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08-19-08 Agenda Reg
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CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/CHAZ EQUIPMENT COMPANY, INC./WEST ATLANTIC WATER MAIN PROTECT: Approve a Contract Closeout (Change Order No. 2/Final) in the amount of $43,862.46 decrease and final payment amount of $14,765.25 to Chaz Equipment Company, Inc. for the completion of the West Atlantic Water Main Project. Funding is available from 441-5161-536-65.24 (Water/Sewer Fund/Other Improvements/W. Atlantic Ave. Phase III). E. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/WEST CONSTRUCTION, INC.:Approve Contract Closeout (Change Order No. 1/Final) in the amount of $52,323.08 decrease and final payment in the amount of $20,330.48 to West Construction, Inc. for the completion of the Lindell Boulevard Traffic Calming Project. Funding is available from 334-3162-541-65.78 (General Construction Fund/Capital Outlay/Traffic Calming Lindell Blvd.) and 448-5461-538-65.78 (Storm Water Utility Fund/Other Improvements/Lindell Blvd.). F. CONTRACT CLOSEOUT/FINAL PAYMENT/THE BG GROUP, LLC: Approve a Contract Closeout and final payment in the amount of $80,144.60 to The BG Groin, LLC, for the completion of the Carver Estates Demolition Project. Funding is available from 118-1960-554-34.36 (Neighborhood Services/Other Contractual Services/Carver Estates Demolition). G. SERVICE AUTHORIZATION NO. 04-09.1/CH2M HILL, INC.,/DESIGN OF NEW SLUDGE THICKENER UNIT:Approve Service Authorization No. 04-09.1 in the amount of $28,179.00 to CH2M Hill, Inc. for additional professional engineering services relating to the design of the new 40' diameter lime sludge thickener unit. Funding is available from 441-5161-536-68.43 (Water & Sewer Fund/Improvements Other/Slude Thickener). H. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/ANTENNA ON THE POLICE DEPARTMENT TOWER: Approve an Interlocal Agreement between the City and Palm Beach County providing for the placement of an antenna on the City's communication tower located at Police Department in order to bridge the digital divide regarding the provisions of free Internet services to qualifying families. Palm BeachCounty shall pay for all installation, repair and maintenance costs associated with the antenna. Palm Beach County will not be charged any rental fee and the City shall pay the minimal utility costs for the antenna. L RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the reappointments of Mr. Fran Marincola and Mr. Herman Stevens, Downtown Development Authority Representatives and Mr..Toseph Pike, Planning and Zoning Board Representative to the Parking Management Advisory Board for terms ending .Tuly 31, 2010. J. RESOLUTION NO. 34-08/ABANDONMENT OF EASEMENT/SHERWOOD HONDA: Approve and adopt Resolution No. 34-08 abandoning a utility easement located west of U.S. Highway No. 1 within the Sherwood Honda Property at 3000 South Federal Highway to accommodate the installation of parking, landscaping and other structures associated with the construction of a bullpen parking area for the dealership. K. AMENDMENT NO. 1/eCIVIS, INC.: Approve Amendment No. 1 to the agreement between the City and eCivis in the amount of $29,870.00 to renew the contract for one ~) vear. Funding will be available from 001-1111-511-31.90 pending budget transfer. L. GENERAL RULES OF PROCEDURE OF THE HISTORIC PRESERVATION BOARD: Approve the revised Historic Preservation Board Rules to include the quasi- .Tudicial Procedures, and the reference to appealing variances to Circuit Court is not eliminated in light of the new ordinance the City Commission recentlypassed. M• FIRST AMENDMENT TO FUNDING AGREEMENT/DELRAY YOUTH VOCATIONAL CHARTER SCHOOL: Approve the First Amendment to the funding agreement with DelrayYouthVocationalCharterSchool to include authorization to purchase program equipment, books and curriculum for students attending the charter schools. No additional funding will be allocated for this agreement. N. FIRST AMENDMENT TO FUNDING AGREEMENT/CHILDREN LEARNING AFTER SCHOOL SESSIONS: Approve First Amendment to the funding agreement with Children Learning After School Sessions (CLASS) to include authorization to pay stipends to volunteer tutors for CLASS and to amend the language in number two (2~, Paragraph four (4~ under "Purpose of Work" to read as the period covered March 04 -September 25, 2008. No additional funding will be allocated for this agreement. O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 4, 2008 through August 15, 2008. P. AWARD OF BIDS AND CONTRACTS: 1. Contract award to H & .T Contracting, Inc. in the amount of $95,135.10 for modification and installation of drainage; repairing of root damaged areas, asphalt overlay, parking lot re- striping; and the installation of landscaping and irrigation at the Delray Swim & Tennis Center East Parking Lot. Funding is available from 117-4133-572-65.57 (Recreation Impact Fee Fund/Capital Outlay/Swim & Tennis Parking Lot). 2. Bid award to Fast Dry Courts in the amount of $42,700.00 for drainage improvements at the Delray Swim and Tennis Club and the Tennis Center. Funding is available from 117-4133-572- 63.90 and 117-4145-572-63.90 (Recreation Impact Fee FD/Improvement Others). 3. Purchase award to Garber Chevrolet in the amount of $17,310.00 via the Florida Sheriff's Association Contract #07-15-0827, Specification #4for the purchase of one (~ 2008 Chevrolet Impala Admin Package with options and warranty for the Police Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). REGULAR AGENDA: A• APPEAL OF HISTORIC PRESERVATION BOARD DECISION/36 S.E. 1sT AVENUE: Consider an appeal of the Historic Preservation Board's decision regarding the Certification of Appropriateness (COAL, Class V Site Plan Application, and associated waiver and variance requests for the new construction of a two-story office building located at 36 S.E. 1St Avenue, Old School Square Historic District. (Quasi-Judicial Hearing) B. APPEAL OF SITE PLAN REVIEW AND APPERANCE BOARD DECISION/ MAROONE DODGE DEALERSHIP: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding condition of approval that photometric plans be provided, and lighting be installed under awnings associated with a Class I Site Plan Modification for the two Maroone Dodge sites located at 700 & 707 N.E. 6th Avenue.(Quasi-Judicial Hearing) C. WAIVER RE~UEST/ED MORSE TOYOTA: Consider a request for waiver of Land Development Regulations (LDR~, Section 4.6.70(7), "Sign Design Standards", allowing five ~) flat wall signs on the east elevation for Ed Morse Toyota located at 2800 South Federal Highway (Quasi-Judicial Hearing) D. DEVELOPER'S AGREEMENT/CANNERY ROW, LLC: Review of the Developer's Agreement between the City and Cannery Row, LLC for compliance with the terms of the Agreement executed May 8, 2007. E. PUBLIC COMMENTS/FY 2009 PROPOSED BUDGET: The City Commission will hear public comments, if and, regarding the FY 2009 Proposed Budget at this time. F. BID AWARD/WEST CONSTRUCTION, INC./LINTON BOULEVARD BRIDGE TENDER HOUSE RENOVATIONS: Consider approval of a bid award to West Construction, Inc. second low bidder, in the amount of $208,010.00 for Linton Boulevard Bridge Tender House Renovations. Funding is available from 334-3162-541-46.05 (General Construction Fund/Public Works Road & Streets/Linton Blvd Tender House). G. SELECTION OF EAGLE NEST HOMEBUYER: Consider the selection of a first, second and third ranked applicant so that the Neighborhood Services Division may secure a buyer for the Eagle Nest home located at 46 N.W. 12th Avenue. H. OLD SCHOOL S~UARERETAIL SPACE/LETTER OF INTEREST/ARTIST ENRI~UE MARTINEZCELAYA: Provide direction regarding a letter of interest from Artist Enrique Martinez Celaya for the sale of the Old School Square Retail Space. 1. CONTRACT AWARD/COASTAL COMMERCIAL GROUP/REAL ESTATE BROKERAGE AND MARKETING SERVICES/OLD SCHOOL SQUARE RETAIL SPACE: Consider approval of a contract award to Coastal Commercial Group in an amount of $5,674.00 to $11,564.00 plus postage costs for real-estate brokerage and marketing services for the Old School Square retail space. Funding is available from 380-4150-572-31.90 (2004 G.O. Bond/Professional Services/Other Professional Services). COMMISSION LIAISON APPOINTMENTS/SEAT #4: Discussion regarding City Commission Seat #4 Liaison Appointments to various Advisory Boards and outside agencies. J. SELECTION OF NEW DEPUTY VICE MAYOR: Select a new Deputy Vice Mayor to serve until March 26, 2009. K. RESOLUTION NO. 35-08: Consider approval of Resolution No. 35-08 amending Resolution No. 55-07 adopted September 18, 2007, Resolution No. 16-08 adopted May 6, 2008 and Resolution No. 24-08 adopted .Tuly 1, 2008, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach, Florida, for FY 2007/2008, by setting forth the anticipated revenues and expenditures for the operating revenues and expenditures for the operating funds for the City FY 2007/2008. L. APPOINTMENT TO THE BUDGET TASK FORCE: Appoint one ~) alternate member to the Budget Task Force to serve an unexpired term ending .Tuly 31, 2009. Based upon the rotation svstem, the appointment will be made by Commissioner Eliopoulos (Seat #1). M. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint five (5) regular members to the Site Plan Review and Appearance Board to serve two ~) vear terms ending August 31, 2010. Based upon the rotation system, the appointments will be made by Mayor Ellis (Seat #5~, Commissioner Eliopoulos (Seat #1~, Commissioner Fetzer (Seat #2~, Commissioner McDuffie (Seat #3) and Commissioner Bernard (Seat #4~ N. APPOINTMENTS TO THE BOARD OF AD.TUSTMENT:Appoint three ~) regular members and two ~) alternate members to the Board of Adjustment to serve two ~) vear terms ending August 31, 2010. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1~, Commissioner Fetzer (Seat #2) and Commissioner McDuffie (Seat #3~ 10. PUBLIC HEARINGS: A. ORDINANCE NO. 36-08 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) by amending Section 1.3.8, "Reconstruction Necessitated by an Act of God", Subsection (A) to provide for the ability to rebuild the pre-existing square footage in additional circumstances in the event of destruction by an act of God. B. ORDINANCE NO. 34-08 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) amending Section 4.6.7, "Signs", Subsection (H~, "Exempt Signs", Sub-subsection (10~, "Temporary Signs", to clarify when temporary non-commercial signs placed on the public right-of-way or on private property require the owner's permission. C. ORDINANCE NO. 33-08 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A~, "Defined" and Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.10.), "Southwest Neighborhood Overlay District," to modify the description and provide for expansion of the Southwest Neighborhood Overlay District. D. RESOLUTION N0.33-08/QUIT CLAIM DEED/AUBURN TRACE LTD.:Consider approval of Resolution No. 33-08 authorizing the City to release any interest that it has in the real property located in the vicinity of the Auburn Trace Development. 1. ACCEPTANCE OF AN EASEMENT DEED/AUBURN TRACE LTD: APproveand accept an easement deed granting the City the right to maintain construction and locate its lift station on Tract F of the Auburn Trace Plat. 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 inquires. B. From the Public. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission AUGUST 5, 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 6:00 p.m., Tuesday, August 5, 2008. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie B. McDuffie Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Deacon Nick Nowak with St. Vincent's Ferrer Catholic Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis stated due to a request from the applicant Item 9.C., Conditional Use Request/Church of God of Delray has been postponed. Mr. Eliopoulos requested to move Item 8.F., Contract Addition/Glattin~ Jackson Kercher Anglin/Old School Sauare Park Expansion Project of the Consent Agenda to the Regular Agenda as Item 9.A.A.A., Item 8.G., Florida Division of Emer~encv Management/Old School Sauare Window Reulacement to the Regular Agenda as Item 9.A.A.A.A., and Item 8.Z.2., Award of Bids and Contracts to the Regular Agenda as Item 9.A.A.A.A.A. Also, Mr. Eliopoulos requested to move Item 9.E., Auuointment of Person to Fill Unexuired Term of Commissioner Montague to Item 9.A.A. Mr. McDuffie moved to approve the Agenda as amended, 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. 08/05/08 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Regular Meeting of July 15, 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. Mr. Eliopoulos moved to approve the Minutes of the Special Meeting of July 22, 2008, 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. McDuffie moved to approve the Minutes of the Special Meeting of July 29, 2008, 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. 6. PROCLAMATIONS: 6.A. Florida Water Professional Week - August 4-8, 2008 Mayor Ellis read and presented a proclamation hereby proclaiming the week of August 4-8, 2008 as Florida Water Professional Week in the City of Delray Beach. Richard Hasko, Director of Environmental Services, came forward to accept the proclamation. Mr. Hasko noted that Mr. Vincent Munn and Pat Lyles were not present initially. However, they came to the meeting at 7:00 p.m. because they were told the incorrect time per their superiors. 6.B. Fire Fighter Appreciation Month - August 2008 Mayor Ellis read and presented a proclamation hereby proclaiming the month of August 2008 as Firefighter Appreciation Month in Delray Beach, Florida. She presented the proclamation to Brandy Miller of the Muscular Dystrophy Association. John Tomaszewski, Assistant Fire Chief, came forward to accept the proclamation. 7. PRESENTATIONS: 7.B. RESOLUTION NO. 22-08: Approve Resolution No. 22-08 recognizing and commending Ellen Wickert for 35 years of dedicated service to the City of Delray Beach. -2- 08/05/08 The caption of Resolution No. 22-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ELLEN WICKERT FOR THIRTY-FIVE YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 22-08 is on file in the City Clerk's office.) Mr. Fetzer moved to approve Resolution No. 22-08, 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. 7.C. Plaque uresentation to Chief Schroeder Mayor Ellis read and presented a plaque to Chief Larry Schroeder. Chief Schroeder came forward to accept the plaque and gave a few brief comments. Chief Schroeder thanked the Commission and the City Manager for their support and leadership over the years. He stated it was an honor and pleasure to serve the City of Delray Beach for nearly 30 years and he looks forward to continuing to be a small part of making Delray Beach better from a different viewpoint. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR SIDEWALK DEFERRAL/590 S. OCEAN BOULEVARD: Approve a request to defer the installation of a sidewalk along Bucida Road for property located at 590 South Ocean Boulevard. 8.B. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/135 N.E. 1sT AVENUE: Approve and accept aright-of--way deed between the City and Maria C. Robles, associated with the improvements at 135 N.E. 1st Avenue, located at the southeast corner of N.E. 1st Avenue and N.E. 2nd Street, within the Old School Square Historic District. 8.C. ACCEPTANCE OF WATER EASEMENT DEED/5TH AVENUE AT DELRAY BUILDING: Approve and accept a water easement deed for installation of a fire hydrant on the west side of N.E. 5th Avenue for the 5th Avenue at Delray Building. 8.D CONTRACT CLOSEOUT (C.O. NO. 1/FINALI/WEST CONSTRUCTION INC./ENVIRONMENTAL SERVICES ADMINISTRATION FACILITY: Approve a Contract Closeout (C.O. No. 1/Final) in the amount of a $92,025.93 decrease, and final payment in the amount of $74,201.17 to West Construction Inc. for the completion of the Environmental Services Administration -3- 08/05/08 Facility. Funding is available from 441-5161-536-62.32 (Water/Sewer Fund/Buildings/ESD Building Expansion). 8.E. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/RANDOLPH & DEWDNEY CONSTRUCTION, INC./FIRE STATION NO. 1 WIND RETROFIT: Approve a Contract Closeout (C.O. No. 1/Final) in the amount of a $10,000.00 decrease and final payment in the amount of $6,937.87 to Randolph & Dewdney Construction Inc. for the completion of the Fire Station #1 Wind Retrofit. Funding is available from 334-2311-522-62.87 (General Construction Fund/Buildings/Storm Hardening). 8.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 8.H. COMMERCIAL/INDUSTRIAL DEMAND REDUCTION RIDER AGREEMENT/FLORIDA POWER & LIGHT COMPANY/POLICE DEPARTMENT: Approve a CommerciaUIndustrial Demand Reduction Rider Agreement between the City and Florida Power & Light Company, to allow the City to save approximately $4,742.00 on the annual cost of electricity for the Police Department. 8.I. ACCOUNT NUMBER CORRECTION/CSX TRANSPORTATION, INC.: Approve an account number correction for an agreement with CSX Transportation, Inc. in an estimated amount of $7,000.00 for preliminary engineering to extend the length of the gate arms at S.W. 10~ Street and Lake Ida Road to meet Federal Railroad Administration (FRA) Quiet Zone requirements. Funding is available from 334-3162-541-31.30 (General Construction Fund/Professional Services/Engineering/Architectural Services). 8.J. DEVELOPMENT-GULFSTREAM ROOFING/135 N.W. 5"' A Approval of an account number to a bid award with Stuart and Shelby Development- Gulfstream Roofing in the amount of $610,723.00 for the rehabilitation of 135 N.W. 5~ Avenue by the Community Redevelopment Agency (CRA). Funding is available from 118-1930-554-49.19 (Community Development Fund/Housing Rehabilitation). 8.K. SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT/DELRAY BEACH COMMUNITY LAND TRUST. INC.: Approve the Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust, Inc. for the purposes of subsidizing the costs associated with affordable housing units within the Community Land Trust. -4- 08/05/08 8.L. AMENDED AGREEMENT/GULFSTREAM GOODWILL INDUSTRIES: Approve an amended agreement between the City and Gulfstream Goodwill Industries for funding and acceptance of funds reducing the award amount from $70,730.00 to $46,730.00 for providing services to ex-offenders returning to targeted neighborhoods within the City of Delray Beach. 8.M. MOTOROLA SERVICE AGREEMENT: Approve a service agreement between the City and Motorola in the amount of $122,960.88 providing that Motorola will service the City's portable radios and the equipment used for the City's dispatch system FY 2009. Funding is available from various FY 08-09 departmental budgets. 8.N. RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the reappointments of Mr. Peter Arts, Community Redevelopment Agency Representative (alternate member) and Mr. David Cook, Chamber of Commerce Representative (regular member) to the Parking Management Advisory Board for terms ending July 31, 2010. 8.0. RESOLUTION NO. 30-08: Approve Resolution No. 30-08 assessing costs for abatement action required for the demolition of an unsafe structure located at 509 Curlew Road. The caption of Resolution No. 30-08 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 30-08 is on file in the City Clerk's -5- 08/05/08 8.P. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve an Interlocal Agreement between the City and Palm Beach County for increased patrol of the waterways for manatee protection. Palm Beach County will reimburse the City in the amount of $82.50 per hour of patrolling for this project. 8~. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a request for increased funding in the amount of $605.75 for a total of $37,130.00 for a housing rehabilitation project located at 712 S.W. 8~ Court. Funding is available from 118-1924-554-49.20 (Neighborhood Services/Other Current Charges/Homeowner Subsidy). 8.R. AMENDMENT NO. 2 TO INTERLOCAL AGREEMENT/PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM: Approve Amendment No. 2 to the Interlocal Agreement creating the Palm Beach County Workforce Development Consortium, allowing the consortium to provide direct services. 8_S. AMENDMENT NO. 1 TO MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT/BJCE, INC.: Approve Amendment No. 1 to the Municipal Golf Club and Lakeview Golf Club management agreement between the City and BJCE, Inc. dated October 1, 2004 extending the contract to September 30, 2012. 8.T. AMENDMENT NO. 1 TO THE TENNIS CENTER MANAGEMENT AGREEMENT/DUBIN AND ASSOCIATES: Approve Amendment No. 1 for the Delray Beach Municipal Tennis Center and Delray Swim and Tennis Club management agreement between the City and Dubin and Associates, Inc. dated October 1, 2004, extending the contract to September 30, 2012. 8.U. PARKING LICENSE AGREEMENT/THE AVENUE BAR & GRILL d/b/a 32 EAST: Consider approval of a parking license agreement with The Avenue Bar & Grill d/b/a 32 East which amends the language in Paragraph 16, "Assignment" to provide that the agreement may be assigned with the express written consent of the City Manager or his/her designee; and also combines the agreements entered into on April 1, 2007 and April 1, 2008 to provide for one complete agreement. 8.V. LETTER OF AGREEMENT WITH THE ANTI-DEFAMATION LEAGUE (ADL)/DIVERSITY MAP PROJECT: Approve a letter of agreement with the Anti-Defamation League (ADL) for funding in the amount of $5,000.00 in order to proceed with the Diversity Map Project. 8.W. SPECIAL EVENT REQUEST/14TH ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the 14~ Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held October 11-12, 2008 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.E. 2nd Avenue from the alley -6- 08/05/08 just north of Atlantic Avenue to approximately 400 feet north of N.E. 3rd Street, to utilize City Hall parking lot for vendor parking, to authorize staff support for traffic control and security; contingent on the receipt of a hold harmless agreement and the certificate of liability insurance. 8.X. SPECIAL EVENT REQUEST/9TH ANNUAL DOWNTOWN DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special event request for the 9 Annual Downtown Delray Beach Thanksgiving Weekend Art Festival to be held on November 29, 2008 through November 30, 2008 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of N.E. 2nd Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of N.E. 3rd Street, to utilize the City Hall parking lot for vendor parking, and to authorize staff support for traffic control, barricading, security, and Fire Inspector with the sponsor paying all overtime costs, contingent upon receipt of an executed hold harmless agreement and certificate of liability insurance. 8.Y. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 14, 2008 through August 1, 2008. 8.Z. AWARD OF BIDS AND CONTRACTS: 1. Bid award to BSA Corporation in the amount of $25,000.00 for the replacement of 5,400 1" x 1/4" bolts at the Tennis Stadium with stainless steel bolts. Funding is available from 334-4145- 572-46.90 (General Construction Fund/ Other Repair/Maintenance Costs). 2. Contract Award to J.W. Chetham, LLC. in the amount of $215,396.00 for construction of the Environmental Services Department new entrance. Funding is available from 441-5161- 536-68.24 (Water & Sewer Fund/ESD-Access Rd/Property Ln). 3. Purchase award to Agilent Technologies in the amount of $17,950.50 for the purchase of a Gas Chromatography Mass Spectrophotometer Analytical Instrument Upgrade for the Water Treatment Plant's Compliance Lab. Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal & Replacement Fund/Other Machinery and Equipment). 4. Purchase award to Digital Patroller in the amount of $48,625.00 for ten (10) digital in-car audio/visual recording systems for the Police Department. Funding is available from 334-2111-521- 64.90 (General Construction Fund/Other Machinery/Equipment). 5. Purchase award to Florida Bullet in the amount of $32,026.10 for the purchase of ammunition in preparation for next year's training and firearms qualifications for the Police Department. Funding is available from 001-2111-521-52.20 (General -7- 08/05/08 6. Purchase award to Mainline Supply Company in the amount of $42,767.20 for various piping materials to be installed by the City's in-house construction crew for the Palm Trail Neighborhood Water Main Improvement Project. Funding is available from 442-5178-536-65.73 (Water & Sewer Renewal & Replacement Fund/Other Improvements/Palm Trail Neighborhood). 7. Purchase award to Fluid Conservation Systems in the amount of $21,630.00 for water main leak detection equipment. Funding is available from 442-5178-536-65.73 (Water & Sewer Renewal & Replacement Fund/Repair & Maintenance Service/Other Repair/Maintenance Cost). Mr. Eliopoulos moved to approve the Consent Agenda as amended, 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. REGULAR AGENDA: 9.A.A. APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM OF COMMISSIONER MONTAGUE: Appoint a person to fill the unexpired term of Commissioner Montague (Seat #4) until the March 10, 2009 Municipal Election. Mayor Ellis asked the Commission to write down their number one choice and stated if we do not get three votes for the number one choice they will go to a second ballot. Mayor Ellis stated at this time the City Attorney will tally the votes and let the Commission know what the tally is. She stated it would need three votes to make a selection which the Commission would then move a nomination for. The City Attorney stated there are 2 votes for Mackenson Bernard, 1 for Herman Stevens, Jr. and 1 for Shelly Weil. The City Attorney briefly explained the point process and the Commission voted on the above listed names ranking them 1, 2 & 3. The City Attorney stated the second ballots worked out as follows: Mackenson Bernard three #1's, and one #2, Herman Stevens, Jr., one #l, two #2's, and one #3, Shelly Weil three #3's and one #2. The City Attorney stated based on the tally the consensus was that three Commissioners picked Mackenson Bernard as their number one choice. Mr. Fetzer moved to appoint Mackenson "Mack" Bernard to fill the unexpired term of Commissioner Montague (Seat #4) until the March 10, 2009 Municipal Election, 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. -8- 08/05/08 At this point, Mr. Bernard came forward and thanked the City Commission for giving him the opportunity to serve the citizens of Delray Beach. He stated his family moved to Delray Beach in 1986 from Haiti and the Commission has now given him the opportunity to give something back to Delray Beach. Mr. Bernard thanked the City Manager, the City Attorney, the City Commission and the 12 candidates who submitted their names who have braved the past three weeks and endured a lot of criticism. However, he stated after submitting their names he found out the one thing that was important was that they love Delray Beach. Mr. Bernard thanked God, his family, and his friends and he intends to provide justification for those of you who voted for him today. 9.A.A.A. CONTRACT ADDITION/GLATTING JACKSON KERCHER ANGLIN/OLD SCHOOL SQUARE PARK EXPANSION PROJECT: Approve a Contract Addition in an amount not to exceed $25,000.00 to Glatting Jackson Kercher Anglin for additional planning consulting services in conjunction with the Old School Square Park Expansion Project. Funding is available from 334-4151-572-63.59 (General Construction Fund/Improvements Other/Old School Square Park-Park Improvements). Richard Hasko, Director of Environmental Services, stated this item is a request to accept a contract addition for Glatting Jackson Kercher Anglin for the Old School Square Park Expansion Project. Mr. Hasko stated Glatting Jackson Kercher Anglin is the consultant for the project and they were selected through a consultant competitive negotiation process. He stated the original contract amount for the scope of the project was $128,500.00. The scope in the original contract took staff through a whole list of information gathering both from the standpoint of physical site information as well as input from a variety of stakeholders throughout the City. Mr. Hasko stated the consultant did individual interviews with an identified list of stakeholders and staff and from there an Agenda was developed for a subsequent all day Charrette. He stated between the interviews and the Charrette there was a session on soliciting public input on one of the evenings of Jazz on the Avenue. Mr. Hasko stated staff went through the process and also involved were some technical issues having to do with the stormwater management system that had to be resolved up front. Mr. Hasko stated they came back to staff with their proposal for the Master Plan and presented that to the Commission in February and that basically fulfilled the scope of services in that contract. He stated since that time, the City has had some feedback from some of the key stakeholders that they had some concerns about the Master Plan overall and how it affected their vision for the site. Mr. Hasko stated staff has exceeded the scope of the original project and additional services have been requested. It includes revisions to the Master Plan as discussed with key stakeholders and future meetings with those stakeholders as necessary to reach consensus as to the Master Plan and Phase 1 programming, including an additional presentation to the City Commission. Fees for the additional work will be invoiced on an hourly basis not to exceed $25,000.00. -9- 08/05/08 Mr. Eliopoulos expressed concern that when given a task and your paid for it the goal would be to try to satisfy the stakeholders to the best of your ability. Mr. Eliopoulos stated he has not heard any of the stakeholders are happy which mean we failed. Mr. Eliopoulos stated he is not sure if this means the consultant is not listening or is it that the stakeholders were not communicating. Mr. Eliopoulos commented about the scope of services and referred to Item 1.2 (Additional Professionals working on this). Mr. Eliopoulos stated he is assuming that all of the consultants have taken part in this first part and have actually interjected their thoughts on this. Mr. Hasko stated to some extent the consultants have done this. Mr. Eliopoulos stated although there were meetings on this he was never interviewed. He stated it seems that they have not been listening and that they are showing the same thing over and over. He stated that Marjorie Ferrer talked about the power underneath the Christmas tree that could juice up the entire site that nobody realizes. Mr. Eliopoulos asked whether or not staff was doing their homework and finding out what we had to do. Mr. Eliopoulos stated he is not satisfied with the product and/or what he is hearing back from the citizens. Therefore, Mr. Eliopoulos stated he has a hard time increasing additional funds and he is not comfortable with awarding this contract this evening. Mr. Hasko stated with regard to some of the suggestions staff heard using the example from Marjorie Ferrer and the power that was there for the Christmas tree that would not have been part of the scope. Mr. Hasko stated the original scope to establish the Master Plan was to show us what types of amenities would gel together at various places in the site using their creativity. Mr. Hasko stated the types of amenities start to get into some of the specific site planning and design for the individual phases and had the Commission not requested that staff come back to the Commission for the second workshop they would have submitted a proposal for the design services for the space because that was the next step in the process at that point. As far as the perception that we have a long way to go, Mr. Hasko does not feel it is that bleak. Mr. Hasko stated we were not starting from square one and he feels everyone agreed that we had a really good base product to work from and it just needed some tweaking which staff spent that session doing. In his opinion, Mr. Hasko stated from a creative standpoint and from the contractual standpoint he feels that they have completed their original scope. Mr. Hasko stated we may have wanted to look a little closer at that scope in terms of perhaps making sure that they were providing something that was going to be compatible with everyone's wishes and visions although this is difficult to do on a project like this because it is so subjective and it requires so much creativity. Mr. Hasko stated staff has asked them to do work above and beyond that scope and they are taking the input that we gave them from that last session from approximately one month ago and incorporating that. Mr. Hasko stated he understands Mr. Eliopoulos' hesitancy given the feedback from the key stakeholders but he is very confident that once staff comes back to them with what they are going to end up with now he feels everyone will be on the same page and believes there will only be one more trip back to the Commission. this. Mr. Eliopoulos stated he still has strong reservations about supporting -10- 08/05/08 Mr. Fetzer concurs with comments expressed by Commissioner Eliopoulos. Mr. Fetzer stated he is not happy with the point that we are at with this and asked if there are any alternatives to this if the Commission does not authorize additional funding. Mr. Hasko stated if the Commission does not approve this the consultant has some time and effort invested above and beyond their scope. He stated we would have some decisions to make and figure out how we would finish the Master Plan which might mean going out for another RFQ for another consultant or trying to work with one of the consultants currently under contract. Mr. Hasko stated you want to minimize the loss of the progress and creativity that has been shown on the Master Plan at this point. He stated the City would have to rely heavily on the Old School Square staff to help us out in terms of getting the whole thing gelled and put together. Mr. Hasko stated there are other options but he would hate to see the money ($128,500.00) that has been invested in this thrown away. Mr. Eliopoulos stated he does not feel this money would be thrown away because he thinks staff can bring them back. However, it is just a matter of the creativity and there may have to be some workshops with the stakeholders. Mr. Eliopoulos stated he is sure there are professionals in town that would jump on this and would help and maybe the City can hand it off. Mr. Eliopoulos stated he thinks there are ways we can get this so we do not lose what they have done but we actually get where we need to be and then bring them back onboard to actually do the drawings. Mr. McDuffie stated his personal feeling and his strong sense from the stakeholders in the community that there is a disconnect between this firm and the stakeholders. Mr. McDuffie stated there are people who are high level stakeholders in this that he knows are still unsatisfied and feel like that their voices have not been heard. He stated we need to have this communication between this firm and the stakeholders and at that point if they cannot continue and satisfy the people that are the stakeholders in this then the City may need to look for other alternatives. Mayor Ellis stated from the time of the presentation and everyone looked at the drawings she remembers Marjorie Ferrer saying three times "You Do Not Have the Right Scale for the Christmas Tree." Mayor Ellis stated the last time she saw the drawings it was the same scale that they were using and asked if there is any chance that they are not using the right scale for the Christmas tree in the design of this. Mr. Hasko stated he does not believe so and stated at one time there was some confusion over the radius of the base of the tree. Mayor Ellis commented about the location of where the Christmas tree would go and these are questions that are asked that never got answered. Mr. Hasko stated the decision of the location of the Christmas tree was resolved early on and was one of the comments received at the first meeting. Mayor Ellis stated the presentation the Commission saw was that they had the Christmas tree on the side up on a trellis and it did not look like it was going to fit there. She stated now they have brought it back to where they are talking about placing the tree in the front of the Cornell Museum. Mr. Hasko stated there are issues that remain with the plan. -11- 08/05/08 Brief discussion followed between the Commission and staff. Mr. Eliopoulos asked if there is a proposal for Phase II yet from them. In response, Mr. Hasko stated we do not have the design documents. The City Manager stated the City Attorney made a suggestion to table this item and let staff negotiate with the consultant and see if we can come back with a different proposal. Mr. Eliopoulos moved to table the contract addition for the Old School Square Expansion Project, 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. At this point, the time being 7:02 p.m. the Commission moved to Item 7.A., Presentations. 