the last estimate of assessment for the improvement by the public body. N. IIiSPECSION, RSAAIR AYE !d-n9S6kANCgc Seller warrants that, as of 10 days prior to Closing, the calling, roof {including the fascia and soffits) and exterior dn8 interier walls, foundation, seawalls (or equivalent) and dockage do not have any VISIBLE EVIDENCE of leaks, eater damage or structural damage rind that the septic tank, pool, all appliances, mechanical items, heating, cooling, electrical, plumbing ayatema and machinery are in WORKING CONDTiION. Tha foregoing xarranty shall ba limited to the items specified unless otherwise provided in an addendum- Buyer may, at Huyer'a expense, have inspections made of Lhose items by a firm or individual special4rinq in home inspections and 'folding an occupational license for such purpose of required) or by an appropriately licensed Florida contractor. Buyer shall, prior to Huyer's occupancy or not less than 19 days prior to closing, whichever occurs first, report in writing to Seller such items that do not meet the above standards as to defects. Unless Buyer timely reports such defect s, Buyer shall be deemed to have waived Seller's wdxranties as to defects not reported. II repairs ox replacement are required to comply with thzs Standard, Seiler shall cause them to be made and shall oay up Lo Lhe amount provided in Paragraph (b)• Seller is Doc required to make repairs or replacements of a cosmetic nature unless caused by a defect Seller is responsible to repair Or replace. If the cast of such repair or replacement exceeds the amount provided in Paragraph __ [bl, Buyer or Seller moy elect to pay such excess, tailing which either party may cancel this Contract. ii Seller is unable to correct the defects prior to closing, the cost thereof shall b¢ paid into escrow at closing. Seller shall, upon reasonable notice, provide utilities Service and access to the Property for inspections, including a walk-through prior to Closing, to confirm that all items of Personal Property are on the Real Property and, aublect to the foregoing, that all required repairs and replacements have been made and that the Property, Lnc1u41nq but not limited to, lawn, shrubbery and pool, if rimy, has been maintained in the condition existing as of Effective Date, nzdinary wear and tear excepted. O. RIBiC O! L086c If the property is damaged by fire or ocher casualty before closing and coat of restoration does not exceotl 3t Of the dssessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shelf proceed pursuant to the trans of Contract with restoration cpSte escrowed at closing- If the Cost Of restoration exceeds 3f Of the assessed valuation of the improvements so damaged, Buyer ahali have the option of either taking Property as ia, together with either the 31 or any irsurance proceeds payable by virtue of such Ions or damage, or of canceling Contract and receiving return of depositisl• p, pB py' But; CIABIlIG : 'f he deed shall b¢ recorded upon clearanpe of funds. If an abstract of title has been furnished, evidence of title shall be continued at Buyer's expense to show title !n Buyer, without oay encumbrances or change which would render Seller's title unn,arketa6le from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrow agent for a period of mat more than 5 days after closing date. If Seller's title is rendered umaarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to tlroely cure the defect, all deposit{s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer `ails to make timely demand for refund. Buyer sha31 take title as is, waiving all rlghta against Seller as to any intervening 1 Y defect except as may be available to Buyer by virtue of rarrnnties contained in the deed ar bill of sale. If a portion of the purchase price fa to be derived frnm institutional financing or refinanctng, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract- Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrnw and closing procedure required by this Standard may be waived it title agent insures adverse matters pursuant to Section 627.7801, F.S., as amended. ~, ZsCl~plf: Any escrow agent f" ent"} receiving funds or equivalent 3.s authorized and agrees by ecCeptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms aid conditions of Contract. Failure of clearance of funds shall mat excuse Huyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parti.os or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the par[ of Agent shall fully terminate, except to the extent of accounting for any Items previously tlelivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.9 ., es amended. Any suit between Buyer and Seiler where Agent is made a party because of acting as Agent hereunder, or in any cult wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorneys' fees and coats incurred with these anouats to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevaillnq parCy. ThC AgenC shall not be liable to any party or person for misdelivery to Buyer ar Seller of items Subj eat to this escrow, unless such misdel.ivery is due to willful breach of Contract ar gros9 negligence of Agert. at~ea'ea- $, t71IIAAS OE PatrOl~ltiCL: If. Auyer fails to perform this Contract within the time specified (including payment of a13. deposit(s~}, the depositfal paid by Huyer and deposi.tlsf agreed to be paid, may be recoaered end retained by or roe the account of Seller as agreed upon liquidated damages, cnnsidexation for [he execution o! this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract: or Seller, at Seiier's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failuce of Seller to make Seller's title marketable after diligent effort, Sailer fails, neglects ox refuses to perform tk:ie Contract, the Buyer. may seek specific performance or elect to receive the return of Buyer's depositlsl without thereby waiving any action for damages resulting from SeIler's breach. T Lbl1'IRAC'! R7pr 1~C(,acpABl,s; Rmt80l15 Uf7tlllD; NOtrCi: ?Feithet this Contract nor any notice of St shall be recorded in any public records. This Contract shall bind and inuce to the benerit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. jl. (be1Vel71laR: Seller shall convey title to Real Property by xarranty Deed, subject only to matters contained in Paragraph VI and those otherwise accepted by Buyer. Personal Property aha11, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwi_ee provided for herein. v. (l'1'~ftl1GA~3: No Frior or Dreaent agreements or representations shall be binding upon Huyer or Seller unless included in this Contract. ao modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by ehc party or parties intended to be hound by it. W. -GWRaWSIRe: Seller warrants that [here are no facts known to Ballet materially affecting the value of the Property welch are not readily observable by Huyer or which have not been disclosed to Buyer. ~~ F~CH1BiT "A" The South 3 feet of Lot 10 and all of ots 11 and 12 Sk~ck 43 TOWN OF LiNTON now known 1)elra Beach accordin to the Plat thereof as recortied in Plat Book 1 Pa e 3 of the Public Records of Patin Beach Cou Florida. Tax Folio No. 12-43-+i6-1$-01.043 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: January 31, 2448 SUBJECT: AGENDA ITEM 12.A.. - REGl3LAR COMMISSION MEETING OF FEBRUARY 5, 2005 ORDINANCE NO,_02-08 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations Section 4.4.13(C), 4.6.9{E){3} and 4.6.9(E}(4) to apply minimum property vacancy period requirements far mechanical parking lifts, in-lieu of parking fees, and public parking fees for in-till developments within the CBD, and also to Appendix "A", Definitions, to amend the definition of in-fill Development. BACKGROUND Recent LDR changes have allowed