7.A. Solid Waste Authority Recyclin~ Program Award Presentation John Archambo, Solid Waste Authority, thanked the Commission for taking time to come out and see everything in action. Mr. Archambo thanked the City of Delray Beach for its outstanding recycling efforts. He stated the initiative of going green today is receiving a lot of press and the City of Delray Beach has been green and has proven that with its great recycling efforts. Mr. Archambo stated the Solid Waste Authority wanted to show their appreciation for the great teamwork and partnership they have with the City of Delray Beach in setting these records. He stated last year they set a record of 108,000 tons which has saved approximately 12 years of valuable landfill space for all of us in Palm Beach County. Mr. Archambo stated there is an initiative being looked at now in Tallahassee that by 2020 they would like to see a 75% waste reduction. He stated he is pleased to announce that with the 38 cities in Palm Beach County and the unincorporated they have already met that mark with the renewable energy source of the Waste Energy Facility. Mr. Archambo stated they are on the right track and are 3,000 tons ahead of last year's record. He stated the City of Delray Beach has a great team to work with and they did a bin distribution program throughout the City increasing recycling about 17-20%. Mr. Archambo presented the City of Delray Beach with an award made out of recycled glass in appreciation of outstanding participation and support in Palm Beach County's Recycling Program. At this point, the time being 7:04 p.m. the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 28-08: Privately initiated amendment to the Land Development Regulations (LDR), by amending Section 2.2.6(D), "Duties, Powers, And Responsibilities"; Section 4.5.1(J), "Historic Preservation Board To Act On Variance -12- 08/05/08 Requests", to provide that appeals of decisions of the Historic Preservation Board regarding variances shall be to the City Commission. office.) The caption of Ordinance No. 28-08 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 2.2.6(D), "DUTIES, POWERS, AND RESPONSIBILITIES"; SECTION 4.5.1(J), "HISTORIC PRESERVATION BOARD TO ACT ON VARIANCE REQUESTS", TO PROVIDE THAT APPEALS OF DECISIONS OF THE HISTORIC PRESERVATION BOARD REGARDING VARIANCES SHALL BE TO THE CITY COMMISSION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE (The official copy of Ordinance No. 28-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is an ordinance to allow variances denied by the Historic Preservation Board (HPB) to be appealed to the City Commission rather than the Circuit Court of Palm Beach County. The amendment would also be retroactive to January 1, 2008. Mr. Dorling stated variances that are heard by the HPB are only applicable to properties within a district or those that are individually listed and they have different review criteria than variances reviewed by the Board of Adjustment (BOA). He stated given these different standards, findings and goals of the variances staff feels to appeal to the City Commission is appropriate rather than to the Circuit Court. Mr. Dorling stated one of the different goals that variances are utilized during the HPB process is to be a way of encouraging the retention of historic structures and providing additional flexibility in these districts that is different from a regular variance to the Board of Adjustment. At their June 5, 2008 meeting, the Historic Preservation Board (HPB) recommended approval; however, they had some concern about their retroactive language and recommended that it not be included. At its meeting of June 16, 2008, the Planning and Zoning Board heard this and agreed with the retroactive language and the Board also wanted the ordinance language to be modified to apply to both those variances approved and denied whereas the original reference was to any variance that -13- 08/05/08 was denied. He stated if you have an appealing party that is opposed to its approval they should share in that same consideration before the City Commission. Mr. Dorling stated with those changes (which are included in the ordinance) staff recommends approval. The City Attorney stated there is an appellant right after the decision of the City Commission to the Circuit Court and this puts the City Commission in the middle seat. Mayor Ellis declared the public hearing open. Michael Weiner, Attorney with Weiner & Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach (reuresentin~ the Auulicant), stated this ordinance was heard by the Historic Preservation Board and the Planning and Zoning Board. Mr. Weiner stated at both of those hearings, the City Attorney spoke to the issue of retroactivity and it did say it was appropriate and lawful. He stated this settles an interpretative difficulty and thanked the City Attorney's office. Mr. Weiner stated this does clear the way to give the City the opportunity to use the historic ordinances as we believe that they are already in the code but now would firmly state in the Code and that is to encourage the protection of the City's historic assets. Joann Peart, 107 N.W. 9t'' Street, Delray Beach, stated she thought the Historic Preservation Board voted against this. She does not think this is a good idea for the historic districts. Mrs. Peart stated she understands some of the reasons for changing it and some of those reasons are reasonable but she believes the reasons to not change it are more important. Mrs. Peart stated the original intent for giving HPB power for special variances was to save historic structures or to encourage adaptive reuse not to help them find ways to move or demolish structures. She stated we are actually doing the opposite here and feels we are aiding someone in moving a historic structure. Mrs. Peart stated for each structure that we move or demolish in the historic districts the stock of historic buildings in that district goes down one time and you end up with one less historic building. She urged the Commission to support the Historic Preservation Board. Carolyn Patton, 1020 Tamarind Road, Delray Beach, stated she does not understand where this came from and understands that there were only two people at the first reading. She stated the preservation community as a whole really is not aware of it. Mrs. Patton stated the City has had it the way it is for 20 years and feels that it has worked perfectly. She stated the reality of it is the people who are going to appeal a denial of a variance to the City Commission are the people who are pushing the envelope on new development. She stated as a property owner in a historic district she has attended over 50 Historic Preservation Board Meetings and there have been hundreds of variances granted by the HPB to save historic districts and to aid new developers. Mrs. Patton stated to change this now on the request of one developer who has torn down one historic house and wants to move another one would mean we are on the same road the City was on when there was discussion about S.E. 7~ of reversing our -14- 08/05/08 work on historic districts and changing a law that has worked for 20 years. She urged the Commission to study this further and not pass this ordinance tonight. Claudia Willis, 160 Marine Way, Delray Beach, read a brief statement into the record. There being no one else from the public who wished to address the Commission regarding Ordinance No. 28-08, the public hearing was closed. Mr. Eliopoulos stated he thought the Historic Preservation Board approved this but did want this to be retroactive from January 1, 2008. Mr. Dorling confirmed that this is correct. Mr. Eliopoulos stated this Commission has not seen what this applicant is planning with this property which is no reflection that this project would be approved. Mr. Eliopoulos stated this Commission and/or future Commissions are going to have more at heart with our historic districts than a Circuit Court judge would. He stated the Commission is going to be able to listen and understand the areas much more carefully and put more time into our thought process when we make decisions. Mr. Eliopoulos stated he feels this is a good route in that we should try to make these decisions within our Boards (HPB) and the City Commission as opposed to throwing it to the Courts. Mr. Fetzer stated there were some very thoughtful comments this evening from people that are very involved and passionate about our historic districts. He stated he supports this ordinance strictly from a philosophical standpoint because he feels the Commission has the responsibility to resolve as many of these types of issues within our City without forcing these things to go to Circuit Court. Mr. McDuffie stated we all talk about Home Rule and Local Rule and now we have something that gets out of the Commission's hands and goes to Circuit Court. He stated he sees this as streamlining some things and commented that historical homes sit in the process so long that they decay while we wait on approvals. Mr. McDuffie stated if we send that out of our City to the Circuit Court then we are dependant upon them and the timeframes that they establish and we tie some of these applicants up for onerous amounts of time while a structure sits wasting away. Mr. McDuffie stated this streamlines the process and puts the rule in the local hands. Mayor Ellis supports this amendment. She feels it is the responsibility of everyone to make sure that we do our due diligence to protect our historic districts and that we make sure that the consequences of our actions here today are kept in the promises that the Commission has made to those historic districts not only the people that are sitting here today but the people that will come after the Commission and after them. -15- 08/05/08 Mr. Eliopoulos moved to adopt Ordinance No. 28-08 on Second and FINAL Reading, 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.B. ORDINANCE NO. 31-08: An ordinance amending Chapter 51, "Garbage and Trash" of the Code of Ordinances by amending Section 51.01, "Definitions", Section 51.16, "Exceptions in Certain Areas and for Certain Types of Collection Services", Section 51.19, "Industrial and Hazardous Waste Disposal", Section 51.20, "Building Materials", Section 51.35, "Containers Required for Residential and Commercial Sites", Section 51.37, "Use of Other Units and Containers", to clarify certain definitions and terms regarding recycling and roll-off containers to provide that they are consistent with State Law and the City's Franchise Agreement; amending Section 51.45, "Construction and Demolition Sites", to provide for the Non-Exclusive Collection Of Construction and Demolition Debris and to provide for regulations governing such collection. The caption of Ordinance No. 31-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH" OF THE CODE OF ORDINANCES BY AMENDING SECTION 51.01, "DEFINITIONS", SECTION 51.15, "REFUSE COLLECTION RESERVED EXCLUSNELY IN CITY OR ITS CONTRACTORS", SECTION 51.16, "EXCEPTIONS IN CERTAIN AREAS AND FOR CERTAIN TYPES OF COLLECTION SERVICES", SECTION 51.19, "INDUSTRIAL AND HAZARDOUS WASTE DISPOSAL", SECTION 51.20, "BUILDING MATERIALS", SECTION 51.35, "CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES", SECTION 51.37, "USE OF OTHER UNITS AND CONTAINERS", TO CLARIFY CERTAIN DEFINITIONS AND TERMS REGARDING RECYCLING AND ROLL-OFF CONTAINERS TO PROVIDE THAT THEY ARE CONSISTENT WITH STATE LAW AND THE CITY'S FRANCHISE AGREEMENT; AMENDING SECTION 51.45, "CONSTRUCTION AND DEMOLITION SITES", TO PROVIDE FOR THE NON-EXCLUSIVE COLLECTION OF CONSTRUCTION AND DEMOLITION DEBRIS AND TO PROVIDE FOR REGULATIONS GOVERNING SUCH COLLECTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -16- 08/05/08 (The official copy of Ordinance No. 31-08 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 Delray Beach, Florida. Al Berg, Assistant Director of Community Improvement, stated this is the version for non-exclusive collection of Construction and Demolition (C&D) and provides for non-exclusive collections, franchise fees, application fees, performance standards and language has been added to include the recycling of solid waste materials. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 31-08 on Second and FINAL Reading, 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. 10.C. ORDINANCE NO. 36-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) by amending Section 1.3.8 "Reconstruction Necessitated by an Act of God", Subsection (A) to provide for the ability to rebuild the pre-existing square footage as an additional circumstance in the event of destruction by an act of God. If passed, a second public hearing will be held on August 19, 2008. The caption of Ordinance No. 36-08 is as follows: office.) 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 1.3.8, "RECONSTRUCTION NECESSITATED BY AN ACT OF GOD", SUBSECTION (A) TO PROVIDE FOR THE ABILITY TO REBUILD IN ADDITIONAL CIRCUMSTANCES, IN THE EVENT OF AN ACT OF GOD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-08 is on file in the City Clerk's -17- 08/05/08 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the current regulations allow residential and commercial structures that have destroyed by an Act of God to rebuild to the use and the number of units permitted by their respective certificates of occupancy. The proposed ordinance adds the term "square footage" to clarify that the structure's square footage figure permitted by the certificate of occupancy is also recognized as rebuildable in circumstances involving an act of God. At their meeting of July 21, 2008, the Planning and Zoning Board unanimously recommended approval with a 4 to 0 vote. The City Manager stated this is brought forward in response to concerns expressed in the hearings on the Lake Ida Design Guidelines. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 36-08, the public hearing was closed. Mr. McDuffie moved to approve Ordinance No. 36-08 on First Reading/First Public Hearing, 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.D. ORDINANCE NO. 33-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined" and Article 4.7 "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p.), "Southwest Neighborhood Overlay District," to modify the description and provide for expansion of the Southwest Neighborhood Overlay District. If passed, a second public hearing will be held on August 19, 2008. The caption of Ordinance No. 33-08 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 4.5.9, "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", SUBSECTION 4.5.9(A), "DEFINED", AND BY AMENDING ARTICLE 4.7, "FAMILY/WORKFORCE HOUSING", SECTION 4.7.1, "DEFINITIONS", BY REPEALING SUBSECTION 4.7.1(p), "SOUTHWEST -18- 08/05/08 NEIGHBORHOOD OVERLAY DISTRICT" AND ENACTING A NEW SUBSECTION 4.7.1(p), "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. office.) (The official copy of Ordinance No. 33-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this ordinance modifies two LDR Sections which describe the Southwest Neighborhood Overlay District and this is consistent with the Comprehensive Plan Amendment to expand the Southwest Neighborhood area that was done as part of 2007-2. At its meeting of July 21, 2008, the Planning and Zoning Board unanimously recommended approval with a 4 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. 33-08, the public hearing was closed. Mr. Eliopoulos moved to approve Ordinance No. 33-08 on First Reading/First Public Hearing, 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. 10.E. ORDINANCE NO. 32-08: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.097, "Retirement Income; Basis, Amount and Payment", providing up to one (1) additional year of credited service for certain employees who elect to terminate City employment and retire on or before September 30, 2008. The caption of Ordinance No. 32-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE -19- 08/05/08 CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", PROVIDING UP TO ONE ADDITIONAL YEAR OF CREDITED SERVICE FOR CERTAIN EMPLOYEES WHO ELECT TO TERMINATE CITY EMPLOYMENT AND RETIRE WITHIN A 60 DAY PERIOD SET BY THE CITY COMMISSION; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32-08 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 Delray Beach, Florida. The City Manager stated this ordinance will afford the opportunity for some employees to elect early retirement that will help the City of Delray Beach in reducing the budget. He stated the City currently has four (4) employees that would be laid off and this may open up some vacancies that the City can move some of those employees into and avoid lay-offs as well as saving the City some money. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 32-08, the public hearing was closed. Mr. Fetzer stated at the first reading of this ordinance the Commission discussed making this effective just for this current budget year. The City Attorney stated the ordinance has been modified. Mr. McDuffie asked if these are identical terms and conditions as to what the City had last year. The City Attorney stated this is exactly the same as last year. Mr. Eliopoulos moved to adopt the Ordinance No. 32-08 on Second and FINAL 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. 10.F. ORDINANCE NO. 34-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) amending Section 4.6.7, "Signs", Subsection (H), "Exempt Signs", Sub-subsection (10), "Temporary Signs", to clarify when temporary non-commercial signs placed on the public right-of--way or on private property require the owner's permission. If passed, a second public hearing will be held on August 19, 2008. -20- 08/05/08 The caption of Ordinance No. 34-08 is as follows: office.) 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 4.6.7, "SIGNS", SUBSECTION (H), "EXEMPT SIGNS", SUB-SUBSECTION (10), "TEMPORARY SIGNS", TO CLARIFY WHEN TEMPORARY NON-COMMERCIAL SIGNS PLACED ON THE PUBLIC RIGHT-OF-WAY OR ON PRNATE PROPERTY REQUIRE THE OWNER'S PERMISSION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE (The official copy of Ordinance No. 34-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated temporary non- commercial signs are currently allowed in the public right-of--way and this ordinance changes that to require the permission from the adjacent property owner before it can be placed in the right-of--way that immediately abuts their property. Mr. Dorling stated this stemmed from some sign activity that was going on in the Lake Ida Neighborhood in association with the Design Guidelines. It also provides to clarify that temporary non-commercial signs are allowed on private property so long as the property owner's permission is obtained. At its meeting of July 21, 2008, the Planning and Zoning Board unanimously recommended approval with a 4 to 0 vote. Mayor Ellis declared the public hearing open. Carolyn Zimmerman, 212 S.W. 2"d Avenue, Delray Beach, asked if this would include garage/yard sale signs and campaign signs. The City Attorney stated it is not based on the content of any sign and if you obtain permission from the abutting property owner you can place a sign in the public right-of--way. Mr. Fetzer moved to approve Ordinance No. 34-08 on First Reading/First Public Hearing, 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. -21 - 08/OS/08 10.G. RESOLUTION NO. 27-08/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/COMMUNITY LAND TRUST: Consider approval of Resolution No. 27-08 authorizing the City to transfer/sell City owned property, located at 315 S.W. 3rd Avenue, to be utilized for affordable housing purposes; and approve Contract for Sale and Purchase between the City and the Delray Beach Community Land Trust, Inc. in the amount of $10.00. office.) The caption of Resolution No. 27-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.6.6, "COMMERCIAL AND INDUSTRIAL USES TO OPERATE WITHIN A BUILDING", SUBSECTION "A", "INTENT", IN ORDER TO CLARIFY THAT ALL COMMERCIAL AND INDUSTRIAL USES SHALL CONDUCT BUSINESS INSIDE REGARDLESS OF ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-08 is on file in the City Clerk's Terrill Pyburn, Assistant City Attorney, stated Resolution No. 27-08 is property that the City is transferring located at 315 S.W. 3rd Street to the Community Land Trust (CLT) for affordable housing purposes. The City received the property from the County through a Quite Title and noted that it was on the Land's Available List for a period of time that exceeded seven years. Ms. Pyburn stated the City of Delray Beach has received the Quiet Title and is transferring the property for affordable housing purposes pursuant to a County Deed that the City received from Palm Beach County that requires that we reference them in any publicity and also that the Community Land Trust (CLT) will recognize them. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 27-08, the public hearing was closed. Mr. McDuffie moved to approve Resolution No. 27-08, 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. -22- 08/05/08 10.H. ORDINANCE NO. 35-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) amending Appendix "A", "Definitions", to provide clarification of the regulation pertaining to "Tree Trust Fund." If passed, a second public hearing will be held on August 19, 2008. (ALTHOUGH THIS ORDINANCE HAS BEENADVERTISED, IT HAS BEEN WITHDRAWN) office.) The caption of Ordinance No. 35-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE CLARIFICATION OF THE REGULATION PERTAINING TO "TREE TRUST FUND"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 35-08 is on file in the City Clerk's The City Attorney stated this item has been withdrawn. At this point, the time being 7:38 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's resuonse to urior uublic comments and inquiries. The City Manager stated at the last meeting Mrs. Finst made several suggestions regarding the operation of the shuttle service. He stated the duplication of routes in the downtown area is designed purposely to minimize headways to reduce waiting time for passengers and thereby increase ridership. The City Manager stated the recent expansion of Route 1 has reduced waiting time in the Tri-Rail station to under 10 minutes on average and it has also reduced headways in the core area to approximately 8 minutes in the afternoon while allowing for late evening service to 10:30 p.m. for dinner patrons. There are occasions the buses do catch up with each other due to train crossings, bridge openings, and traffic. The City Manager stated drivers communicate via cell phone in an attempt to coordinate their locations to avoid this from happening. However, sometimes this does happen. The Downtown Roundabout stop and sign is at the north end of the Tri-Rail station immediately adjacent to the platform. Palm Tran would not allow the shuttle to share their bus stops. All the shuttle stops are numbered and have signs posted. He stated it is the intent of the Downtown Roundabout to provide a transportation service and it would be difficult or impossible to keep an informational audio tape synchronized to specific - 23 - 08/OS/08 stops while continuing with traffic, train crossings, and bridge openings. The annual City Guide which includes information regarding the Downtown Roundabout is produced by the Downtown Development Authority (DDA). The route schedule and map is donated by the Marriott Hotel, the Residence Inn, the Colony Hotel and the Downtown Development Authority and the City will work with them to improve the annual City Guide as it is reprinted from time to time. 11. From the Public. ll.B.l. Carolyn Zimmerman, 212 S.W. 2"d Avenue, Delray Beach, stated she knows this is a terrible time economically for everyone and decisions have to be made to pay for the expenses to run this City but the basic needs of the community need to be taken care of (i.e. Police, Fire & Animal Control). Miss Zimmerman stated besides children pets come first. She feels the City has been lucky to have an officer for animal control for ten years and the citizens need the protection that has been given to the town. She stated if we turn our needs over to the County then the needs will not be met. Miss Zimmerman stated the County is already overworked and they have thousands of animals that they take care of including horses, goats, pigs, and wild animals. She feels the County will be unable to come immediately to the City. Miss Zimmerman stated she knows that the business community needs to bring people downtown and we have many events. However, she feels these events should pay for themselves and pay a fee to the City so that the City can make some money. She stated we have a tennis center that should be making money in spite of the fact that it cost $1 million to run it. Miss Zimmerman stated she knows that she begged for this tennis center but she did not beg for it to be a liability to the City. She stated the City could have waited for a parking garage until the financial picture changed. Miss Zimmerman stated the Federal Highway poles are good and have slowed down traffic. She feels the City should slow down on the construction of Federal Highway until finances become better. The City has hired a few assistants and the assistants have hired an assistant. Miss Zimmerman stated she believes they are needed but feels the City could have waited until the financial picture changed. She asked why the City built an addition to City Hall that is not attached and feels money could have been saved by connecting the building and waiting until times got better. Miss Zimmerman stated we have iguanas, feral cats, and fighting dogs that have been taken care of by our Animal Control Officer and asked who here would have the nerve to face these situations that she has. She stated citizens that have heard of the problems regarding animal control money have donated dog and cat foods. Miss Zimmerman stated the City cannot just eliminate something that has been good for the City and feels there are other ways that we can conserve costs. ll.B.2. Jean Beer, 2145 S.W. 26th Terrace, Delray Beach, echoed Carolyn Zimmerman's concern to continue the animal control because she feels that feral dogs and cats are a danger to citizens. Mrs. Beer stated the first job of City government is to protect its citizens and she understands it is a bad budget year. Mrs. Beer stated every contract the City has had for the tennis stadium has been a thirty year contract and every time it was time for them to pay the bill they broke it. She stated she has heard -24- 08/05/08 over and over about all the money it brings into Delray Beach and she has not known of any study that showed facts as to what the actual take of the business community was as a result of the one tennis tournament that is costing the City a fortune. Mrs. Beer commented about Federal Highway and suggested to leave it temporary because it looks fine and it is doing the job. She suggested that the City leave it temporary for 2-3 years. She stated the Community Redevelopment Agency (CRA) was initiated to stop blight in the City more than 25 years ago it is still going and people that find it profitable will continue the CRA forever. Mrs. Beer stated she does not see very many blighted spaces around the City and according to the newspaper the CRA is now subsidizing rents in the downtown. She stated it is time to start phasing it out. The debt is between $16 and $18 million and is City debt eventually. The last report she had from the CRA showed $4.5 million in debt service which is approximately one- third of what they are taking in for City TIFF funds. Mrs. Beer stated the City is spending money on everything and anything and feels we need to get back to basic City services for the residents. She stated cities are not supposed to be having two-thirds of the tax paying residents subsidizing one-third of the tax paying residents forever in perpetuity. She feels it is time for the City to think ahead. ll.B.3. Shirley Johnson, 701 N.W. 4t'' Street, Delray Beach, stated when she heard about the Animal Control Officer possibly being eliminated she thought what is going to be done about all the stray animals running up and down the streets now. She stated the Animal Control Officer is vastly overwhelmed with what the City currently has and cannot imagine Delray Beach without someone who can pick up the telephone and call and know that she will be there hopefully within the day. Ms. Johnson reminded the Commission that last year a gentleman was dining in downtown Delray Beach on Atlantic Avenue with his family and was attacked by a couple of stray dogs. Ms. Johnson stated she is sure that the Animal Control Officer was called to take care of the problem and believes it was resolved quite well and is sure that if there was no one else to call that the County would not have responded as quickly as she did. Ms. Johnson stated on a personal note, she had someone occupy her home and they were evicted and left a pit bull in the garage. Ms. Johnson stated in order for her to occupy her home she had to have the dog removed and her alternative was to poison the animal or pay someone to remove the dog or call the Animal Control Officer. Ms. Johnson stated the Animal Control Officer came and calmed the animal down and removed the dog. Ms. Johnson stated she will forever be grateful for her service and prays that the Commission will think of some other way to cut something else that we are not in need of but we are definitely in need of the Animal Control Officer. ll.B.4. Chuck Ridley, 137 S.W. 12th Avenue, Delray Beach, stated he has the pleasure of being the President of the Atlantic Park Gardens Homeowners Association. Mr. Ridley stated his purpose of being here this evening is to ask for the City's partnership and support with his neighborhood association on a real critical issue facing them. He stated they have had the opportunity to work with Jennifer Costello, Neighborhood Planner for the Neighborhood Resource Center who has been excellent in helping them reorganize the neighborhood association. Mr. Ridley stated they have worked with Captain Sims and Lieutenant Coleman of the Police Department about - 25 - 08/OS/08 problems the neighborhood has been having with drug trafficking and noted that this problem still exists in his neighborhood. He stated as we look at the investment that is going to come into his neighborhood it is hard to keep his neighbors motivated when they walk out on a regular basis and on one corner of the neighborhood see open air drug sales. He stated he has done enough research on both sides of the law to know what drug dealing is and to understand its devastating impact not only on families but the community at large. Mr. Ridley stated for Officer Sims and Officer Coleman to not have been able to resolve this he suspects that they do not have the resources and urged the Commission for their support to mitigate this problem. ll.B.S. Leroy Folks, 242 S.W. llth Avenue, Delray Beach, stated the drug problem is still present in his neighborhood. Mr. Folks stated he is threatened on a daily basis and he is trying to protect his family. ll.B.6. Shirley Jacobs, 2772 S.W. 6t'' Street, Delrav Beach, stated she has been a resident of Delray Beach for 12 years and 10 years out of those 12 she has been a volunteer for the Police Department. She stated she is presently on the Home Front Security Patrol and expressed concern over animal control. She feels it would be a mistake to eliminate the Animal Control Officer because there are dogs that are loose and dangerous; and the City needs someone who is compassionate, knows what they are doing, and who is a hard worker. She believes this is the Animal Control Officer the City already has. She stated this is something very important to many different people and it depends upon the Commission as to how safe the City is going to remain. Ms. Jacobs stated she loves Delray Beach and would like to see it stay safe. At this point, the time being 7:53 p.m. the Commission moved back to the Regular Agenda as Item 9.A.A.A.A. 9.A.A.A.A. FLORIDA DIVISION OF EMERGENCY MANAGEMENT/OLD SCHOOL SQUARE WINDOW REPLACEMENT: Approve and authorize the Mayor to execute an agreement with the Florida Division of Emergency Management for the installation of 227 impact resistant glass windows at Old School Square. Funding is available from 334-6112-519-46.90 (General Construction Fund/Other Repair/Maintenance Costs). Richard Hasko, Director of Environmental Services, stated staff has been working for years to try and get adequate grant funding to give the Old School Square facilities window storm protection. Mr. Hasko staff finally got everything in line and got all of the interested historical people interested on a State level on Board and FEMA is on board as well. He stated the agreement before the Commission is the grant agreement with FEMA for providing storm window replacements for all of the Old School Square buildings. Mr. Hasko stated it is a 75% reversible grant and has an estimated schedule for the entire project of approximately 33 months and there are some in-kind associated costs for the City. He stated staff will be putting together the bid documents and handling this in-house and the total project cost is $647,365.00. -26- 08/05/08 Mr. Eliopoulos stated he is very happy to see that we are finally getting there. He expressed concern over how staff is going to proceed, does this go out to bid, and do we know the defined scope. Mr. Hasko stated staff will be bidding the project and putting the bid specs in-house and to some degree he thinks they will be performance related specifications. Staff will address the structural integrity as well (not only the window but what it is being attached to). Mr. Eliopoulos moved to approve Item 9.A.A.A.A. (formerly Item 8.G. of the Consent Agenda), 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. 8.Z.2. CONTRACT AWARD/J.W. CHETHAM, LLC.: Contract Award to J.W. Chetham, LLC in the amount of $215,396.00 for construction of the Environmental Services Department new entrance. Funding is available from 441- 5161-536-68.24 (Water & Sewer Fund/ESD-Access Rd/Property Ln). Richard Hasko, Director of Environmental Services, stated this proposal is for a contract award to do some improvements and re-alignment of a roadway internal to the Environmental Services Department property to the compound. Mr. Hasko stated it has been postponed for a couple of years. He stated quite some time ago a new fire apparatus facility was built and the City now has a facility indoors where they can maintain fire apparatus. Mr. Hasko stated the traffic problems it tends to create in the yard have to do with the maneuvering that either the fleet mechanics or the operators from fire rescue have to do to get the vehicles out of the maintenance bays back around the compound into the street. After the facility was built staff intended to straighten out a road which exists along the south side of the compound and basically goes straight out to Swinton Avenue. Mr. Hasko stated they want to improve this and straighten this out so that rather than having to make left or right sharp turns with the big fire trucks coming out of the maintenance bay and then going around the compound and trying to make very tight maneuvering turns to get back to the entrance of the compound staff wants to take them straight out of the bay (east) directly to Swinton Avenue so that they almost do not have to turn their wheels. Mr. Hasko stated this would help reduce the issues with the traffic movements in the compound. He stated since the construction of the Environmental Service Department building they have had one of the gates on S.W. 7~ Street open on a regular basis during daily hours as an alternative access point to the compound. Mr. Hasko stated there are security concerns because this is a gate that leads right into the Water Treatment Plant. Prior to staff using it as a secondary access to the site, the gate stayed closed all the time. He stated there is a camera on the gate and it was only opened when the truck drivers to deliver chemicals would push a button and it was opened from the inside of the Plant. This road access point will also provide the additional access to and from the compound that will allow staff to keep the gate closed at the Water Treatment Plant and clear up some of the security issues. Mr. Hasko stated there is an alternate bid which staff is recommending award that has to do with a Planning requirement to do a screen wall on -27- 08/05/08 the south property line between the ESD maintenance compound and the residential lots on 6~ Street. Mr. Eliopoulos stated the reason he pulled this item is because he was concerned with how important this is and commented about the sum of money. He stated he realizes these are Capital Improvement type projects that are happening but he wanted to make sure this was the best use of this money during this time period. Mr. Eliopoulos moved to approve Item 9.A.A.A.A.A. (formerly Item 8.Z.2. of the Consent Agenda), 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. 9.A. WAIVER REQUEST/CEMEX/RINKER: Consider a waiver request for Cemex/Rinker, located at 1700 West Atlantic Avenue, from Code of Ordinances Section 54.06 (b)(2), which requires that total above ground fuel storage shall be less than 40,000 gallons and that no one above ground fuel tank be larger than 6,000 gallons at a site (15,000 gallons proposed). (Quasi-Judicial Hearing) Mayor Ellis read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record 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 parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-201 into the record. Mr. Dorling stated this waiver is in connection with property located at I- 95 and West Atlantic Avenue known as the Rinker Material site which is an industrial manufacturer of concrete and cinder blocks. He stated the waiver is subject to LDR Section 2.4.7(B)(5) findings made in the Planning and Zoning staff report. The current ordinance in the Code of Ordinances Section 53.064(B)(2) allows a total of $40,000 gallons of storage on site and that further limits it to 6,000 maximum per storage tank up to six tanks. He stated the waiver requested today is to allow one 15,000 gallon tank UL 2080 double wall above ground storage tank. The Fire Marshall has determined that this specific tank is acceptable on this site and the facility will be internal to the site and screened by stockyard of at least 12 foot tall rows of concrete blocks which are internal to the site. Staff recommends approval of the waiver request. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. - 28 - 08/OS/08 Fred Rice, owner of Fred Rice, L.L.C., stated he does the work for Rinker and other major companies in the State of Florida. He stated that by putting the tanks above the ground 15,000 gallons or larger rather than being underground there is no type of underground population because everything can be monitored daily and monthly. Mr. Rice stated the tank is better situated than when it is underneath the ground. There being no one else from the public who wished to address the Commission, the public hearing was closed. 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 approve the Board Order as presented, 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.B. REQUEST FOR IN-LIEU PARHING SPACES/HAMMAD SHOPPES: Consider a request from Hammad Shoppes for the purchase of four (4) in- lieu parking spaces in the amount of $16,000.00 to accommodate the construction of additional interior floor area. Hammad Shoppes is located at 139 N.W. 5~ Avenue. (Quasi-Judicial Hearing) 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 parte communications to disclose. Scott Aronson, Parking Management Specialist, stated Hammad Shoppes is located at 139 N.W. 5~ Avenue and is in for a request for four (4) in-lieu parking spaces to accommodate the construction of additional interior floor area. In December 2007, Hammad Shoppes was approved fora 1,072 square foot expansion to the rear of the property and during that construction it was discovered that a 1,152 square foot mezzanine was being constructed interior to the building that was not included on the approved plan. Mr. Aronson stated the construction was stopped and a site plan modification was submitted for that mezzanine. He stated Land Development Regulations (LDR) Section 4.4.13(G)(2)(c), which requires the provision of the one (1) parking space per 300 square feet of gross floor area. The four (4) spaces is in the West Atlantic area and one space per 300 feet is four (4) spaces and it is $4,000.00 per space in the West Atlantic area worth $16,000.00 and would be paid through an in-lieu of parking fee agreement which is 50% upon signing of the agreement and two subsequent payments of 25% on the second and third anniversaries of the agreement pursuant to Section 4.6.9. Mr. Aronson stated Hammad Shoppes is a grocery store and the two -29- 08/05/08 remaining bays will betake-out pizza only and a clothing store. He stated these uses are historically short stays and the original proposal for the 1,072 square foot expansion has four (4) new parking spaces for a total of 14 spaces on-site plus it originally had backup parking on N.W. 5~ Avenue and the parking was relocated to the rear alley. The N.W. 5~ Avenue Beautification that is still being completed had four (4) on-street parking spaces placed right in front of this property so there are now on-street parking spaces along that block but more importantly four (4) in front of the property. He stated the uses in the facility are short term vehicular trips ordinarily with the exception of the clothing store which are also usually short stay trips. Mr. Aronson stated the Comprehensive Plan talks about innovative ways to provide parking and the in-lieu program supports those innovative ways of providing the parking. Mr. Aronson stated this item was supported by the Parking Management Advisory Board and the Community Redevelopment Agency (CRA) at their meetings of July 22, 2008 and July 24, 2008. The project has not been presented to the Downtown Development Authority (DDA) or the West Atlantic Avenue Redevelopment Coalition (WARC) at this point due to timing of those meetings and as this project was underway staff has had to ask them to stop their construction. Staff recommends approval. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the request for in-lieu parking spaces, to please come forward at this time. Mayor Ellis asked if this mezzanine is an open area. In response, Mr. Aronson stated the mezzanine is for storage only and at this point there is no ADA (Americans with Disabilities Act) accessibility to the area (stairways only). He stated in order for this to be for customer use area and in order to be customer use area the City would have to provide ADA accessibility (i.e. an elevator of some sort). Mr. Aronson stated this was not on the approved site plan that went through Planning and Zoning and when the building permit set was submitted and construction commenced it was noticed that a mezzanine was included. At that point, staff questioned and asked the applicant to come through with the site plan modification. Mrs. Ellis asked if construction has stopped. Mr. Aronson stated he believes that there is still construction going on but it is somewhat exterior construction that is being completed. He stated this item will be going before the Historic Preservation Board (HPB) tomorrow for approval of the site plan. 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. McDuffie moved to approve the Board Order as presented, 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. -30- 08/05/08 9.C. THIS ITEM HAS BEEN POSTPONED DUE TO A REQUEST FROM THE APPLICANT. 9.D. REVISIONS TO RISK MANAGEMENT POLICY: Consider approval of a revision to the Risk Management Policy regarding Bodily Injury, Property Damage & Worker's Compensation Claims and Litigation and Settlement Authority. The City Attorney stated this is an administrative policy and procedure that has not been updated since the 1980's. She stated there was an attempt to modify this policy; however, there were some things left out such as the City Attorney's authorities to settle when things are brought to the City Commission. The City Attorney stated this policy seeks to incorporate all those things the Risk Manager put in there but also to include the monetary limits of when staff brings something to the City Commission. Mr. Fetzer moved to approve the revisions to the Risk Management Policy, 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.E. THIS ITEM HAS BEEN MOVED UP ON THE REGULAR AGENDA AS ITEM 9.A.A. At this point, the Commission moved to Item 9.F. of the Regular Agenda. 9.F. REQUEST TO ADVANCE COUNTY FUNDING/ROOTS CULTURAL FESTIVAL, INC.: Consider approval of an agreement between the City and Palm Beach County to provide advance funding in the amount of $10,000, for Roots Cultural Festival, Inc. which will be reimbursed to the City through Palm Beach County grants. Funding is available from 001-1111-511-48.10 (General Fund/Special Events). Robert A. Barcinski, Assistant City Manager, stated this is a request from the Roots Cultural Festival from Alberta McCarthy to provide a $10,000.00 advance for the County grant funding. He stated this is an item that came to Roots at a late date and the funding left available from the Recreational Assistance Grant Program controlled by Commissioner Addie Greene. Mr. Barcinski stated the City did this last year for them and we were able to get the money back from the County. Mr. Eliopoulos moved to approve the request for the Roots Cultural Festival County grant advance in the amount of $10,000.00, 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. -31- 08/05/08 9.G. APPOINTMENTS TO THE PLANNING & ZONING BOARD: Appoint four (4) regular members to the Planning & Zoning Board to serve a two (2) year term ending August 31, 2010. Based upon the rotation system, the appointments will be made by Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), and Commissioner McDuffie (Seat #3). Mayor Ellis stated she wished to reappoint Paul Zacks as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2010. 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 to 0 vote. Mr. Eliopoulos moved to reappoint Cary Glickstein as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2010, seconded by Mr. McDuffie. Upon roll 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 Deborah Dowd as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2010, 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 reappoint Joseph Pike as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2010, 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. 9.H. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint five (5) regular members to the Historic Preservation Board. Based upon the rotation system, the appointments will be made by Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3) and Mayor Ellis (Seat #5). Mayor Ellis stated she wished to appoint Dan Sloan as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2010. Mr. McDuffie so moved, 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 appoint Thomas Stanley as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2010, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. -32- 08/05/08 Said motion passed with a 4 to 0 vote. Mr. Fetzer moved to reappoint Roger Cope as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2010, 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 reappoint Keith Snider as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2010, 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. Mayor Ellis stated she wished to reappoint Toni Del Fiandra as a regular member to serve an unexpired term ending August 31, 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. 9_I. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2011. Based upon the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3). Mr. McDuffie moved to appoint Diane Franco as a regular member to serve a three (3) year term ending July 1, 2011, 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_J. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to serve an unexpired term ending July 31, 2009. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos move to appoint Melanee Blankstein as a regular member to the Education Board to serve an unexpired term ending July 31, 2009, 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. 9.K. APPOINTMENT TO THE BUDGET TASK FORCE: Appoint one (1) regular member to the Budget Task Force to serve a one (1) year term ending July 31, 2009. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). - 33 - 08/OS/08 Mayor Ellis stated she wished to reappoint Robert Moore as a regular member to the Budget Task Force to serve a one (1) year term ending July 31, 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. 9.L. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) alternate member to the Public Employees Relations Commission to serve an unexpired term ending August 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3). Mr. McDuffie moved to appoint David Haycock as an alternate member to the Public Employees Relations Commission to serve an unexpired term ending August 31, 2010, 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. 12. FIRST READINGS: 12.A. NONE. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager and the City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated he and Assistant City Manager Doug Smith met with the staff from Municipal Solutions to go over their final report and staff will get this to the Commission in the next day or so. The City Manager stated Municipal Solutions will make a presentation to the City Commission at the August 12, 2008 Workshop Meeting. 13.B. City Attorney The City Attorney stated she really enjoyed the S.P.LRLT. Banquet. 13.C. City Commission 13.C.1. Mr. McDuffie Mr. McDuffie stated they were notified by Mayor Jerry Taylor that they were having a problem with the PBA Building and some of the events that are being held there. Mr. McDuffie stated the Commission was emailed by one of the officers who were trying to have a meeting set up with the residents up there. Mr. McDuffie -34- 08/05/08 asked if this meeting is being rescheduled. The City Manager stated this meeting is being rescheduled. Mayor Ellis stated she explained to Mayor Taylor that Commissioner McDuffie had started the emails and that it is being worked on and he would like to be kept in the loop of anything that transpires. Mayor Taylor stated there appears to be a problem with their reuse lines which need to be placed on Delray Beach property. They were having difficulty getting permits for them and she passed this on to Mr. Hasko. The City Attorney stated Attorney David Tolces is working on this on behalf of the City of Boynton Beach and was able to set up a meeting. Secondly, he stated several weeks ago three ladies from Cason United Methodist Church contacted him about a project they are very excited about. Mr. McDuffie stated there immediately west of the church is a five acre tract which is undeveloped. He stated their proposal is to turn that into green space in the form of a community garden. Mr. McDuffie stated this would be a garden where there are above ground plots where organizations and charities could actually acquire rights to that plot and vegetables, etc. would be grown in it. He stated if it turned into a community garden for things that could be sold there or at the green market he would be interested in hearing about this. Mr. McDuffie stated green space is hard to find and feels it is a good thing if someone is willing to take five acres and commit it for green space by putting a community garden in and by bringing the Boy Scouts and all sorts of other people in there. Mr. McDuffie stated they asked for assistance with trees because they wanted to put shade in. He stated they have a PowerPoint presentation and he suggested that they attend a Workshop Meeting and show the Commission what they have in mind. Mr. McDuffie stated this is a very interesting concept and it will be all organic, have benches and quiet areas. He stated he believes this is a great cause and it is worthwhile for the Commission to listen to their presentation. 13.C.2. Mr. Fetzer Mr. Fetzer congratulated the City's new Commissioner Mackenson Bernard and stated the Commission is glad to have him as part of their team. Secondly, Mr. Fetzer stated the S.P.LRLT. Banquet was a great event and congratulated the S.P.LRLT. Committee for doing a great job with planning the event. 13.C.3. Mr. Eliououlos Mr. Eliopoulos congratulated Commissioner Mackenson Bernard and stated there was a good group of applicants. - 35 - 08/OS/08 Secondly, Mr. Eliopoulos stated he would like staff to look into a 4-day work week as like some other municipalities are doing. The City Manager stated there could be potential problems with certain employees with child care issues and the public wanting to be able to use the City's facilities. He stated some employees are on 4-day work weeks and staff is looking to expand that. The City Manager stated for field crews you not only save in fuel and air conditioning costs but they are only having to go to the job site 4 days instead of 5 days and the City is looking at this option and will continue to follow the development of it. Mr. McDuffie stated this is done in a number of locations in the Board of County Commissioners offices and some of the constitutional officials. He stated if the commuting takes employees off of the road that one day there is essentially a 20% savings in green house gases, etc. Mr. McDuffie stated the City would have to be careful to look at each department because some departments are very customer service oriented and you could lose 20% of your customer service staff. He stated some people have made it work. There was brief discussion between the Commission regarding the State of Utah and Hawaii going to a 4-day work week. Mayor Ellis suggested that staff could stagger and rotate their off day and work a 4-day work week so that City Hall would remain open for the entire week. 13.C.4. Mayor Ellis Mayor Ellis welcomed Commissioner Mackenson Bernard and stated her interview with him was extremely enlightening. Secondly, she stated she will be looking forward to the August 12, 2008 Workshop Meeting. After brief discussion, the Commission noted that Commissioner Mackenson Bernard will be sworn in on August 12, 2008 in the Commission Chambers just before the Workshop Meeting and then they will relocate into the First Floor Conference Room. There being no further business, Mayor Ellis declared the meeting adjourned at 8:44 p.m. City Clerk -36- 08/05/08 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 August 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. -37- 08/05/08 SPECIAL/WORKSHOP MEETING AUGUST 12, 2008 A Special/Workshop Meeting of the CitS~ Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, August 12, 2008. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Mackenson Bernard Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, CitS~ Attorney Lanelda D. Gaskins, Acting Deputy City Clerk Mayor Rita Ellis called the special meeting to order and announced that it had been called for the purpose of considering the following Items: SPECIAL MEETING AGENDA 1. Oath of Office administered to Newly-Appointed CitS~ Commission Member: Mackenson Bernard (Swearing-In Ceremony will be held in the Commission Chambers). Mr. Bernard was sworn in by Lanelda D. Gaskins, Acting Deputy City Clerk. Mayor Ellis briefly commented and thanked everyone for attending. Mayor Ellis adjourned the Special Meeting at 6:08 p.m. WORKSHOP AGENDA 1. Municipal Solutions Report Presentation David A. Evertson, Principal of Municipal Solutions, presented this item. Also present were Senior Associates Colin Baenziger, Barry Strock, Richard Davis and Robert Hoffmann. Mr. Evertson discussed the " 360 Performance, Process & Finance Audit Findings Report Summary". He discussed some important notable findings and opportunities to improve efficiency in the following departments: • Finance • Planning & Zoning, • Human Resources • City Clerk • Police • Fleet Maintenance Mr. Evertson discussed the potential reallocation of net gain or lost. He discussed the replacement of outdated vehicles and software. He suggested a comprehensive evaluation of the software. Mayor Ellis thanked Municipal Solutions for their presentation. Mr. Fetzer commented on the information provided by Municipal Solutions and suggested staff follow-up on its recommendations. Mr. Eliopoulos asked if staff reviewed the information. David T. Harden, City Manager, advised the information has not been thoroughly reviewed by staff. Mr. Eliopoulos discussed the possibility of doing four (4) day work weeks. Mr. Evertson advised that in his experience it is more of a political than fiscal solution. There are benefits on both sides but there is no one size fits all solution. Mr. Eliopoulos stated that the City should look at upgrading the software since it benefits all of the departments. Mr. Evertson discussed the software. He stated the CitS~'s software is over 30 years old, it needs to be assessed. Mayor Ellis briefly discussed the integration between the different departments. Mr. Baenziger advised it is important to get a good consultant for the software -someone that really understands the packages. Mr. Evertson talked about Wi-Fi. He stated he brought in Barry Stroud because of his expertise in software. He knows the backgrounds of companies and is very familiar with the packages. Mr. Bernard stated he is concerned about the 27% unaccounted water and would like to know how the amount could be reduced to the 15% range. Mr. Baenziger stated a study would have to be conducted. Production statistics show what is coming out of the plant. Water meters need to be tested to be sure they are registering properly. 2 August 12, 2008 Mr. McDuffie advised he would like to speak with Mr. Stroud about civic software. Mr. Harden discussed the civic software briefly. The Commission thanked Municipal Solutions for their presentation. 2. Old School Square Presentation -Executive Committee of the OSS Board of Directors: Joe Gillie, Executive Director, presented this item. He discussed the Old School Square Partnership with the City. Mr. Gillie explained the measurable benefits to the CitS~. He stated Old School Square generates 18-20% economic impact to Downtown Delray Beach annually, through community service, programs and discounted rates for classes. Mr. Gillie discussed the track record of Old School Square and its many contributions to the community. He discussed some of the challenges that are being faced by Old School Square. He stated there was a 67% decrease in State grants over the last year. He discussed other resources that are being reviewed. He thanked Bob Barcinski, Assistant City Manager for his support. Mr. Gillie also introduced the President of Old School Square, Brian Cheslack. Mr. Cheslack advised that the money provided by the City has been used well. With the budget being tighter, greater emphasis should be placed on those organizations that prove to be good stewards of the funds provided, like Old School Square. Mr. McDuffie discussed the economic impact model. Mr. Gillie provided the name of the website used to generate the economic impact model. Mr. Eliopoulos advised that the true value of Old School Square is not known by a lot of people. 3. Proposal regarding Voluntary Contributions for Arts and Culture Projects Joseph Safford, Director of Finance, introduced this item. He discussed voluntary contributions for arts and culture projects on the utility bills. He discussed three (3) alternatives given by SunGard HTE, the software vendor for utility bills. He recommended a separate flyer be included with the monthly, quarterly, annual or semi-annual bills. Mr. Fetzer stated it's a great idea and he is in support. Mr. Eliopoulos agreed with Mr. Fetzer and supported Mr. Safford's recommendations. He suggested something be sent quarterly. Mayor Ellis asked who would decide who gets the money. She also asked what is in the water bill at this time. Mr. Safford stated that the concept came from Old School Square so he assumed it would go towards their Cultural Arts Projects. He explained what is in the water bills. Mr. Gillie stated that all of the arts would benefit from the contributions. Dr. Jay Alperin, Old School Square, stated that the purpose is to collect funds. 3 August 12, 2008 Susan Ruby, City Attorney, advised a tax benefit would also be initiated. Mr. Bernard stated that he supported the project and also suggested it should be quarterly. Mayor Ellis suggested a collaborative contribution. It is the Consensus of the Commission to support this project. 4. Proposed Capital Improvement Program (CIPI FY 2009 - 2013 Presentation Richard Hasko, Director of Environmental Services, introduced this item. He gave an overview of what would be presented. Randal L. Krejcarek, City Engineer, gave a presentation of the proposed FY 2009-2013 CIP. Mr. McDuffie asked if federal funding is still available for these projects. Mr. Krejcarek advised that an extension was given on some of these projects and that the money would be available in July 2009. Mr. McDuffie asked if we are only committing to the current fiscal year capital improvement program. Mr. Krejcarek stated that the City plans for a five (5) year fiscally balanced plan. He discussed the replacement of the Old School Square windows that were hurricane damaged. Mr. Krejcarek discussed the 50% grant match for some of the projects including twelve (12) bus shelters. Mr. Fetzer asked if any of the Osceola plans addressed street lighting. Mr. Krejcarek advised that an assessment will be done by Florida Power & Light and if they determine street lighting is needed it will be addressed. Mr. Harden advised that the largest project is software for the Police Department. He agreed with Municipal Solutions that a Consultant should be brought in to help with the selection of an upgraded software package. He advised that the City should look at grants for these projects because the funds are not there for these projects anymore. He explained why some of the projects are unfunded. Mr. Fetzer stated that staff provided an overview of the debt millage and he would like to be provided with that information this year before this budget is adopted. He also asked if there is any additional debt. Mr. Harden advised there is no additional debt that would affect millage. Mr. Eliopoulos questioned street construction and improvements and how it is budgeted. Mr. Hasko explained how the street construction and improvements are budgeted. 4 August 12, 2008 Mr. McDuffie asked Mr. Krejcarek to get him some information that he could present to the Metropolitan Planning Organization. 5. Water/Sewer Budget FY 2009 Presentation David T. Harden, City Manager, presented this item. He discussed the summary that was distributed to Commission with regards to the water/sewer budget for FY 2009. He stated that the decrease in water revenues is lower because of water restrictions. Mr. Harden advised that because of the increased cost of electricity and chemicals, it would offset an~~ potential savings due to producing a lower volume of finished water. He proposed rate increases of 13.75% for water and 10.5% for sewer. Ma~~or Ellis asked when reuse is available for the residential subscriber what the difference in rate is. She stated several former Commissioners expressed some concerns that the costs remained the same. Richard Hasko, Director of Environmental Services, explained the current rate structure. Mr. Fetzer stated that residents ma~~ not understand the increase and the message would need to be conve~~ed that because of the rise in electricity and chemical costs the water and sewer rate increased. Mr. Eliopoulos concurred with Mr. Fetzer that the message would have to be clearl~~ communicated. Ma~~or Ellis adjourned the Workshop Meeting at 8:50 p.m. CitS~ Clerk ATTEST: MAYOR 5 August 12, 2008 The undersigned is the CitS~ Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, August 12, 2008, which Minutes were formally approved and adopted by the City Commission on CitS~ Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 6 August 12, 2008 MEMORANDUM TO: Mayor and City Commissioners FROM: Guy Buzzelli, Chief Information Officer THROUGH: Joseph M. Safford, Finance Director DATE: August 12, 2008 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 GRANICUS AWARD PRESENTATION ITEM BEFORE COMMISSION The item before the City Commission is a presentation by Guy Buzzelli to Charles Furment for the Digital Governance Award from Granicus, Inc. to Delray Beach for Excellence in Disseminating Government Information. BACKGROUND The City of Delray Beach Information Technology (IT) division recently won 2nd place in the Digital Governance Award for Excellence in Disseminating Government Information. Delray Beach distinguished itself in this category using webcasting technology as a critical, cost-efficient vehicle for distributing public information. The City of Delray Beach uses the Granicus application to provide video streaming of City Commission meetings (live and archived) via the City's website. Audio from the City's Emergency Radio Station, 1620 AM, is also streamed on the City's website through Granicus, and Grancicus facilitates the live audio broadcast of City Commission meetings on 1620 AM. "The IT Division is honored to receive the 2nd place award," says Chief Information Officer, Guy Buzzelli. "We competed among much larger and very competitive jurisdictions. I am proud of our IT staff and especially Charles Furment who has done an outstanding job utilizing the Granicus technology." MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 11, 2008 SUBJECT: AGENDA ITEM 8.A -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER 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 July 31, 2008. BACKGROUND By a vote of 8 to 0, the SCRWTD Board approved the following: • Authorized Executive Director's Contract and agreed to increase in salary retroactive to June 1, 2008. • Accepted 2008/2009 Wastewater and Reclaim O&M Budgets and Wastewater Repair and Replacement Expenditures. • Authorize the establishment of a user rate in Fiscal Year 2008-2009 for wastewater in the amount of $.9977/1,000 gallons for Operations and Maintenance and $.1940/1,000 gallons for Reserves bringing the total to $1.1917/1,000 gallons. • Authorized the Board to establish a reclaim user rate to consumers (Delray and Plant) for Fiscal Year 2008/2009 as follows: $0.16139/1,000 gallons. • Accepted the 2008/2009 Organizational Chart and Salary Range Revisions as well as the two job description revisions and the addition of a new job position. RECOMMENDATION Recommend ratification of the action approved by the SCRWTD Board on July 31, 2008. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2Q08 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did an JULY 31, 2048 by a vote of 8-0, authorized Berard to establish a reclaim user rate to consumers (Delray and Plant} for Fisca- Year 7Q0812Utt9 as follows: $Q.1693911,t?DA gatJons WHEREAS, said Board action requires ratification by the Gity of Delray Beach and the Gity of Boynton Beach. NOW, THEREFC}RE, the City of Delray hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: Gity Cierk Approved as to form: City Attorney F:IdocslBdMtgslRatifs12007-20081De1rayBeachRatif 07-31-2{108. doe AGENDA ITEM J4 South Central Regional Wastewater Treatment and Qisposal Board RECLAIM USER RATE OPERATION & MAINTENANCE F1Y 200$/2Q09 Original Retail Customers {1.3 billion gallyear} 3 year average City of Delray Beach {468 million gallyear} {Delray Muni, Hamlet, Delaire, Delray Misc} SCRVVWTP {255 million gallyear} + estimate for deep well Total = 6314 mg annual (17.3 mgd est} Projected budget Reclaim O&M User Original Retail Customers City of Delray Beach; DeUay Muni GC Hamlet Delaire Delray Misc SCRWWTP Flows 1.3 billion gallyear 96 million gallyear 125 million gallyear 182.5 million gallyear 65 miNion gallyear 4546 million gal/year $1,019,000 RATE Revenue 0.2552/1000 gal 331,760 (4 courses $.08 surcharge} not included 0~ 16139!1000 gal 15,493 0.16139!1000 gal 20,174 0.1613911000 gal 29,454 0.1613911000 gal 10,490 0.16139/1000 ga! 733,679 $ 1,141,050 F:ldocslBudgetV'y2t108-2af191rafes08n~ Page ? Of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Environmental Services Department Director THROUGH: David T. Harden; City Manager DATE: August 6, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 CHANGE ORDER NO. 1/FINAL/SOUTHLAND PAINTING CORP ITEM BEFORE COMMISSION Request approval of Change Order #1/Final to Southland Painting Corp. in the deduct amount of ($200.00) for work related to the Water Treatment Plant Clarifier # 2 Rehabilitation project, and approval of final payment in the amount of $12,432.70. BACKGROUND The City advertised the "Water Treatment Plant Clarifier #2 Rehabilitation" project on February 17, 2008. The scope of work under this bid consisted sandblasting and painting of all steel components inside the clarifier reactor unit. The bid package contained a contingency allowance for unforeseen conditions in the amount of $8,500, of which $8,300 was utilized. This change order liquidates the un- used portion of the project's contingency allowance. Southland Painting Corp. has successfully completed the Water Treatment Plant Clarifier #2 Rehabilitation project for the City. FUNDING SOURCE Funds will be liquidated from P.O. #651299 in the amount of ($200.00) and credited to account #442- 5178-536-64.90, Water and Sewer Renewal & Replacement Fund/ Other Machinery and Equipment. RECOMMENDATION Staff recommends award of Change Order #1/Final to Southland Painting in the deduct amount of ($200.00) for satisfactorily completing the Water Treatment Plant Clarifier #2 Rehabilitation project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/ Final PROJECT NO. 08-001 DATE: PROJECT TITLE: Water Treatment Plant Clarifier #2 Rehabilitation Project TO CONTRACTOR: Southland Painting Corp. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Liquidate residual from contingency allowance used for sandblasting and painting of areas not accessible and visible during project bidding. Please refer to attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $65,640.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $65,640.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($200.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $65,440.00 PER CENT DECREASE THIS CHANGE ORDER 0.30% TOTAL PER CENT DECREASE TO DATE 0.30% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Southland Painting Corp. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: #442-5178-536-64.90, ($200.00) DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk S:AEngAdmin~Projects\2008\2008-001\CONSTRCT\Southland CO#1 Fin 08.05.08.doc 0 0 N N Q N W 3 A~ W s V ao 0 0 ~_ m T 0 0 ao 0 0 N Z a ca C T m a~ c ca t U W O O O O G U ~ O c O ~ OM ~ ~ O ~ J Q ~ e EA N e L1~ ~ W i EA ~ ~ (6 0 ~ 4f} O ~ ~ O c O c O i O i O p C U O c c OM c O i i O i O O ~ M ~ ~} Q L z ~ O V ~ ~ ~ ~ ~ ~ ~ . CJ O ~ d ~ o€ o€ o€ o€ o€ € o€ € ° ° ~ ~ oo ~ o o € o e» € ~ s ~ ~ ~ Q _ in € ~i € eo € ~O ~ `° o ~ Q ~ U ~ o € o € o € ~ o "' ~ °o € ° € °o € o € o € U ~ o ~ € ~i € ~ € ~ € ~ ~ ~ ~ Z O ~_ z J J J J C O N ~ Z O ~ O c E € ~ .~ a € ~ ~ a~ ~ ` O ` c w ~ ~ v xs € °- ~ € ~ € co o w ~ ~ € € Q € o € w Q ~ ~ ~ T - ~ O ' O ' C ~ U w O ~+ N '- ~ (6 ~ E c J O c ~ ~ p -O i Q ~ € d € U ~ ~ H ~ ~ ~ Z o€ ~ o€ N c o <`'~ ° o V i O Q 0 0 0 C O O O O C O H O O O ~ ~ ~ ON O in in in ~ N ~ ~ ~ ~.. -O i ~ ~ ~ ~ ~ ~ ~ ~7 Q Q O O ~ U ~ o ~ ~ ~ Z ~ ~aQ~ a c > U O ~~ o O Q ~ _ Q ~ >. o U ~ U .~., o v ~> a a~ d p Z X 9 9 N 9 O O O O W W O O O O N N Z d ~ 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: August 7, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/GC WORKS, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$16,844.22) and final payment amount of $16,534.39 to GC Works, Inc. for the completion of the Sunshine Neighborhood Park Project #2007-040. BACKGROUND The project scope consisted of the construction of a pocket park located at 200 SW 15th Avenue as part of the Southwest Neighborhood Plan to include grading, landscaping, irrigation, lighting and sidewalk. The change order includes plus and minus quantity adjustments, liquidated damages, and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #646904 to funding account 334-4151-572-68.39 (General Construction Fund/Other Improvement/Sunshine Park). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$16,844.22) and final payment amount of $16,534.39 to GC Works, Inc. for the completion of the Sunshine Neighborhood Park Project. CITY OF D>E;LRAY BEACH CI~ANGE ORDER TO OItIGINAi, CONTRACT CHANGE NO. 1 /Final (Contract Clnsenut} PROJECT NO. 2007-040 DATE: PROJEC"T" TITLE: Sunshine Park TO CONTRACTOR: GC Works, Inc. YOU ARE HERESY REQUESTED TO MAKE THE FOLLO"4VTNG CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL COI~~TRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Corr~plete changes to project per the attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL, CONTRACT AMOUNT $133,093.4Q COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $133,093.40 COST OF CONSTRUCTION CHANGES THIS ORDER {$16,844.22) ADJUSTED CONTRACT AMOUNT INCLUDING-THIS CHANGE ORDER $116,249.18 PEA CENT DECREASE THIS CHANGE ORDER - 12.65% TO'T'AL PER CENT DECREASE TO DATE - 12.65% CERTIFIED STATEMENT: I hereby certifiy that the supporting cast data included. is, ire my considered opinion, accurate; that the prices quoted are fair and. reasonable and in proper ratio to the cost of the original warlc contracted for under benefit of competitive bidding. G C Works, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account:. DEPARTMENT Environmental Services DELRAY BEACH; FLORIDA by its City Commission RECOMMEND: APPROVED: City Attorney FUNDING By: Mayor ATTEST: By: City Clerk S:~EngAdmm~Prnjects'~2Q07`~007-04U\OFFiCIAL\CO I P'snal GC Works GC 0819(}8.doc CERTIFIED BY SCHEDULE "A„ TO CHANGE ORDER NO. 1 /FINAL GC WORKS, tNC. SUNSHINE PAR3K PROJECT #2(107-U4U CONTRACT AWARD CONTRACT TO DATE ITEM NO. pESCR[PTI{3N UNIT' EST. TY. UNIT PRICE E~CTENDEIl TOTAL PRICE AC'T'UAL QT~'• UNIT PRICE EXTENDED TOTAL PRICE QUANT AD.I, + / - 1 Maintenance of Traffic LS 1 $ 2,960.00 $ 2,9bD,D0 1 $ 2,960.00 $ 2,960A4 $O.DD 2 Mobilization/Demobilization LS 1 $ 1,480A0 $ 1,480.00 1 $ 1,480.00 5 1,4$O.flO 50.00 3 Cleatting & Grubbing I~S 1. $ 10,D64A0 $ 10,064.OD 1 $ 10,064.00 $ ]0,064.00 $0.00 4 Trash Receptacle L5 1 $ 8$$.00 $ 888.00 1 $ 888.00 $ $88.D0 $(1,D0 5 Concrete fads LS 200 $ 7.4D $ 1,48fl.00 Sfi $ 7.40 $ 636.40 ($843.60) 6 Concrete Sidewalks LS 323 $ 29.60 $ 9,560.80 303 $ 24,60 $ 8,968.80 ($592.00) 7 Bench LS 2 $ 1,05D.8D $ 2,1D1.60 2 $ 1,050.80 $ 2,101.60 $0.00 8 Lightin and Electrical LS 1 $ 49,fi80.00 $ 49,680.00 1 5 49,b80.00 $ 49,680.00 $0.00 9 Bicycle Rack LS l $ 831.00 $ 831.D0 1 $ $31.06 $ 833.00 $0.00 10 Irrigation I~~ater Service wBox LS 1 $ 74D.00 $ 740.OD 1 $ 740.00 $ 740.00 $O.UO l l Landsca a In•igatien Systc~n LS 1 $ 20,476.00 $ 20,476.00 1 $ 20,476.00 $ 20_.476.00 $O.OD 12 Royal Poinciana LS 3 $ 326.{30 $ 978A0 3 $ 326.00 $ 978.00 $0.00 13 Live Oaks LS 4 $ 844.40 $ 3,376.00 4 $ 844.00 $ 3,3?6.00 $0.0[8 . 14 Royal Palms LS l 1 $ 844.00 $ 9,284.OD 11 $ 844.00 $ 9,284.00 $O.OU 15 1?icus Punaila LS 98 $ 6.D0 $ 5$8.00 98 $ 6.00 $ 588.D0 $0.00 16 Florida Gau~ma Grass L5 135 $ 12.OD $ 1,620.00 135 $ 12.00 $ 1,620.00 $0.00 17 St. Augustine Sod LS 13,212 $ D.50 $ 6,506.00 13212 $ 0.5(} $ 5,606.0© $O.OU 18 Fi.l] ~ LS 20 $ 18.50 $ 370.00 ]0 $ 18.50 $ 1$S.DO ($185.00) 19 Soil Testing Allowance LS 1 $ 30D.00 $ 300.00 L $ 30D.00 $ 300.00 $0.00 20 Utility Allowance LS 1 $ 5,000.00 $ S,DOO.UU 0.46 $ 5,000.00 $ 2,321.41 (52,678.59) 2I Video Allowance LS 1 $ 1,D00.OD S 1,D00.00 I $ I,OOO.DO $ 1,DOD.00 $0.00 22 3ndeannification LS ] $ 10.00 $ 10.00 I $ 10.00 $ 10.00 $0.00 23 As-Bailie LS I $ 3,700.D0 $ 3,7DD.U0 1 $ 3,700.00 $ 3,700.00 $U.UO Irrigation Ilan Modificarians LS - $ - $ - 1 $ 3,236.11 $ 3,236.11 $3,236.11 _ Landscape Plan Modifications LS $ - $ _ 1 $ 1,47].36 $ 1,471.36 $1,471.35 Truncated ]Dome Mats EA - S - $ - 2 $ 373.75 $ 747.50 $747.50 TOTAL ORl(x1NAL CONTRACT AWARD S T33,U93.4U $ 134,244.18 $1,155.78 CHANGE ORDER NO. 1 1 FINAL Quan#ity Adjus#men#s (above) $1,155.78 Liquidated Damages 36 Bays @ $500.001Day ($18,000.00) CHANGE ORDER N0. 1 t F1NAL ($16,844.22) GRANA TOTAL CONTRACT AWARD A\'T3 CO #1 $11C 249.1$ Page i ~~ E '~ F ~ J r r // ~ r ~~ a ~ I~ ~ I1 ~ ~: i ~ . // j / !7 a /( .._, I ~ ~ d- W._ ___.,._.µ... _ `," r ~ _~ .. c ___..... ,.~,_. ~ ~._~_ ~~~ ~- _~ --~ ~ _ .... 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I_.,__._,___.._-.~ ~-~. ~__ ~ _~ -- ---..-_-._~ .. _.w._.__._..~ ~.._..,...._.~.__ ....~.._._._.~~.~ E.._.------_~._l I ... ... ~ _ ~.....~.,......__, ,..__r..,__ -, ..~.~...... ~ '' In....,..,...,_...._; ..~ __,.._ _ ' ~ 1 ~ ~ .„, ..,...w.,_~ j_ ~.r.._.._~ _ ._,_,.._,__~,.~,.~ I ' ~~ 4.....,..... _. 7 ~` _~ ~ --i . ~._~~_._., .._.___ .._.~ .___.__._....~_i ..._~.,_~..~. ~.._----.__._~ _._.._...__..... - - _ ...._.---.._._~ ,_..~.m._~_. _.___._._._~.. __W_._..._..___ ~----_-__-_ _~._~_ _.--._.-.- . ~___ n.~ . ~,~. i ~,. ~ ..... ^_ _ „~ {r7 ~~ z ~. ,,....~__.__~_.. _ `f _ _~ ~ _.~ ~._. ~ _.. _ _ _.________~~ __.__._~..~ ~F~__.___.~~ .~._.~_..._..~ ~_~___..__.. ____.__~._-~ ._.---._.._._ _~ .___._~___.~ -------_..__ !._._.___..__. ~....W__.__. __._. ~, ~ 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: August 6, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 CONTRACT CLOSEOUT (CHANGE ORDER N0.2)/FINAL/CHAZ EQUIPMENT COMPANY, INC./WEST ATLANTIC WATER MAIN PROJECT ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of (-$43,862.46) and final payment amount of $14,765.25 to Chaz Equipment Company, Inc. for the completion of the West Atlantic Water Main Project #2004-034. BACKGROUND The project scope consisted of the construction of approximately 2,300 linear feet of 8-inch ductile iron pipe on Atlantic Avenue from S.W. 12th Avenue to S.W. 6th Avenue. The project also included the connection of existing and proposed water services, installation of new fire hydrants, and asphalt trench repair. The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #650063 to funding account 441-5161-536-65.24 (Water/Sewer Fund/Other Improvements/W. Atlantic Ave. Phase III). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of (-$43,862.46) and final payment amount of $14,765.25 to Chaz Equipment Company, Inc. for the completion of the West Atlantic Water Main Project. CITY OF I3ELRAY SEACH CHANGE ®RI9EIt TO ®RIGINAL C®NTIZACT CHANGE NO. 21I+'inal (Contract Closeout) PROJECT NO. 2004-(134 DATE: PROJECT TITLE: West Atlantic Water Main Project TO CONTRACTOR: Chaz Equipment Company, Inc. YOU ARE HEREBY REQUESTED TO MAKE THI FOLLOWING CI-iANGES IN THE PLANS AND SPECIFICATIONS- FOR THIS PROJECT AND TD PERFORM THE WORK ACCORI]INGLY, SUBJECT TO ALL CDNTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to the project per the attached Schedu3e "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONS'T'RUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PERCENT DECREASE THIS CHANGE ORDER -14.18% TOTAL PERCENT DECREASE TO DATE -4.46 $309,110.00 $30,05.50 $339,167.50 $43.862.46 $295,305.04 CERTIFII~D STATEMENT: I hereby certify that the supparting cost data included is, in my considered apinion, accurate; that the prices quoted are fair and. reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Chaz Equipment Co., inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is avaifabfe from accourrt: DEPARTMENT FUNDING DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: APPROVED: Enviromnental Services City Attorney S: ~.EngAdmin\Projects'~260A\206A-0.3410FFiCIALIChaz CO 2 GC OSf 9Q8.doc By Mayor ATTEST: By: . _ City Clerk CERTIFIED BY SCI3IaTFULT: "A„ TO CI3ANGE ORDER NO. 2 /FINAL CIIA2: EQT3IPMENT COMPANY, INC. WEST A'T'LAN'T'IC WATER MAIN PROJECT #2064-034 CONTRACT AWAItI) CONTRACT TO DATE ITEM NO. DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENDED TOTAL PRICE ACTUAL QTY• UNIfi PIiICT: EXTENDED TOTAL PRICIa QUANT ADJ.+1- 1 Maintenance of Traffic LS 1 $ S,000,D6 $ S,OOD.00 i $ 5,000.OD $ 5,000.00 54.00 2 MobilizationlDemobilization LS 1 $ 9,fl00.fl0 $ 9,000.00 I $ 9,(}D0.00 $ 9,400.00 $6.6D 3 Clearing & Grubbing LS 1 $ 1S,OOD.00 $ t5,00fl.00 3 $ 15,000.00 $ 15,000.00 $O.Ofl 4 B" I]IP Pipe LF 2,300 $ 38.D0 $ 87,400.00 2322 $ 38.00 $ 88,236.00 $836.00 5 6° Gate Valve 1=A 3 $ BUO.DO $ 2,4D0.00 3 $ 8D0.00 $ 2,4D0.00 $4.00 b 8" Gate Valve EA 13 $ 1,200.00 $ 15,600.D0 14 $ 1,200.00 $ 16,800.00 53,200.4D 7 System Testing LS 1 $ 7,50fl.00 $ 7,5fl0.00 1 $ 7,SOOAO 5 7,SUD.DO 50.00 8 Llne Stop ]3A 1 $ 3,SOfl.OD $ 3,Sfl0.00 1 $ 3,500.00 $ 3,500.00 $0.00 9 Connect to existing Water Main );A 5 $ 1,300.(10 5 9,Sfl0.06 8 $ 1,900.00 $ 15,206.00 $5,70fl.00 I 14 Fire HydrantAssembiy FA 6 $ 4,400.00 S 24,OOD.OD 3 $ 4,DUO.DO $ 12,fl00.DD (SI2,D4{3.D0} I I 6" x 6" Tapping Tee wlValve EA 4 $ 3,540.flD $ 14,400.00 3 $ 3,504.04 $ 10,5()0.40 (53,S4D.00) 12 Asphalt Trench Repair LF 2,700 $ 30.60 $ 81,000.D0 2D93 $ 34.00 $ 62,790.40 ($18,21D.OD) 13 Single Water Service 1rA 18 $ 40fl.00 $ 16,2D0.00 t8 $ 900.00 $ 16,200.40 $O.Ofl 14 Pavement Marking & Signage LS 1 $ 2,0(10.00 $ 2,Ofl0.00 1 $ 2.006.00 $ 2,000.00 $O.Ofl 1S Utility Allowance LS 1 S 10,00flA0 $ ]O,Ofl0.0U (1.094275 $ iD,D0U.00 $ 902.75 {$9,D97.25) 16 Video Allowance LS 1 5 5,006.00 $ S.ODD.04 0.4 $ 5,000.04 S 2,004.40 {$3,060A0} 17 Indemnification LS 1 $ 14,00 $ [0.00 1 $ 10.00 S 10.00 $0.00 18 A5-Bunts LS 1 $ 2,D00.00 $ 2,D00.06 1 $ 2,006.60 5 2,0OO.6D $fl.00 TO'1'AL ORIGINAL CONTRACT AWARII ~ 3U`J,IlU.UU $ Z71,U3~3.75 (~3t3,U71.Z5) CtTANAF (]RT1RR Nn. 3 Asphalt Trench Repair {Revised ar DOT Penuit LF 2,700 $ 9.53 $ 25,737.50 2093 $ 19,946.29 $ 19,946.29 ($5,793.21) Add'1.45 degree fittings/restraints at futm~e storm offsets rA 8 $ 540.OD $ 4,320.40 3 $ 4,320.00 $ 4,320.00 50.04 'I'U'1'AL CHANGk; URllF;R NU. 1 $ 30,057.50 ~ L4,L6ti.Ly ~ (b,/~1.;C1) GR~#NI7 TOTAL INCLUDING CIIANGI~ URUER NO. T ~ 334,167._50 $ 295,305.04 S (43,862.46) Original Contract Award 5 3D9,110.00 Previously Approved Changes ~ 30,457.5© Total AwardlAppro~ed to Date $ 339,167.50 Final Contract to Rate $ 2ss,3os.oa CHANGE OR©E~R NO. 2 f ANAL $ (43,862.46) Page t LL~~J r„`~ W ~--- Z ST. ~' ATLA~4T -,.~I , !~L~~ b J ICI fj 'I ~ ~_ L _ i 'uu~L I_'I~I~I J'L I~ ICI ill J~~_, ~I~~~ LJ ~Ju ~~`I~~~' ~I ~ '~ rl ~~ J ~~^,;~, ~~~ ~L J~~ ~~ ~" a S.E. ~I~~~ .