single level mechanical parking lifts in the CBD for infill development projects [Section 4.4.13(C)(7)]. The current definition of In-fill Development would allow the parking lifts option only if the parcel had been vacant for five (5) or more years. This innovative parking technique is appropriate for in-fill development and to require a vacancy for five (5) years appears excessive. This amendment establishes a one year period over which a parcel must remain vacant. The options of applying either the In-lieu of Parking Fee, or the Public Parking Fee, are currently available only for In-fill Developments in the CBD, which, by current definition, requires the subject property to be vacant for a minimum period of five {5) years. This LDR amendment retains the five (5) year vacancy requirement for these options and moves this detail to the specific LDR sections for in- lieu parking fee and public parking, and removes the five (5) year minimum property vacancy period from the definition of In-fill Development in Appendix `A.' REVIEW BY OTHERS. The text amendment was considered by the Planning and Zoning Board on November 19, 2447. No one from the public spoke on the issue. The Board unanimously recommended approval on a b to 4 vote by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 42-48 for aCity-initiated amendment to the Land Development Regulations Sections 4.4.13{C), 4.6.9(E)(3), 4.6.9(E)(4), and Appendix "A" Definitions, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 02-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(C}, "ACCESSORY USES AND STRUCTURES PERMITTED" TO PROVIDE THAT MECHANICAL PARKING LIFTS ARE A PERMITTED USE FOR AN IN-FILL DEVELOPMENT PROJECT THAT HAS BEEN VACANT FOR A MINIMUM PERIOD OF ONE YEAR; AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E}, "LOCATION OF PARKING SPACES", SUB-SUBSECTIONS 4.6.9{E)(3), "IN-LIEU FEE", AND 4.6.9(E){4), "PUBLIC PARKING FEE", TO PROVIDE THAT IN-LIEU FEES AND PUBLIC PARKING FEES ARE AVAILABLE FOR IN-FILL DEVELOPMENTS THAT HAVE BEEN VACANT FOR A PERIOD OF FIVE YEARS OR LONGER; AMENDING APPENDIX "A" TO PROVIDE A REVISED DEFINITION FOR IN-FILL DEVELOPMENT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section l .1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on November 19, and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4}(c}, the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.13, "Central Business {CBD} District", Subsection 4.4.13{C), "Accessory Uses and Structures Permitted" of the Land Development Regulations of the Code of Ordinances of the City of Defray Beach, Florida, be and the same is hereby amended to read as follows: (C) Accessary Uses and Strictures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. {4) Storage of inventory either within the same structure as where the safe of goods occurs or in a separate structure an the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5} A single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to amulti-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms. (7) Single level mechanical parking lifts for in-fill development projects on parcels that have been vacant for a minimum eriod of one 1 ear, pursuant to the requirements of Sections 4.6.9(D){ 1 1) and 4,6.9(F)(4}. Section 3. That Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of Parking Spaces", Sub-subsection 4.6.9(E)(3}, "in-Lieu Fee" of the Land Development Regulations of the Cade of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (3) In-Lies Fee: When a requirement for additional parking results from in-fill development, on parcels which have been vacant for five (5) ,years or fon_ger er from a change in use, ar adding floor space to an existing building; the City Commission may approve the payment of a fee in- lieu of providing such required parking. Before granting such approval, the City Commission must find that it is impossible or inappropriate to provide the required number of on-site or off- street parking spaces and that, in the case of building additions, no existing parking spaces will be eliminated. Payment of a fee in-lieu of providing required parking is not permitted for new development. Furthermoee, the in-lieu fee option will not be available in the event of a change in use or addition of floor space if either occurs within two years of the granting of the Certificate of Occupancy (C.O.) for a new development. "Fhe fee in-lieu option will be available two years aver the date of the granting of the C.O. Payment of a fee in-lieu of required parking shall be pursuant to the following provisions. (a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD Zoning Districts, in compliance with the Supplemental District Regulakions provisions therein. (b) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the property for which in-Geu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See page 4.6 - 52 for corresponding map). (1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $ ] 8,200 per space. (2} Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or CBD-RC and which are not included within the Pineapple Grove Main Street area, West Atlartic Neighborhood or Block 69 located in the Old School Square Historic Arts District (OSSHAD) - $15,600 per space. (3) Area 3: Parcels located within the OSSHAD zoning district, except for Block 69 as noted in Area 2; and parcels located within the Pineapple Grove Main Street area which are zoned CBD or CBD-RC - $7,800 per space. (4) Area 4: Parcels located within the West Atlantic Neighborhood which are zoned CBD - $4,000 per space. 2 ORD. NO. 02-08 I I , ~, ,~.~..~ 11 f fi i I ~ t ' : ~ - I ICI ~ ~~~ o _ xl _ ~ l 1 ~ :h.R 1 ~-I .I ° 1 ~ I -4~- ~ ~ _ ~. ~ I r ~r } i" "a I f I _ ~~ , III I I ~.~ - - - w } ., _ ... 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M ~, . ~' I i a 1 ~~i' '~~~l ]~ II- ,, ~-~ I ~ t ll 11___ I I~ ~"' ~' ~~ ;'~TTi rte` ~' ' § L1 f ~ f r I I I~~ I~ ~~ u~P I L`b F~~111` I I 11~-~ it I JLJ I~ ~[~.C1~11~L1 .` ~_ 11C ZTi 1 1 ~I -- . , . ~ ~ ~ ~ ~'-u,1- 1 ~, 1 ~' ~`i~ 1 ,~ T am ' ~ s ~ ~ I IT l l , : I! ; i ~ ~ ~~ ~~ I l F 1 Cl~,~~ ~ I I ~i IJ~L~ I'~ I 111J1III~LI ~ ~ -__ ~_ „J ! ~ III - I1rTr! ~.~ rnllllll ~ ~ ~ II IL `~ JJ ~_ .~' l ' `v "r ~] I I I h CTtTTI l ..I ' f : ~:I . " TLCCl7I l ~ I.I I f I I T~ I I ., ti ~. - r• I I I°~ 1 1111 I--f f X11 F~, _ 1~ ~MI~1~l~ Ii 1 Il L ~ I[ I CIfI1 1=1TIllI1~`~I I I~ ~ I I I I I i~ ,' i 1T Z~ ~~ I 111 II - I i ~ ~ ~I I C1:1 II III" 1 ~ ~ ~ ~ ' - E , I, _IL~ ~ ~ ~ 1111 I ~ I ~ ~ ' 1~ ~ ' ~~ ~ ~ ' ~ ~I I ;uEi il ~I ~[~~_L If f . ~- ~~ Ill I~~ ups ~'IC[1[0~ W. i i,ll I li',,1 _ ~ ~ ~ , I . I I Ii ~ t ~ '• ~ " ~ ,... ~y } . l ~~, I ` T r 'i~1T I~i''^~TI~,~T~~,I III~I II'~. r~ ''T~ 11.1 ~.ll l.l. - '.. iI .JLL1 ~.- - 1 ~L~~,~~~ _.ii $t<'~~~ ~I u~--f,f ~ ~~~I~Illiff I I I l „ ~~ 11 3 ~; ~ ~- ~ 11.1 1 ~ 1 I f .~ 1-. _ ~ I , 1 I 'III 11'1 Ill ll. I11I1 (Tf]-f~-1T ! ~° Iilr_,. ~ _JL111L]1lfi 1411 IL llfi I 1,=_ ~ 1 III .. I -, i T~~ i f .I, ill LLIILILI~; ~ ' I.1L11! 1 i `,-f I I I°-I-~~1T' 11 ~ ~ ~w, f ~~~~rr~~ k i I ~ l ~ J ~~ < w Z 1 y i _ I' ~..11: 1. Jai z ' I Ti l 1 r'I I t ~, !~,~--(ILl IT;IT~^ 1 I I f I 1 ~ I i I 1 i': ,_ ~ i ~~l~ , I - < - Z ~~ ,~,I!1 11111111 '~ ~ i f rI f II. Ill I 1 i I( .