~ ~~. ~~ ~~I~ I~ rI4~ t~l~, I ~I~ II ~~ C3~ ®~L,~~'~ ~~~~ ~. AT~.ANTlC AVEhiIJE WATER o~r~: is/aa ~ ~JVl~OiVtJIEM'AL ~Fi~l~~3 L~PA from fith Ave. to 12th Ave. 494 ~Oi7!}~B RYES, D9.AAY 9 F9-R7A X444 Project ~ 20d4-03+F 1 Of 1 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: August 7, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1)/FINAL/WEST CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$52,323.08) and final payment amount of $20,330.48 to West Construction, Inc. for the completion of the Lindell Blvd. Traffic Calming Project #2003-005. BACKGROUND The project scope consisted of the construction of three divided roadway medians, three stamped asphalt speed tables, and one roundabout; and associated improvements. The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #646903 to funding accounts 334-3162-541-65.78 (General Construction Fund/Capital Outlay/Traffic Calming Lindell Blvd.) and 448-5461-538-65.78 (Storm Water Utility Fund/Other Improvements/Lindell Blvd.) RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$52,323.08) and final payment amount of $20,330.48 to West Construction, Inc. for the completion of the Lindell Blvd. Traffic Calming Project. CITY OF IJELRAY SEACH CHANGE ORi3ER TO Ol[HGINAL CONTRACT CHANGE NO. ~ /Final (Car€tz•aet Closeout) PROJECT NO. 2003-005 DATE: PROJECT TITLE: Lindell Boulevard Traffic Calming TO CONTRACTOR: West Construction, inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STTPULATIOIv'S AND COVI/NANTS. JUSTIFICATION: CompEete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRAC'T' AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OT°' CONSTRUCTION CHANGES THIS ORDER ADJUS'T`ED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THIS CHANGE ORDER -1 I.40% TOTAL PER CENT DECREASE TO DATE - 11.40 $458,932.60 .oa $458,932.60 ($52,323.08) $406,609.52 CERTIFIED STATBMTNT: I hereby certify that fine supporting cost data included is, in my considered opinio€~, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original. work contracted for under benefit of competitive bidding. West Canstrnetion, Tinc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: DEPARTMENT FUNDING DELRAY BEACH, FLORIDA by its City Co€runission RECOMMEND: Environmental Services APPROVED: City Attorney By: Mayo€• ATTEST: By: City Clerk CIaR'T'IFIID BY S:1En~AtiminlP~njects12003',2003-Oi3SbFFIC1/tiLiwest CO k Fznal Lindell GC OSI9©S.doc SCIIEI)ITLE "A•' TO CI3ANGE ORDER NO. I I FINAL (CONTRACT CLOSEOUT) WEST CONS'TRLICTION, INC. LINDELL BOULEVARD TRAFFIC CALMING PFN 2tf03-OUS ITEM DEaCRIPTION UNIT CDNTI2ACT AWARD CONTRACT TO GATE NO. EST. QTY. UNIT PRICE TOTAL ACTUAL QTY, UNIT PRICE NcXT1^NDEC) TOTAL PRICE Ql1ANT AL].t. +1- Roundabout 1 MpbilizatipnlDamabilizafipn LS 1 $3,250.40 $3,256.40 1 $3,25D.OD $ 3,250.00 $0.00 2 Maintenance of Traffic LS 1 $13,000.04 $13.000.00 1.0000 $13,ODO.OD $ 13,DOD.00 $0.00 3 Clearin and Gruhhin LS 1 $4,550.00 $4,550.DD 1 $4,550.00 $ 4,550.00 $D.00 4 1 112" T e S-3 As haft Concrete SY 4p $36.4D $1,458.00 4D $36.40 $ 1,456.00 $0.00 5 12" Limerock Base SY 40 $36Ap $1,456.DD 40 $36.4D $ 1,456.00 $0.00 6 Concrete 7 e "D" Curb LF 50 $15.60 $780.D0 100 $15.60 $ 1.5fi0.00 $780.D6 7 Round-a-bout Lindell O en EA 1 $95,82D.D0 $95,820.0D 1 $95,826.D6 $ 95.826.60 $0.00 8 Swale Grad'in & Soddin SY 1300 $6-50 $8,45D.DD 1300 $6.5fl $ 8,45D.00 $0.00 9 4" SCH BD PVC Irri atian sleeve LF 220 $15.60 $3,432.{)0 220 $15,60 $ 3,432-DD $O.DO 1D T "E" Inlet Do Hause! USF 5130-6168 EA i $8,500.06 $6 500.00 1 $6,500.00 $ 5,500.OD $0.00 i t Convert Ex. Catch basin tp Manhole wl 115E 576 VH -ORS EA 1 $6,5DD.DD $6,500.DD 1 $6,500.00 $ 6,500.D0 $0.60 12 AS-BUILT i7rawin s LS 1 $1,95D.DD $1,950.D6 1 $1,95fl.00 $ 1,950.00 $0.00 13 Prp'ect Si ns EA 2 $975.DD $1,950.66 0 $975.00 $ -$1,950.D0 14 Utilit AI€nwance LS 1 $8,444.40 $B,DDD.00 0 $8,000.00 $ 1,235.52 -$6,764.48 15 Landsca a Allowance L5 1 $7,006.00 $7A4D.00 0 $7,444.04 $ -$7,DD0,4D 16 VideoAlfpwance LS 1 $1,000.00 $1,OOO.DO 0 $1,D00.00 $ $1,04004 17 Indemnification LS 1 $1D.OD $10.D0 1 $10.00 $ 10.D0 $O.pp 18 Raund-a-bout (closin Lindell) Deferred S ®ad Hum s 19 MnbilizatinnlDempbilizat~pn LS 1 $3,250.00 $3.256.00 1 $3,250-00 $ 3,25D.D4 $D.DO 2D Maintenance o€ Traffic LS 1 $13,000.DO $i3,004.D0 i $13,DD0.00 $ 13,D00,04 $4.00 21 Clearin and Grubbi #.S 1 $9,750.00 $9,754.00 1 $9,750.D0 $ 9,75D,6D $0.04 22 1" ~ e 5-3 As halt Overlay TON 140 5220.D0 $30,860.00 126 $220.00 $ 27,720.00 -$3,080.00 23 Stem ad As halt S eed Hum EA 3 $30,OOD.00 $90 DD6.00 3 $30,000.00 $ 96,o0D.00 $0.00 24 5` Gpncrete Sidewalk (4" thick LF 220 $26.00 $5,720.00 322 $28.00 $ 8,372.DD $2,852.00 25 5' Concrete Sidewalk 6" thick} LF 10 $32,50 $325.00 50 $32.50 $ 1,62504 $1,3D4.D4 26 Concrete Drive A ran 6" thick 5F 350 $6.50 $2,275.00 D $6.50 $ -$2.275.40 27 As halt Drive Apron with Base SY 54 $36.40 $1,965.60 D $36.40 $ - -$1,955.60 28 Swale Gradin & Soddir#g SY 3840 $6.50 $24,960.D0 198 $3,250.80 $ 1,287.06 -$23,673.00 Medians and InterseCtian 29 MpbilizatinnlDemnbilization E.S 1 $3,250.00 $3,256.00 1 $3,250.00 $ 3,254.44 $0.00 30 Maintenance of Tra€fic LS 1 $6,500.D0 $8.500.D4 t $6,500.Dp $ 6,504.00 $0.00 31 Clearin and Grubfain LS 1 $5,460.40 $5,460.D4 1 $5,4fiD 00 $ 5,460.00 $0.00 32 3 D£vided Roadway Medians at Lindell and Carol HolYer LS 1 $89,000,00 $69,000.00 1 $69,000.00 $ 69,OODA4 $0.00 33 Gpncrate Drive Apron (6"thick SF 900 $6.50 $5,850.00 731 $6.50 $ 4,751.5D -$1,098.5D 34 As halt Drive A ran with Base SY 246 $19.50 $4,797.00 304 $19.50 $ 5,928.00 $1,131.04 35 Swale Gradi & Soddin SY 2146 $6.50 $13,962.D0 . 705 $6.50 $ 4,582.50 -$9,379,50 38 4" SCH BO PVG irrigation sleeve LF 190 $15.60 $2,964.00 19D $15.60 $ 2,964.04 $0.00 GRAND TOTAL $458,932.60 $406,8©9.52 {$52,323.08) Original Contract Award $458,932.60 PreviousEy Approved Changes $6.04 Total AwardlAppraved to Date $a5s,932sD T'fnat Contract to Date $406,609.52 CHANGE QR~ER NQ. 1 1 FINAL S (52,323.08) Page 1 pf 1 t i ,..__~..~..~._.~~~.~a ~,_.._~.___.___..f ~~,~._____.__.~~,....,_,.,...~.~; ~.,.~~_____.__,_._._~._~______ I _____.,_...~~_ 1_ LI I~TON BOUE_EVARD _~ .'~ ~..~.._._.~_._._} ~-_ry _...~.,~.~_.__-....,..~. _ f, ~~ ~~......__._..,_.,_,_~ If d ~~ a~ ~ - ~ €€ ~~~ ~ .~ 1 f ,~ ~I I + ~ ~ L_,.- ~ ~ 11 I 3• ~ G~ 4 ~ ~ ~,........u,. ~_ ~~ ,.. ~ ~- a~~~ ~ , ~ ~~ ~ f ~:__ ~m~ ~ ~~ ~~ ~ ~ ~~: ~ ~~~ ~ ~ ~ ~~ ~~ ~ a ~~ ~.--r_ .~-~.~_._-.._~. ~ ~:naa ~ i ~, N '~ 3f W7 ~ ~ - 1}/{ ~ ~M~ 1 ~ 111 JJ '°.,,..~~~ ~ ~~z. ~,r',~ a:u ----,,.. 4 [~ iii ~- t ~ ~ Cl _.._._.._~ ~~.-,..n, n_~ ~~ .f"`~4~~ ~~/T~ riQ~ k ! `~--ti.w-r^ 3~-f ~ j( ~ ~L...,., (~ I f !F ~ ~ ~~ ~ _..~_~ J~_.~ ~ ~t.ux ~_ A t i~ I ~ 111 Fn-.~-.~L.-,~ a ~ ~ I ~ f t„~Vg~iB fi I rr`` 'T~' 6 l( ~~ f t ~. ~~ ~, >t ~~~ ; ~, E„' ~5~ ~ '.~."~.~~ ~ i ~ f ~ ~ ~..., ____„,.~ ~ ~ jf ~ ~ ~i' I ~ s~ `~ o v U ~ ~ J ~~ ,~ ~ ~ ~ Yj J ~ ~ fIJ 0 0 a f vi Cif ~~ ~ ~ L! ND ~L L BL VD ~~r~flv/zslz4~s ,.. ~ p t~ ry~, f 1i L ~~/"{~tVIY f~t~T t1NE~' BLV~t#>~td+ E~~®~~~~.. x~il`.~ ~ 43+F 8d~F1Tli ~# AY~7C, AE3RAY f,~AR~4. F1.gi#7A ~A45 . 2443-4135 ~~' ~ {~ '~ 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: July 24, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 CONTRACT CLOSEOUT/FINAL PAYMENT/THE BG GROUP, LLC/CARVER ESTATES DEMOLITION PROJECT ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout and final payment in the amount of $80,144.60 to The BG Group, LLC for completion of the Carver Estates Demolition Project #2007- 034. BACKGROUND The scope of the project consisted of the demolition of 17 buildings; to include foundations, slabs, driveways, driveway aprons, walls, fences, and asbestos abatement; and the disposal of all materials. In addition, the removal and capping of all water, sewer, and drainage facilities was included; and the site was brought to a level grade. The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. The project is complete and all closeout documentation has been received. A location map is attached for your reference. FUNDING SOURCE There are no changes to the original contract amount. A closeout spreadsheet is attached for your reference. Funding is available from 118-1960-554-34.36 (Neighborhood Services/Other Contractual Service/Carver Estates Demolition). RECOMMENDATION Staff recommends approval of a Contract Closeout and final payment in the amount of $80,144.60 to The BG Group, LLC for completion of the Carver Estates Demolition Project. COIVTI2ACT CLOSEOUT SPT2T:ADST3EET TT-TE T3G GROTJP, LI,C CARVER ESTATES DEiVIOLITTOIV PROTECT #2D07-D34 CONTRACT AWARD ~ CONTRACT TO DATE ITEM NO. DESCRIPTION UNIT EST. TY. T7NIT PRICE EXTENT3ED TOTAL PRICE ACTUAL QT~'• IINTT PRICE EXTENDED TOTAL, PRICT]< QI7ANT ADJ. + 1- 1 Maintenancenf3'xa#1'tc LS 1 $ 2,500.00 $ 2,SDD.DO 1 $ 2,500.00 $ 2,5UU.D0 $0.00 2 dv[obilizationll7e~nobilization I,5 1 $ 65,OOO.fl[1 $ (iS,ODD.00 1 $ 65,404.00 $ GS-ODO.DO $O.OD 3 Clearing & Grnbbing LS 1 $ 26,DD0.00 $ 25,000.OD 1 $ 25,000.00 $ 25,006.00 $D.00 4 Bldg A - 792 SW t2tlt Terrace LS 1 $ 32,45D.Ofl $ 32,4,50.OD 1 $ 32,45D.OD $ 32,450.DD $4.40 5 131dg l3 - 781 SW 12th Terrace [,S 1 $ 32,450.00 $ 32,450.OD 1 $ 32,450.00 $ 32,450.00 $4.00 6 >itdg C - 770 SW 12t1~ Terrace LS 1 $ 35,40D.flD $ 35,40D.D0 1 $ 35,404.D4 $ 35,4DO.D0 $0.04 7 Bldg D - 760 SW 12th Terrace LS 1 $ 26,650.00 $ 26,b50.D0 1 $ 2fi,650.4D $ 26,650.60 $4.60 8 F31dg E - 1220 SW 7th Street LS 1 $ 34.308.DD $ 34,306.D0 1 $ 34.346.OD $ 34,306.60 $0.0(] 9 Bidg F- 22D0 SW 7tli Street LS 1 $ 34,306.40 $ 34,306.40 1 5 34,306.D0 $ 34,306.Dt1 $OAD lfl Bldg G - I lb(I SW 7th Street LS 1 $ 34,306.fl0 $ 34,306.D0 1 $ 34,3D6.D0 $. 34,30b.D0 $0.40 11 Bldg H - 1140 SW 7th Street LS 1 $ 34,306.00 $ 34,306.OD I $ 34,306.00 S 34,306.40 $6.OD 12 Bldg J - I12[} SW 7th. Street LS l $ 34,366.00 $ 34,30b.06 1 $ 34,306.00 $ 34,306.00 $0.t30 13 Bldg K - I I00 SW 7th Street L5 1 $ 39,306.00 $ 39,306.00- 1 $ 34,366.00 $ 39,36b.00 $0.00 14 Bldg L - 76D SW 1D@i Ac~anne LS 1 $ 32,450.fl0 $ 32,450.00 1 $ 32,450.00 $ 32,450.00 $O.OD 15 Bidg M - 770 S W 10th Avenue LS I $ 32,450.00 "~ 32,450.OD 1 $ 32,45D.00 $ 32,450.60 $4.40 15 33ldgA'-?8©SWIOth Avenue LS 1 $ 32,450.00 $ 32,450-DO 1 S 32,45D.00 $ 32,450.OD $0.00 17 Bldg P - 79D SW 1Dtlt Avenue LS 1 $ 32,450.00 $ 32,45D.D0 1 $ 32,450.00 $ 32,450.00 $O.UO 18 Bldg Q - 1121 SW 7th Court LS 1 $ 32,460.00 S 32,454.46 I $ 32,450.D0 $ 32,45D.D0 $4.40 19 Bldg R - 1231 SW 7di Court I.S 1 $ 32,45D.00 $ 32,450.06 1 $ 32,450.00 $ 32,45D.D0 $4.60 20 Bidg S - 3 ]6t SW 7tit Court LS 1 $ 32,450.00 $ 32,450.06 1 $ 32,4SD,00 5 32,450.00 50.OD 21 Existing Infrastructure L5 1 $ 40,D00.00 $ 40,OD4.D0 1 $ 40,000.00 $ 40,OD6.00 $O.OD 22 Seeding LS I $ 53,000.00 5 63,ODO.DO 1. $ 53,40D.DU $ 63,D00.00 $4.60 23 Utility Allowance L5 1 $ 40,000.00 $ 40,OOO.DD 1 $ 4D,DD6.00 S 44,OD6.00 $O.DD 24 Video Allowance LS 1 $ I,DOO.DD $ 1,040.40 1 $ 1,060.Ofl $ 1,000.OD $0.00 25 IndeFnnitication LS 1 $ 1fl.00 $ 16:00 I $ 10.00 S IO.OD $0.00 TOTAL ORIGINAL CONTRACT AWARD $ ~DI,446.DD $ $41,44(.DD _ $D.DD Original Con#ract Award $ 8D1,44b.D6 Previously Approved Changes $O.OD Total AwardlApproved to Dafie $ 803,446.D0 Final Contract to Date $ aD~,44s.DD c~>~e~~ Amoun~T ~o.ao Page "! ~; ~ ~, i J 1 ~' s. w, erx sT. ~' ~~ s. w. AUBURN DR. a ~, ~ ~ ~ n <r ~a ~ ~ I Y- _. PJ~J I i AU817F2N cYft. s. ~ !~~ ~~ ¢ E AUBURN J CX. 5-W. 7Tii 57. ~" ~ II s. w. 7~ + E I ~~ ~I 3 ~. S. W. 7TH 57. ~ ~ ~ ~~ _ ~ { ! s w. 7rH cr. ~Y ~' 1 4l 1 ~ I J ~ S W. 8TH ~ . r~ ~ S. W. BTH Iii III y 3 ~~ ~ ~ ~ ~~ N ~~ ~~ ~ ~~ ~ ~ ~ ~ ~~ i I vii /; N ~ ``~ ~ ui 4/i I O ~ ~ 10TH STREET Y ~_~ ~ ~~ ~ ~ ~ ~ ~q~~~a a, a ~ ~ ~~ ~ ~ F "© J DJ 3¢ ~ i ~ ~~~ ~ 3 ~ ~ ~ f }II} ~'~~ ROYAL PALM OR. aW _ S. W, t77H " .. W. ST, o !!! ~ OQ.. i Y _ P ~ ~ ~ ~ < ~] CV Y 1 V ~ ~ ~ ~ Vl V) ~ POINSETTIA D41VE `-' } ~ w 4J~~ ooucLASS Av O p I ~ ~4 U S~ ~ ~~ ~€ ~ ~L "o a~ GECftG€~J STREET `~~ Z P ~ o 1~ ~Q BESSIE S7. z~ ~-l p. C] i ~ €I~{f E ~ ~~, 1~ i ~aE ~(~/ 2~ ~ LS} 3 ~ ~ ~ J V o ~ ~ ~ ~~ ELLR ST. Page 1~ ~ I~ ~~~G d ~} 3z ti P~. ~ OJ.~'2` ~3 ~ }{ i ~~~ ~ 51111~~ o} 5 LEI ~ 1 `li' ~_J L- ~ F- yl ~ MILFRE~7 STREinT F.~ ~i }t SOUTHftIDCE ftII. c ~ ~ ~ ~ ER AVE. BENJAMIN AV£. _' t ~ ~ ~ d- r'S ~ O 4 ~ ~ Q h ' ~~ ~ ~ "_ L I N T O N ~ B O U L~ VAR p o~ C~ Q :~i ~ `~' ~~ O'~ ®~~,~~Y B~~~H CARVER ~S~CATES aa,Te:o~/zs/zaaa ~~d ENVIRONMENTAL SERVICE5 ©EPARTMEN7 LOGATI ON MAP Qp O©p 434 8QUTN SN7NTON AVENI~, DE€J4AY BEACM, FLORIDA 334~t4 2On7--034 '~ O~ '~ MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Environmental Services Department Director THROUGH: David T. Harden; City Manager DATE: August 6, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 SERVICE AUTHORIZATION N0.04-09.1/CH2M HILL/DESIGN OF NEW SLUDGE THICKENER UNIT ITEM BEFORE COMMISSION Service Authorization #04-09.1 (Amendment 1 to Service Authorization 9) to CH2M Hill, Inc. in the amount of $28,179.00 for additional professional engineering services relating to the design of the new 40' diameter lime sludge thickener unit. BACKGROUND The Water Treatment Plant (WTP) currently has two circular sludge thickener tank units located at the southwest area of the WTP property, used for settling the solids out of the sludge from the chemical treatment units. A third unit is needed so that one of the existing units can be taken off line for routine maintenance or in the event of a mechanical failure at an existing unit. In February 2008, City Commission approved Service Authorization #04-09 to CH2M Hill in the amount of $89,309 for design of a new sludge thickener unit. The unit was to be located next to Sludge Thickener Unit #2, east of the de-watering building and on the north side of the service road. Services included preliminary design, final design, permitting assistance, and bidding services. After careful review and examination of existing underground utility conflicts, staff requested the tank be relocated to the south side of the service road. The new location was chosen to reduce significant disruptions to the treatment process that would have occurred from pipe relocations and realignments required to address the utility conflicts. Consequently, this new location creates sludge pumping challenges (as the new unit's distance is farther from the existing units and pumps). A hydraulic analysis needs to be performed to design a "stand-alone" system, with new pumps at the base of the new unit and piping to connect to the existing process. In addition, from an operations and safety standpoint, staff requested expansion of the existing catwalk system to connect the new unit to the de-watering building. The new catwalk will connect to the existing walkway system at the second floor of the de- watering building and traverse over the service road to the top center of the new unit. Services under this amendment include professional design services modifying Task 2 -Final Design to include performing hydraulic design calculations and developing a model to simulate the operation of the new pumps, as well as designing the pedestrian walkway (catwalk) system. Total cost for this Service Authorization is $28,179.00. With this amendment (including the new pumps, piping, and walkway system), the fee represents 9.7% of the revised estimated construction cost of $1,200,000 . FUNDING SOURCE Funding is available from account #441-5161-536-68.43, Water & Sewer Fund/Sludge Thickener. RECOMMENDATION Staff recommends approval of Service Authorization #04-09.1 (Amendment 1 to Service Authorization 9) to CH2M Hill, Inc. in the amount of $28,179.00 for professional services relating to the design of the new lime sludge thickener unit., P/N 2008-002. Service Authorization No. 04-09.1 to the Agreement to Furnish Professional Services Dated April 28, 2004, Between the City of Delray Beach, Florida and CH2M HILL, Inc. City P.O. Number: City Project Number Title: Additional Sludge Thickener Design -New Sludge Pumps Category of Work: Engineering Design General This Supplement No. 1 to SERVICE AUTHORIZATION No. 04-09 shall modify the professional services agreement referenced above and shall become part of that AGREEMENT as if written there in full. Changes in the indicated Scope of Services will be subject to renegotiation and implemented through an Amendment to this agreement. Introduction The City of Delray Beach (CITY) has directed CH2M HILL (CONSULTANT) to develop a scope of services for design of new sludge pumps to be included with the design of the new sludge thickener authorized under Service Authorization 04-09. After examining various alternative locations for the new sludge thickener, the CITY has elected to locate it south of the existing service road to minimize conflicts with existing underground utilities. As a result, this location will create more suction head losses on the existing pumps. Therefore, this Service Authorization will address the additional hydraulic analysis and design of new thickened sludge pumps to serve the new thickener as a "stand alone" system. Existing piping and pumps will not be modified. This project entails the design of the two new thickened sludge pumps to be located near the new thickener. The task will include performing hydraulic design calculations and the preparation of contract drawings and specifications for the thickened sludge pumps. In addition, the CITY has requested a pedestrian bridge (or catwalk) over the existing site access road, and between the new thickener and the dewatering building. This task order will include structural design of columns and supports for the catwalk and stairs. The scope of services is described herein. Scope of Services Task 1 -Preliminary Design CH2M HILL will revise the Preliminary Design Report to include design criteria of the thickened sludge pumps. Deliverables will consist of an electronic submittal of the draft DFB/981040007/SET561.DOC revisions. Upon receiving CITY comments, CH2M HILL will submit five (5) hard copies of the Final Preliminary (Schematic) Design Report. Task 2 -Final Design CH2M HILL will develop a model to simulate the operation of the new pumps with the pipe parameters determined as part of the design. This will include performing hydraulic design calculations, preparation of contract drawings and specifications for the thickened sludge pumps. The hydraulic calculations will be performed for the design flow and minimum flow to determine the maximum and minimum velocities in the pipe. The following deliverables will be submitted to CITY: Five (5) sets of the 90 percent design documents (24" X 26") Five (5) sets of the final design documents (24" X 36") Five (5) copies of the final design drawings on CD in AutoCAD format and one (1) copy of the final technical specifications in Word format. Electronic files, compatible with the requirements of Demandstar, will also be provided. The CONSULTANT will prepare an opinion of probable construction cost at the Preliminary Design and 100% percent level. This opinion of probable costs will be submitted in electronic format along with the respective design deliverables listed above. Task 3 -Permitting Assistance The sludge pump system will be included with the permitting tasks identified in the original task order. The additional permitting effort associated with this amendment is assumed to be minor and limited to production, sign/ seal of submittals, and copies to the CITY. Task 4 Bid Phase Services The sludge pump system and catwalk will be included with the bidding tasks identified in the original task order. The additional effort associated with this amendment is assumed to be minor and limited to production, sign/seal of submittals, copies to the CITY, and limited questions and answers from bidders. Schedule CH2M HILL will commence work on the Scope of Services described herein upon receipt of a fully executed copy of this Specific Authorization from the City, which will serve as the notice to proceed. The following summarizes the proposed schedule. Task Meeting/Activity Delivery Schedule Deliverable N o. 1 Preliminary Design -Draft 3 weeks after NTP Tech Memo (electronic format) 1 Preliminary Design -Final 2 weeks after receiving CITY comments Tech Memo (5 hard copies) 2 90% Design Package submittal 4 weeks after Final TM Drawings and DFB/981040007/SET561.DOC Task Meeting/Activity Delivery Schedule Deliverable N o. Specifications 2 90% Design Package review 2 weeks after 90% submittal package* Meeting Minutes meeting with CITY 2 100% Design Package Submittal 2 weeks after 90% review meeting* Drawings and Specifications 3 Permit Application Package 1 week after 100% document Permit Applications Preparation completion Assumptions This scope of services was based on the following assumptions: 1. Key project team members from CITY will attend the meetings. 2. No survey and no geotechnical services are required. Existing yard piping drawings will be modified to include the new thickener and thickened sludge pumps. The yard piping drawings will include the relocation of the existing storm water piping. No separate civil drawings will be produced. Only standard details will be produced. 4. Thickened sludge from the thickened sludge pumps to the vacuum filter will be tied into the thickened sludge line in the yard prior to entering the dewatering building. 5. No mechanical profiles will be produced. 6. Existing facilities (feed pumps, vacuum filters, electrical room, and chemical feed) are assumed adequate to support the new unit. 7. Design will be based on matching the existing thickeners including the manufacturer of internal process equipment. The CITY will provide the sketches for the interconnection piping for the existing gravity thickeners prior to the commencement of this project and will indicate where connections are made to existing piping. 9. CITY will indicate where existing utilities exist are located and provide survey coordinates of the same. 10. For efficiency purposes, pad detail and reinforcement for the thickened sludge pump will be called out on the mechanical drawings 11. CITY will define any equipment and/ or software, which the construction contractor will need to provide to build this interface. This information will be provided to CONSULTANT during the pre-design phase. DFB/981040007/SET561.DOC 12. CITY will program PLC and HMI. CITY will provide new DFS (Dataflow system) panel in the existing dewatering building -electrical room for additional input/output signals of the sludge thickener and of the two variable frequency drives of new thickened sludge pumps. Electrical Contractor shall need to install all conduits and cables to the new DFS panel. All signals connected to the DFS panel are for monitoring purposes only. 13. The CONSULTANT will provide signed and sealed drawings and specifications required for permitting. No other permits than those listed herein are included in this scope of work. For permitting tasks, if additional effort beyond the estimated level of effort is needed, CITY and the CONSULTANT will meet to establish the additional services needed and the associated compensation. 14. All permit application fees will be paid for by CITY. 15. No tree mitigation will be required. 16. The awarded Contractor will obtain site clearing and building permits. 17. CONSULTANT will not attend bid opening. 18. The scope does not include review of proposed substitute equipment by bidders. 19. CITY will prepare final contract documents for issuance to the Contractor. CITY will administer distribution of contract bidding documents to contractors, suppliers and plan rooms. 20. Services associated with bid protests and re-bidding are not included in this scope of work and can be provided as additional services. 21. There is space and spares for new electrical equipment in the existing electrical room. 22. CITY will provide the contract front end documents. 23. The new thickened sludge pump station will be located adjacent to the new thickener tank, and will consist of two pumps with a rated pump capacity matching the original design (95 gpm). Local disconnects for each new thickened sludge pump will be located adjacent to the new pumps. 24. The pumps will be variable speed, horizontal end suction centrifugal pumps matching the original design. 25. Two new variable frequency drives (VFD's) with input line reactor and output filters will be installed in the dewatering building -electrical room. 26. New remote control panel (NEMA 4X stainless steel) for the two VFD's will be installed in the second floor of the dewatering building next to the existing thickened sludge pumps control panels. 27. New remote control panel will require having interlocks with the existing belt press systems. The existing VFD remote control panels were installed by the CITY electrician and there is no wiring schematic drawing for the interlocks. All the interlocks between DFB/981040007/SET561.DOC 4 the VFD's of thickened sludge pumps, the sludge thickeners (East and West), and the two belt press systems require field investigation during the design phase. 28. A total of 28 drawings are anticipated for the thickener system and this is summarized below. This includes approximately 7 drawings (marked with an asterisk) for the sludge pumps, variable frequency drives, and catwalk (this Amendment). General G-1 Cover G-2 Index to Drawings G-3 Abbreviations G-4 General Civil Legend G-5 Mechanical Legend G-6 Structural Legend G-7 Electrical Legend G-8 Instrumentation and Control Structural *S-1 Design Criteria Sheet S-2 Gravity Thickener Plan S-3 Gravity Thickener Section *S-4 Gravity Thickener Bridge Plan *S-5 Gravity Thickener Bridge Sections S-6 Standard Details Process Mechanical M-1 Gravity Thickener Plans M-2 Gravity Thickener Sections *M-3 Thickened Sludge Pumps Plan and Section M-4 Standard Details Yard/Site Piping Y-1 Yard Piping Y-2 Yard Piping Details Electrical E-1 Site Plan E-2 One Line Diagram E-3 One Line Diagram E-4 Control Diagrams *E-5 Schematic Diagram -Thickened Sludge Pumps Existing Dewatering Building -Upper Floor -Electrical *E-6 Plan E-7 Standard Details I &C I-1 P&ID -Sludge Thickening *I-2 P8~ID -Thickened Sludge pumps I-3 Standard Details *Drawings pertaining to this Amendment. DFB/981040007/SET561.DOC 5 Additional Services The CONSULTANT will, as directed, provide additional services, in addition to those specified here that are related to the design, permitting, bidding, or construction-phase services of this project, but not included within this Scope of Services and fee. These services can be provided after a specific scope and budget has been agreed to by CITY and a written notice to proceed is received from CITY. Additional services may include: • Services during the construction phase. • Design services associated with differing field conditions that alters current design plans • Design services related to differing or changed design parameters as required by CITY • Design services related to an increased level of design detail required by CITY or the regulatory agencies. • Services associated with responding to more than the indicated RAIs from each permitting agency • Equipment warranty related services • Services rendered to resolve bid protests, rebidding, claims, litigation, and other controversy in connection with this project when such action is for causes beyond the CONSULTANT's control • Resident inspection services. Compensation to the CONSULTANT Compensation for professional consulting engineering services as described herein is estimated at $28,179.00. Compensation for these services shall be lump sum in accordance with Article VII.A.1 of the AGREEMENT. Exhibit A attached presents a breakdown of the estimated labor and expense charges per the Agreement. DFB/981040007/SET561.DOC This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Rita Ellis, Mayor Date: Attest: Approved as to legal sufficiency and form CH2M HILL, INC. (Corporate Seal) Richard Morales, Vice President Date: Witness Witness STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this day of , 2008, by Richard Morales, Area Office Manager and Vice President, CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and (did/did not) take an oath. Dotty Gumm, Notary Public State of Florida (seal) DFB/981040007/SET561.DOC Exhibit A Service Authorization No. Additional Sludge Thickener Design -New Sludge Pumps Estimated Labor Hours Cost per Task No. Total Project Employer Category Hour 1 2 3 4 Hours Totals $175.00 4 8 2 2 16 $2,800 $165.00 4 16 0 0 20 $3,300 Professionals -Engineers, Architects, $147.39 0 $0 Planners, Economists, Scientists, $127.26 0 $0 Hydrologists, Hydrogeologists, Geologists, $106.83 10 40 0 2 52 $5,555 etc. $88.41 0 $0 $76.56 0 $0 $67.32 0 $0 T hni i n -D ft hi A ti G t $95.79 8 24 0 4 36 $3,448 ra ers, rap r ec c a s c s s, hi C S C $78.60 8 40 0 0 48 $3,773 omputer, urveyors, artograp cs, ti I C t t t $66.60 0 $0 ons ruc on nspec ors, e c. $56.31 0 $0 Office Support $56.55 4 20 4 0 28 $1,583 Labor Subtotal $3,350 $13,487 $226 $597 200 $20,460 Reimbursable Expenses Transportation $ - $ 165 $ - $ - $165 Lodging $0 Communication Charge $0 Reproductions/Specs/Drawings $ 198 $ 858 $ 713 $ - $1,769 Postage and Handling $ 120 $ 120 $ 100 $ - $340 Field Equipment $0 Computer $0 Auto Travel/Mileage (outside PBC) $0 Subcontractors (Includes 10% Mark Up) $ 1,733 $ 3,218 $ 248 $ 248 $5,445 Expenses Subtotal $2,051 $4,361 $1,060 $248 $7,719 Project Total $5,400 $17,848 $1,287 $844 $28,179 DFBTask Order Gravity Thickener Amendment Per Diem Budget Form.xls ~W 'z~ uxa i"'~ip~~ `w: u~ Y@~ za ~?? cx ~xs c w. w : of ¢ 4h 6~~ ~ ~ Q2La ~Nq I C ~ ~O2~y~ S~ uS p ~~ ~ O-.~w ~ p V ~¢~V V ~ kA ~ S . i ~ '.S Z Y ¢' _ M1 ~ NfzzM12 U ~, ppN~t] ~S ~ i T '~~ ¢~ 4e xH ~_, T¢ L i~ AWN "~ CC tt ~ - ~ ¢ Z .tym~ ia , • ~"4 Wf ~~ •~ } yYq ~~ tpuU~f S yq~~~g~q~¢¢ H~L~~, pW6 [p ~ ~}" ~~ ^d~ ~4~ys `"ia ~2 ~ ~ - y i` ~ :¢]~ tl C ~ {~~(~ . i y -y jr i4W~WF AY . Cj ZZ ```~222~~P ti~~ '3~.'~.i ~Y u ~ z m ~ a~ esgx ~ ~ m m ~ ~ •y V vi a ~~=5~ ~~ a~ `~ 'i.w ,s tiVw j -I ;~$~ 4 T~ 4q~ ~2~~' ~ ~~ W ~ a ~ Q ~ x.w~ W ~ ut ~,.~ a... ~- ~ ~ ~ %~ ~ ~ -.~ ri ~ ~ t; 0 r ~ CJ ~ ' ~ ^ ~ C a,a ~~ ~ ~ ~ Y ~ ~ ~ ++ ~ C.7 V r ~ ~ VI ~ ~ t~ ~ ~ Y ~ ~ 3 ~ ~ ~ ~ as p ~ v, ~~~~~ ~ ~~z~~h~g "~ ` ~ ~ a 0 ~~~~ ~~~"~~~ € y~ Z L ~ YYY X73 ci O rQ ¢~ a ~~, J ~~ ~ DIY ~ ~8 ~.5 ~. r °s ~~ ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney DATE: August 12, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 INTERLOCAL AGREEMENT/PALM BEACH COUNTY/ANTENNA ON THE POLICE DEPARTMENT TOWER ITEM BEFORE COMMISSION The attached agreement with Palm Beach County provides for the placement of antenna on the tower located at the City's Police Department by Palm Beach County in order to help bridge the digital divide regarding Internet services to qualifying families. BACKGROUND Palm Beach County has requested approval from the City to place antenna on the City's Police Department tower so as to provide free Internet service to qualifying families in and around the Police Department. Palm Beach County will not be charged any rental fee and the City shall pay the minimal utility costs for the antenna. Palm Beach County shall pay for all installation, repair and maintenance costs associated with the antenna. RECOMMENDATION Staff recommends approval. INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH REGARDING THE PLACING OF ANTENNA ON THE CITY'S TOWER THIS AGREEMENT, made and entered into this day of _ , 200 by and between the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, (hereinafter "COUNTY"), and the CITY OF DELRAY BEACH, FLORIDA, A MUNICIPAL CORPORATION EXISTING UNDER THE. LAWS OF THE STATE OF FLORIDA, (hereinafter "CITY"). WHEREAS, the COUNTY and the CITY wish to bridge the digital divide regarding the provision of intemet services; and WHEREAS, the COUNTY wishes to place antenna on the CITY'S communications tower located at its police department in order to provide for free infernet services for qualifying families; and WHEREAS, the CITY agrees to allow the COUNTY to .place its antenna at this location. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: Section 1. The above recitations are true and correct and are incorporated herein. Section 2. The CITY shall allow the COUNTY access to the tower, described in Exhibit "A", attached hereto, in order to place its antenna, described in Exhibit "B", attached hereto, on the tower at an approximate height of 65 feet. Section 3. The COUNT'Y'' shall install the antenna, described in Exhibit "B" to the tower, at no cost to the CITY, and the COUNTY shall pay for anyand all maintenance and repair costs for the antenna. The CITY shall pay for the daily utility cost incurred by the antenna. The COUNTY agrees that it shall immediately cease operation of its antenna if the CITY, in its sole discretion, requests the COUNTY to do so due to interference. issues with the CITY' S network or interference with any other network where the provider is already located on the tower. Section 4. Area Snbaect to Agreement: The terms of this Agreement shall apply to the communications tower located at the CITY'S Police Department, 300 West Atlantic Avenue, Delray Beach, FL. Section 5. Term: This Agreement shall have an initial term of five years and maybe renewed, upon mutual consent of both parties, for four 5 year renewal terms. Section fi. Indemnification: In the event a claim or lawsuit is brought against the CITY, its officers, employees, servants or agents, the COUNTY, to the extent set forth in Florida Statute 758.28 {$100,000A0 per person/$200,000.D0 per claim) agrees to save, defend, reimburse, indemnify and hold harmless the CITY, its officers, employees, servants and agents from any and all claims, demands, damages liabilities, causes or actions, legal or administrative proceedings, judgments, interest, attorney's fees, costs and expenses ofwhatsoever kind ofnature, whether arising in any manner directly or indirectly caused. The COUNTY'S aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the extent set forth in F.S. 768.28, but :in no event shall they apply to liability caused by the negligence of the CITY, or its agents, servants employees or officers: Section 7. Notice of Complaints or Surts: Each party will promptly notify the other of any citizen complaint, claim, suit, or cause o#'actian threatened or commenced against it which arises out of or relates; in any manner, to the performance. of this Agreement. Section 8. Breach and Opportunity to Cure: The parties expressly covenant .and agree-that in the event either party is in default of its obligations under this Agreement, the party not in default shall provide to the defaulting party thirty (30) days written notice before exercising any of its rights. Section 9. Enforcement Costs: To the extent pemutted by law, any costs or expenses {including reasonable attorney's fees) associated with the enforcement ofthe terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this Agreement. Section 10. Notice: 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 prepaid, to the following: As to the COUNTY: As to the CITY: The City of Delray Beach 2 Gity Hall: 100 N.W. First Avenue Delray Beach, Florida 33444 Section 11. Modification and Amendment: Except as expressly permitted herein to the contrary, no rnvdification, 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. Section 12. Remedies: This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall beheld in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy given hereunder or now or hereafter existing at law oir in equityor by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 13. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not,. solely a5 a matter of judicial constraint,. be construed more severely against one of the parties than the other. Section 14. Execution: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Section 15. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. Section 16. Termination: This Agreement may be terminated by either party,. with or without cause, upon thirty (30 }days written notice to the other party. Section 17. Effective Date: This Agreement shall take effect upon execution. Section 18. ComQliance with Codes and Laws: Each party agrees to abide by all laws, orders, rules, policies and regulations . IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on the day and year first written above. ATTEST: Sharon R. Bock, Clerk & Comptroller By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Addie Greene, Chair APPROVED AS TO TERMS AND CONDITIONS By: CITY OF DELRAY BEACH By: 4 Mayor ~ '- S y ~,} , ~ A n cw U}- 0.~ ~ ~ ~.. ra ~ <~ ~$$$ -- ~a '° .. a~ .. ~ ~ s ~ ~ - ~ ~ ~ ~ ~ ~ ~~ k V g~ ~ ~S ~ ~ ~ a3 ~3 ~ ~ ~~ ~~ ~ ~ .qy~ S a y~~~1 S~ ~~ m ~ ~ ~ yy ~ ~ ~ y # W~~ ~ ~~ ~ ~~ Z ~ ~ w LS ~ I- ` 1 l~ ~i~, I ~ . ~~ J ' I S i ~, I l t S. ~. , i 'I S~ I ,~ ~ ~ ~ I y ~ ~ ' ~ a ~ I / ~ ~ ' , _ w ~. I h ! ~ ~. ' f %TIM 31'11£7fVG~ 7NILSIX3 I ~ 1 ~ Y3NY 13nYn9 ~ .. ... . ~~~ W I I ~ ~ ~ j I I ~ I ~~ W I ~~ ~~ EXHIBIT "B" Specifications Electrical Specifications Fr uen 240.0-2540 NIHz Gain 15 dBi Horizontal Beam Width 180 de reel Vertical Beam Width + - 10 d revs Im edance 50 Ohm Max. In ut Power 300 Watts VSWR < 1,5;.1 av . Connector N Female LI htnin Protection DC Short Mechanical Specifications Wei ht 10 Ibs. 4.54 K bimensions 41 x 8.5 x 6.5 inches 104z21.6x1b.5Cm itadome Material UV E ax Fibe lass ReFlectar Material Aluminum Maunt[n 2 inch 5 cm O.D. I e max. Operating Temperature -40° C to to 85° C -40° F to 185° F Polarization Vertical Down-tllt .meth 0 to 26 de rees ad astable RaHS Com liant Yes MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: August 12, 2008 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 RATIFICATIONS TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the Commission for ratifications to the Parking Management Advisory Board. BACKGROUND On July 14, 2008, the Downtown Development Authority appointed Mr. Fran Marincola as their regular representative on the Parking Management Advisory Board and Mr. Herman Stevens as their alternate representative. The terms are for two (2) years ending on July 31, 2010. Secondly, on July 21 2008, the Planning and Zoning Board reappointed Mr. Joseph Pike as their alternate representative on the Parking Management Advisory Board. The original term expiration date for Mr. Pike is August 31, 2008; however staff recommends that the ratification be made for a term ending on July 31, 2010 for him to comply with the expiration date required in the City Code. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road AlA within the corporate limits of the City. A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. RECOMMENDATION RecommendCity Commission approves and ratifies the appointment of Mr. Fran Marincola and Mr. Herman Stevens, representatives of the Downtown Development Authority, and Mr. Joseph Pike, representative of the Planning and Zoning Board, for terms ending on July 31, 2010. t~QWHTQVIrH 7EVEL4~MEHT ~UTHQ~ITY City of Delray Beach, Florida R~G~.ti~ July as, coos ~ta`~` ~ ~~~K Ms. Venice Cobb, Executive Assistant, Board Liaison City Clerk's Office 100 N.W. 1st Avenue Delray Beacll, FL 33444 Re: DDA Liaison Appointments to the Parking Management Advisory Board Dear Ms. Cobb: Per your request this is to inform you that the Downtown Development Authority {DDA) at their Board meeting held July .14tH unanimously appointed Fran Marincola as a Regular member to the Parking Management Advisory Board and Herman Stevens as an Alternate. If you need additional information please let me know. Sincerely, MARJORIE FERRER Execrative Director cc: Fran Marincola Herman Stevens Scot Aaronson DELRAY BE ACH I ~~ 64-A S.E. Fifth Avenue, Delray Beach, Florida 33483 • (S61) 278-0424 • Fax (561} 278-OSSS I ~® www.DowntownDelrayBeach.com 1993 zoos Planning & Zoning Department MEMQRANDUM TO: Venice Cobb cc: Paul Dorling, AICP DATE: July 30, 2008 FROM: Denise A. Valek, Executive Assistant SUBJECT: July 21, 2008 Planning and Zoning Board Meeting _ Reappointment of Joe Pike as the alternate member of the Parking Management Advisory Board (PMAB) Motion made by Ms. Dowd, seconded by Mr. Hafberg, and approved 4 to 0 {Mr. Glickstein, Mr. Perez, and Mr. Pike absent) to reappointment Mr. Pike as the alternate member of the PMAB. MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: August 12, 2008 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 RESOLUTION N0.34-08/ABANDONMENT OF EASEMENT/SHERWOOD HONDA ITEM BEFORE COMMISSION The request involves abandoning a 10' utility easement along the southern border of Sherwood Honda to accommodate the installation of parking, landscaping and other structures associated with the construction of a bullpen parking area for the dealership. BACKGROUND In July of 2005 a 50' wide by 693.55' long portion of Avenue K was abandoned in conjunction with the Latitude Delray mixed-use project. Avenue K separated the former trailer park property (now the site of Latitude Delray) to the south from the Sherwood Honda property to the north. Pursuant to LDR Section 2.4.6(M)(1) the north 25' of Avenue K was aggregated with the Sherwood Honda property and a 10' wide by 643.32' long utility easement was retained within this area. The abandonment request was submitted by the owners of the Sherwood Honda in hopes of eliminating the utility easement encumbrance to this portion of the site to allow improvements associated with the construction of a bullpen parking area. REVIEW BY OTHERS Pursuant to LDR Section 2.4.6 (N) (5) the following finding must be made prior the City Commission granting an abandonment: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. The abandonment will not result in the detriment as there are no water or sewer mains located within the abandonment area. The City's Environmental Services Department has reviewed the request and has no objection to the abandonment. Florida Power & Light, Comcast Cable, and Florida Public Utilities Company have no objection to the abandonment given that all existing facilities will be relocated in accordance with a privately established agreement. No objection was received from BellSouth telephone service. RECOMMENDATION By motion, approve the abandonment of a 10' wide utility easement dedicated to the City via resolution recorded in Official Records Book 18915, Pages 1835 - 1839 of the Public Records of Palm Beach County, Florida, located within the Sherwood Honda property, based upon positive findings with respect to LDR Section 2.4.6(N)(5). Attachments: . Abandonment Resolution . Survey of Abandonment Area . Location Map RESOLUTION NO. 34-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED WEST OF U.S. HIGHWAY NO. 1, WITHIN THE SHERWOOD HONDA PROPERTY AT 3000 SOUTH FEDERAL HIGHWAY AND AS MORE PARTICULARLY DESCRIBED HEREIN WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utility easement retained in favor of the City via a resolution as recorded in the public records of Palm Beach County, Official Records Book 18915, Page 1835 - 1839, located at 3000 South Federal Highway and as more particularly described herein; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements', of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N){3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public goad and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described in herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, mare particularly described as follows: THE NORTH 10 FEET OF THAT PORTION OF AVENUE "K" AS SHOWN ON THE PLAT OF DEL-BATON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING BETWEEN THE WEST RIGHT OF WAY LINE FOR U.S. HIGHWAY NO. 1 AND THE EAST RIGHT OF WAY LINE FOR OLD DIXIE HIGHWAY, LESS THE WEST 100 FEET THEREOF. RESOLUTION #34-08 CONTAINING 6,453 SQUARE-FEET OR 0.15 ACRES MORE OR LE5S. PASSED AND ADOPTED in regular session on this the ._,_ day of, 2008. ATTEST: City Clexk MAYOR RESOLUTION #34-08 MOBILE Q HOMES Q ~ ~` ~_. o z ~ _ c~ ~ ~ z z rw ~ ~; SHER WOOD .~ ~+ HONDA x 0 Q 0 LA Tr ~uD~ ,~ DEL RA Y a LlNpFLL BLVD. N ~NITY A~ SHERWOOD HONDA J~ 3404 SOUTH FEDERAL HIGHWAY EASEMENT AREA ABANDONMENT OF PUBLIC UTILITY EASEMENT CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT REFERENCE: O.R.B. #16915, P.G. #1835-1839 -- OlGITAL &ASE MAP SYSTEM -- MAP REF: LMA-225 .~---- ,~ I J "-~.~ ~: ~~~~ CI` 3? II ~ C.I If ~~ ~ -¢- Q . ~ ~ ~ ~ ~ + ~- , •~~~ ~ ~ ~~~1 ~' °g ~~ a ~zC ~. ~~- ~/ '.~- ~~ ~~ ~ ~ as~t¢ ~ ~ ~t c~ ~ ~ ~Z~~i ~: ~~~ 1 ~ ~ r: a + - ~- i `; ~_~ `~ ~ ~~ ~~ ~~~ n ~ ~s~ ~V d ~ 'g- ~- [` -F ~ ~ ~~ ~ ~ c ~~~ 1~ ~~ J MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: August 14, 2008 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 ECIVIS AGREEMENT RENEWAL ITEM BEFORE COMMISSION The item before the City Commision is consideration of Amendment #1 to the agreement with eCivis, Inc. to renew the agreement for one year. BACKGROUND The City's current agreement with eCivis for access to their grant search service expires on August 31, 2008. The attached Amendment #1 would renew the agreement for one year with a minor increase in pricing. The pricing for the current agreement is a total cost of $29,000 for unlimited City users and 25 non-profit users; the proposed renewal pricing is a total cost of $29,870. Under the renewal terms, eCivis will provide one day of on-site training, and unlimited support and on-line training. FUNDING SOURCE Funding will be available from 001-1111-511-31.90 pending budget transfer. RECOMMENDATION Staff recommends approval of the one-year renewal with eCivis. AMENDMENT NO. 1 TO THE AGREEMENT WITH ECIVIS INC. DATED AUGUST 31, 2007 THIS AMENDMENT NO. 1 to the Agreement with Ecivis Inc. is made this day of 2008, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City"), and ECIVIS, INC., ("eCivis"). WITNESSETH: WHEREAS, the City and eCivis currently have an Agreement where eCivis provides the City access to a grants network; and, WHEREAS, the parties desire to amend the Agreement to provide for a revised expiration date and contract amount. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Incoruoration of Recitals. The parties hereby represent that the above recitals are hereby incorporated as if fully set forth herein. 2. Revision. The Agreement is modified as follows: Product, Services, Details and Payment Terms. eCivis shall provide the following to the City: Product Description of Services Details Price Grants Network: Federal, Florida, Foundation access Unlimited Agency $9;988 Research & Onsite with 1 day of onsite training with your users & One day $19,570.00 Training staff and nonprofit groups to release onsite training GN to the users, nonprofit groups and (unlimited internal resources attendees) Pricing includes travel & expenses Maintenance and Client Health Process, Online Training, Unlimited Included Support Toll Free Support Reporting and Process Training Reports, Year-End Report, Unlimited Included Implementation Performance Management and Evaluation Report, Action Plan Development CBO Access Community Based organization and Up to 25 users $988 Non-Profit Access $10,300.00 Total Successful Grants Program Grants Network: Q`'Q~-888- 1 Research, Training $29,870.00 & CBO Access Delray Beach, FL Pricin 1.Fees: Payment shall be for one year commencing 9/1/2008 through 8/31/2009. $~9-,~A $29,870.00 due 9/1/2008, net 30 days. Subscription fees are charged up-front; no refunds or credits will be given upon cancellation. Additional fees may apply If you decide to re-subscribe at a later date. Should the City cancel this agreement due to a documented, material and unavoidable breach of this contract by eCivis, eCivis may, at its sole discretion, provide apro-rata credit or refund to the City. City must provide written notice of cancellation and cause 30 days in advance, and work in good faith with eCivis to cure any breach. Onsite training to be completed within 60 days of contract start date and will be scheduled to meet the City's needs and in accordance with eCivis policies. eCivis shall provide account access for all users within 48 hours days of the Customer furnishing eCivis with a list of users. 2.Term and Renewal. This agreement shall be for a period of one year commencing on 9/1/08 and expiring on 8/31/09, unless renewed by mutual consent. 3. Full Force and Effect. All other terms and conditions of the License Agreement not expressly modified by this Amendment No. 1 thereto remain in full force and effect. 4. Effective Date of Amendment No. 1 to the Agreement. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties with the effective date being September 1, 2008. IN WITNESS WHEREOF, the parties hereto have cause this Amendment No. 1 to be duly executed this day of , 2008. 2 ATTEST: City Clerk Approved as to form: City Attorney WITNESSES: CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor ECIVIS, INC., By: Name Printed Title: Date Signed: MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: August 13, 2008 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 GENERAL RULES OF PROCEDURE OF THE HISTORIC PRESERVATION BOARD ITEM BEFORE COMMISSION The item before the Commission is consideration of an updated version of the Rules of the Historic Preservation Board. BACKGROUND Attached please find the rules for the Historic Preservation Board that were adopted at their August 6, 2008 regular meeting. This version of the rules is an update from the rules adopted by the Board in 2002. The major changes are that the new rules include the quasi-judicial rules within the Board rules (it did not previously) and the reference to appealing variances to Circuit Court is now eliminated in light of the new ordinance the City Commission recently passed. RECOMMENDATION Staff recommends approval. RULES AND REGULATIONS OF THE CITY OF DELRAY BEACH HXSTORIC PRESER'vAT~ON BOARD ARTICLE. i Section 1. Authority, The Historic Preservation Board (hereinafter referred to as the Board) shall be governed by Section 2.2.6 of the Land Development Regulations, of the Code of Ordinances of the City of Delray Beach, and the rules and regulations as set forth herein, when adapted by the Board and approved by the City Commission. Section 2. Comnosition~. The Board is to consist of seven (7) members appointed. by the City Commission. Section 3. Or~ani~ation. (A) The Board shall elect a Chair, Vice-Chair and a 2nd Vice-Chair from among its membership each September. They will serve in Phis office for one calendar year, but for no more tlYan two (2) consecutive calendar years. The Chair will preside over the Board and will have the xight to vote, In the absence of the Chair, the Vice-chair mill pxside. In the absence of both, the 2nd Vice-Chair shall preside over the meeting. The Chair shall appoint all committees that may be req~ured. ~rY~~ (B} The Historic Preservation Planner shaI1 conduct all correspondence of the Board; maintain a fife of the minutes of all meetings, indicating therein the substance of the meeting, record attendance, the vote of each member upon each question, or if absent or failing to vote because of a conflict of interest, indicate such fact; maintain records of Certificates of Appropriateness and Appeals for a Variance and other official actions. (C) A Board Clez~k shall be provided by the City 1Vianager from among the City staff and shall. take and transcribe the minutes of each meeting of the Berard. Section 4. Absences. A Board member absent at three (3} consecutive regular meetings shall, constitute an automatic resignation from the Board by such member. Each board member sha11 be responsible for notifying the Board Clerk or the Chair as promptly as possible of any anticipated. absence from a Board meeting. In addition to automatic resigna#san from the Board, a Board member may resign by filing a written statement of resignation with the Chair of the Board. Furthermore, any member may be removed, with or without cause, by a majority vote of the City Commission.. Replacement membership will be made by the City Commission in accordance with the provisions of Section 2.2.1{F) of the Land Development Regulations. AR1'ItCLE l.~ Section 1. Meetings. {A} Meetings shall be divided into three {3) categories: regular, special atad woxkshop. (B) The Board shall conduct a regular meeting each calendar month. This meeting shall be held in the evening hovers {after 5:44 p.zn.) on the fast and third Wednesday of each month, unless there is no cause to hold such meeting, or that date falls on a holiday as designated by the City of Delray Beach. The Board, by a majority vote. of the Board present and voting, may change the day and time for its regular meeting as long as :uo Board member would be subject to automatic removal by the change. {C} A special meeting may be called by the Chair or Vice-Chair or by petition signed by not less than four members. of the Board. A special meeting may be called subject to notifscation of the members in sufficient time sa they may make arrangements to attend. {D} Workshop meetings shall be held as needed and may be caked. by the Chair or Vice-Chair. 2 (E) Public hearings are to be conducted in accordance with all statutory provisions. Public hearings are required by reason of the filing of an appeal for a variance to the City Code ar for purposes of determining a historic district or historic si#e: The public hearing may be held at a regular or special meeting. Section 2. Ouorum. A Quorum shall consist of four (4) members of the Board in order #o conduct any of the meetings listed in Article II, Section 1. Section 3. Personal Conflict of Interesf. . Neither members of the Board, the Historic Preservation Planner, Bard Clerk, or a member of the City supportive. staff shall appear or represent before the Board a pexson or persons in any matter pending before the Board. No member of the Board shall hear or vote upon a matter before the Board in which he or she is directly or indirectly affected financially. Whenever a member of the Board has a personal, private, or professional interest in any matter which is before the Board, that member shall disclose said conflict of .interest before discussion and vote, shall refrain from voting and shall file the proper form setting forth such conflict with the Board Clerk pursuant to the provisions of Chapter 112, Florida Statutes. If the departure of a member is required for thus reason and said departure no longer provides for a quorum, then the item before the Beard shall be continued and voted upon at the -next regular ar special meeting... Section ~. Conduct ©f Meetin s, All meetings shall be open to the public. In the event a witness or witnesses are required to give testimony under oath, such oath shall be administered by the Chair, Vice-Chair, 2nd Vice- Chair or Board clerk. 3 Section 5. Order of Betsiness. (A) The order of business at regular or special meetings shall be as follorxs: {a) Roll call (b} review and approval of muztttes of previous meeting(s), as printed or changed by deletioa ox substitution (c) approval of agenda (d} hearing of Certificate(s) of Appropriateness and decision thereon {e} reports of Committees and special reports (f} unfinished business (g) new business (h) adjournment. The Chair rnay, at his or her discretion, change the order of business. {B} The order ofbusiness for public hearings, that are not quasi-judicial hearings, is as follows: (a) Roll call (b) purpose of public hearing (c) comments from the public or witnesses, pro or con (d) close of public hearing (e) comments by members. of the Board (f) vote on item before the Board. (C} Certificates of Appropriateness, Variances or other site specific actions taken. by the Boazd will be held in accordance with these rules governing quasi-judicial hearings. The Chair may establish appropriate time- limits for all arguments, but such time limits shall be equal far both sides, Witnesses may be called and factual evidence and exhibits .may be submitted. Section 6. Requirements. The requirements of Section 4.5.10 of the Land Development,Regulations shall be met prior to the Board granting a variance from existing ordinances. Requirements for the designation of a historic district or site, shall be met by fulfilling the provisions of Section 4.5.1 of the sand Development Regulations. Public hearings will be held when required by City ordinance. 4 Section 7. Decisions. Voting, at all meetings, shall be by roll call vote. Roll call shall be on a rotating basis. The voting of each member shall be "yes" {in favor of the motion}, "no" (opposed to the motion), or "abstain" in the event of a conflict of interest. A Certificate of Appropriateness shall only be denied if four voting Board members vote to deny it. All other matters voted upon the Board shall pass if a majority of the Board, that. is present and voting, votes in favor of the item ar action requested. Section 8. ADDea~S 0~ Decisions. Appeals of decisions of the Board may be made at the appropriate time and in the appropriate manner to the City Commission,. as set forth in the ~oxdinances of the City of Delray Beach. Section 9. Rules of Procedure. Robert's Rules, latest edition, shall govern all questions of parliamentary procedures not specifically provided for herein. Section i0. Frocedures for Quasi~udcisl Hearings. (A} Definitions: Applicant -the owner of record or his or her authorized agent. Citizen Participants -those members of the general public, other than the City, the Applicant, or other Party to the proceeding, who attend a quasi judicial public hearing for the purpose of being heard on a particular application. F.x Porte -communications, oral or written, between members serving on the board or commission and the public, other than those made on the record at the hearing. Parry -the owner of property located within 54U feet of the property that is the subject of the application and who meets the additional requr~:mcnts set. Earth in Section {B}(2} below. Qurr~i-Judicial Proceedings -~ proceedings where existing policies and regulations are applied to a specific property. Examples are site specific rezonzngs, conditional use approvals, site plan approvals, waivers and variances, glat approvals, certificates of appropriateness, historic S designations, but not land use amendments or amendments to the comprehensive plan and not generally, amendments to the Land Development Regulations. Reievarit ~vir,~ence -- evidence that either strengthens or weakens the application by supporting or das~pproving factual assertions related to the application. {$} General Processing fur Hearings. (1) File/Xns esp, coon. (a) Establishing the File. The Planning and Zoning Department shall establish a project file. All written communications shall be sent to the Planning and Zoning Department. The project file will be maintained in the Planning and Zoning Department. {b) Contents of the File. The project file will contain all written communications that are sent to the Planning and Zoning Department prior to the hearing. The project file will include, but not be limited to, all Staff reports, pertinent sections of the Code of Ordinances, Land Development Regulations, Comprehensive Plan and State Statutes, whichever is applicable. The file will contain resumes of staff or curricula vitae, drawings, documents and all other pertinent documents. . {c} Sunr~lennentation of the File. The Board clerk will supplement the project file with all documents submitted at the hearing. {d} File for Inspection, The project file will be made available upon .request for public inspection. (e) File Placed into the Record. The Planning and Zoning Staff member making the presentation shall place the project file into the record at the hearing. (2) Parke Status. (a} Party Status • ~Nritten Requests; Timeframe. In order to obtain status as a Party, the owner of property Iocated within 50p feet of the subject properiy must make a written request, meeting the requirements of (B)(2)(b} below, which is received by the Planning ,and Zoning Department three or more business .days prior to the hearing, (b} Contents of Request. The written request shall outline the effect of the application on the owner's property. To obtain Party status, the owner must descn'be the effect of the application on owner's property that is different from the effect on the public as a whole. The City Attorney's Office will advise as to whether sufficieat 6 . facts have been alleged to achieve Party status and shall notify the person requesting Party status of the City Attorney's O#~ce opinion as to the adequacy of the request. Ultimate decisions as to Party status shall be made by the City Commission ar the Board. The decision to confer Party status at the hearing before the City Commission or a Board shall not 6e seen as a waiver of the City's right to contest the standing of any Party in court. (3} Time Limits. {a} StafF Time Limits. The City Staff shall have up to 20 minutes (including the presentation of witnesses and expert witnesses) to present the city's case. {b} A,nnlicant Time Limits. The Applicant shall have up to 20 minutes {including the presentation of wi#nesses and expert. wi#nessesj to present the Applicants case. (c) Party Time Limits. A Party may have up to 2Q minutes (including the presentation of witnesses and expert witnesses}. {d) Citizen Particit~ants ul General, Citizen participants not represented by a representative speaker shall have three (3) minutes to speak. (e) Participants with a Representative. Speakers representing a group of six {6} or mare .interested citizens in attendance at the meeting shall have six (5) minutes to speak, as long as those being represented identify themselves and yield their time to the representative at the meeting. (fl Representina an Ord. Speakers representing an organizatioa that is comprised of interested citizens shall have six {~} minutes to speak. (g} Extension of Time by the Commission or B card. The Board may, at their discretion, extend the time for presentations. {C) Conduct of tl~e Hearing. (l) Swearing in of Witnesses. Ali Witnesses, Parties, the Applicant, Citizen Participants and their .representatives and City Staff who plan to speak at the hearing shall collectively be sworn at the beginning of the hearing by the Chair, Vice-Chair, 2"a Vice-Chair, or the Board Clerk, (2} Disclosure of Ex Paste Communications. The Baax~ shall disclose any ex paste communications and disclose whether any member physically inspected the property: To the extent possible, the Board member shall identify with whom the communication took place, summarize the 7 substance of the communication, and the date of the site visit, if any. The Board members shall give tha Board clerk any written ex parts communications they have received that are not. already included in the project file. (3) Presentation of the Case. {a) The City Staff shall present its case. (b) The Applicant shall present its. case. (c) Parties may present their case. (d) Citizen participants or their representatives may speak for or against the application. (e) The oppoartunity to cross-examination will occur after the .presentation of a witness, and the manner and the conduct of cross- exarninationshall be as provided in these rules. (~} The City Staff, the Applicant, and Parties may have two minutes each for rebuttal (g) The Board may ask questions at any time during the proceeding. {h) The Board will continence deliberations and render a decision. {D) (4) Basis of Decision. All decisions shall be based on the evidence presented at the hearing on the case,. which shall include the minutes, the entire project file, testimony presented,. az~d other evidence presented. Strict rules of evidence shall not apply, but evidence- must be relevant to 'the issues before $he Board. Cross-examination. {I) Persons to be Cross-Examine their respective witnesses and examinatiozz as set forth herein. d. The -City Staff, the Applicant, Parties, Citizen Participants are subject to cross- (2) Cross-Examination Guidelines. (a) Citizen Participants are subject to cross-examination by the Board Chair only. Zn the event of an absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run -the meeting in their absence. if theStaff, the Applicant, or Parties desire to have the Board Chair cross examine a Citizen Participant, they shall, whenever possible, present written cross- examination questions- to the Board Chair prior to the commencement of the cross-examination. The Board Chair shall 8 first ask the cross-examination questions submitted by Staff, then the Applicant, and finally the Parties based on who submitted a .request and became a Party first. The Staff, Applicant, and any Parties' cross-examination through the Board Chair is lunited to two (2) minutes per Citizen Participant. (b) only the City Staff, the Applicant, ar a Party may crass-examine non-Citizen Participant witnesses. (c) Cross-examination by City Staff, the Applicant, or a Party shall be limited to twa (~) minutes per witness each. ' (d} The Board is not limited to two (~) minutes and may asl~ questions of anyone who testifies at any time during the proceedings. (3} Relevancy. AlI relevant evidence shall be accepted. (4} SCape. The scope of the cross-examination shall 6e limited to the facts alleged by the person testifying in relation to the application. (5} Good Faith Questions. The cross-examination shall not be designed to merely harass, intimidate, or embarrass the person testifying. (G) Power to I3alt Cross Examination. The Board Chair shall determine whether the question and evidence is relevant and the proper scope of cross-examination. In the absence of the Board Clair, the term Board Chair. shall be deemed to include the person authorized to run the meeting in their absence. The Board Chair may defer to the City Attorney (or Assistant City Attorney) to detemaine the relevancy of the question and the evidence and the proper scope o~ the cross-examination. The person conducting the cross-examination may be stopped from pursuing a line of questioning, if the questioning is an an issue that is not relevant, the scope of proper crass examination is exceeded, or the cross-~examznation is conducted in a manner that is designed to harass, intimidate, or embarrass the person being cross-examined. If a person conducting the cross- examination continues to pursue improper lines of questioning, the Board Chair may halt the cross-examination. 9 AI.tTICLE ffi Section 1. Amendments. These rules and regulations may be amended by a concurring vote of four (4} members of the Board with subsequent approval by the City Commission, provided that the proposed amendment{s} has been presented to the Board at least five (5} working days prior to the voting thereupon. Sec#ion 2. Review. These rules shall be reviewed by the Board not less than every two (2} years. Recommendations for proposed amendments shall be made in writing and reviewed for approval ar disapproval of the legality, by the City Attorney's office priox to submission to the Board. Section 3, Effective Date. These rules and regulations; and any amendments thereto, shall become effective following their approval by the City Cvmmission. Sec#ion 4, Conflict. In the event these rules aid regulations, now or in the future, present a conflict with any of the Cade of Ordinances of the City of Delray Beach, then those Cade of Ordinances, then if effect, shall prevail. These rules and regulations of the City of Delray Beach, Historic Preserve#ion- Board were adapted by the Board on the ~ da f 2008, Chair, Historic Preservation Board Passed and approved by the City Commission in regular session this day of - - - , 2008. ATTEST: CITY OF DELRAY LEACH, FLORIDA By: City Clerk By: Mayor, Rita Ellis i0 MEMORANDUM TO: Mayor and City Commissioners FROM: Cerina Anderson, Program Manager Chief Anthony Strianese THROUGH: City Manager DATE: August 12, 2008 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 CONTRACT AMENDMENT BETWEEN CITY OF DELRAY BEACH AND THE DELRAY YOUTH VOCATIONAL CHARTER SCHOOL ITEM BEFORE COMMISSION The Coalition for Community Renewal requests approval to make an amendment to the Acceptance of Funding between the City of Delray Beach and the Delray Youth Vocational Charter School. CCR is requesting to amend the original funding agreement to include authorization to purchase program equipment, books and curriculum for students attending the charter school. No additional funding will be allocated for this agreement. BACKGROUND The Criminal Justice Commission (CJC) of Palm Beach County is providing the Delray Beach Coalition for Community Renewal (formerly Weed & Seed Project) with $100,000 to support projects such as this one. This project has been outlined in the CJC contract that was approved by the Delray Beach City Commission and endorsed by the Palm Beach County Board of County Commissioners. FUNDING SOURCE FY 07 - 08 funds budgeted in: 115 - 2126 - 521 - 31.90 RECOMMENDATION The Coalition for Community Renewal recommends approval. t~ r~F ~~~~ . ~~ ~ ti Cerina Andersom Program Manager Delray Beach CCR 1415. W.12~' Avenue Delray Beach, ~'I,. 33444 {sb1> z4s - ~c~3z AndersocL~t~.delray$eachfl.us ~ 4TH ~. d0 ~~:; ~~ Palm Beach County Federally Designated CCR Sites; formerly Weed and Seed ^ Delray Beach ^ West Palen Beach ^ Riviera Beach "An Equal ~pporhinity AEfiru~ative Action Employee" FIRST AMENDMENT TO THE AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS This FIRST AMENDMENT TO THE AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS is made and entered into as of this 19 day of June 2008, by and between the City of Delray Beach and the Delray Youth Vocational Charter School (DYVCS). WHEREAS, the City ofi Delray Beach and the Delray Youth Vocational Charter School entered into an agreement dated- Februan~ 5.2008 {the "Contract). WHEREAS, the parties desire to amend and modify the Contract as mare particularly hereinafter setforth. NOW THEREFORE, the parties agree as follows: 1. The contract will be amended to include the purchase academic materials., classroom boards and tables necessary for summer sessions as part of the original allocated funding. No additional dollars will be allocated. 2. The aforementioned items should not exceed $b,400.00 of current allocation. Delray Beach Youth Vocational Charter School Witness City of Delray Beach Attest: City Clerk Date Date oved to Form and Legal S ffciency ~~ ~ £~ttorney Date ~~~ Date Date AGREEMEIhIT FOR FUNDING AND ACCEPTANCE OF FUNDS BETVIfEEIV THE CITY OF bELRAY BEACH AID I!}elray Youtfi Vocational Charier ~clhool January 1, 20(}8 -September 36, 2~8 THtS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS (°Agreemer~t°} entered into this 1~ day of Janus , 2QQ$ between the City of Delray Beach, hereinafter referred to as "City° and Delray Youth Vocational Charter School, hereinafter referred to as "AGENCY°, having its principal office located at 641 North .Congress Ave., Suike 11U, Delray Beach, FL. 33445, provides $25,542 in funds pravideet by the Palm Beach County Criminal ,3ustice Commission, allocated 091112007 to support contracted Delray Beach Weed & Seed projects (now referred io as the Coalition for Community Renewal, upon the fallowing terms and conditions: The awarded funds are aliQCated as follows: $25,542 is allocated to implement the position of a Social Warlcer into the Charter School's program. Counseling sessions will be provided to the students enrolled at the CIELRAY YOUTH VOCATIONAL CHARTER SCHOOL (outlined in Exhibit °A°) from .January 1, 2048 khraugh September 36, 2608 conditional upon submission of a letter of non-supplanting of funds, ~. nitions• a, "City" means the City of Defray Beach, Fkarfda b. "~&S° means Delray Beach Weed and Seed gnaw referred to as the Coalition far Community Renewal or CCR) c. "The Agency° means Delray Youth Vocational Charter School {DYVCS) d. "NAB" means the Delrey Beach CCRI Weed & Seed Neighborhood Advisory Board 2. Purpose of 1Rlork: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of warfc,supparted by the allocation of award funds. „ The Scrape of Service in Exhibit °A outlines the specific deliverables. The beneficiaries of a project funded under this agreement should provide services to the students attending the Qelray Youth Vocational Charter School. The Agency shaft, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submik invoices for approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Payment requests and programmatic reports should be submitted simultaneously. The City agre~:s to disburse payments upon the receipt of invoices accompanied by the required programmatic reports and necessary data (as determined by the Ciky), covering the month for which payment requested. Disbursements will be available approximately one month following the execution of this agreement and approximately quarteriy thereafter. . ~~em 8.~ LISP All services shall be performed in a manner satisfiactory to the City. The funding shall net exceed the City Manager approved dollar amount afi $25,542 for the period of January 1, 2D08 through 5eptemt~er 30, ~D08. All release of funds shall further be in accordance with all sections of this agreement, contingent upon the continuation of the Criminal Justice Commission Contract, and subject to the approval of the aelray Beach GGRI Weed & Seed Program Manager. 3. Time of Performance. The effective date of this agreement and all rights and duties designated hereunder are contingent upon the continued implementation of the cantrar~ between the Celray Beach Weed & Seed Project {GGR) and the Palm Beach County Criminal Justice Commission. The effective date shall be the date of execution of this Agreement, and the services of AGENCY shall commence upon that date. Payment of associated and approved expenses incurred as of January 1, 21108 will be processed. All service required hereunder shall be completed by AGENCY by September ~, 20DS. 4. Su6cantracts: Any work ar services subcontracted hereunder shat! be .specifically by written contract, ar written agreerr~nt, and shaft be subject to each provision of this. agreement. Draper documentation in accordance with City, County, State, and f=ederal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcanfracts shall be subject to Federal, State, County, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach VYeed & Seed (GGR) Program Manager. 5. Records and Repori~: The Agency agrees to provide the Gity programmatic progress reports that outline the delray Youth Vocational Charter Schaal program activity, progress made, number of participants enrolled, problems encountered and proposed solutions. These deports must be submitted to the Weed & Seed Program Manager simultaneously with each invoice. Additionally, a final report summarizing results finr the full project period (academic year of January 2008 -September 20(18} is due within 30 days of completion of the project. Payments will not be released without the submission of the required reports tcampleted and accurate) to the City, and an the resolution of monitoring ar audit findings idenf~ied. The City shall have the right under this agreement to suspend ar terrriinate payments until Agency complies with any additional conditions that may be imposed by the City ar the Palm Beach County Criminal Justice Commission. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from September 30, 20Q8, 6. Program-Generated Income: Ail income earned by Agency from activities financed by Palm Beach County Criminal Justice Commission funds must be reported to the City. In addition to reporting such income, Agency shall report to the City the procedure developed to utilize program income to offset project casts. If 2 program income is used to extend the availability of services provided by the Agency through this agreement, the prior written approval of the City witl be rewired. Accounting and disbursement afi program income shall be consistent with the procedures outlined in the federal CMB Circular A-110 and other applicable regulations incorporated herein by reference. 7. UtFrer Program Requirements ~~ivil RightslResider~ 4?ppartunities~: The Agency agrees that no person shall ~ the grounds of race, color, mental or physical disability, national origin, religion, ar sex be excluded from the benefits of, or be subjected to discriminatidn under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right 6o terminate this Agreement. The Agency certifies that required background screenings will be conducted an ALL employees and volunteers working wish youth or other vulnerable~proiected individuals and have such available for review during Monitioring visits. To the greatest feasible extent, law-income residents of the project areas shall be given opportunities for training and emplaymerat; and to the greatest fieasible extent eligible business concerns located in or owned in substantial part by persons residing in the project target arEa shall be awarded contracts in connection with #~e project. 6. Public Relations Requirement: ~ ' Grantees shall acknowledge, to the extent feasible, the Vtiteed & Seed! CGR funding of the project in annual reports, bulletins, publicatsans, and over public relalaons activities of the grantee. 9. Evaluation anti Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities~(through in-house and site visitation evaluatians~ as determined .necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of .planned versus actual progress relating. to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to -the City andlor Palm Beach County Criminal Justice Commission copies of transcriptions of such records and infiotmation as is determined necessary by the City. The Agency shall submit reports as outlined in #~ and at other times upon the request of the City, information and status reports required by the City, andlor Palm beach County Criminal Justice Cornmissian on forms appro~red by City to enable evaluation of said progress and to allow for completion of reports as required of the City by Palm Beach County Criminal Justice Commission. Agency shall allow the City or Palm f3each County Criminal Justice Commission to monitor Agency on site fat-least annually}..Such visits may be scheduled in advance or unscheduled as determined by the City and Palm Beach County Criminal ,iusfioe Commission. 1~. Audits and Inspections: At any time during normal business hours and as often as the City or the Palm Beach County Criminal Justice Comrnissian may deem necessary, there shall be made available >3y Agency to the City or the Palm Beach County Criminal Justice Commission for examination all its records +n+ith respect to all matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains tc this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in 3 ~ accordance with the general program requirements of OMB Circulars A-11~, A-122, A-133, and other applicable regula#ians within t80 days after the end of any fiscal year covered by this agreement A Certified Public Accountant of the AGENCY'S choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and#ar to conduct a ~iimited scope audit" of AGENCY as defined by ## 133. 91. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to the community. This agreement is nc~t to substitute for or replace e~sting or ptanned projects ar activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar bo those being assisted under this agreement, which is not less than that tevel existing prior to this agreement. 12. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-11th pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or respvrrsibilities in connection with the funded projects, has any personal financial interest, director indireck, in the activities provided under this Agreement which would conflict in any manner or degree with the perfomlanoe of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any passible canfiict of interest an the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall he interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of acrd participation of lower income residents of the project target area. 13. Suspension and Termir~tic~n: 1f through any cause the Agency shad fail to fulfill (or materially comply in accordance with 28CF1~ 66.43) in a timely or proper manner its obligations under this agreement, or iE the Agency shall viotate any of the covenants, agreements, or stipuEations of this agreement, the City shad thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGI=hiCY of such tem~ination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon thirty {3~} working days written notice to the other party. Upon termination far convenience or for cause, the City shall pay the sub-recipient Agency for satisfactory services rendered pursuant to this ~reement through and including the date of terming#ion. The agreement may be terminated fr~r convenience in accordance with 28GFR 6F.44. In the event the contract th the City with the Palm Beach County Criminal .Justice Gommissian is suspended ar terminated; this agreement shall be suspended or terminated effective on the date the Palrn Beach County Criminal Justice Commission specifies and all payments are contingenk upon the release of funds from the Palm Beach Gouhty Criminal Justice Commission. 4 ~-~ ~~~ 1+~ lnd~errdeirt Ccotractor. AGENCY agrees that, in all matters rBlating to this agreement, it r+tr71 be acting as an independent contr~cior and that its employees are not Oily of I]elray 13eacti employees and are not subject to t#~e City previsions of the Eaw ap~pliceble to City employees refati~ to employment compensaaian and employee beneFrts. 15, Public 1=~1y Crimes: By enterhig into this cxantract or periorrning any v+rork in furtherance hereof, the contracfior ~sub- _ reapient Agency) certifies that it, its aff~iates, stippfiers, subwntractors, and consultants wfxs will perform hereunder have not teen pied on the convicted vendor list maintaihed by the State of Florida f}epartment of Management Services vdithin 38 months imrriedia4ely preceding the date fiereof. F. S. 28~.t33~3) (a} r~equiies this notice. 16. Immersion of Assets: Upryn expiration of ibis agrr{:etrient, the sib-recipient shalt abide by all relevant re~gala4ons pertaining to federal grant fuhcling including, but not lurid to: the Firraneial Guide, OMB ~irciilar 1 tg, and 24CFR Part 5~0. . ~T. Counterparts ref the Agreeinettt: This agreeme-rk contains atl of the partths bir~ing representation to one ano#her. Any amendment or rr~od'>fication hereto must be in writing and is ct3ntirtgerit upon approval by ttre City. 18. Held Harmless aril tniiennr~~ication Clause: Delra Youth V€x;atiana[ Charter School and its afii~~ates, supplies, suact°rs and consu1lants hereby agrees to pivmise ~to indemnify and gold harmless the "City?' and its officers, agents, servants, ar employees from and against any and all liability, claims; dervrands, damages, expenses {rnclu~ding atlomey's fees}, fees, tx~t, fines, penalties, suits, proceedings, a~rrs anti muses of action of any land and nature arising firvm, or in any connected with, the giving of andlor use of said fends. AgencyfSub-recipient 17~ Yautln V+ac~ional Charier SchQOI ~igried By: ~ Print Name: (~ Y ~ ~~ i ~' V1/0.1 c~v 11~Yi1'NESSES: 4 LI 1 A~ ~ I.PGY.IiiR~ f ~LVl1l r i _ 5 > ;i - -. ~ y. v~ ,.~.,'., _ .>+ ~ °?tt ~t~;~- _ ~.4 ~ ~°' yam.. 6 MEMORANDUM TO: Mayor and City Commissioners FROM: Cerina Anderson, Program Manager Chief Anthony Strianese THROUGH: David T. Harden, City Manager DATE: August 12, 2008 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 AMENDMENT TO CONTRACT BETWEEN CITY OF DELRAY BEACH AND CHILDREN LEARNING AFTER SCHOOL SESSIONS ITEM BEFORE COMMISSION Coaltion for Community Renewal requests approval of an amendment to the Acceptance of Funding between the City of Delray Beach and Children Learning After School Sessions (CLASS). BACKGROUND CCR is requesting to amend the original funding agreement to include authorization to pay a stipend to volunteer tutors for CLASS. No additional funding will be allocated for this agreement. In addition, CCR is requesting to amend a typographical error made in the original contract service date. Number two, paragraph four under "Purpose of Work" stated the period covered under the agreement was October 1 -October 31, 2008. The aforementioned shall be amended to read the period covers March 4 - September 25, 2008. The Criminal Justice Commission (CJC) of Palm Beach County is providing the Delray Beach Coalition for Community Renewal (formerly Weed & Seed) Project with $100,000 to support projects such as this one. This project has been outlined in the CJC contract that was approved by the Delray Beach City Commission and endorsed by the Palm Beach County Board of County Commissioners. RECOMMENDATION CCR recommends approval. ,~ ~ ~ a~~z ~, Cerina Anderson Program Manager Delray Beach CCR 1415. w.12'~' Avenue Delray Beach, Fl,. 33444 (561) 243 - 7632 AndersocC~ca.delray-bearh.~€_us ~w;~. ~:~ ., >, ; -„ 00 '~, `.,1 Palm Beach County liederally Designated CCR Sites, formerly weed and sad ^ Delray Beach ~ west Palm Beach a Riviera Beach FIRST AfiIZENDIVIIENT TO THE AGR~EMSNT FOR FUNDING AND ACCEPTANCI; OF FUNDS This FIRST AMENDMENT TO THE AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS is made and entered into as of this 19 day of June 2008, by and between the City of Delray Beach and the Children Learning After School Sessions [CLASS). WHEREAS, the City of Defray Beach and CLASS entered into an agreement dated March 4, 2008 (the Contract"). WHEREAS, the parties desire to amend and modify the Contract as more particularly hereinafter set forth. NOW THEREFORE, the parties agree as follows: 1. Number two, paragraph facr, and sentences one under Purpose of Work stating "The period covered under this agreement is October 1 -October 31, 200$°. The aforementioned shall be amended to read the period covering March 04 -September 25, 2008. 2. The Scope of Work under the original agreement has been amended to include authorization to pay stipends to volunteer tutors for the Children Learning After School Sessions 4CLASS). No additional funding will be allocated. With the exception of the abovementioned amendments, the aforesaid contract shall remain in its full force and effect as fully executed on April 29, 2008. Children Learning After School ^ate Sessions (CLASS} Witness City of Delray Beach Attest: City Clerk "An Squat Opportunity ~r~a~°e A~~o~ ~~~loyei'~ Approved As to Form and Legal Sufficiency: City Attorney Date Date Date Date RGREEEVfENT 1=0R 1=itNQING ANQ ACCEPTANCE fll= I"UNDS B~I`WEEI~ THE CITY OF` aEL.RAY DEACH AID GHIL~IREN LEARNING AF"~'ER SQH4{}L SESSIONS,1111C. (C.L.A.S,S.~ FY2(~7-2©Q$ (October 1, 2(}g7 -September ~, 2~8) THIS ACRI`EMEI~T FOR FkJI~DING AID ACCEF~TANCE 01= FtJfVDS ("Agreements entered into this 4~ day of March, 2008 l~tween the City of Delray Beach, hereinaf#er n=ferred ko as "City° and CLASS, hereinafter referred tv as "AGENCY"; having its principal office located at 3ff'I S.W. 14TM Avenue, Delray Beach, Elarida, prov~tes up th $2,SBg in funds from the Palm Beach County Criminal Justice Commission, allogted.0919~12~7 tv support cc~ntracked Delray Beach Vlteed & Seed projects (now referred #e as the Crralitivn for Community Renewal), upon the fallowing terms and Traditions: The awarded~fur~ls are allc~cal~d as faUe~nrs: $Z,:~U~ dill be provided fci purchase age appropriate curriculums and supplies fOr the students and instructors of GLASS. - 1. I)el~nifJans: a. "Gity~ means the City €~f Delray Beach, Florida b. "yii&S" means Vyeed and Seed know referred to as the Caalitiarr for Cflmmunity Renewal) - - c. "The Aged` means gThe Agency" means Children Darning After Schaal ~- Sessions, Inc. ~CLASS~ . "C,fCg means the Criminal Justice Commission of Palm Beach aunty e. "I~AI3° n~aearis Delray Beach i~leed ~ Seed Neighbartavad Advisory Board Z. #'urpose of Id1f®rk; _ ~ - The purpose of this agreement is tv sta#e the cavenan~ and conditions urEder~whid~ AGEI~tGY will implement the agre~i upnrz scope of work supported by the allocation of award funds. The Scope. of Service in Exhibit 6AA outlines the specific deliverables. The beneficiaries of a pro~ct funned under this agreement sl7©Elld provide services primarily io residents witFain the federally designated Weed and Seed ~rget area, which has ifs bourgclaries, ~-95 to the ylfest, Svrinton Avenue to the F_aast~ Lake Ida Ram #o the luartka artc# Liratara Blvd to the Saath. The Agency shall, in a satisf~tary and proper manner as determined by the City, perfarin the tasks nec~ssaty to conduct the program vufiined in this agreement and submit reimbursement requests far approved expenses outlined in Exhibit "A", provided hereto and made a part hereafi The funding shall root exr,~ed the City fl~anager approved dol4ar arnount of $2,b(~1, All release of funds shall further be in accvrclar~ce with all suns of this agreement and subject to the approval of the Delray Beach CCR! Vlfeed & Seed Program Manager_ The City agrees to disburse payments upon the receipt of the reimbursement r~uest form and required support dvsxarnentation has determined by the City}. The period covered under this agreement is October 9- October 3t, 2(tD8: All release of funds shall ~~ ~ further be in accordance with all sections of this agreement, contingent upon the corrtirauatiort of the Criminal justice Commission Contras#, and subject to the approval of the Delray Beach GCRI Vyeed & Seed Program Manager. !n addition, the Agency is responsive for providing a written report to the City summarizing the. outcomes of the-cempleted project, ~Il required documenfation - must be provided to the CCRf Weed & Seed Program Manager u+ritttin ~} days of the completion of -_ the project. 3. Records and f~eparts: The Agency agrees to provide the Gity a written report that audines CLASS`S program activities, progress made, number of ~rarticipants, proems encountered, and proposed solutions. This report must be submitted tv the CCRI deed & Seed Program Manager wi~ain 3g days of the completion of the project. - The Agency agrees toretain supporting docementation relating to the activities funded hereunder and related service pmvisivns (activitees~ for a period of three (3} years, dating. from f~arch 4, 2t, ~. Pragram~Generateci lrtcarn~e: Ali idcame earned by the Acter~ey from activities financed by These grant funds must be cried to the City. In adtli~n tp reporting such income, the Agency shad report to tt~ City' the procedure developed to utilize program income to t~ffset project costs. If pram income is used to ext~d the availability of services provided lay the Age~,cy thr©ugf~ this agreement, the prior wriften approval o#the Ci~r-will be required. ~. D#her F~rograrn Requirements (civil l~igl~tstResiderrt Qppartunities): The Agency agrees that rio person shall on the grounds of race, solar, mental car physical disability, ~ nat~nal origin, religion, ~r cex ~ excluded from the benefits af, or be subjected to discraminatinn - urrtter, any activity carried ocrt b~ the performance cs# this Agreement. ~~ reoe~t of evidence of such discrimination, tfie City shall have the right th terminate This t~greement: . The Agency certifies that- required bacl~round screenings will be conductedd on ALL efnployees and volunteers worfcing with youth or, other' vulnerablelprotected individ€rals and have such available for review during Mni~itoring visits. To the greatest feasible extent, louv-income residents of the project areas shall be given oppartrrnities #or training and employmentt and to the greatest feasible extent `eligible business concerns located in ~ owned in substantial part.by pe~oris residing in the project target area shall be awarded contractsin cxinr~n with the project: ~.. Public Relations Requirement: ~ . Grantees shad acknowledge, to the extent feasible, the Coalition #or Community Renewal fundir~ - of the project in annual reports, b~illefins, publications, and other public. relations activities of the grantee. ~. Evaleratian-and Monitoring: - - _ The ~igency agrees that the City will carry out monitoring and evaluation activities {through in- house and site visitafian evaluations}. as determined necessary by the City and that the continuation of this agreement is dependent upon satis~ory evaluation concl~ssions based on the terms of This agreement and comparisons of planned versus actual progress relating to project ` scf~luling, budgets, audit reports, and output measures. The Agency agroes to furnish upon request to the City rx}pies of transcriptiotts~ of such records and information as is determined rrec>essary by the City_ The Agency shall submit areport -as outlined in ~ above and at other times upon the request of the City, information and status reports regpired~ lay the Cify ©€r farms ""' approved by the City to enable evaluation of said progress and to allow far completion of reports as '~ required. Agency shall allow the City ~ monitor Agency an site. Such visits may be scheduled in . advance or unscheduled as determined by the City. 8. Audis and Inspections= The City reserves the right tQ~ require submission of audited financial statements andlor to conduct a "limited scope audit of AGEI~ICY. 9. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to the community. This agreement is not th substitute for ar replace existing or plarrn~f projects ar act'nrities of the Agency.. The Agency agrees to maintain a Ievel of activities' and expenditures, planned ar existing; for p~jects similar ta~ those being assisted under this agreement, which is not less fhan that level existing prior to this agreement. 'f8. Cvrtflict of Interest Provisiv~, - The Agency further cov~"ra~ts that no person v presently exercises ar~y functions ar responsibilities in conn~n with the. funded projects, has any personal hnanciat interest, director indirect, in the activities provided under this Agreemedt which would confect iri any manner or . degree with the ~rfonriance of this agreement and that n€~ person having any car~lict of interest shall be emplay~i by or sr~bcontracted by the Agency. Any passible conflict of interest on the part of the Agency ar its e€np~yees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted" in such a manner sa ~ not to unreasonably impede, the statutory requirements that maximum apparhrnity be provided fer en~pioyment of and partiapatien of l~wer- income residents of the .project target area. 't1. ~usper~siarr and Terminativrr; if through ariy cause the Agency shall fail to fulfil in a timely or proper manner its obligations under this agreement, ar i the Agency shall violate any of the covenants, agreements, ar stipulations of this agreement, fhe pity shall thereupon have the right tQ terminate this agreement or suspend payment in whale cx part by giving written notice to AGENCY of such terminatior3 or suspense of payment and specifjr the effective date of termir~atian or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement ,upon ten ~1~) wording stays written notice to the other party. Upon termination far convenience ar for cause, the City shall pay sub-~r~ipient 1~i e~y far satisfactory services rendered pursuant to this agr~ment through and including the date of terrrrination. - 'I~. Independent Contractor; AGENCY agrees that, in all matters reiatirrg to this agreement, ti will be acting ~ an independent contractor and that its employees are Trot City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and empooeee benefts. `F~ 'l3. Public Entity Crlmes: ay entering into this contract or performing any work in furtherance herea~ the contractor- ~sub- recipEent Agency) c~rtities that it, its affr(iates, sup~iers, subcontractors, and consultants rho Dili perform hereunder have net been placed on the cx~nvicteE# vendor list maintained by the State of ~- Florida Department of Management Services v~ithin 36 months imtrEediatety preceding the date hereof as rewired by F. S. 2$7.933~3)(a~. - 't4, Eour~terpasts of the ~lgree~errt, This agreement contains at! of fihe parties binding represer~ta6an to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the t;rity. 't5. Htrld Harmless a;nd lrid~ificationr Clause: CI_.AASS hereby agrees to promi~ to indemnity and hold harrrrless the mot;` and its officers, agents, seruants, or emp~yees from and against any and a!1 liabilit'r, claims, de€nandsr damages, expenses (inching attorney's #ees), fees, ©ost, fines, penalties, suits, preceedir~gs, aciar~s and .causes of action of any kind and nature arising fmm, or in any way cennected with, the giving andlor use of said funds. ~. ~g~~cylSub-recip4er~: Chil~ret~ Leamin After Schaol 5e~siort~ _ ~ _.,- C , - ~T _ V ~f'It1# Irl~f[18: ~€~~ ~ -mac ; e i~ITNESS. ~ . CITY QF UELI'iAiY CH, FLC} ~ ATTEST: -. CITY CLERIC ~-~~- MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 14, 2008 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF AUGUST 19, 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 August 4, 2008 through August 15, 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: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board - Meetin of~August 13, 2008 A. Approved (5 to 0, Shane Ames and Johnny Kincaide absent), a request to revise the master sign program to allow an increase in the size of the sign for "AT & T" at the New Century Commons development, located at the southwest corner of Linton Boulevard and SW 4th Avenue (520 Linton Boulevard). B. Approved (4 to 0, Andrew Youngross stepped down), a Class I site plan modification associated with improving the lighting to increase security for the Delray Plaza Shopping Center located on the east side of South Federal Highway, south of Linton Boulevard (2275 South Federal Highway) No other appealable items were considered the Site Plan Review and Appearance Board. The following item which was considered by the Board will be forwarded to the City Commission for action. - Recommended approval (4 to 1, Andrew Youngross dissenting), of a waiver to eliminate the requirement to install an auxiliary power generator for St George Suites, located on the east side of Pineapple Grove Way, 410 feet south of NE 4th Street (321 Pineapple Grove Way). Historic Preservation Board - Meetin of~August 6, 2008 1. Approved (4 to 1, Roger Cope dissenting), a site plan extension request for amixed-use residential/office development located at 338 NE 1st Avenue. Concurrently, with the extension request the Board recommended approval (3 to 2, Roger Cope and Toni DelFiandra dissenting) of the following waivers: - Recommended approval to the City Commission of the waiver to LDR Section 4.5.1(E)(8)(a)(1)(a), which requires compliance with the building height plane requirement and allows a portion up to 32 feet in length to be located within the building height plane area. - Recommend approval to the City Commission of the waiver request to LDR Section 4.5.1(E)(8)(j)(2), which requires that buildings that are deeper than fifty percent (50%) of the lot depth, have a portion of each side facade, greater than one story, setback a minimum of five (5) additional feet from the side setback line. 2. Approved with conditions (5 to 0), a request for a Certificate of Appropriateness associated with as-built windows and door alterations for contributing structure located at 118 Dixie Boulevard. 3. Approved (5 to 0), a Class III site plan modification and a request for a Certificate of Appropriateness associated with a 1,152 sq. ft. interior second floor addition for Hammad Shoppes, located at the southeast corner of NW 5th Avenue and Martin Luther King Jr. Drive (139 NW 5th Avenue). 4. Approved (5 to 0), a request for a Certificate of Appropriateness associated with an addition for a non-contributing single family dwelling located at 711 North Swinton Avenue. No other appealable items were considered the Historic Preservation Board. The following items which were considered by the Board will be forwarded to the City Commission for action. - Recommended approval (5 to 0), to the Planning and Zoning Board for City initiated amendments to the Land Development Regulations (LDRs) Historic Preservation Sites and Districts", enacting a new Subsection 4.5.1(N), "Criteria for change of Historic Designation and/or Classification", and a new Subsection 4.5.1(0), "Procedures for change of Historic Designation and/or Classification", in order to provide criteria and a method for a change of historic designation and/or classification. - Recommended approval (5 to 0), to the Planning and Zoning Board for City initiated amendments to the Land Development Regulations (LDR) for Ordinance 30-08, Pertaining to the Land Development Regulations (LDR) Section 2.2.6, "The Historic Preservation Board", Subsection (D), "Duties, Powers, and Responsibilities", to provide consistency with the requirements listed in other Sections in the LDRs, amending Section 4.5.1, "Historic Preservation Sites and Districts" Subsection (D), "Review and Approval Procedures", (E), "Development Standards", (F), "Restrictions on Demolitions", (H), "Undue Economic Hardship" and (I), "Historic Preservation Board to Act on Site Plans, Landscape Plans, and Architectural Elevations", to require that relocation of a structure not occur until the redevelopment plans have been issued. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map N SPRAR A. AT&T (NEW CENTURY COMMONS) 8. DELRAY PLAZA HPB 1. 338 NE 1ST. AVENUE 2. 118 DIXIE BOULEVARD 3. 139 NW 5TH AI/ENUE 4. 711 N. SWINTON AVENUE ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT AUGUST 2008 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\8-19-08 --DIGIraLeaseMaPSVSrE~U-- 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: August 4, 2008 SUBJECT: AGENDA ITEM 8.P.1 -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 CONTRACT AWARD/H & J CONTRACTING, INCJSWIM & TENNIS CENTER EAST PARKING LOT ITEM BEFORE COMMISSION This item is before the Commission to approve a contract award in the amount of $95,135.10 to H & J Contracting, Inc. for the Delray Swim & Tennis Center East Parking Lot Project #2008-004. BACKGROUND The project scope includes the modification and installation of drainage; the repair of root damaged areas, asphalt overlay, parking lot re-striping; and the installation of landscaping and irrigation. This is a paving project and we currently have three (3) paving contractors working for the City. Staff requested quotes from two (2) of the contractors; and did not request a quote from the 3rd paving contractor based on concerns about the status of their current city project. Total Quality Construction Services, Inc. submitted a quote in the amount of $120,355.90; and H & J Contracting, Inc. submitted a quote in the total amount of $95,135.10; which includes a base price of $86,695.10, plus alternates in the amount of $8,440.00. Staff is recommending that the contract be awarded to H & J Contracting, Inc. Prices are commensurate with industry standards. The quotes are attached for your reference. FUNDING SOURCE Funding is available from 117-4133-572-65.57 (Recreation Impact Fee Fund/Capital Outlay/Swim & Tennis Parking Lot). RECOMMENDATION Staff recommends approval of a contract award in the amount of $95,135.10 to H & J Contracting, Inc. for the Delray Swim & Tennis Center East Parking Lot Project. sTAN®ARIa ~®RM ® AC~REE~PIENT BETWEEN CITY AN® CONTRACT®R THIS AGREE(~IENT made this day of between the CITY ®F ®ELRAY BEACH (hereinafter called CITY) and H & J Cantractin inc. (hereinafter CONTRACTOR). WITNESSETH: caned The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned C®NTRACTOR hereby represents that he has carefully examined ail Contract documents, and will perform the contractual requirements pursuant to ail covenants and conditions. 2. The C®NTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes aif costs and expenses required far the satisfactory campfetion of the contracts requirements. 3, The contract between the CITY and the COlNTRACTC}R include the following documents which are attached hereto and incorporated herein by reference of the following: c®~ITRACT ®OCUnnENT ts, ~A~E Nut~BER~ Standard Form of Agreement 1-5 Corporate Acknowledgment 6 Certificate 7 insurance Requirements 8 20_, by and -I- CONTRACT' ®®CUMEhJTS ~at~t~t'd) PACE NUIVI~ERS Sample Insurance Form Proposal (Schedule of Pricing} 9 10 - 11 4. The term of this contract shall commence on the date indicated an the Notice to Proceed. C®NTRACTOR shall have 64 days to complete the project. 5. This agreement steal! be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 144 NW i st Avenue Delray Beach, FL 33444 As to CONTRACTOR: H & J Contractin inc. 3164 Fair[ane Road Wellin ton FL 33414 7. The C®NTRACT®R shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the C®NTRACI`®R shall oat assign any moneys due or to become due without the prior written consent of the CITY. .. 2 8. The CITY and the C®NTRACT®R each binds himself, his partners, successors, assigns and legal representatives to the ether party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10,00) and other valuable consideration, the C®NTRACT®R shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any Viabilities, damages, fosses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness ar intentional wrongful misconduct of the C®NTRACT®I~ and any persons employed or utilized by the CONTRACT®R in the performance of this Pro}ect. CONTRACT®R agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or an account of the use of any improper materials. G®NTRACT®R agrees that negligent, reckless or intentional wrongfu! misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CflNTRACT~R, his subcontractors, agents, servants or employees. CONTRACT®R further agrees to defend, indemnify and save harmless the CITY from a!I such claims and fees, and from any and afl suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs far any invention or patent, and from ,any and all suits and actions that may be brought against the CITY far the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. -3- The indemnification provided above shat! obligate the C®NTRAC7'®R to defend at his own expense or to provide for such defense, at the CITY'S option, any and ail claims or liability and ail suits and actions of every name and description that may be brought against the CITY which may resuit from the operations and activities under this Contract whether the construction operations be performed by the COIVTRACTC~R, his subcontractor ar by anyone directly or indirectly employed by either. This indemnification inciudes all costs and fees including attorneys fees and costs at trial and appellate IeveEs. The CITY will pay to the CCIVTRe4CT®R the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the C®NTRi4CT~R acknowledges that the bid price inciudes said consideration for the indemnification provision. '[0. This Agreement shall be considered null and void unless signed by bath the C®hITRACT®R and the CITY. 1'i. The contract documents constitute the entire agreement between the CITY and the C®tVTRACTE)R and may only be altered, amended or repealed by a duly executed written instrument. -~- lIV'4~'pTNES5 VVHERE~F, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Cierk Approved as to form: City Attorney WITNESS: CITY OF DEI_RAY BEACH, i=t.ORIDA By: Rita Ellis, Mayor H & J Contracting, Inc.: BY: (Print or type name and title) (Print or type name and title) (SEAL) -5- ~®I~~o~~Tl~ Ac~~®uvL~~~l~i~NT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2g-, bY. or agent, title ofi officer or agent), of place of incorporation} corporation, on behalf of the corporation. (state or HelShe is {personally known to me) {or has produced identification) and has used hislher identification. type of identification} as Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped {name of officer -6- CERTIFICATE (!f Corporation) STATE OF FLORIDA ) ) SS COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held o resolution was duly passed and adopted: 20_, the following ik®E~®I_1®E ®'S, that , as President of the corporation, helshe is hereby authorized t0 execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporatian, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". l further certify that said resolution is now in full force and effect. IN ~IIPITNES~ 1NMERE4F, [have hereunto set my hand and affixed the official sea! of the corporation this day of , 20_ .(Secretary) (Seal) -~- )i+~~Lii~aRlC~ k{~1Ji#~i~E~kV €`~ A. G_ ~I~RAL C±;uring the term cal the ctsntract with the gkiy, #h~ con#rac#or shah procure and rciaintain insurance aftFre types anti to fire Limits specified in paragraphs {t) ~, {~~ irtciusive i7elc~~r ~. ~aVEt~AGE except as t~therwise stated, the arnounta mnd #ypes of 'insurance shall corafrsr'rvi fa tt3e fakkowing minimum repuiremer~ts; 1111©rE~r~s Co~~c~tseticn - coverage to a~spky fcsr alk empiayees fcr S#e#utory kimit's in compliance evlti~ the appkicsbie State and Federal Laws. in addktion, the pniioy must inckude E~mpia~rer's LiafSiiiCy with a. firrrit t~f ~~b4,OB4 each accident ~. C pensive ~e iat~i' -Couerage must be afFnrdsd on a faun no rrat+re restrictive fhar~ the iatsst edition t}f'ti~e CrsmpreF7ettsive Genara[ i:iaiaffity Pokicy filed t'?'tFie Insurance Services Offrrs artd must include..: a) Niirtirr-urn limits of $~i1Q,QQ#~ per acaurrenc~ ptsmi3irred $ingke limit for Bodily injury Liaia!lity and f'roper4y gamage #.iat~iklty. b} f:'rernises ancilt~r dpera#esns. c) inriependent Can9ractars. -d) Products andlcr Caietsd Aperations, e) ~1o exclusion for ~indet~raund, Expioslan arColla~ase hazards. 3. Business Auto i~cfiiClr - Gaverage rnus€ be affort}ed on a form na rraore restrictive than the kat>Kst edition. of the Business Auto Pclitfy Eked by tha insurance Service iw~ffiice and must inciutle; a} A~inimum l..irrrits of ~3QG,U~€t per~sca~rrrsnce cornhined singie kirnit far Bodkly kn}ury k.ia#riEily and €~raperty q~t1'sa.ge k~iaEaiiity. b~ Cswned Vehicias, c} i-iired and Nara-C)v~aeti Vehicles. d) ;~rnpbyer,Nart-Clwraership. ~4. e i cafe of.frrsurartce - Cerfkfrcates of ai! insurance evidencing the insurance coverage specified in the preuia>.rs Insurance Admiriisfratar prier fa cat~rtmencernent cf warlc. ~ re aired es o ~nsura c sh I! root n nartae t ~ types of odkicie~ r rr cruse Erre v tit Uelra C~9a as 8ttd ion l ins re , if tE~e inifiak insurance expires prior to the crvmpletipn of tit'b work, renav~l aertifiCetes sktekl be famished thirty {3t3} days prior to the date of expiratitan. Also, ur~ciei• fhe Cancekkation sewn of t#~e insurance Geriifrcation ~e +~t,rd~s `encfeavcar ta" and °but faiiure to maik such notice shakl irrrpcese no. takskigatian or fiabiiity of sny find upon the coattparty, i#,s agents pr representa#ive" shaki kse crasaed oaf as indicated cn the attached "Sample of insurance ~ertifrcate#: lnsurance.t~rfkfir.,a#e sample, naafi tea©e ..g~ aa~ew,a r ~.~ w i E i ur ~rrc.nM r ~H~r~ ~+ rm ra~~s ice. ~a • ~r ua r ~ s ~~ ~ ~~ ~ r ~ ~ ~ ~ j ~ „ s ~ r ~~ ~~ Y/~ 'ftP16Ri1~ 4°s' ffiSFf~ A li!&'f9'8R L1F ~ CAS1:Y 41~ ~$• :.1 ' $ii7~2(ICY't'L~I~CJi~'[f+~.'ll$~C~~2~1'~ifS~'~~~. ~'. a. 8(?~ 1~4i S3' G~',~, LISA aCS~1fl4? ~ , CC?~€Fi4~tiF~ ~1~1~ ~DY~FtAC~~ ~~tr,~ ~ ~ ~ f~ ~S~OiCE CO. ~u[e~p "~~'~` E3 'fl~~~ CCY~P~F ~~SiT$$3~C$ Cdr FF7~L~,7C tf~~ ASS. C ~3G ~ ~i+Ri, U&~ flbQ €33, ~ 3~ t ~~ ~~ ~~ ,~, ~' 11~ILti"Y ~ ~~ C~t7Rt,LT~yy, ~ ,r ~ ,~ ~~ A d u~'ara0asc~ t~aeresrr ~ .,L anY auro j~ ,~ ar~+ea ~ . ~.~ AEL FFHtiLh} ~? ~ . .411TOS ~. {~" ~ IiA~C3TY ~i ~1'EYId -"~" C1#~t SSifll1 kR ~~ 5'k1~7Yi~tS' L1~:T(Y aye -- t s~oxudyK E~L1'{Y tkuFfs ss~ ~, R~?AOrrs1 7 .,, k ~ ~ ~. ,rte ~ ~ ~~ spa urr. .. 8Pr' ~ $' r '~ RF1~@AIiY . OMA4G$ 1 v GC148e1H0 ~ .• ~~{Tir R~ ^TF L"r~7A Y. ii ^WWGRT -~- ~ ~nr "gym It~~ 31fi4 FairlahrT Farms Read k+VeHing6an, Ps. 3341~F USA Phone: 561-791-1953 'ffe3: CiCy ~ i7elray 9each C.ce f28f~k 8~ttesi~rsss A~dFaaa: E31Fice L?F Tha City ~x7ineer, 439 $. 5Vdin'mn Avenue F~tasae: 561 2~iB-734fl Delray BeatFi, FI.33444 USA ~~c: (5€i1) 243-7`314 ~ras~eck O~e~ae~e: Delray [3eea~h 5wlm & Tennis Centex did Nulnbet: PI~j Cac~atitsAS: £ity Cf i~eiray beach Swim ~ Tennis --Center, Delray 6ea+~, FC f~id i'3aete: Cane ~ tae ~ It~tw Deecript~on taaafed Qsaeay F1nat t7arit priers 3'o4a1 price ®A) GerreraP GoaaciiEiaea 1000 t+lahillaakion i.00 !S X3,450.08 $3,450.00 1048 Suruey, 4.aYnui ~ Asbuifts 1.OR I.S $2,875.Oa ~2,~37&.40 Tot~i Prig Far aiwve t3Y) t~aaerai Cnnditi~ans Items: ~8,8Z5,ts0 02} DaemolJslrovcais 2000 Remove existing AsphaR ZS5.E-0 51' ~12.tX3 $3,420.04 20:35 Renrave F~dStirtg 5t4rm pipe 35.04 CF ~37A0 $1;295.00 2010 Rc:mcave 6:isttnq 5tnrm 5trt,ctrsre 1Ap EACW $B~.f10 $824.00 Trsi~S Ftft~ ffos' aisuve 42) €3eaaal~Rera~sva~ Itee~s; $5,S3S.OF7 q3) t~rthwmrk 3400 Impart Tepsalf Far Curb Islands 25.Op Ct' $2f3.50 $712.517 3005 Grade Curb Is4arids And i Green 1A0 Ir.S ia2,855.#7Q $2,855.80 . AisaS 3810 Sod Curb lslarxis & Z` 9ehind Asphalt - 4,390.00 SF $t7.44 $1,931.54 Florham Tas[ai Price for i*bove 113} Earitaasraark Ib~eps: $5r499.I.Q l74j 5;iamrin Drefatigie 40t7C 1S" RCPS~RF7i[ pipe 12&.03 t,F $3x3,00 ~r,875.40 4005 Type C Inlet 2.013 EACkI $2,220.00 $4,980.04 40I0 t3oc}hause Sturm Nianhoi~ 1.00 SAE~I ~,9Z4,D0 $Z,920;Ot7 4015 Acij~;t Grate 1'n Match Neva Paverr>errt 1..04 EACi°I $685.40 $~€i&5.017 4fl20 R~h9tio~n £3F'S~rbgrade 8i use 155.OF7 SY $28.04 ~1,380.0t3 Ti~si Pike ftir ubave i3A6~ 5tarm Drrinege 84enfn. $17;26R.t3tt C35). Paving . 5000 MGlfinp 288.88 5Y $9,04 $.1,800.Ofl 50€35 Lesrellr3i{ CGUrse 1.00 LS 54,400.ff0 $4,400 5010 1" Type S-III GueriaY 3;128.00 53' $S.*s5 ~1A,435.80 5015 Type D Curtr 280.40 CF $17.25 $4,634.44 SOaO Palest 5fx#ping & Wiseef Btotra 1.138. C5 $5,4~1R,00 X8,450.00 7'otat Price Far afaove 05} PssviiYp Items: ~36a91S.00 t36) I.atcd>s~psirag - , 6ti80 1.andscaplrt9 1.010 iS $!0,150.0(7 $10,154.00. 5005 Irrigation Aiiowancx; 1.00 i.s $S,OOU.80 $S,OOOAO 1Yit8t f+riLa-BoT all~e Db~ i,.istid~ttffat]$'1F~aa!ffi: $1.5rI6i9.T10 7ato# ~lkiii &+s°icc: $!&6,635.3,4 1PP) A!lterai~es 7000 Ropk Remarvat .1.00 {,S $1,D00.00 $1,1704.40 7001 Ctlt 4ZooCs Around Perima4ar 1.417 I.S. $1,990.04 $1,890.00 7002 1ns~lt 24' Root barrier Around Perimeter 1.84 l5 $5,458.00 §. x,450.00 TAI Prise ~afsava>3~ AtGeea7at~ Ireis: >$8,44[t.RO 'ffOt7tL Alll~~to Price: $i3~a Lutes: .This pr+~aasai Ig i3asad an plans and sWecifrcations pn~parrsd fry fibs City of [7eiray beach, ent3ticd t:H.y of I]dray xrh Swim & Tennis Center, dated 08/26/07, with na revisions; iSnd 6ufsjctk ttY ~1e fAIIAWln9 pnS~5icm5. • The prices hneluded herein da nay include asst of paYrraant and taeFtnrrrsa bonds, permMs, arEestEng, 07I29J2W~ 2:4:52 F~1 A~ 1 afZ ~„~ ~ w. m Rough gradrrrq ran be darts by H 9s 3 Gorih°tacGng, pn an equipment renlai tzasis. H ~ J contrscE#pq nn~aetstarts when the jDb is b~ianrxed ~ arulhhtn +l-~• 1~'. . frr~k~s quat~d are based ssn cximpletinq ati lf~ms in a sar~fnuaus operation. 5hnuitl a pertian ~ deta~d ar suspeitc~d, prices quoted ~e suiaject 4a revtslatt. k r~a,gnaiate remnb€tixatJc+n rt~nae wU! be rYtacfe far' each adcGdpnal move-tn r~atrcd by Custarner. m Ctearing and grubbing is net inotuded In this proposal. r~antraeAnr nr~t respc+nsit'+le tar existing ul5titles net shown an plans. . Clean#ng or repatnng of mrtsting dratrsage system to be t€ed ir~a uvitt~ n~+ ennsiruetion is not irrduderl, ° ~, suppoefsng or rstorattng any utltlty pa3es is trot Is~ciuti~t. . Changes in Cabot c~xrsstfitcatian nr xssignmerrt of vursrk by anyone other than H & J wilf establish a psis far rtJatiort of prkes s~ forth fn this oantract. . i+lo bade charges ~' claims of the sustxsrrrcr shall 6e mncidered by ti & 3, urt~ss presetrted in writing vstthin W~enty-four {24) hours dit~r disaavery. Custor~r must allow H &,] a. rrasormble apportur~tty to Cure any deEert, + Tt1e prices .~uot~d heCain inetude 2 rrrof~itizattan{s). Adtittonal mnblflzatinns wifl he hilted at 2,5t10.t7Ci ea. ° taus txi vclitile rrsarket, prig herein are subject to change retread by lncreasex trr materials, Duet, and tusking, casts, . lGn the event that the' City waves tfie tFiermoplasiic slandsrd, deducx $1,OfIo from Item numiaer 5gAD - Palnt'~sing & YVhe~ fps. . Note far discussion - kccodtng ~ ttie plans, In aCder- to install t+re A5°' RCP' from 5-3 ~ the ~tlsttng Type C structure, we sntlll have to remove an axisiing Frardwond in tt~ n~cllen. Please advise. ~4CC~P'i'~E9: The above pric~5,. spicattarts and conditions arc sa#is€actory a red are hereby accepted. ~htt-Tli~tEt7: ~r 5~nat'.aAF'e: ~tacnsCor: Michael Dickson ~ Suyer•1 E 5isgt5a~r+c: Date at Accgptearce: X71291 ~t1a8 x:39.52 PN! Page 2 pt'2 _..... ... -------T -- ~r _= ~ .-rn +6.. ~~.. -k..: ~ . "6.w-,n. -.... i f I - I 2855 N. University Drive, Suite 410 Coral Sprizags, Florida 33065 I'Izone 954-444-7732 I'ax 954-346-3440 ~uc~t~t~on City of Delray 'i"ennfs Center -East I,ot ~nta8 ?Qualm C'~~~:str~i<ctia~~ Seim-ices NU. DESCRIPTIOR Il~IT EST. QTY. ITNIT PRICK T€~TAL I'RIC 1 Mobilization LS 1 $ 12,50fl.00 $ 12,500.00 2 Maintenance oi' Traffic LS 1 $ 1,500.00 $ 1,500.00 3 Clea~•in and Grubbnl T S 1 $ 5,500.00 $ 5,500.00 4 Concrete curb P'nOT T e "]~" LF 225 $ 12.58 $ 2,830.50 5 Pavement Markin sand Signage 1.:5 1 $ 4,500.00 $ 4,500.00 G I" Qverlay As halt anc levelin) SY 3170 $ 15.50 $ 49,135.00 7 1 lf2" T e S-3 As.. halt SY 135 $ 13.72 $ 1,852.20 S 8" Limerock Base SY 135 $ 13.72 $ 1,$52.20 9 12`" Com acted base SY 135 $ 19.00 $ 2,565.00 10 O en Cut Pavement As halt. Trench Re air SY 150 $ 25.00 $ 3.750,40 11 T e "C" Inlet EA 3 $ 3,000.00 $ 9,000.00 12 15" RCP Stomp Sewer Pie LF 113 $ 45.00 $ 5,085.00 13 Remove Existing Pie LF 33 $ 25.0{} $ $25.00 l4 Disconnect and Plug h~let 1~A 1 $ 1,204.fl0 $ 1,200.OL3 15 Adjust Inlet LA 1 $ 750.00 S 750.00 16 Landsca. in LS 1 $ 11,501.00 $ 11,501.0(3 17 Irri ation LS 1 $ 6,004.44 $ 6,004.00 18 utility Allowance LS 1 $ - 5 - i 9 Video Allowance LS 1 S - $ - 24 lndemniheation LS 1 $ 14.00 $ 10.00 T(~dALD.~S'I i.€)'1 ~ I^ii,~>5.9+; Clarifications: t3verlay Price is based on $10.501 SY fora 1"overlay and a l=stirrtate NTE of $3.001 SY for Leveling Line item #9 is assumed to be 12" compacted Limerock Base Landscape plans {Blurred) were not clear on if the Ficus on the North side were to remain. Clearing budget includes removal of 2 ficus. Paverr~ent Markings are Thermoplastic all signage is new. Landscaping price includes sod restoration. Signed: MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: August 13, 2008 SUBJECT: AGENDA ITEM 8.P.2 -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 BID AWARD/FAST DRY COURTS ITEM BEFORE COMMISSION Commission is requested to approve a purchase award in the amount of $42,700 to Fast Dry Courts for drainage improvements at the Delray Swim and Tennis Club and the Tennis Center. BACKGROUND We have been experiencing for some time drainage problems at the Delray Swim and Tennis Club between courts #15 - #19 and #20 - #24 and the west side of courts #13 and #14 at the Tennis Center. When we get rain, the courts flood and make them unusable. It takes days for the courts to dry out. Work involves installation of +/- 840 linear feet of Zurn open shallow trench drain and eight (8) in line catch basins. Quotes for this work were received as follows: Date Company Amount June 6, 2008 Fast Dry Courts $42,700.00 July 31, 2008 McCourt No quote submitted August 12, 2008 Welch Tennis Courts $60,655.00 FUNDING SOURCE Funding is available in account #117-4133-572-63.90 for the Delray Swim and Tennis Club in the amount of $29,800.00 and account #117-4145-572-63.90 for the Tennis Center in the amount of $12,900.00. RECOMMENDATION Staff recommends a purchase award to Fast Dry Courts in the amount of $42,700 for drainage improvements to the area between courts #15 - #19 and #20 - #24 at the Delray Swim and Tennis Club and west of courts #13 and #14 at the Tennis Center. Aug, 1S. 7+~Ci$ 1~:4$AM JCD SPORTS Na. X13$ P, Z ~:i~^~::-r,: ~;~ct, a,a^-u.,~.:~u~~tis, 1r„-. rya z c.,1_, QUOTA ~- _.f...Y...r.-i - .~-4 _ !~~ ~~iII1CC ~'~' ::i: .f:' ,'x~, Y,!.~7 ~ ~ ~-' s`, .;tea. ... a,,,:.~... 3~~.+::.:~:u._~iW:• ,,Fr~s~ Dry Caur~ts »~n N. w. r s" Aver~u~ ~'omganp Beach, ~'L 33468 Mike D ;grcy ` Ciry of Delray 6ead7 {SYvirn and Tennis Center) Telephone: 55~,-243-7360 X350 Jaeger brNe FaX phone; 551-2q3-7362 Defray Bich, Ff_ 3344# Dear Mike: ' Fast-pry Courts, Inc. is phased to quoteyou an correcting the storm drainage far the City's tennis courts, as follows: ~+vim 8c Recyuct Club Courts , $14,900 -Courts #~.~-19: Provide and instal} t/- 300 lineal feet of Zurn open shallow trench drain outside the fence line to catch storm water and clay material run off. Price include5~three (3~ in-ilr~e catch basins. Rur~ b" flek dCalt?3ga pipe from tht' 56LfChVy'E5t Cd~CIi b~51f1 t0 the catch ~7a5irl in the west parking l~r. $14,900 -courts #ZO.2q:: provide and install +/- 3Q0 lineal FeAt of Zurn open shallow french drain outside the fence line to catch storm water and clay niaterlal run off, price includes three (3} in-line catch basir<s. A format contract will be provided at your request. IF you have any further questions or would like the original of this document mailed to you, please contact 800-432w2994. Sincerely, FAST DRY COURTS, INC. i odd M. ueiior Vice president lice ~n3+~,a rrt,~. 31a>n3Lf~ ' rru:~ n~[rrl:r~~ Cpnstructian ResurFacir7g 1~3.' ~ Nlainrena~ce '." ~' ~ ~ 5appfies ~r~rr~.frist-rlr~r_com ~v~v.10-s.colTt NfttlOx]A~: ~-Rr1U-4,3z-?.9~J~ • Lacrtl: (9~4) 979-3I 11 ~ ~z~: (954) 979-r33~ June 6, 2tl[]8 Aug, 1~. ~C~C~~ 1t~:4~A~1 ,,BCD SPORTS '3t.q.-2i;z2~}~B 9A:,~0 ~P,[JM:1~-S SLIPPLY•FAST DRY 4599~~8479 ~-~ ~ ~ . fi~r~ ~. ~K~~! l~s~~) ~~,~-~-3~~ Ntay fi, 2008' Shanort Paidher, C~0 Management Gty pf DeJray Bach R,e: ~r~y 8~et~ 'T~wnri;s C,~n~er Co41t+~ #13 & Z4 i~r Sharon; Na, ~33~ F. rrJ : } 56 ~~437i62 F' i f '' 1 Icy ! 404 ti,~i~. f 3~` Avrnuc Ransp~o Beach, FL 334tr4 cell phase: 551,-7X~-6x16 ~-m~if:~ s~iQOf P(~aof. cclm FaSt,Dry Courts, Inc. ~ is pieesed to quooe you on I,stallirig shiallaw trench draiM at the anave C`dur~' for the t~t21~ ~~ ~ $~.Zs'9QD.~Q WoHc wilt include ail faba'r and rnat'errals fo accdrnp~shn~he figtrowing: 1} Prt7vid2 end insmll +/-140 lrneaf feet aF hum shaffoW trerr[h drain aiorrg the inside west fence line. .2y Insbli twq (Z),n-lure catch besl~s. 3~ Cor}nect~dralriage fit~@ to ex;string GetcH basin a~ the sauL~eaSt corner of tY-e courts.wlth &"flex piPc- A forrn~i contract avir~ lie pr~videt! ai your re4~-e55tr If yvu have arty furth@T' g1~5tiDf15, or vuQUfd line EhQ original of Chime Pages mailed to you, please da sat h~esitat+e tv cafl 9S4~g79-31.X1, Sinc~etefp, FAST-DRYCOUR7S} i1VC. Todd M. Dettvr VICe Presrd~nt ~ ' ,~~ Consm~cbon . Rt~suifgCrng - . ~ M2;rftenance • .- Suppli¢g - ~ ttsvw.,fast~~1-y.eoxr, y~wer,~,4s~vm Na.t9aisaa: I•-800-~3Z-494 • Local: ~95d) 979-3 ~ i 1~ - Fz~x; (9S4) 979-1335 QtJOT~ ug Aug. 13. 2i708 1C~:48AMi~ea~~~CD S~'ORTS 56 1 2 722 1 49No, 533 P. 41 ~~ ~ S (~ C? ~~ ~ ~ ~ ~, ~~n n ~ ~ -~ ~~~ ~ ~h~ ~ ~~~ DR4rN,4,GE XN'ST~T.LATXON PROPOSAX, Welch Tennis Courts, Inc, offers to supplyand inst$11 cl~annea drairx on twelve (X2) existing teru~,is courts, at Delra~r Beae[a Tennis Center in Delray Bead-,, Florida accoz-ding io the fdlov~~ng terms and specifications: !_ CONSTitUCTIQN REQUIREMENTS; The Owner shall conform to a[1 building Plans rx~itl2 applicable zoning requiremerits_ The Contractor will include an allowance for all permits, fees, and engineering cosh as part ofthe proposal. The Dwner will rcimburse the Contractor that direct cast for all such permits, fees, and engineering costs. Subsequent permit fees required because of failed and/or rejected inspectiaz~s shall be paid by the ContracCor. The Contractor shall be responsible for licenses, general liability insurance, Workman's compensation and taxes. If a wai~uer of subrogation is required. arz additional $250.x0 shalt be added to the cortbract place, 'Z`he Owner shall be responsible for fire proposed suitability of the site, Ff the Oumer requires bonding, additional insurance coverage's and/or limits, yt will be provided at Contractors casts plus overhead. 2_ SYTE p)REPARAr,TXON; Site preparation is not included in this proposal. If large racks are encountered, the gv,7,er is responsible for the cost of the removal, drilling, or blasting and will be cljarge an a time and material basis. ,~ ~~ ~o ~- DRAINAGE INSTAx,l[,A,TgON: The Contractor shall supply and install ~ approximately $401ineal feet of a polymer concrete cbatinel drain with stainless steel grate on the la~ttir end of twel'~e (12) existing tennis courts, 4. 'WARRANT'Y; Welch Tennis Courts, Ittc. ~~arranry's ~e completed work against faulty workmanship and/or rz~aterials for a period of one year. The warranty period shall oomrneuce upon caxnpletzor~ of ktie work and shall only be effective if the contract amount is paid Sn full. 5. PRICL~: The Contractor shall construct tl~e dxainage as specifed: I~RAIIVAGE ~ 60,655.00 ALLO'~VANCES: PERTvIITTING $ Q,00 qug Aug, 1~. 2Q03 1Q:49AMtrAarr-JCD SORTS 5st2722t4s~~~~ ~~38 ~'~ F2 2 ENGINEERING $ 0.~0 TOTAL ~bfl,655.DD ~~ ~'E~7S: SQ°/n down payment with signed contract to scibeduye cout-t construction. 30% payment upon delivery ofthe drainage materials. 20°/a upon completiorx of entire corttrac~t. NOTE: Late paS~ent fees shall a~cerue daily from, fve (~) days, a#'fer invoice date on a,n armualized basis of eighteen percent (I S%), AcSy payments based on AIA schedules will accrue interest from AIA payment due date. Welch Tennis Courts, Znc, reserves the right to stop work in the event ofnon-payment, further mare; all materials remain the property of Welch Tennis Courts, Inc, and are subject to repossession anti] payment is xeceiv~ed in full from Orrrner. In no case shall additional insurance requirements delay payment per the terms ofthis agreement, V4'elch Tennis Courts, Inc., operates Non-Uraion, unless otherwise stated in this agreement; any Union. related costs shall be borne by the Owner, 7. ESCALt~,TION CI,AY_iSE: "If construction does not begin within 60 days of the contract date or a price increase oFinaterial, equipment or energy occurs through Ao fault of the contractor, the contract s]im, lime ofcompletion, or contract requirements shall be adjusted equitably by chac]ge order. A change iz~ price of an Stem of material, equipment, ar energy will be considered signifi cnrtt when the price of an item in.crease~s f ve percent between t<te date of this contract and the date of installation." . S. BU~X,DING RE~LTI;REMEI~'pS. The Owner shall provide access to the site for tractor-trailers and other vehicles with a tiveight in excess of twenty tons, provide axj area adjacent to the site for storing and preparing materials. The Contractor shall exercise reasonable Dare in utilizing the access and storage•areas 'but cannot be responsib]e far damage caused by normal construction operations (for e~ampie; damage to sod, landscaping, sprinkler Iines, pavement access, etc.) The Owner shall notify the Contractor, prior to construction, of any water, sewer, electrical or other conduits, which are located at the court beneath, the ground surface or otherwise obstructed from view, and in ~e absence of sUCh notice, the Contractor skull not be held liable .for any darrtages to conduits during the course of constnrction, The Owner sha11 provide arz onsite duiri],pster for the Contractors use during cons~uction. In the e'~rent the Owner is unable to or ~v`ould like for the Contractor to provide the durnpster, the Contractor shall coordinate the delivery of a can,struction dumpster for the jobsike, The costs for the durapster, ir~c~ludir~g but not Iltnited to. picK-up, delivery, monthly/weekly tees, and dump charges, shall be the responsibility of the Ow7ter. 9. 5YJCCESSORS: The terms and conditions contained herein shall apply to and bind the heirs,, successors, executors and administrators of the parties. ' 10. ATTORNEY'S TEES: Tn the event the Contractor puraue5 any o~Fhis remedies under the ll~echanic's Lien Laws ar any other laws of the State of Florida becaUSe of the Owner's failure to' make timely payment, the Ovsmer shall be responsible far the ~elra3~poachTCDialn[ ~ ] ,arlZ/`p08 Aug. ~3. 7{~~L~~110:49AM Je5JC6 SFORTL n~ccou~r Na, 138 F. 6~ ~E ei DADE: (3G5) 266-fl25Z BROWARD; (p64f 443-1 Ti ~ FAK: (3~5) 3TB-2595 CoH8TRUC710N . RRBURFACINa ~ $IJPPLIE$ i g1 S5 SW 117 AVENlJt= SUITE 28B MlAMl~ Ff_ 38177 FAX COVER SHEET Dare: -~ , ~ ~ ~ o g To: ~a ~o~ ~~,cys From: ~.Yl ~~Q ~ n ~ ~~: ~~ Number of,pages xn Tra>b~mxiTA~, ioclu~d~ng this oue: ^rwwr.^w^^^r••lwrrrrrrrrrr^wr^^•^^rr^.^^^^r^^rr^rr^^rrr^*w^rtrrM^rr^^rrr^r^^Rrr^ ~w~ ~ortiv,~vsa-i~+'a~ sr~ ~ a~'c~` ~ r 5 6VC~A t~ ~u ~ vJO~ 4~., Thaak You, MCCOUtt ['OIIS~ITICt1~IIla .~tiC. rtr~tR ,.} a ~ ~ ~~,~-s couRT ~Na ~ ~ HB[LOER 5 A55~CIAriQN MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden DATE: August 5, 2008 SUBJECT: AGENDA ITEM 8.P.3 -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 PURCHASE AWARD/GARBER CHEVROLET ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of one (1) Chevrolet Impala Admin Package vehicle from Garber Chevrolet for a total of $17,310.00 as a replacement with requested options and warranty, per the Florida Sheriffs Association bid award #07-15-0827, specification #4 pricing. BACKGROUND City vehicle #1513, a 2005 Taurus assigned to the Police Department was involved in a single car accident on I-95 on Saturday, July 26, 2008. A wheel and tire that had been in the roadway were struck at highway speed and caused extensive damage to the underside of the car, resulting in a total loss. There were no other cars involved, and apparently the driver was not injured. FUNDING SOURCE 501-3312-591-.64-20 GARAGE FUND AUTOMOTIVE RECOMMENDATION Staff recommends the purchase of one (1) replacement Chevrolet Impala vehicle from Garber Chevrolet with requested options and warranty for a total of $17,310.00. Pricing per the Florida Sheriffs Association bid award #07-15-0827. BID AWARD ANNOUNCEMENT 07-15-0827 PURSUIT, ADMINISTRATIVE NON~PURSUIT, UTILITY VEHICLES, TRUCKS & VANS, & OTHER FLEET EQUIPMENT Participating Sheri, f,~s Offices SL Locat Governmental Agencies of the State of Florida Coordinated By The Florida Sheriffs Association, Florida Association of Counties & Florida Fire Chiefs' Association FA~U x VEHICLE: Impala (1WB19) Unpala(1WB19) Impala(1WB19) Impala(1WB19) DEALER: Garber Chevrolet, Buick, Garber Chevrolet, Buick, Garber Chevrolet, Buick, Garber Chevrolet, Buick, Pontiac &GMC Trucks, Pontiac &GMC Trucks, Pontiac &GMC Trucks, Pontiac &GMC Trucks, Inc. Ina Inc. Inc. ZONE: Western Northern Central Southern BASE PRICE: $15,926.00 $15,926.00 $15,926.00 "~ $15,926.00 Order Code Delete Op#ions All Zones Cruise control NA '~ ': ABS brakes NA On-Star NA Satellite radio NA ''. Order Code Add Options LS41 ~ Engine upgrade -specify LZG 1 Engine upgrade - speci#'y P27 ~ ' Fard Taurus - AWD I WC 19 1 'Vehicle upgrade package -specify APS t Remote start system 'Floor mats, front and rear Side air protection AM/FM radio with single CD TK 1 ', Third key .~ ', Keyless entry '' Vent visors -stick-on style '~ Rainshields -flange style '~ Full size spare tire and rim i Pin stripes/door edge guard B86 1 ;Body side mouldings +~' Class III hitch and rec. draw bar with 2"ball, dealer installed N 1 'Nitrogen filled tires including spare fire Daytime running lights Immobilize daytime running lights CAVP 1 ;Code 3: Administrative Vehicle Package -See Emergency Vehicle Lighting Specifications {Part D) FAVP t :Federal Signal: Administrative Vehicle Package -See Emergency Vehicle Lighting Specifications ~~ D) SAVP 1 ;Signal: Administrative Vehicle Package -See Emergency Vehicle Lighting Specifications (Part D) WAVP 1 ~ Whelerl: Administrative Vehicle Package -See Emergency Lighting Specifications (Part D) Rear deck halogen warning lights -red and or blue flashing Rear deck strobe warning lights -red and or blue flashing ~', Rear deck LED, GEN 3 minimum, warning lights -LED lights may be blue, red, amber or any ', combination -specify color All Zones $6,980.001" ', $4,360.001. I NAl I $4,360.001 ''', $225.001' Incl. Incl. '' Incl. ', $78.001;. Incl. $96.00 ; NA I. $375.00 { $96.00 $100.001,'. $310.00 ', $96.001 Incl. $210.00 $1,77b.001 j, NAl NAl', $1,636.001', NA ', $380.00 ' $340.00 Bad Award Announcement (07-15-0827) 135 VEHICLE: DEALER: ZONE: BASE PRICE: DSM i MG1 VG ~ Impala(1WB19) Impala(1WB19} Impala(1WB19} Impala(1WBI9) Garber Chevrolet, Buick, Garber Chevrolet, Buick, Garber Chevrolet, Buick, Garber Chevrolet, Buick, Pontiac &GMC Trucks, Pontiac &GMC Trucks, Pontiac &GMC Trucks, Pontiac &GMC Trucks, Inc. Inc. Inc. Inc. Western Northern Central Southern $15,926.00 $15,926.40 $15,926.00 $15,926.00 Corner Strobe Kits--Code 3 Kit with 4 clear tubes, PSE460 power supply, 2-15' cables, 2-30' cables Corner Strobe Kits -Code 3 Kit with 6 clear tubes, PSE690 power supply, 2-15' cables, 2-30' cables Complete set of shop manuals ONLY Warranty -Specify MA.70R GU~tRD 5/75 1 Warranty -Specify vAl UE GU~IRD 5/75 ~ Warranty -Specify Chevrolet Impala Admin. Pkg. $15,926. Third Key 78. Vent Visors 9S. Body side Moldings 100. 5175 Extended Warranty 1,1op. Total: $77,310. $406.00 , $446.00 $525.00t' '! $1,110.00: $950.00 ~ NA Bid Award Announcement (07-YS-082?) Y3? MEMORANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: August 12, 2008 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 APPEAL OF HISTORIC PRESERVATION BOARD DECISION/36 S.E. 1ST AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of an appeal of the Historic Preservation Board's (HPB) decision made on March 6, 2008. The HPB denied the Certificate of Appropriateness (COA), Class V Site Plan Application, and associated waiver and variance requests for the new construction of a two-story office building located at 36 SE 1St Avenue based upon a failure to make findings that the request was consistent with the Comprehensive Plan and met the criteria set forth in the LDRs, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. BACKGROUND On March 6, 2008, the Historic Preservation Board (HPB) considered a Certificate of Appropriateness (COA), Class V Site Plan Application for the construction of a new, 10,739 square foot two-story office building located at 36 SE 1St Avenue, within the Old School Square Historic District. The first floor contains 5,952 square feet (487 square feet of office-use related space and 5,465 square feet of covered parking containing 14 parking spaces), and the second floor contains 4,787 square feet of office space. The proposal also requested a total of four (4) variances to the lot coverage (from 40% to 68.3%), the side street setback (from 15' to 2'2"), the side interior setback (from 7'6" to 4' 10"), and the front setback (from 25' to 5'). In addition, there were three (3) waiver requests. The first request was to LDR Section 4.6.9(D)(4)(d), which requires that two-way traffic flow be used when perpendicular parking spaces are proposed and aone-way traffic flow system is provided. The second waiver request was to LDR Section 4.6.14(A)(1), which requires a twenty foot (20') sight triangle on both sides of an accessway (exits from covered parking), while 5'6" is proposed. The third waiver request was to LDR Section 4.6.14(A)(2), which requires a forty foot (40') sight triangle at the E/W Alleyway and SE 1st Avenue, while 15' 4" is proposed. The HPB denied the development proposal, and its associated variance and waiver requests on a 5-0 vote (one member abstained). A complete analysis of the proposal is found in the attached Historic Preservation Board Staff Report of March 6, 2008. It is noted that an LDR Amendment was initially submitted which proposed to include the subject property with those within the OSSHAD zoning district which are subject to the CBD (Central Business District) permitted uses and development standards. However, the City Commission directed Staff to work with the applicant to find alternatives to the amendment during its review of the request on First Reading (October 2, 2007). The processing of waivers and variances to the current OSSHAD regulations associated with this proposal were requested as a means of maintaining the OSSHAD regulations on the property. Further, this alternative would avoid the possibility of the more liberal CBD requirements being utilized for future development if the current development proposal was not to occur. The Second Reading for this original request has been postponed until the September 3, 2008 City Commission meeting, pending resolution of the subject appeal. REVIEW BY OTHERS The HPB followed the established quasi-judicial procedures in considering the project. The applicant offered testimony in support of the development proposal. The HPB took testimony from members of the public who spoke both for and against the project. APPEAL On March 18, 2008, Michael S. Weiner, of Weiner, Aronson, and Mankoff, submitted an appeal of the Historic Preservation Board's action of the subject property. The basis of the appeal is that the HPB "failed to apply the ordinances of the City to the decision correctly", and "failed to rule in favor of the appellant." The appeal request was initially scheduled for City Commission consideration on May 6, 2008. However, the applicant requested a continuation given concerns over issues related to the ability of the City Commission to consider appeals of variance requests which are normally appealable to Circuit Court. At the City Commission meeting of August 5, 2008, Ordinance 28-08, which provided that variances acted upon by the HPB may be appealed to the City Commission rather than Circuit Court was approved retroactive to January 1, 2008. Therefore, the entire project including the variance requests may now be considered by the City Commission. The relief being sought is a reversal of the decision and the approval of the development application as presented to HPB at the March 6, 2008 meeting. RECOMMENDATION Staff supported the subject project and the associated relief requests, and continues to recommend approval. However, the recommended conditions of approval have been slightly revised as noted below. It is noted that no additional conditions have been added, while the previously noted condition referencing a necessary variance request associated with the potential lot of the structure to be relocated was removed, as it is not necessary to note this within the conditions of approval for the subject development proposal. Approve the appeal, thereby overturning the HPB denial, subject to the conditions as recommended in the attached Staff Report, amended as follows: 1. That sketches are provided of the proposed fencing and the decorative metal security gate on the east elevation. 2. That dimensions of the proposed signs are provided. 3. That elevations of the solid waste enclosure indicating height, gating and materials are provided. 4. That the height to the mean roof level is shown on the drawings. 5. That the five foot (5') right-of-way dedication for SE 1st Avenue is accepted by the City Commission prior to site plan certification. 6. That the two foot (2') right-of-way dedication for the alley is accepted by the City Commission prior to site plan certification. 7. That the Site Plan and Engineering Technical Comments noted in the Staff Report be addressed. 8. That the Landscape Technical Comments noted in the Staff Report be addressed. 9. That a COA application for relocating the house is submitted by the prospective owner and the application is approved by the HPB. lO.That the relocation application contain an application for individual listing, even if the new location is within a designated historic district. 11.That relocation does not take place until the permit for the redevelopment plans has been issued. 12.That a detailed statement is submitted with revised plans explaining how each of the aforementioned items has been addressed. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ON THE APPEAL FOR 36 SE 1ST AVENUE 1. This is an appeal of the March 6, 2008 decision by the Historic Preservation Board ("HPB"} denying the Certificate of Appropriateness and four (4} associated variances and recommending denial of three {3) related waivers for the new construction of a 10,739 square foot, two-story office building located at 36 SE 1st Avenue, which came before the City Commission at its meeting on August 19, 2008. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the denial of a Certificate of Appropriateness and four {4) associated variances and HPB's recommendation of denial of three (3) related waivers for the new construction of a 10,739 square foot, two-story office building located at 36 SE 1st Avenue. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsections I, II, lll, IV, V and VI. 3. The three (3) requested waivers and the appeal of the four (4) variances must be granted in order for the Certificate of Appropriateness (COA} to be approved as it is not possible to build the proposed project without approving all of the waivers and variances. Therefore, if you do not approve all three (3) waivers and variances contained in Subsections I and II, #hen you do not need to proceed to Subsections III, IV, V, and VI. I. WAIVERS. Pursuant to LDR Section 2.4.7(B}(5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} 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 1 (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. A. Maneuvering Area, Aisle Width, Space Width Pursuant to LDR Section 4.6.9{D){4)(d}, two-way traffic flow must be used when perpendicular parking spaces are used. A waiver to allow cone-way traffic flow system is requested. Should the applicant's waiver for cone-way traffic flow system be granted? Yes No B. Sight Visibility at EntrancelExit to Parking Lot Pursuant to LDR Section 4.6.14(A)(1 }, twenty foot (20'} sight triangle is required on both sides of an access way formed by the intersection of each side of the access way and the public right-of-way. The proposed sight triangles at the car park entrance and exit are five feet six inches {5'6") Should the applicant's waiver for 5'6" sight triangle be granted? Yes N o C. Sight Visibility at Intersection Pursuant to LDR Section 4.6.14(A}{2), a forty foot {40`} sight triangle is required at a corner formed by the intersection of two (2} or more public rights-ofi-way. The proposed sight triangle at the northeast corner of the property at the junction of SE 15~ Avenue and the alley is fifteen feet four inches {15'4"). Should the applicant's waiver. for 15'4" sight triangle at the intersec#ion of SE 1st Avenue and the alley be granted? Yes No IL VARIANCES: Pursuant to LDR Section 2.2.6(D)(6), the Historic Preservation Board (HPB) shall act in lieu of the Board of Adjustment and is empowered to grant variances from existing .ordinances fior properties designated as historic sites, within designated historic districts or listed in the Local Register of Historic Places: 2 Prior to granting a variance, HPB must make the following findings pursuant to LDR Section 2.~.7(A}{5): {a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning {the matter of economic hardship shall not constitute a basis for the granting of a variance); (b) That literal interpretation ofi the regulations would deprive the applicant ofi rights commonly enjoyed by other properties subject to the same zoning; {c) That the special conditions and circumstances have not resulted from actions of the applicant; {d) That granting the variance will not confer into the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance; (e} That the reasons set forth in the variance peti#ion justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and {f) That the granting of the variance will be in harmony with general purpose and intent of existing regulations will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Pursuant to LDR Section 4.5.1(J}(2), as an alternative to subsection {J)(1 }, a variance is necessary to accommodate an appropriate adaptive reuse of a s#ructure within a Historic District or upon a Historic Si#e through demonstrating that: {a} A variance would not be contrary to the public interest, safety, or welfare. (b} The variance would not significantly diminish the historic character of the Historic District or Site. (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. 3 A. Lot Coverage Pursuant to LDR Sectian 4.3.4(x), the maximum lot coverage for OSSHAD is 40%. A lot coverage of 68.3% is proposed. Should the applicant's appeal of the decision by HPB denying the applicant's variance regarding maximum lot coverage be granted? Yes No B. Front Setback Pursuant to LDR Section 4.3.4{K), the minimum required front setback for OSSHAD is 25'. A front setback of 5' is proposed (taking into account the 5' right-of-way dedication). Should the applicant's appeal of the decision by HPB denying the applicant's variance regarding minimum front setback be granted: Yes No C. Side Street Setback Pursuant to LDR Section 4.3.4(K}, the minimum required side street setback to the north adjacent to the alley is 15'. The proposed setback is 2'2". Should the applicant's appeal of the decision by HPB denying the applicant's variance regarding the minimum side street setback be granted? Yes No D. Side In#erior Setback Pursuant to LDR Section 4.3.4(x), the minimum required side interior setback to the south is 7.5'. The proposed setback is 4' 10". Should the applicant's appeal of the decision by HPB denying the applicant's variance regarding the minimum side interior setback be granted? Yes N o 4 III. LDR REQUIREMENTS: A. LDR Section 4.5.'[{E}{8}{a-k}, "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. (Please see Exhibit "A" attached hereto). Are these guidelines met? Yes No IV. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES: Have the overall objectives of the Delray Beach Historic Preservation Design Guidelines been met? Yes No V. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION: Have the overall objectives of the Secretary of the Interior's Standards for Rehabilitation been met? Yes N o VI. COMPREHENSIVE PLAN: A. Future Land Use MaplFuture Land Use Element Obiective A-7: Is the property developedlredeveloped so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs and is consistent with the Land Use Map? Yes N o B. Concurrence: Objective B-2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas. Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No 5 C. Consistency: Will the granting of the Certificate of Appropriateness be consistent with and further the goals and policies of the Comprehensive Plan? Yes No 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its fiindings 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 appeal {and thus the Historic Preservation Board denial remains in full force and effect) and associated waivers therewith hereby adopts this Order this day of August, 2008, by a vote of ATTEST: in favor and opposed. Rita Ellis, Mayor Chevelle Nubin City Clerk 6 (8} All improvements to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility shall be determined in terms of the following criteria: {a} Heiaht: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings. {b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and in direct relationship to the width of the building and to the height of the front elevation of other adjacent or adjoining buildings within a historic district. (c) Pro ortion of O enin s Windows and Doors : The openings of any building within a historic district shall be visually compatible with the openings exemplified by the prevailing historic architectural styles within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings within the district shall be visually compatible. {d} Rhythm of Solids to Vods,___Front ~acad__es: The relationship of solids to voids in the front facade of a building or structure will be visually compatible with the front facades of historic buildings or structures within the district. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible wi#h the relationship between historic sites, buildings, or structures within a historic district. {f) Rhythm of Entrance andlor Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with the prevalent architectural styles of entrances and porch projections on historic sites, buildings, and structures within a historic district. {g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building shall be visually compatible with the predominant materials used in the historic sites, buildings, and structures within a historic district. (h) Roof Shapes: The roof shape of a building or structure shall be visually compatible with the roof shape of a historic site, building, or structure within a historic district. EXHIBIT "A" ~i} Walls of Continuity: Appearances of a building or structure such as walls, wrought iron, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to insure visual compatibility of the building to historic buildings, structures, or sites to which it is visually related. (j} Scale of a Building: The size of a building, the building mass in relation to open spaces, windows, door openings, balconies, and porches shall be visually compatible with the building size and building masse of historic sites, buildings, and structures within a historic district. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures and sites in its directional character, whether vertical, horizontal, or nondirectional. EXHIBIT "A" HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 6, 2008 AGENDA ITEM: ILB. ITEM: Consideration of a Certificate of Appropriateness, Class V site plan, landscape plan, design elements, variance requests, and waiver reques#s for the canstructian of a two-story office building. 1 ~u + • ~ ~* ~~ GENERAL DATA: ~~ ,~~ Owner/Applicant;........................ Southern Development SeNices, Inc. Agent ................ ... Southern Development Location ............. ... 36 SE 'Est Avenue . ~' ...................... [ i Property Size .............................. 0.20 acres ~. Future Land Use Map ................ ~ Other Mixed Use (OMU} ! t Current Zoning ............................ Old School Square Historic i Arts District {OSSHAD} A -~ ~ A ~.j t ~ Adjacent Zonitig ................Nor#h: CBD East: GBD !..:; South: OSSHAD West: OSSHAD ~ Existing Land Use ............:......... Residential ~ '~ Proposed Land Use .................... Office/Commercial ; - ~~ Water SeNice ............................. Available on site ~ .; ' ~., Sewer SeNice ................ .. Available on site -, The action before the Board is that of approval of a~Certificate of Appropriateness that incorporates the toflowirtg aspects of the development proposal for 3fi SE 1St Avenue, "36 First", Old School Square Historic District, pursuant to LDR Section 2.4.5(F): • Relocation of Contributing Structure (to be processed as a separate COA}; • Class V Site Plan; Design Elements; • Waiver Requests; • Variance Requests, and; • Landscape Plan. The subject.. property consists of Town of Delray Lts 16 to 18 InclLess S 75 FtlBlk C9 (Old`Sck~ooi Square His#oric District) and is located ~on the w8st side of SE 1St Avenue approximately sevenfy~ feet (70') north of SE 1St Street. The property contains a coniributing .structure, which.:~ivas constructed c.1937. The one-story building is of wood,frarne construction and has a floor area of 767 square feet with an unenciosed carport of 158 square fget. The structure is in very good condition and retains original internat features such as wood paneling, in June, 2005; administrative approval was given ta. replace the roof shingles. . :Qn O~bttiiaee• 2; 2'007, the applicant appeared before City Commission to request that the property be~ subject to the standards of the Central Business District (CBD) caning District. Staff stated that.it would kie mare appropriate that the regulations for the OSSHAD be maintained for the property-arid ".any relief be sought accordingly. Staff established this position to avoid the possibility of a clevelojiirient proposal utilizing a taller building height allowance and also to avoid introiiucing incompatible uses.. . . The subject aisplication proposes to develop the property located at 36 SE 1St Avenue- by acNie'vitig the'following: Relocation of Cantributi~ig Structure . Thq existing woad frame structure is a arts-story, single family dwelling, which was' constructed c.1937. It is to~be relocated to 310 NE 1St Avenue in the Old School Square Historic District. New; Construction .The subject application involves construction of a 10,739 square foot, two-story office building. The first floor measures 5,952 square feet comprising a vestibule, stairs, elevator and electric roam (487 square feet allocated as nfrioe space) and 14 parking spaces (5,485 square feet). The second floor contains 4,787 square feet of office space. The ~trivo-story vernacular style building will be approximately 29.5'. in height to the mean roof Ievel. ' The east {frarit) artd~ west (rear) elevations are: fifty feet {50`) wide. The east elevation contains a projecting bay for the entrance from SE 1St Avenue. The west elevation contains three, seven foot 36 3E 1" Avenue, 36 f=irst; 2048-Ofz4-5P~-l-IC'E:3-CL5 H1~f3 Meeting [March 6, 2408 Page 2 of 24 eight inch (7` $") square decorative metal security grilles which supply ventila#ion to the first floor parking area. The south elevation measures 125' 4" Inng and contains an open vi~alkway for office access at second floor level. The north elevation measures 121' 8" long and contains three projecting bays with four, 7' 8" square decorative meta! security grills that provide ventilation to the first floor parking area. Between the.projecting bays are the entrance and exit to the parking area. The exterior contains the following details: Wall finish -First #]nnr. smooth stucco, Moon Shadow Second floor: stucco siding with smooth stucco to projecting bays, Natural Elements; + Windows -single hung, aluminum frame, impact resistant, two-aver-two configuration, White; • Doors --aluminum frame, White; • ~ Roof -Standing seam aluminum, Mill Finish; Shutters --Aluminum, decorative, Gettysburg Gray; + Trim/fascia _ Wvod, White; • Guardrail -Aluminum, Gettysburg Gray; + Security Grills -- Decorative Metal, Gettysburg Gray. ~:Wmw~:tgtv4~..w~ i~ri 1 ~t LgNU UtYt[.UNIVfINT R~C~rUI_14TIONS: - ftems identitied~~in tfie nand DevElopment.Regufatiorrs sflafl specifcally be addressed kiy-tEie body.. taking final-action on ttae sfte~and developmen# applicationfrequest. tDR.Sectioit2.4.5 F 5 - Com atibili Site Pfah Findin s :The approving body must make a finding that development af~.the.:property purserant to the site plan will be corrtpatibfe. and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause subs#antial depreciation of property values. SE11BM1SSfCN REQUIREMENTS -Standard Plan f#ecns Pursuant to LDft Section 2.4.3(B}{15}, the location of any buffers, fencing, walls must be indicated. A sketch of the type of such feature shall be provided. Sketches must be provided of the .proposed fencing and the decorative metal security. gate on the east elevation. This has been.attach~ed as:a condition of approval. Pursuant to LDR Section 2,4.3(B){1B}, the location of proposed signing with an indication of proposed height and dimensions is required. Note: Sign approval is not a part of a site. plan approval). The location of the proposed signage has been indicated; however, dimensions are required. This has been attached as a condition of approval. Rursuant to LDR Section x.4.3{B}{18}, the proposed location far solid waste disposal facilities should be noted, with a Hate or detail provided identifying the height of required enclosures, the type of gating, and the type of materials to be used fior the enclosvre_ Elevations of the enclosure indicating height, gating and materials must be submitted. This has been attached as a condition of approval. The above Hated requirements are listed under "'t'echnical Items" and included as part of the Board's direction. 3£z SE '['`Avenue, 3fi first; 2008-[1~4-SPF-I-EPB-Cif NPB Meeting March S, 2008 Page 3 of 2Q LDR Section 4.3.4(x] Development Standards Matrix -- Old School Square Historic Arts District (4SSHAD] Zoning: . The fallowing table compares the proposal with the OSSHAD Zoning district requiremen#s of LDR Section 4.3.4(K}: Allowed/ proposed Required Maximum Lot Coverage Maximum Building HeicLht Minimum Building Setbacks 1=ront-East Side Street-forth Side interior-South 40% 35' r}5r .,15, 7' 6" 67.2%' 29.5, 2 ~, ,~ nn 3 2' 2'" ~ ~, .~ ~n 5 Rear-West 9g' 93' 7"/4" 9 Variance requested. 2 Scated. 3 Variance requested. A Variance requested. 5 Variance requested LDR Section 4.3.4(.1}-Height The LDRs define height as the verkicai distance from grade to the highest finished roof surFace ofi a flat roof or to the mean level.betweert tis beams and ridge for gable, hip, or gambrei~ roi~fs. The height to the mean level has not been indicated. The height to the mean level must be shown an~ the drawings. This has been attached as a condition of approval. 4:4.24: Old School Square Histoirec Arts i]istric~E Zoning Regulations Purpose and Intent The Old School Square Historic Arts District (OSSHAD} is a mixed use district which is intended to: 9. Prgvide for mixed uses of residential, office, and comrrtercial activities, with an emphasis on the arts, that will encourage tine restoration or preservation of historic structures and; yet, maintain and enhance the historic and pedestrian scale of the area; . 2. Stimulate greater awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of "Old 17elray Beach' ; 3. Improve the environments! quality and overall livability of this Historic District and stabilize and improve property value therein. and; -4. Allow uses which promote preservation and adaptive reuse of all structures within the District. Tlie subject application meets the purpose and intent of numbers 9 and 3 above as an offce building is being proposed, which will contribute to improving and stabilizing property values. There is same concern over ti7e proposed relocation of the existing contributing structure as this does not rr7eet the purpose and intent of numbers 2 and 4 above. The proposed relocation is further analyzed below under section "LDR Section 4.5.9 Historic Preservation Sites and District Analysis". . Parking Pursuant to LDR Section 4.4.24(G}(4}{ay, all non-residential uses, with the exception of restaurants, shall provide one parking space per 30b sq. ft. of total new or existing floor area being converted to non_residential use. The proposed development has 5,274 square feet of office space 3f~ SE 1'~A~enue. 36 First; 2008-064-SPF-tiPE3-CL5 HPB ~1leefing March 6, 2008 Page 4 of 20 therefore 18 spaces are required. The parking area on the first floor contains 14 spaces. Four {4) spaces have also been purchased at the Federspiel Parking Garage. The request to purchase the 4 spaces was approved by City Commission on February 5, 2008, therefore this requirement sal the LDRs has been met. Pursuant to LDR Section 4.6.9(E}(2} new parking spaces constructed in the right-af way adjacent to the property may be issued credit towards required parking. In addition to the above parking spaces, one new on-street parallel parking space has been provided. RIGHTS OF WAY -DSMG (Development Services Management Group} At its meeting of February 8, 2007, the DSMG made the following determinations: SE 1 ~` Avenue Pursuant to LDR Section 5.3.'I(D)(2} and the Transportation Element of the City's comprehensive plan, the ultimate right-ofrway .width for a local street is 60' while only 40' of right-of-way Curren#ly exists for SE 1~ Avenue. For existing streets, the City t=ngineer, upon a favorable recommends#ian from the Development Management Services Group (DSMG), may grant reductions in right-of-way width. The City Engineer and DSMG have determined That a reduction in right-of--way width to fifty feet {50') would be appropriate~for this portion of SE 15t Avenue. Therefore, a ded'tcation.af five feet (5') of.right-af--way is required and has been depicted on the proposed development plans, The dedication must be accepted by the City Commission. This requirement has been added as a condition of approval. AIA ley Pursuant to LDR Section 5.3.1(©}(2), the required width of an alley is iwenty feet- (2f?