~ G lr-~ J I ` ` ~ p ~z ~ g o y i " ~~,.11.L~ - -- -- - ~ 3.w,e,~3,.1 ly _ _ a I ORD. NO. 02-OB (c) All proceeds from such a fee shall be used for parking purposes. (d) For property owners opting to pay in full, or lessees of properties, payment of the in-lieu fee is due upon issuance ofa building permit. The in-lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into an in-Lieu of Parking Fee Agreement with the City. Such agreement shall be recorded with the Public_Records Office of Palm Beach County, Florida. The obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys' fees and costs. In- Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. if an In-Lieu of Parking Fee Agreement is entered into, installment payments shall be made over athree-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement The second installment shall be 25°/a of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due an the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. (e) In addition to in-lieu fees due, where adequate right-of--way exists adjacent to a proposed project for which an in-lieu parking fee has been approved, the applicant must construct additional on-street parking, not to exceed the total amount of spaces subject to in-lieu fees unless authorized by the City Commission. The applicant will be credited up to one-half of a parking space for each full parking space constructed within public right-of--way. (For example, the applicant requests to pay the in-lieu fee on 4 spaces; the applicant constructs 4 spaces in the right-of--way; the applicant must only pay the in-lieu fee for 2 spaces}. Crediting of spaces constructed in the right-of--way resulting in a fraction shat[ be rounded down. Credit may not be taken for those parking spaces constructed in the public right-of--way which are required to meet the performance standards for. new developments. (f} Requests to allow in-lieu fee payments that are not associated with a site plan or a site plan modification shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land 4 ORD. NO. 02-08 Development Regulations at the time payment is made for spaces required to accommodate the associated site plan ar site plan modification. Section 4. That Section 4.6.9, "Off-Street Parking Regulations', Subsection 4.6.9(E), "Location of Parking Spaces", Sub-subsection 4.6.9(E}(4), "Public Parking Fee" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (4) Puhlic Parking Fee: When parking requirements are applied to new development, in-fill development, which has been vacant for flue (5) years or ]on~er, from a change of use, ar adding floor space to an existing building; the City Commission may approve the payment of a fee towards the construction of a public parking structure in-lieu of providing such required parking on-site. This option cannot be utilized in conjunction with the In-Lieu Fee provisions of subsection 4.6.9{E){3) or Section 4.6.9(B)(4), where private land is acquired by a governmental entity for parking or park purposes. (a) For properties located within 600' of a programmed public parking facility, excluding property zoned CBD and/or CBD-RC, an alternative ro providing al! the required parking on-site is to contribute towards the construction of the parking facility. The cost per space shall be based upon the location of the property for which the public parking fee is being sought. Area descriptions and corresponding fee amounts are hereby established as follows: if for whatever reason the public parking does not get built the City shall retain the fee to provide parking or parking maintenance in the quadrant of the City where the development is located. (]) Area l : Parcels located east of Swinton Avenue and South Dixie Highway - $18,000 per space. (2) Area 2: Parcels located west of the Swinton Avenue and South Dixie Highway - $16,000 per space. (b) The Public Parking Fee is limited to no more than 25% of the total required parking of a development not to exceed ] 0% of the total number of parking spaces associated with the Programmed Public Parking Facility. Within a Programmed Public Parking Facility, a maximum of 25% of the total number of parking spaces provided within the Facility are available to the Public Parking Fee Program, 5 ORD. NO. 02-08 (c) When a programmed public parking facility is not anticipated to be constructed within three (3} years of site plan approval of the proposed development, a building permit will not be issued unless the proposed development constructs additional on-street parking within the right-of--way adjacent to the development equating to 75% of the total number of spaces subject to the Public Parking Fee. {d) Where adequate right-of--way exists adjacent to the proposed project for which the fee has been approved, the applicant must construct additional on-street parking, not to exceed the total amount of spaces subject to the fee unless authorized by the City Commission. The applicant will be credited up to one- ha[f of a parking space for each full parking space constructed within public right-of--way. (For example, the applicant requests to pay the public parking fee on 4 spaces; the applicant constructs 4 spaces in the right-of--way; the applicant must only pay the public parking fee for 2 spaces}. Crediting of spaces constructed in the right-of--way resulting in a fraction shall be rounded down. {e} All required residential and guest parking spaces associated with a development and required guest room parking for hotels, motels, residential- type inns, bed and breakfasts, and similar uses must be provided on-site. (() The public parking fee must be paid in full upon issuance of a building permit. (g) The Director of Planning and Zoning or designee shall maintain a record of the developments that utilize the Public Parking Fee Program and the number of spaces allocated to the program for each Programmed Public Parking Facility. (h) The operating hours of the Programmed Public Parking Facility are at the sole discretion of the governmental entity that owns the facility, and shall not be affected by parking spaces intended for commercial tenants of the development. (i} The Public Parking Fee amount shall be reviewed at a minimum every two {2) years and the fee adjusted as warranted. (j) Requests to allow public parking fee payments that are not associated with a site plan or a site plan modification shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. ORD. NO. 02-U8 Section 5. That Appendix "A" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: TN-FILL DEVELOPMENT: The development of a single parcel having frontage on one street or two streets far a corner parcel, ~~`''-'"`"''''°~ "°°~ ` "` ~ "~"'° "'' '~'"""°r and is surrounded by buildings on two or more sides. Section 6. That should any section or provision of this ordinance or any portion thereof any paragraph, sentence. ar word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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 , 200 ATTEST MAYOR City Clerk First Reading Second Reading 7 ORD. NO. 02-08 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: NOVEMBER 'S 9, 2007 AGENDA NO: IV.D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULAYIONS (LDR], AMENDING APPENDIX A, DEFINITIONS, TO RI=DUCE THE DURATION OVER WHICH A SINGLE PARCEL MUST BE VACANT FOR ITS DEVELOPMENT TO QUALIFY AS IN-FILL DEVELOPMENT. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) to reduce the duration over which a single parcel must be vacant for its development to qualify as in-fill development. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUNDIANALY$15' The current definition of In-Fill Development requires that a single parcel on one street (ar two streets for a corner property), be vacant far five (5) or more years, and be surrounded by buildings on two or more sides in order for development of the parcel to meet the definition of In-fill Development. The proposed definition reduces the duration over which a subject parcel must be vacant to one (1 }year. When this definition was added to the LDRs in January, 2405, the restriction of five (5) or more years was to prevent someone from tearing dawn a structure, and immediately rebuilding under the category of in-fill development. The in-fill category, along with changes of use and additions to existing buildings, can utilize the in-lieu of parking option, while new construction can not. Recent LDR changes have allowed single level mechanical parking lifts in the CBD for infill development projects [Section 4.4.13(C)(7)]. The in-fill development definition would allow the accessory use only if the parcel had been vacant for five (5) or more years. This innovative parking technique is appropriate for in-fill development and to require a vacancy for five (5) years is excessive. The amendment to reduce it to one (1) year will continue to provide the necessary safeguards while making the option more available. REQUIRED 1=tNDINGS Com rehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings} requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following objective was identified: Planning and Zoning Board Meeting, November 19, 2007 LDR Amendment -Definition of in-Fill Development Objective A-5 states that "[t]he City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide streamlining of processes and to accommodate planned unit developments (PUD), mixed-use developments, and other innovative development practices." The proposed amendment furthers this objective and is therefore consistent. REVIEW BY OTHERS The following advisory boards reviewed and made the following recommendations: Pineapple Grove Main Street reviewed the amendment at their November 7, 2007 meeting and recommended the duration be reduced to two (2) years instead of one {1) year as proposed. The Community Redevelopment Agency reviewed the amendment at their November 8, 2007 meeting and recommended approval of a duration of one (1 }year. The Downtown Development Authority reviewed the amendment at their November 12, 2007 meeting and recommended approval. The Wesf Atlantic Redevelopment Coalition reviewed the amendment at their November 14, 2007 meeting and recommended approval. Notices: A courtesy notice was provided to the following organization: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLU51ON The purpose of this city-initiated LDR teak amendment is to amend the definition of "in-fill development" to reduce the duration that a parcel must be vacant in order for its development to qualify as in-fill development. Recent LDR changes have allowed single level mechanical parking lifts in the CBD for infill development projects. However, use of this innovative parking technique is limited by the restriction that parcels be vacant for a minimum of five {5) years. The amendment to reduce it to one {1) year will continue to provide the necessary safeguards while making the option more available. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the Ci#y Commission of the amendment to Land Development Regulations, Appendix A, Definitions, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment ko Land Development Regulations, Appendix A, Definitions, by adopting the findings of fact and law 2 Planning and Zoning Board Meeting, November 19, 2007 LDR Amendment -Definition of In-Fill Development contained in the staff report, and Ending that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION: Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Appendix A, Definitions, by adopting the findings of fact and law contained in the staff report, and frnding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ^ Proposed Ordinance 3 J MEMORANDUM TO: Mayor and City Commissioners FROM: Candi N. Jefferson, Senior Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: January 31, 2008 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF FEBRUARY 5, 2U08 ORDINANCE NO. 05-08 ITEM BEFORE COMMISSION The item before the City Commission is consideration of a rezoning from SAD (Special Activities District) to OSR (Open Space and Recreation) for the 0.72 city-owned parcel located east of the recently approved Midtown Delray mixed-use development (f.k.a. Bloods Hammock Grove) and west of Orchard View Park. BACKGROUND On December 11, 2007, the City Commission approved the Midtown Delray SAD rezoning which modified the original SAD ordinance to incorporate a new mixed-use development containing 116 townhouse units and 29,571 square feet of medical offices. During this review, it was discovered that a portion of the original SAD zoned property (subject property} was being utilized for the access road to the park and school and as part of the established Orchard View Park. As this parcel is now contiguous with the OSR site to the east and is being utilized for the park and its access, the current SAD zoning is inappropriate. This change seeks to apply a more appropriate awning designation to the parcel. REVIEW BY OTHERS The Planning and Zoning Board held a public hearing on the rezoning request at its meeting of January 28, 2008. The Board recommended approval of the rezoning request by a vote of b to 0, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. RECOMMENDATION By motion, approve on first reading Ordinance No. OS-O8, rezoning the subject property from SAD to OSR, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Sections 2.4.5(D){5}, 3.1.1 and 3.2.2 of the Land Development Regulations. ORDINANCE NO. OS-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD {SPECIAL ACTIVITIES DISTRICT) TO OSR {OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL LOCATED EAST OF MIDTOWN DELRAY (FKA BLOOD'S HAMMOCK GROVES) AND WEST OF ORCHARD VIEW PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDCNG "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 200T'; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2007, as being zoned SAD (Special Activities District); and WHEREAS, at its meeting of January 28, 200$, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of OSR (Open Space and Recreation) District for the fallowing described property: That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the Northwest corner of the Plat of Foxe Chase, according to the Plat thereof as recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; thence S 1 °07'33"E, along the West line of said Plat of Foxe Chase, a distance of 707.79 feet; thence 5 88 ° 52'27"W, a distance of 500.00 feet to the point of beginning; thence continue S 88 ° 52' 2T"W, a distance of 100.00 feet; thence N l ° 07' 33"W, a distance of 116.72 feet to a point on a curve concave to the East and having a central angle of 45 ° 00' 00" and a radius of 380.00 feet; thence northeasterly along the arc of said curve, a distance of 298.45 feet; thence N 43 ° 52' 27" E, a distance of 196.15 feet; thence S 1 °07'33"E, a distance of 14.12 feet; thence S 43°52'27" W, a distance of 212.13 feet; thence S 1 ° 07'33" E, a distance of 360.00 feet to the point of beginning. Containing 31,424 square feet or 0.7214 acres, more or less. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_. ATTEST City Clerk MAYOR ORD NO. 0~-OS First Read Second Reading ORD NO. OS-08 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --STAFF REPORT-~- MEETING DATE: January 28.2008 AGENDA ITEM: !~• A• ITEM: Rezoning frorn SAD (Special Activities District} to OSR (Open Space and Recreation) for the city-owned parcel lying west of Orchard View Park GENERAL DATA: OwnerlApplicant ....................... City of Delray Beach Location ...................................... Park Access Road right-of--way located between Bloods Hammock Grove and Orchard View Park Property Size .............................. 0.7214 acres Existing FLUM ........................... TRN (Transitional} Proposed FLUM ......................... No Change Current Zoning ...........:................ SAD (Special Activities District} - farmerly Bloods Hammock Grove Proposed Zoning ........................ OSR (Open Space and Recreation) Adjacent Zoning ................North: SAD (Special Activities District} - Midtown Delray East: OSR {Open Space Reserve} - Orchard View Park South: CF (Community Facilities} - Orchard View Elementary School West: SAD {Special Activities District} - Midtown Delray Existing Land Use ...................... Park Access Road right-of-way and park Proposed Land Use .................... No Change Water Service ......................... Not Appticabie Sewer Service.......... .............. Not Applicable - - - r_= E BOARD - ~? I T.~IVI I~~ ~ 4 R~~E T H` ~: The action before the Board is making a recommendation to the City Commission on a city- initiated rezoning from SAD {Special Activities District} to OSR {Open Space and Recreation}, pursuant to l_DR Section 2.4.5{D}. The subject parcel is located east of the recently approved Midtown Delray mixed-use development {f.k.a. Bloods Hammock Grove) and west of Orchard Park and measures 0.7214 acres. Pursuant to Section 2.2.2 (E) (6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. .- - ', _ ~ `A~-°#~~a.~'F~~Q U fir /~'i., N ~ L ~ ~~~ ~ ~-- -~~,~-~ ~= ~~,._.~~.-. - - _,.. ~ ~~-_~ri., G...~..~ •~ - - The annexation and initial zonings to accommodate a 10 acre elementary school and a 6 acre municipal park [CF (Community Facilities} far the school and OSR (Open Space and Recreation) for the park] were approved by the City Commission on March 22, 1994. On April 5, 1994, the City Commission approved a Condi#ional Use request for the school. The school (Orchard View Elementary) has been developed and the access road to the school bordered the west perimeter of the City's future park site to the north. On September 19, 1995, the City Commission approved on second reading Ordinance 51-95 which annexed and established an initial zoning classification of SAD {Special Activities ^istrict) for the 14.27 acre Biaod's Grove Orchard directly to the west of the school and future park, and included the subject property. On May 12, 1999, the Site Plan Review and Appearance Board approved a site plan #or the fi acre Orchard View Park. On December 11, 2007, the City Commission approved the Midtown Delray SAD rezoning Which modi#ied the original SAD ordinance to incorporate a new mixed-use development containing 11~ townhouse units and 29,571 square #eet of medical offices. During this review, it was discovered that a portion of the original SAD zoned property {subject property) was being utilized for the access road to the park and school and as part of the established Orchard View Park. Now before the Board for action is a rezoning of the subject parcel from SAD to OSR to reflect the current uses. SECTION 2.4.5 D 5 -REZONING FINDINGS: Pursuant to LDR Section 2.4.5(D){5}, in addition to provisions of Chapter 3, the City Commission must make findings #hat the rezoning fulfills at feast one of the reasons listed: • The rezoning had previously been changed, or was originally established in error; Planning & Zoning Board Staff ReF ` -Meeting of ,lanuary 28, 2008 City-owned parcel tying west of Or~..~rd Park -Rezoning from SAD to OSR Page 2 + There has been a change in circums#ances which makes the current zoning inappropriate; The requested zoning is of similar intensity as allowed under the Future Land Use Map and is more appropriate for the property based upon circumstances particular to the site andlor neighborhood. The basis for which the rezoning should be granted relates to the second bullet point above, as there has been a change in circumstances which makes the current zoning inappropriate. The subject parcel was created and separated from similarly zoned property to the west with the creation of the school and park access road in 1994. This change in circumstances makes the proposed zoning more appropriate as the parcel is now contiguous with the OSR site to the eas#. LAND DEVELOPMENT REGULATIONS CHAPTER 3 -PERT=ORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain fndings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall ~be made by the body which has the authority to approve or deny the development application. These fwndings relate to the Future Land Use Map {PLUM}, Concurrency, Comprehensive Plan Consis#ency, and Compliance with the Land Development Regulations. ^ Future land Use Map: The resulting use of land or structures must be allowed: in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. Pursuant to Land Development Regulations Section 3.1.1 {A) {Future Land Use Map}, all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map (PLUM}. The subject property has a Future Land Use Map (PLUM} designation of TRN {Transitional} and a proposed zoning designation of OSR (Open Space and Recreation) which are consistent with one another. The uses, activities, and characteristics of OSR are to be consistent with the Comprehensive Plan, suitable and compatible with surrounding existing developments, and with the proposed character of the area. The proposed use (park and schdol access roadway and park area) is consistent with the adjacent development pat#ern of contiguous property to the east. Thus, positive findings can be made with respect to PLUM consistency. This standard has been met. ^ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted Concurrency standards. No further development of the site is currently being proposed. The site will remain both an access tract and park area. Thus, a finding of Concurrency is not applicable. Planning & Zoning 13aard Siatf Ref ~ -Meeting of .fanuary 28, 2006 City-owned parcel lying west of Orc.,.drd Park _ Rezoning from SAD to OSR Page 3 ^ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The proposed change will not have a negative influence on the stability of the surrounding area and is consistent with the development pattern of adjacent and contiguous properties. This change is not inconsistent with any objectives within the Comprehensive Plan. ^ Compliance with LDRs: Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development applicationlrequest. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. At this time, no physical improvements are proposed. If and when improvements are made, a site plan review will be required. No concerns meeting the LDR requirements are anticipated. ^ Compatibility: The requested designation will be compatible with the axis#ing and future land uses of the surrounding area. As discussed in the "Rezoning Analysis" section of this report, the adjacent properties include the proposed Midtown Delray development to the north and west, Orchard View Park to the east and Orchard View Elementary School to the south. The existing use (open space and recreation} is compatible with these uses. ._ri.. Future Land Use Map Consistency, Cor~currency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Required Findings" section of this report. Compliance with the hand Develapment Regulations with respect to "S#andards for Rezoning Actions and Rezoning Findings" are discussed below. Section 3.2.2 Standards for Rezonin Actions :Standards "B", "C", and "E" are not applicable with respect to this rezoning request. An evaluation of the applicable standards is discussed below: Standard "A" requires that the most restrictive residential zoning disfricf fhat is applicable given existing development patterns and typical lot sizes shall be applied to those areas identifred as "s#able" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. Planning & Zoning Board Staff Re{ -Meeting of January 28, 2008 City-owned parcel lying west of Or~~.drd Park -Rezoning from SAD to OSR Page 4 The subject parcel proposed for development is identified as "stable" on the Residential Neighborhood Categorization Map. The current zoning is SAD and the request before the Board is to change the zoning category to one identified in this standard. Further, the proposed zoning is more appropriate given its use and adjacent zoning categories. Standard "D" requires that the retuning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from fhe new use. The following table identifies the zoning designations and land uses that are adjacent to the subject property: Adjacenf Zonin Ad'acenf Land Uses: North SAD (Special Activities District} Midtown Delray West SAD (Special Activities District} Midtown Delray East OSR (Open Space and Recreation} Orchard View Park South CF Communit Facilities Orchard View Elements School The zoning change will not hinder development or redevelopment of nearby properties. The existing adjacent land uses will not be negatively impacted by the proposed rezoning and it will not have a significantly detrimen#al effect upon the stability of the neighborhood, nor hinder development ar redeve[opment of nearby properties. As demonstrated above, this request does not result in an incompatible land use, thus, the proposed zoning request can be found to be in compliance with LDR Section 3.2.2(D}. ..-. ". ....-,. _r....». Y.-~. ~.~~ ;.-z_~rr"tr. F'.~SS- .. r T. } ~ ~~. '~v, _' :~,. ,.sir.' ~. -:~.`'-:Je.~7,......_--z' e-~k. ~~=.s-1..:a~-°*'. a .. ._. :, .. x ,..._ .,.. The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency}. Courtesy Notices: A special courtesy notice was provided to the following homeowners andlor civic organizations. • Neighborhood Advisory Council • Verona Woods • Shady Woods • Spanish Wells • Rabbit Hollow • Fox Chase • Andover • Oakmont Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of abjection andlor support, if any, will be presented at the Planning and Zoning Board meeting. Planning & Zoning Board Staff Rer ~ -Meeting of January 2$, 2at78 City-owned parcel lying west of Orc,,.erd Park -Rezoning from SAD to OSR Page 5 ~. ~ q:SF:~iE~~-~5~1VM1~€ N T~ N p` C 0,1~ C L "U S I G N ._ ~._..;... Positive findings can be made with respect to LDR Section 3.'1.1 (Required Findings}, LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5{D){5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, rezoning the subject property from SAD (Special Activities District} to OSR (Open Space and Recreation} is recommended for approval, based upon the findings outlined herein. . r - ~ ~- ti A. Move a recommendation of approval to the City Commission for the rezoning from SAD (Special Activities District} to OSR (Open Space and Recreation}, by adop#ing the findings of fact and law contained in the staff report, and finding that the request and approval thereof is carrsrsfent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations. B. Move a recommendation of denial to the City Commission for the rezoning from SAD (Special Activities District} to OSR (Open Space and Recreation}, by adapting the findings of fact and law contained in the staff report, and finding that the request is incansisfent with the Gomprehensive Plan and does not meet the criteria set forth in LDR Sections 2.4.5{D}(5), 3.1.1, and 3.2.2 of the Land Development Regulations. G. Move to postpone and continue the request to rezone the SAD (Special Activities District) to OSR {Open Space and Recreation) with di~ecfion. ,. ,., ~ . ~ - ~- _ ~r_~ s,..,~ - Recommend approval to the City Commission of the rezoning from SAD (Special Activities District) to OSR {Open Space and Recreation}, by adopting the Endings of fact and law contained in the staff report and finding that the request and approval thereof is consisfenf with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5{D){5), 3.1.1 and 3.2.2 of the Land Development Regulations. Reparl prepared by: Candi N. Jefferson, Senior Planner Attachments: ^ Legal Description and Sketch * Zoning District Map ^ Location Map CliRlSF 7NE KfNC MONASTERY LAKEVlEW OF GOLF COURSE ST. CLARE E LAKEVI1EW DRIVE L PALM FOREST OA1VE NORTH ARFLlA ORiVE NORiN _.. _ SHADYWO RAY c ~E~` c~rvrER J FO EST ~ DRIVE SODS AREUA ~ DRIVE a 0. ~ ~ W L I N TON B O U L E VAR d ~ CANAL L-36 n S ~~ ~R/~NROI~yO TEMPLE ORIVE - STA. i;~R~~N Tpy~,N ~5 RogQ 6L05501~ DR. r a z ~ m p m PARK Z n LAKELAND DRIVE to ORCh'ARD VfEW O z° ELEMENTARY SCNddL ~ v ° J yR~~C~A p(T1~ HAMMOCK R - r a 2 N CITY OWNED PARCEL LYING WEST OF -~'- suB~l;T ORCHARD VIEW PARK PROPERTY PLANNING 0£PARTMENT LOCA~fOIV MAP qTY OF DELRAY BEACIi, FL -- DIClTAL BLSE MAA .SYSTEdd -- MAP REF: 5:\Plagnigg do Zoning\OBNS\/le-Cob\Z-LM 5001 -1500\41A1054_City Owned Poreq_West of Orchafd Par4c N CITY; OWNED PARCEL LYING WEST OF -+,,,~- ~,B~~~T ORCHARD VIEW PARK PRQPERTY PuNNlNG DEPAftiAAENT ZONING MAP GiY L7F DELRAY BEAC77, 1=L -- DM?AL 9A56 AGW SYSIFM -- NAP REF: 5:\Planning k Zorvng\DBAtS\Fle-Cab\2--1A1 1007-1500\Ll~[7 o54_[i!y awned varce!_wtsc er vrcnora rant . ,. . Q'BR~Ehl, 5ulT~R & Q'gR{EF~1,~ tNC. Land Surveyors 7601 N. ;EpEiAL HIGHWAY DELRkY afA{tl. lLOR1DA ]3~ES DESCx~TTON: . n~• Y _~~- oElo~r :ra.~sol 6flYMON 1]I•~II'9 T1iAT,I' 4F SECTidN 25, TOWNSIiiP 4G SaU'1~, RANGE A2 EAST, PALM I3EAC[i CQY, RiDA. UESCRtBEI7 AS FOLLOWS: CV v ~ A~ THE NORTHWEST CORNER OF' THE PLAT OF FOXE CHASE, ACCO ~ . O THE PLAT TFI~QF AS RECORDED IN PLAT SOCK 38, PAGES ] AND 2 D 5 , ~ ~U~I~C RECC3RD8 QF PALM REACH ~DUNi"Yt FLORIDA; TEIENCE S.1°07'33"LANG THE; WEST LINE OF SAID PLAT Ol± FC~YE TRACE, A DISTANCE C3F 707.79 FEET'' ~ CE S.SS°52'27"~1., A DISTANCE OF S4p.0I? SET T[~ ~'1-iE POINT bF SEG NCE CONTINUE 5.88°52'27"W, A DISTANCE OF I40.Oa FEET; Tf i1;NCE N.1 °07, ~ •, A DISTANCE OF 116.72 FEET TO A PAINT ©N A [:URVE CONCAVE TO TAB E/~T AND HAVING A CENTRAL ANGLE GF' X15°OE~`n[l" r1ND A RADIUS OF 380. f THENCE NURTHEA3TERLY ALONG T~ ARC QF SAI.C3 CURVE A ~7ISTAN 98.5 FEET;'THENCE Ti.43°52'2T'E., A AISTAIICE OF 146.E 5 FEET; THENCE S.I t~'3")w;, A DISTANCE OF 14.32 FEET; TF~NCE 5.43°52'Z7"W., A DISTANCE OF 212.I3~~'~NCE 5.1°07'33"E., A DISTANCE OF 36(}.130 FEET TO THE POINT OF HEG CpNi'AWING 31,424 SQi1~~~T OR 0-7214 ACRES MflItE OR LESS _~ ' ~~ ~~~~ ~ ~` f ~"} ~~, f mow` `f f ~/`_ff ~I ~~~~ ~ r~t."i f~ \,,T, SHEET 1 QF 2 nnnrn ran n~ ~'~"^" ...-~. . ;•. - r` a .~~~ ~ ~~#~ --~ ~, r. ~ . ~~ ~y~z.. ...~ ~f----. _ _ . __._~.. ~. ND TES: FHIS !S NO7 A SURVEY THE WEST LINE QF FLAT C1F FORE TR~GE !5 ASSEJhfEU' TO BEAR S.1°D7'3.~ E ro6t rtr1YE'Sr COU7lYER flF PLAT DF F'DXE P1ieSGF .. .~ ~x~rcx of c~$cR~~r~o~v ~. .~~ ~ scRran .,.~~. o.....rs~r Ytr YDR ~ ArAAPfR flllf s.es~~rz~'r~ roo.a' p raPrr~rr ~ o~c aural x opt r~ .~e+L V i~a ; L- V .L~ ~~ 1 • ~ ~~ 1'~ 4~r\L y LL u1 F ~ •w• .ems: .r ~~ S~~ V ~.VV~Ti 1.1 k a_ 5.?*07 ;J3'c. 1 ,J MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: January 31, 2008 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF.FESRUARY 5, 2008 ORDINANCE N0.07-08 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations to increase two specific land development application fees pursuant to LDR Section 2.4.5(M). BACKGROUND This proposed amendment is to Section 2.4.3 {K)(1) which outlines the current fee schedules for "Development Applications" and is limited to two specific fees, the first relates to extension requests for previously approved projects which have both a conditional use and site plan approval and the second is to fees charged for review of single family homes in the North Beach and Seagate overlay districts. The first change would require a separate fee for both the Conditional Use extension request and Site Plan extension request when associated with a single project. These extension requests require separate review, preparation of reports to two separate Boards, and staff preparation and presentation before each Board. Given this level of processing it appears appropriate to charge a fee for each action. The second change increases the overlay fee commensurate with the addition of a concept plan fee. The current fee only covers what Urban Design Studio charges the City. No fees are submitted for City staff review, or transmittal of plans by FedEx to Urban Design Studio. The level of review and work. is consistent with the concept plan review and this proposed change will increase the current fee by that amount. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on January 28, 2008. No one from the public spoke on the issue. The Board unanimously recommended approval on a 6 to 0 vote by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 07-08 for aCity-initiated amendment to the Land Development Regulations Section 2.4.3(K)(1) regarding increases of specific Land Development Application Fees by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5 (M) of the Land Development Regulations. ORDINANCE NO. 07-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES", SUB-SUBSECTION 2.4.3(K)(I}, "DEVELOPMENT APPLICATIONS", TO PROVIDE FOR AN INCREASE IN CERTAIN DEVELOPMENT APPLICATION FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on .lanuary 28, 2008, and voted 6 to 0 to recommend that the changes be approved; and WHF,REAS, pursuant to Florida Statute 163.3I74(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAiNE.D BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l . That the recitations set forth above are incorporated herein. Section 2. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(K), "Fees", Sub-subsection 2.4.3(K)(1), "Development Applications", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (1)Develo meat A lications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (a) Comprehensive Plan Amendment $ 2,500 (b) Review of a ADA/DRl $ 3,640 Modification ofa DRI $ 1,215 (e) Voluntary Annexation with Zoning $ 1,105 (4) (d) Rezoning of Land $ 2,000 (e) Modification of a SAD Ordinance to add a use or uses $ 2,000 (f1 Conditional Uses, New Application $ 1,500 Modification requiring Board Review $ 6l0 (g) Master Plans $ 1,2lS (1) Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4. I (B)] $ 610 (i) SirnilarityofUse $ 305 (j) Site Plan Review: Class 1 (Non-impacting Modification) $ 110 Class Ii (Non-Impacting with Board Review) $ 225 Class III {Minor Modilication) $ 550 (1) ClasslV (MajorModifcation) $ 415 {1) Class V (New Submission) $ 1,215 (1) (!c) Extension requests for a previously approved $ 610 conditional use or site plan {~e~}~two e~fees-mare required if both items are being extended for one project) (I) Plats Minor Subdivision $ 915 (l) Major Subdivision $ 1,825 (1) Plat Recording Fee (3) {m) Abandonments Right-of--way $ 750 General Easements $ 370 2 ORD. NO. 07-08 Specific Easements $ 1$5 (n} Master Sign Program $ 150 (o) Variances Board of Adjustment $ 500 Historic Preservation Board $ 250 (p) Formal interpretation by the Board of Adjustment $ 60 (per item} $ 60 (q} Certificate of Appropriateness by Board Alterations and/or Repairs $ 60 (2) New Construction and Additions $ 555 {1) Demolition and Relocation $ 555 (r) Certificate of Appropriateness by Administrator $ 0 (s} Request for Historic Designation $ b0 (t) Hearing before the Board of Adjustment $ 60 {per item) $ 60 {u} Temporary Use Request involving City Commission $ 130 Action (v) Water Service Agreement Request - - without concurrent site plan $ 130 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Change $ 1,500 (x) Waivers and Internal Adjustments $ 130 per request (6) $ 250 per request (7) (y) Appeals by Applicant $ 335 (8) (z} Advertising {9) (aa) Zoning Verification Letter $ 120 ouo. No. a~-os (bb) Single Family Overlay District Site Plan Review $ $~8 1460 {1) (cc) Application Fee for In-Lieu Of and Public Parking Fee ~ $ 225 (10) Requests NOTES: (1} Plus an additional fee of $104 per acre, or any fraction thereof, beginning at 3.01 acres, up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which may be applicable to the request. (3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Beach County, payable to Palm Beach County. {4) Fee may be waived by the City Manager, for properties that have already been developed, or for sites under one (l) acre in size. (5) Same fee that would apply far sike plan modification. {6) For requests made during the site plan /master plan review process. (7} For requests made subsequent to the site plan 1 master plan review process. (&} Includes appeals of both administrative decisions and Board actions. (9) The Applicant steal! be responsible for all advertising fees including newspaper publications. The applicant shall provide pre-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days (4) prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid. In the event such postponement results in additional mailing or publication costs, the applicant shall be responsible for the additional fees. (! 0) if approved, this fee will be credited toward the associated site plan modification. (1 ] } Recording fees of any documents shall be paid by the Applicant. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 4 ORD. NO. 07-08 Section 5. That this ordinance shalt 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 , 200_ ATTEST MAYOR City Clerk First Readin Second Reading ORD. NO. 07-08 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JANUARY 28, 2408 AGENDA NO: IV. D. AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.3(K)(1) TO INCREASE SPECIFIC DEVELOPMENT APPLICATION FEES. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) to increase specific land development application fees pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND AND ANALYSIS During the process to change the fee schedule in 2003, the City Commission directed staff to process changes as needed every two years. In 2005, and again in 2007 LDR amendments were processed that increased the development• application fees by 5%. In addition, the proposals, included significant adjustments for processes that were undervalued such as requests for zoning verification letters and included a new fee for a Certificate of Appropriateness (COA) as it related to demolitions, new construction and additions in historic districts that required Board review. in 2007 larger increases were also adopted for Amendments to the Comprehensive Plan, Rezoning, Amendments to the Land Development Regulations, Conditional Uses, Abandonment of rights-of-way and Variances. The proposed changes also included a new fee for advertising costs that required the applicant to pay for all the adverkising casts, including newspaper publications, and to provide self-addressed envelopes with the required postage for mailed notices prior to the hearing before a Board or the City Commission. This is a common requirement of other municipalities. In 2007 an increase from $750.00 to $850.00 for review of single family homes within the North Beachl5eagate and Ocean Neighborhood Overlay Districts was also proposed to reflect increases proposed in the renewal contract agreement between the City and Urban Design Studio. This fee is directly passed through to Urban Design Studio and the City retains no fees for their review. This proposed amendment is to Section 2.4.3 (K}(1 }which outlines the current fee schedules for "Development Applications" and is limited to two specific fees, the first relates to extension requests for previously approved projects which have both a conditional use and site plan approval and the second is to fees charged for review of single family homes in the North Beach and Seagate overlay districts. The first change would require a separate fee for both the Condtional Use extension request and Site plan extension request when associated with a single project. These extension requests require separate review, preparation of reports to two Planning and Zoning Board Memorandum Staff Report -January 28, 2008 LDR Text Amendment -Land Development Application Fees separate Boards, and staff preparation and presentation before each Board. Given this level of processing it appears appropriate to change a fee for each action. The second change increases the overlay fee commensurate with the addition of a concept plan fee. The current fee only covers what Urban Design Studio charges the City. No fees are submitted far City staff review, or transmittal of plans by FedEx to Urban Design Studio. The level of review and work is consistent with the concept plan review and this proposed change will increase the current fee by that amount. Pursuant to LDR Section 2.4.5{M){5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. RECOMMENDED ACTION By motion, recommend to the City Commission approval of the amendments to the Land Development Regulations Section 2.4.3(K)(1) regarding specific increases specific Land Development Application Fees, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Developmen# Regulations. Attachment: ^ Proposed Text PROPOSED TEXT AMENDMENT Section 2.4.2 Notice Re uirements: The City Commission, the Planning and Zoning Board, and other Boards which are involved with the implementation of these Land Development Regulations shall conduct meetings and shall provide public notice of their tentative actions pursuant to this Section. All costs incurred by the City for advertising, providing notice and recording of any documents shall be paid by the Applicant. Section 2.4.3 {K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. [Amd. Ord. 46-95 9!5!95] (1 } Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. Fees amended by jOrd. 47-07 10-16-07]; jOrd. 44-07 9/18/07]; jOrd. 25-07 8/21/07]; jOrd. 49- 05 8/?6/05]; jOrd_ 68-04 1/4/05]; jOrd. 13-03 6/97!03); jOrd. 50-97 11/18/97]; jOrd. 46-95 9/5/95) {a) Comprehensive Plan Amendment $ 2,500 (b} Review of a ADAIDRI $ 3,640 Modification of a DRI $ 1,215 (c) Voluntary Annexation with Zoning $ 1,105 (4) (d} Rezoning of Land $ 2,000 {e) Modification of a SAD Ordinance to add a use or uses $ 2,000 (f) Conditional Uses, New Application $ 1,500 Modification requiring Board Review $ 610 (g) Master Plans $ 1,215 (1} Master Plan Modification (5) (h} Formal review of a Sketch Plan [Section 2.4.1(B}] $ 610 {i) Similarity of Use $ 305 (j) Site Plan Review: Class I (Non-Impacting Modification) $ 110 Class II (Non-Empacting with Board Review) $ 225 Class 111 (Minor Modification) $ 550 (1) Class IV (Major Modification) $ 915 {1) Class V (New Submission) $ 1,215 (1} (k) Extension requests for a previously approved $ 610 conditional use or site plan {eaty-two en~fees~are required if both items are being extended for one project) (I) Plats Minor Subdivision $ 915 (1) Major Subdivision $ 1,825 (1) Plat Recording Fee {3} (m) Abandonments Right-of-way $ 750 General Easements $ 370 Specific Easements $ 185 {n) Master Sign Program $ 150 (o) Variances Board of Adjustment $ 500 Planning and Zoning Board Memorandum Sta#F Report LDR Text Amendment -Land Development Application Fees Historic Preservation Board {p) Formal interpretation by the Board of Adjustment (per item) {q} Certificate of Appropriateness by Board Alterations andlor Repairs New Construction and Additions Demolition and Relocation {r) Certificate of Appropriateness by Administrator (s) Request for Historic Designation {t) Hearing before the Board of Adjustment (per item} {u) Temporary Use Request involving City Commission AGtIDn {v) Water Service Agreement Request - - without concurrent site plan - - with concurrent site plan {w) Land Development Regulations Text Change (x) Waivers and Internal Adjustments (y) Appeals by Applicant (z) Advertising (aa) Zoning Verification Letter (bb) Single Family Overlay District Site Plan Review (cc) Application Fee for In-Lieu Of and Public Parking Fee $ Requests [Amd. Ord. 80-06 112107 NOTES: $ 250 $ 6D $ 60 $ 64 {2) $ 555 (1} $ 555 $ 0 $ 6D $ sa $ 60 $ 130 $ 130 $ 0 $ 1,500 $ 130 per request (6) $ 250 per request (7} $ 335 (8) {9) $ 120 $ ~B 1460 (1) 225 (10} (1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to a maximum of $3,000 per project. [Amd. Ord. 50-97 11118197]; [Amd. Ord. 4fi-95 9!5195] {2) This fee shall be credited against any other processing fee which may be applicable to the request. (3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Beach County, payable to Palm Beach County. [Arad. Ord. 46-95 915195] (4) Fee may be waived by the City Manager, for properties that have already been developed, or for sites under one (1) acre in size. [Amd. Ord. 50-97 11118197] (5) Same fee that would apply for site plan modification. [Amd. Ord. 50-97 11118197] (6) For requests made during the site plan 1 master plan review process. [Amd. Ord. 50-97 11 M 8197] {7) For regoests made subsequent to the site plan 1 master plan review process. [Amd. Ord. 50- 97 11118197] (8) Includes appeals of both administrative decisions and Board actions. [Amd. Ord. 50-97 11118197] {9} The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide pre-addressed envelopes with the required postage for mailed notices. if the required advertising fees are not paid at least four days (4} prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid. In the event such postponement results in additional mailing or publication costs, the applicant shall be responsible for the additional fees. [Ord. 44-07 9118107]; [Amd. Ord. 25-07 08121!07]; 2 Planning and Zoning Board Memorandum Staff Report LDR Text Amendment -land Devekopment Application Fees [Amd. Ord. 50-97 11!18197] (10) If approved, this fee will be credited toward the associated site plan modification. [Amd. Ord. 80-06 112107] {11) Recording fees of any documents shall be paid by the Applicant. [Amd. Ord. 25-07 0$121!07] January 24, 20118 iJ MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attomey THROUGH: City Attorney DATE: January 30, 2008 SUBJECT: AGENDA ITEM I2.D. - REGULAR.COMMISSIQN MEETING OF FEBRUARY 5, 2008 ORDINANCE N0.10-08 ITEM BEFORE COMMISSION This item before the Commission is Ordinance 10-08 which enacts Chapter 94 of the City Code regarding rules and fees for the municipal cemetery. BACKGROUND The City recently took over the management of the municipal cemetery and in the process City staff reviewed the existing rules and fees regarding the cemetery. The attached ordinance provides that the Commission shall adopt rules and fees for the cemetery by resolution. After passage of this ordinance on second reading staff will bring forward revised rules and fees to be adopted by the Commission. RECOMMENDATION Staff recommends approval of Ordinance 10-08. ORDINANCE NO. 10-08 AN ORDINANCE OF THE QTY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CREATING CHAPTER 94, M[.TNiCTPAL CEMETERY" OF THE CODE OF ORDINANCES BY ENACTING SECTION 94.01, "AUTHORITY", TO PROVIDE FOR RULES AND FEES FOR THE MUMCIPAL CEMETERY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City wishes to adopt rules and fees regarding the Delray Beach Memorial Gardens Municipal Cemetery. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 94, "Municipal Cemeter~', of the Code of Ordinances is created by enacting section 94.01, "Authorit~', to read as follows: CHAPTER 94. MUNICIPAL CEMETERY Sec. 94.01. AUTHORITY Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or wprd 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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST: MAYOR City Clerk First Reading Second Readin ORD. NO.30-07