`} or the existing dominant width. The City Engineer and DSMG have determined that the subject development shall provide two feet {2') of new alley right of way, or half the width of the additional four feet {~'} needed to irr:prove the alley to twenty feet {20'}. Therefore, a dedication of two feet {2') of right-of--way is required and has been depicted on the proposed development plans. The dedication must be accepted by the City Commission. 'his requirement has been added as a condition of approval. The right of way dedications shall be made prior to site plan certification for an approved development proposal. Technical Items: The Preliminary Engineering Technical Cornrnents are as fogows~and tliust' either be addressed prior to approvat of the application or certification of approved plans: 1. Provide copy of certified boundary and topographic survey meeting requirements of LDR Section 2.4.3 {A), {B} and (D). F~dsting grades should be taken approximately 'l0-feet outside all subject property fines for ail adjacent properties. ~ Survey.shall provide sufficient lots}rrnatian to determine historical drainage pattern. Survey needs to be completed rivithin the last 6 months per LDR 2.4.3 (B){20}. 2. The survey site plan, landscaping plan and preliminary engineering plan shall be at the same scale per LDR Section; 2:4.3 (B) (1}, All plans shall be drawn on 24" x 36" sheets and at a scale of 1" = 10', T' x 20' ar 1" x 30R, unless approved by the City Engineer. 3. Provide existing elevations on existing roadway including edge of pavement and center line. 4. Provide finished floor elevation. ff finished floor elevation is less than ~18-inches above centerline of adjacent road a cer#ification is required from a professional registered engineer stating that the property has adequate drainage to ensure that flooding will not occur in a 1 U0-year storm event_ CDR Section 7.1.3 (B} {2). 36 5E 1"` Avenue, 36 First: 2008-0G4-SPF-F~PB-CL5 F1PB t~eetir~g Uiarch 6, 2006 Face 5 of 2Q 5. Site is required to retain 5 year 1 hour storm (3.2"} in addition to meeting water quality criteria {1"). Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. See I_DR Section 2.4.3 (D} (4) and {7). 6. Indicate 5-foot right-of way dedication for sidewalk along SE 1 ~ Avenue. 7. Indicate 2-foot righ# of--way dedication in alley. 8. Exter3d sidewalk brick pavers to right-of-way line in alley. Brick pavers to match those used by property (parking garage} north of site. S. Clearly indicate limits of right of way and center line of the right-of-way of any adjacent streets per L©R Section 2.4.3 {B} (5). 10. Show nearest existing fire hydrants and add any necessary hydrants per fre department requirements. 11. Provide location of existing water service on engineering plans. Use as-builtsfor property {parking garage} north of site to tie into existing 8-inch water main an SE 15t Avenue. Please make arrangements .ta pick-up as-builts from ESD, Engineering Department. 12. Provide separate tap for water, fire and irrigation lines. 13. Provide more information on proposed plans to drain into City drainage system on SE 1Sr Avenue. Only an underground system with ttie appropriate control structure will be allowed. 14. Rrovide 12-foot exclusive sewer easerrtent over sewer mains. 1'5. Indicate typical configuration and location of proposed sewer seivices with cleanvuts. - A clea~iout will be required on. the existing sewer service at a maximum distance of 18-inches from the right-of--way line andlar easement line. 16. Provide vn the detail sheet City of Delray Beach Standard Detail WW 4.1, WW 5.1 or 5.2 (which ever is applicable}. 17. Provide the following node on both the Engineering Plans and the Landscape Plaris that, "any trees .or shrubs placed within water, sewer or drainage easements shall cahforrrr to the City of Delray Beach Standard Details; LD 1.1 & I-D 1.2." These Details are to be shown on the Landscape Plans. 1 S. Show and clearly lobe! all easements on Landscape and Engineering Plans. 19. No proposed. improvements, buildings or any kind of construction can be placed on or within any sanitary sewer easements. 2Q. Na proposed structures shack be installed within a horizontal distance of 1Q feet from any existing or proposed~sanitary sewer facilities. 21..Developer to ensure that no .landscaping is planted over any exfiltration trenches. 22. A minimum 10-feet general utility easement is to be provided through the property for all other utilltieS except Water, Sewer and drainage. 36 SE 1`tAven~e, 36 l=ust; 28p8-[384-5°i"-I-{PB-CLS HP8 Meeting Parch 6, 20p8 Pane 6 ofi 2p 23. Provide signed and sealed calculations indicating current and proposed estimated flows into existing or proposed lift station and force main. Obtain approval from Deputy Director of Public Eltilities that City's system has sufficient capacity to treat propased flows. The applicant has submitted three (3) waiver requests to the requirements of the Land ©evelopment Regulations. Pursuant to LDR Section 2.4.7{B){;:), prior to granting a waiver, the approving body shall rriake a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b} Shad not sign~cantly 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 far another applicant or owner. Maneuvering Area,.Aisie Width, Space Wid#h Pursuant to LDR Section 4.6.9(D){4){d), two-way traffic flow must tae used when perpendicular: "parking spaces are used. A waiver to allow none-way traffic flow system is requested. The applicant has provided the following statement in support of said request: "!rt order to keep traffic circulation within the small bulldln~ footprint better organizeal, and in order fo achieve 6etfer accesslbi!!fy fo fhe parking spaces, we request that a one ~vay traffic flouu be a!lawed at this parking lot. Due to fhe fact that the 6ullding users are going to be familiar. with the access to these private parking spaces, we fee! that this viiaiver is jusflfred''. As four tit. the required spaces are. off site, there will be a tower volume of traffic than normal for art office of this size. Also the parking spaces are private and wilt only be used by office staff familiar Vtirith the Payout. The- layout of the parking otherwise satisfies the requirements of tiie LDRs, therefote positive findings can be made, pursuant to LDR Section 2.4.7{B)(5){a}-(d). Viaitiility at Intersec#ions Pursuant to LDR Section 4.6.'t4{A){7), a twenty foot {20') sight triangle is required on both sides of an~ accessway formed by the~intersection of each side of the~accessway and the public right-of way. _ The proposed sight triangles at the car-park entrance and exit are flue feet six inches (b" 6"). Far' this reason, the applicant Ps requesting relief from the subject LDR and has provided the following statement in support of said request: "Due to the fact that a low volume of traffic occurs in the area, the fee! that ttie reduction as within reason. A similar waiver has been approved an the neighboring property to the north". The reduction in the sight triangles is within reason due to the low volume of traffic expected in the garage, which will be used by office staff only, and as the exi# opens an to an alley with a five foot (~'} sidewalk with no on-street parking. Therefore ositive findin s can be made, pursuant to LDR Section 2.4.7(8}(5){a)-(d). Pursuant to LDR Section 4.6.94(A){2), a forty foot (40') sight triangle is required at a comer formed by file intersection of two (2} or more public rights-of--way. The proposed sight triangle at the northeast corner of the properly at the junction of SE 96t Avenge and the altey,is fifteen feet four 33 SE 1~`A~enue, 3fi First; 2£]C~8-©64-5['F-F!r'B-CL5 ~iFB Meeting ~1larcf~ G, 20E38 I'aae 7' of 2Q inches (15` 4"). For this reason, the applicant is requesting relief from the subject LDR and has provided the fallowing statement in support of said request: "L~ue to the fact that a low volume of Traffic occurs in the area, we feel that the reduction is . within reason. A similar waiver has been approved on the neighboring property to fhe north"_ The reduction in the sight triangles is within reason due to the low volume of traffic expected, which will not create an unsafe situation or adversely affect the neighboring area. The intersection~is controlled with a stop sign. Therefore positive- findings- can- be -made pursuant to LDR Section 2.4.7(8}(5}{a)~{d}. The applicant has submitted four {4) variance requests to the requirements of the Land Development Regulations. Pursuant to LDR Section 2.2.6(I?](#3], the Historic Preservation Board {HPB) shall act in lieu. of the Board of Adjustment and is empowered to grant variances from existing ordinances far properties designated as historic sites, within designated historic districts or listed in the Local Register of Historic Places- Prior to granting a variance, HPB must make the following findings pursuant to LDR Sec#inn 2.4.i(~4}(5): (a) That speciaE'C.onditions and circumstances exist which are peculiar to the land, structure, or building. involved and, which are not generally applicable ~ to other lands, structures, or buildings subject ~to the same zoning (The matter of economic hardship shall not constitute a basis for the gran#ng of.a variance); .. . (b) That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; (c} That the special conditions and circumstances have. not resulted from actions of the applicant; (d} That granting the variance will not confer into the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, noc nonconforrrming use,'of neighborhood lands, structures,~or buildings under the same zoning shall be considered grounds far the issuance of a variance, (e} That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and, (f) That the granting of the variance wilt be in harmony with general purpose and intent of existing regula#ions will not be injurious to the ~neighbarhaad, or otherwise detriEnental to the public welfare. Pursuant to LDR Sectiar~ 4.5.'1(.f}(2], as an alternative to subsection (J){1 }, a variance is necessary #o accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: {2) That a variance is necessary to maintain the historic character of property through demonstrating that: 36 SE 1$' Avenue, 38 First; 200&OG4-Si'E-hiPF3-GL5 HPB Meeting fvlarcti 6, 2008 Pace 8 0(20 (a) A variance would not be contrary to the public interest, safety, ar welfare. (ti) The variance would not significantly diminish the historic character of the Histaric pistrict ar Site. (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. Lot Covers e Pursuant to LDR Section ~4.3.4(K), the maximum !ot coverage for OSSHAD is 40%. A lot coverage of 68.3% is proposed. Far this reason, the applicant is requesting relief from the subject LDR and has provided the following statement in support of said request: "T"here is no set Iof coverage for CBD. All existing and proposed CBD-zoned neighboring properties along SE ~S~ Sfreet (Avenue}, including the City Public Parking structure and Worthing Place have close fo 80% lot coverage. The proposed lot coverage is compatible wifh surrounding properties. This proposed project, however, still compiles with the 25°fo minimum non-vehicular~open space requirement". ~Tlie variance request is based on the location of the lot, which is adjacent to lots zoned CBD, and also redevelopment that has occurred in the immediate vicinity; therefore special conditions and circui=nstarices exist which are peculiar to the land. Granting the variance would not be contrary to the public interest, safety, or welfare. The ~ variance would not significantly diminish the historic character of the Histaric District as the proposed development still complies with the 25%~ minimum non-vehicular open space requirement. The proposal provides 31% non-vehicular open space, which is more than other recently approved developments in the Historic district and more in keeping with the open space provided historically. The. variance requested is the- minimum necessary to effect the adaptive reuse of the site. Therefore positive #indings,,,,can,,,be,made, pursuant to LDR Sections 2.4.7(A)(5){a-f) and 4.5.1(.l)(2)(a~(c). Franc Setback Pursuant to LD:R Section 4.3.4(K), the~minimum required front setback far OSSHAD is ~25'. A front setback of 5' is proposed (taking into account the 5' right-of way dedication). Far this reason; the applicant is requesting relief from the subject LDR and has provided the following statement in support of said request: "Decrease the 25' required front setback for C3SSHAD to 5' min. and 90' maximum set back; as per CBD regulations. The proposed setback will be compatible wifh most existing and proposed buildings on the CBD zoned parcels along 5F 99f Avenue, including the City Public Parking Garages Worthing Place, and the.recenfly approved Block G9 Office Building'. The variance request is based on the location of the lot, which is adjacent to lots zoned CBD, and also~redeve[opment that has occurred in the immediate vicinity; therefore special conditions and circumstances exist which are peculiar to the land. Granting the variance wou[d not be contrary to the public interest, safety, or welfare. The variance would not significantly diminish the historic character o€ this section of the Historic District as recent development approvals in the adjoining CBD overlay in the historic district fiave similar front setbacks. Granting this request would align the proposed offce building with the other recently approved structures. The variance requested is the minimum necessary to effect the adaptive reuse of the site. Therefore asitive findin s 'can be made, pursuant to I*DR Sections 2.4.7(A)(5){a-f) and 4.5.1{J)(2){a)-(c). 3s SE;1"Avenue, 38 Pirst: 2oQ8-OFi~-SPF-i-IPB-GL5 HPB Meeting March 6, 20U8 Pace 9 of 20 Sine Street Setback .Pursuant to LDR Section 4.3.4{fC~, the minimum required side street se#back #o the north adjacent to the .alley is 15'. 'The proposed setback is 2' 2". For this reason, the applicant is requesting relief from the subject LDR and has provided the following statement in support of said request: "The smaller setback is compatible with CBD side setback requiremenfs. In addiflon, a 20' wide alley right of way will buffer the proposed building wi#h fhe previously approved building to the north. A#l existing and proposed CBD-zoned structures along SB 1~ Street (Avenue) have a 0' interior side set back requirement". The variance request is based an the location of the lot, which is adjacent to Lots zoned CBD, and -also redevelopment that has occurred in the immediate vicinity; #herefors special conditions and circumstances exist which are peculiar to the fond. Granting the variance would not be contrary to the public interest, safety, or welfare. The variance would not significantly diminish the historic character of this section of file Historic District as previously approved developments have smaller setbacks, and the 20' wide alley will .provide space betrnreen the proposed structure and the si#e to the north. The variance requested is the minimum necessary to effect the adaptive reuse of the site. Therefore tositive fmdings can be made, pursuant to LDR Sections2.4.7(A){5)(a-f} and 4.5.1(J)(2}(a}-(c). Side interior Setlaack Pursuant to LDR Sec#ion 4.3.4(x), the minimum required side interior setback to the south is 7.5'. The proposed setback is 4' 10". For this reason, the applicant is requesting relief from the subject LDR and has provided the following statement in support of said request: °The smaller. setback is compatible with CBD side setback requirements; while allowing space for light and ventilation arf the structure. Ali existing and proposed CBD-zoned structures along ~SE 9~ Street (Avenue) have a 0' Interior side setback requirement". The variance request is based on the location of the lot, which is adjacent to lots zoned CAD, and also redevelopment that has occurred in the immediate vicinity; therefore special conditions.'and circumstances exist which are peculiar to the land. Granting the variance would not be contrary to the~.public.lnterest, safety, or.welfare. The variance would not significantly further diminish the historic character of this section of the Historic District as previously approved developments have smaller sekbaclcs. The variance requested is the minimum necessary to effect the adaptive reuse of the site. Therefore positive findings can be made, pursuant to LDR Sections 2.4.7(A}(5)(a-f) and 4.5.1 (J}{2}(a)-(c). The following landscape technical items and notes remain outstanding and need to be addressed: (1) Please consider eliminating the sod on the west side of the building. {2) Additional ground covers and a mulched path will facilitate future maintenance. 36 SE 151 Avertuo, 3fi first; 2t3Q8-06~-SPF-f-IPB-CL5 f-~Pf3 r~lee#ir~g rJlarch s, coos Paae '(~ of 20 LDR Section 2.4.6(H} -Certificate of Aparo~iriateness: Pursuant to LDR Sec#ion 2.4.6{H){~, the Board rr~ust make a finding• that any Certificate of Appropriateness Virhicl2 is to Ibe approved is consistent with .Historic Preservation purposes pursuant to Objective A-4 of the Future LancE Use Element of the Comprehensive Plan ancf specifically with the provisions of LDR Section 4.5.1. Future ,Land- Ilse Element Objective A-4: The redevelopment of land and buildings shall provide far the preservation of hisfarlc resources. The objective shall be met through continued adherence to the Gify°s Historic Preservation Ordinance and the following policies: Future Land Use ~lemenf Policv A-4.9: Prior fa approval or recommending approval of any land use or devefopment application for property located within a hisforic district or designated as a historic life, the Hlsfarfc Preservation Board must make a frnding that .the requested action is consistent with the provisions of Section X1.5.1 of the Land Development Regulafions relating to historic sites and districts and the "Delray Beach Historic Preservation Design Guidelines': Relocation Pursuant to LD'R Section 4.5.1{E){5),. relocation of historic buildings and. structures to other sites shall not take place artless it is shown that their preservation vn their existing yr original sites is not consistent with the purposes of this .Section ar would cause undue economic hardship tv the property owner. The existing structure vrt the site is a contributing structure to the Old School Square Historic District; however, its historic setting has been drastically and irreversibly comprorrtised by. recent ,approvals for the construction of a new fvu~ story parking garage, the Block 69 Office Building and the Worthing Place residential project. 1`urther, the contributing structure on the. property to the north was demolished and replaced. with a parking lot due to the irreparable structural damage caused by water ingress and neglect. While relocating a historic structure is preferable to demolition, relocation typically has a negative impact on historic districts_ In this particular case, however, the historic character of the block has been lost. Although rto dacUmentation or fnancial disclosures have been submitted, the applicant has stated the fallowing with regard to economic hardship: "There is now undue economic hardship to the property owner because as a residence it has decreased in value and is less desirable fo live in due to the additions of fhose buildings mentioned in A above". {The additions referred to are the parking garage, Block 69, and Worthing Place). Relocating the house will preserve it for the future and the applicant appears to have found a new site for it at 310 NE 1~ Av~:nue in the Old School Square Historic District. Mr. Jahn Hock has submitted a letter stating he would like to relocate the structure and utilize it as a gues# house at his property at 31 Q NE 15~ Avenue. if approval is given for the relocation of the house, the following conditions of approval must be met: (1) A GOA application for relocating the house must be submitted by the prospective owner and the application must be approved by the HPB.. . 3S SE 1`t Avenue, 35 First; 2Dt}S-Q64-SPF-t°fPB-GL5 HPB Meeting March 6, 2Dd8 Page 11 of 20 {2) Pursuant to LDR Section ~4.3.3(C~}(2), a guest cottage shall not occupy more than 1{20~' of the lot area and cn no case shall exceed a floor area of 700 square feet. The structure has a total floor area of 767 square feet with an unenclased carport of 158 square feet. A waiver request for relief from this section of the LDRs will be required. {3} The house must be moved to an appropriate location such as a historic district. If the house is moved to a location outside a historic district, an application should be submitted for individual listing for its future protection. {4) Relocation does not take place until the permit for the redevelopment plans has been issued. LDR Sections 4.5.'I(E}(~#, 7 and 8), "Development Standards" provides regulations in evaluating Certificates of Appropriateness. {4} A historic site, or building, structure, site, improvemnnf, or appurtenance virifhin a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise ctranged in accordance with the Secrefary of fhe interior`s Standards for Rehabilifafion. as~ amendedfrom fiine to fime. The applicable Standards are as follows: New addifions, exterior alferafions, or related new construction shat! not destroy historic rrraterials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architecfuraf features to protect ~th~e historic integrity of the property and its environment {Standard 9) New addifions and adjacent or related new construction shall be undertaken in such a manner ~fhaf if removed in the future, fhe essential form and integrity of the historic properly and ifs environmerif would be unimpaired.. {Standard 14} ` 't'he overall design of the proposed structure is compatible with the Old School Square Historic District but is clearly differentiated frai•rr the historic building stack through the ase of modern materials such as the standing seam metal roof, aluminum windows, and decorative aluminum shutters. The proposed structure is compatible in terms of massing, size, and scale as it is a tuvo- stary structure~appraximate[y 29.5'~high and has a frontage of 50'_ The north and south facades are conger, measuring 121' 8" and 925' 4" respectively; however, their massing- has been reduced. The north elevation massing is reduced by the projecting bays, the openings rivith metal grills and tli'e parking lot entrance and exit. The south elevation massing is.reduced by the protecting bays, the openings with metal grills and the second floor extetis~r walkway. (7} The consfruction of new brrildirigs or structures, or the relocation, alteration, reconstruction, or rrrajar repair or maintenance of a non-contribufing building or structure within a designated historic district snap meef fhe same compatibility standards as any material change in the exterior appearance of an existing iron-confributirrg building. Any material change in the exterior appearance of any existing non-contributing building, structure, yr appurtenance in a designated historic districf shall be generally compafible with fhe form, proportion, mass, configuration, building material, texture, color, and location of hisforic buildings, structures, or sites adjoining or reasonably approximate to fhe non-contributing building, strucfure, or sife. As noted above, the proposed structure is generally compatible with the historic buildings in the 41d School Square Historic District. The proposal is generally compatible in terms c# form, proportion, mass, material, texture, color, and Location with the existing historic structures. . {8j All improvements to buildings, structures, and appurtenances shall be visually compatible. Visual compatibility shall be deterrrrined in terms of height, front fagade proportion, proportion of openings (windows and doors), rhythm of solids to voids on front facades, rhythm of buildings :, 38 8E i`` Buenos, 36 first; 2008-0645PF-FtPB-CL5 HPB Mewing March Fi; 200fJ Pace 12 of 20 on streets, rhythm of entrance and/or porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of building, direcfional expression of front elevation. The proposed structure is generally compatible with the historic building stoc[c in terms of height, front fagade proportion, proportion of openings {windows and doors}, rhythm of solids to voids on front facades, rhythm of buildings on streets; rhythm of entrance and/or porch projections, relationship- of materials, texture and color, roof shapes, walls of~continuity, scale of building, directional expression of front elevation. The Scale of the prbpased structure is larger than the historic building stock; however, this is most notable on the north and south facades and not the east (front) fagade. As stated above, the massing of the north and south facades has been successfully reduced. It should also be noted that the proposed structure is much smaller in scale than other recently approved structures on the block. Therefore, positive findings'can b~,_made with respect to the visual compatibility. The Deirav Beach Historic Preservation Design Guidelines suggests the following: In a historic dlsfrrct, consider the surrounding buildings and fhe compafibility of fhe addition in terms of size, scale, materials, mass and roof form. i41I new construction shoufd camplemenf the historic archifecfure of the disfrict Materials should be compafible in quality., color, #exture, finish, and dimension to those commonly found in fhe hisfotrc disfricf.. As stated above, the proposed structure is generally compatible with the surrounding buildings. Analysis . As.' illustrated throughout the analysis of the above noted review criteria, .the subject .development proposal is generally compatible with the historic building stock in the Old School Square.Historic district. The lot coverage and scale are greater than those found in the historic building stack; however, the applicant has requested a variance for the~greater lot coverage aril the scale~is~riot obvious from the front elevation and is smaller than other recently approved structures on the black. Based on the analysis above and provided throughout this section, positive findings can be .made with the respect to those noted LDRs in Section 4.5.1. Pursuant to Section 3.'1.1 (Required Findings); prior to the approval of develaprnett applications, certain findings must be macje in a form which ~is~part of the official record. This may be achieved #hra~ugh information on the application, the staff report, or minutes. Findings shall be made isy the body which nos the authority to-approve or deny the developrnerrt ap~iication. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or s#ructures must be allowed in the zone district and the zoning districf must be consistent with the land use designation. The subject property has a Future Land Use Map designation ~af Other Mixed Use (aMU} and a zoning designation of Old School Square Historic Arts District (OSSHAD}. The OSSHAD zoning district is consistent with the OMU Future Land Use Map designation. Pursuant to LDR Section 4.4.24(B}(3}, business, professional, medical, and governmental oftECes are permitted. Based upon the above, it is appropriate to make a positive finding.with respect to LDR Section 3.1.1(A}, Future Land Use Map Consistency. 36 SE ~"Avenue, 36 First; 20Q8-OG4-SPF-HP&CL5 HOB Meeting €Jlarc€~ 6, 2008 Wage '[3 0# 20 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. concurrency as defined pursuant to ObjectlVE &2 of the Future Land Use Element Of fhe Comprehensive Plan must be met and a determination made that the public facility needs of the regt~est+~d ~{and use andlor development application-will not exceed the ability of the City to fiund and provide, or to require the provision af, needed capital improvements in order to maintain the Levels af. Service Standards established in Table Cl-GOP-9 of the adapted Comprehensive Plan of the City of Delray Beach. . Tile development proposal is to relocate the existing residential unit and replace it with an office building. The afarementianed use will not have a negative impact with .respect to concurrency as they relate to traffcc, parks and recreation, solid waste, drainage or schools. Appendix A contains information with respect to the applicable concurrency items. Section 3.1..1 B - Concurrent As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and trafhc, drainage, parks and recreation, open space, solid waste, and schools. Sec#ion 3.1.1 C - Cartsistenc : Standards for Si#e:Plan.Ac#ions As described in Appendix B, a posi#ive fiinding of consisfency can be made as it relates to Standards for Site Plan Actions. Se~ctian 3.1,1 (D] - Cam~liance With the Land €?evelapcnent Regulations: As described under the Site Dian Analysis of this report; a osifive fndin of ~com liance.with the LDRs can be. made. COiMPREH~NSI~/E::PLAN PO lC1ES: Fuftire Land Use Element Objective A-1: Property shall 6e developed or redeveloped in a manner so that fhe future use and intensity . is appropriate and complies in ferms of soil, topographic, and other applicable physical considerations, is complimentary fo adjacent land uses, and fulfills remaining land use needs. As illustrated in the chart below, the abutting properties are all consistent with the~subject property with regard to coning designa#ion and are generally compatible with regard #o use. Therefore, positive findings can be made~with regard to Future Land Use Element Objective A-'l. ZOCf117p ~BS7Q11afiOn t,15e N°~h" (Central BusB ess ©istriet} Parking Lot South: OSSHAD Single Family Residential (Old School Square Historic Acts District) East: (Central. BusB ess District} Commercial West: OSSHAD Single Family Residential (01d School Square Historic Arts District) Future. Land Use t=lement Folic C-1.2 The City shalf work with the Community Redevelaprnent~ Agency (CRA) for fhe improvement of neighborhoods within fhe CRA boundaries. 3B S~ 1'`At~enve, 3~ ~irsi; 2og8-0~4-5E=F'-FiPB-CLb HPS Meeting March 6, 2008 Page 14 vi 2p A.. Continue v~rith direction. B. Move approval of the Certificate of Appropriateness, Class V site plan, landscape plant design ~elernents, waiver requests and variance requests for 36 SE BSc Ar-enue, 36 Firs#, Old ScFiaol Square Flis#oric Dis#ric#, by adopting the findings of fact and iaw contained in the stat'f report and Ending that the request is coi,sistent with the Comprehensive Pian arid meets:fhe criteria set for#h in the Land Development Regulations, the Delray Beach Historic Preser~ation~ Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subiect to the follovsiin conditions: ~. That sltetches are provided of the proposed fenang and the decorative matai security gate on the east elevation. 2. That dimensions af.the proposed signs are provided. 3. That elevations of tfie solid waste enclosure indicating Neigh#, gating and materials are provided. ~ . 4. That the height to the mean roof level is dimensioned and labeled on the drawings. 5. That the five foot (5'} right-of`way dedication for SE 9~ Avenue is accepted 13y the City Commission prior to site plan certification. 6. That the two foot (2'} right-ofi way dedication for the atley is accepted by the City Commission prior to site plan cert~cation. 7. That the Site Plan and Engineering Technical Comments noted in the Staff Report be addressed. 8. That the Landscape~Technical Comments noted in the Staff Report be addressed. 9. That a COA application for relocating the house is submitted by the prospective owner and the application is approved by the HPS. 70. That a waiver request for relie# from Section 4.3.3(Q}(2} of the L©Rs regarding the maximum permitted size of a guest~cattage (700 square #eet) is submitted by the prospective owner of the house. 3S SE 9`'`Avenue, 36 Fiat: 2G08-O~SAF-f-fPB-C~& HAS l~heeEing ~~iarch 6, 2008 Page 15 of 20 '# 1. That the house is relocated to an appropriate location such as a historic district or, if the house is moved to a location outside a historic district, an application is submitted by the prospective owner for individual listing. 12. That relocation does not take place until the permit for the redevelopment plans has been issued. 13. That a detailed statement is submitted with revised plans explaining how each of the aforementioned items has been addressed. By separate n~iotions: Sine Plan Approve the Certificate of Appropriateness, Class V site plan, and landscape plan, for 3S SE 1sc •AVehae, 36 First, Old School Sgeare Historic District; 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 i~reets the criteria set forth in the land Development Regulations, the Defray Beach Historic Preservation Design Guidelines, and the Secretary o$ the Interior's Standards for Rehabilitation, suliiect to the following conditions: 1. That dimensions of the proposed signs are provided. 2. That elevations of the solid waste enebsure indicating height, .gating and materials are provided. 3. That the height to the mean roof level is dimensioned and labeled on the drawings, 4. That the five foot {b'} right of-way dedication for SE 1~ Avenue is accepted by the City Commission prior to site plan certification. 5_ That the two foot {2') right=o€ way dedication for the alley is accepted by the City Commission prior•to site plan certification. B. That the Sits Plan and Engineering Technics! Comments noted in the Stafl' Report b~e addrESSed. 7. That the Landscape Technical Comments noted in the Staff Report be addressed. 8. That a COA application far relocating the house is submitted by the prospective owner and the application is approved by the HPB. 9. That a waiver request for relief from Section 4.3.3(Q){2} of the I_DRs regarding the rrtaximum permitted size of a guest cottage {XgO~square feet} is~ submitted by the prospective owner of the house. 1g. That the house is relocated to an appropriate location such as a historic district or, if the house is moved to a location outside a historic district, an application is submitted by the prospective owrier for individuallisting. ~11. That relocation does not take place until the permit for the redevelopment plans has been issued. 12. That a detailed statement is submitted with revised plans •explaining how each of ti?e aforemen#ioned items has been addressed. 35 SE '("f+~er~ue, 38 first: 2(H~8-ofi~~-~Pt=-HPB-C:L.S kiPt3 N4eafing March 6, 2{}08 Page 9B of 24 ' Design Elements Approve fhe proposed design elements associated with the Certificate of Appropriateness and Class V Site Plan for 3C SE 'i6t Avenue, 36 First, Old School Square Historic District, by adopting the ftndir~gs of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria se# forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to the fallowing condition: ' 1. That sketches are provided of the proposed fencing and the decorative metal security gate on the east elevation. Waiver Request Recommend approval to the City Commission for the waiver request to LDR Section 4.6.9(D}(4}{d}, to allow aone-way traffic circulation where a two-way traffic flow must be used when perpendicular parking spaces are used= based on the abilityr to make positive findings, pursuant to LDR Section Waiver Request Recornnzend approval to the City Commission for the waiver request to LDR Section, to LDR Section 4.6.14{A}{i), to allow sight triangles measured at 5' 6" where twenty foot (20') sight triangles are required an both sides of an accessway formed by the intersection of each side of the a~cce~ssway and the public right-of way, based on the ability to make positive findings, pursuant to LDR Section 2.4.7(8){5}(a)-{d}. Waiver Request Recommerid~approval to the Gity Commission for the waiver request to LDR Section .4.6.'14{A){2}, to allow sight triangles measured at 96' 4" where forty foot {4©'} sight triangles are required at a earner formed by the intersection of two {2) or mare public rights-of way, based on the atiility to make positive findings, pursuant to LDR Section 2.4.7(8}(5)(a}-(d}. Variance Request Approve the variance request to LDR Section 4.3.4(K}, to allow a lot coverage of 67.2% where the maximum lot coverage for OSSHAD is 40°J9, based on the ability to make positive findings, pursuant to LDR Sectians2.47(A}{5)[a=f) and 4.5.1{J)(2){a)-{c}. Variance Request Approve the variance request to LDR Section 4.3.4{K), to allow a reduced front yard setback of 5' 1 U" where the minimum required .front setback for OSSHAD is 25', based on ,the ability to make positive findings pursuant to LDR Sections 2.4.7{A}(5)(a f} and 4.5.1{J}{2){a}-{c}. Variance Request Approve the variance request to LDR Section 4.3.4{K}, to allow far a reduced side street setback of 2'•2" where the minimum required side street setback is 15', based on the ability to make positive findings, pursuant to LDR Sections 2.4.7[A}{5}{a-f) and 4.5.1{J){2}(a}[c). Variance Request Approve the variance request fo LDR Section 4.3.4(K}, to allow for a reduced side interior setback of 4' 10" where the minimum required side interior setback is 7.5', based an the ability #o make positive findings, pursuant to LDR Sections 2.4.7{A){5}{a fl and 4.5.7 {J}(2){a~{c). 36 SE 151Ar~enue, 3B 1=irsf; 2008-064-S~F-NPB-C~.S HPB fVleefing March 8, 2008 Page 17 of 20 Report prepared by: Warren Adams Attachments; • Survey • Site Plan Landscape Ptah • Elevafior-s • Existing Photos • Photos of Surrounding Properties • Streetscape • Rendering • Leifer from Mr. John Nock 36 SE 1'' Avenge, 3fi ['first; 20Q8-0e4-SPF-t°tPE3-C1.5 MPB Meeting rJlarctt fi, 2008 Page 4 8 of 20 Pursuant to Section 3.1.1 {B} Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and 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 following areas: Wafer and Sewer: • Water service exists via an 8" water main along SE 1 ~ Avenue. • Sewer service exists via an 8" sewer main slang SE 1~ Avenue, an 8" sewer main along the alley #a the north of the property, and an 8" sewer main to the rear of the property. . • Adequate fire suppression is provided via the 1'%re hydrant to the south of the property, slang SE 1 ~ Avenue. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Vllater Treatment i?font and the South Central County Waste Water Treatment Plant for the City at build out. Based upon the above, positive Endings can be made with respect to this Ceve1 of service standards. Draiinage: A preliminary drainage plan has been submitted. There should be no impact on drainage as it relates #o this level of service standard. Stre~e'ts and Traffic: The sufsject property is locoted within the TGEA, which, pursuant to the City's CompreEensive Plan, exempts development proposals from submitting a traffic study. However, a traffic statement was submitted which indicates that the proposed development will result in an increase of seventeen {17} am peak trips and twenty {20} pm peak trips. Parks and. Open Space: Pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for' park purposes in the Comprehensive Plan, a fee of $50Q.00 per residential unit per dwelfng unit regardless of the size or occupancy of the unit must be collected prior to issuance of building permits for each unit. No residential uni#s are proposed. Solid lfll'aste- , The proposal calls far the construction of office space. Trash generated each year by the development will be 14.24 tons of solid waste per year (office - 5,274 square feet x 5.4 pounds 28,48(?). I-lawgiver, the Solid Waste Authority has indicated tha# its faalities have sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with respect to this level of service standard can be made. SchooEs- A School Concurrency Application is not required. 3£~ SE t'` Avenue, 38 rirst; 2QQ8-(3G4SPF-~-IPB-CL5 NPR ~,~eeting [Jtareh B, 2QD8 Pacts 'f9 of 2Q A. Building design, landscaping, and lighting (glare} shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Nat applicable Meets intent of standard X Does not meet intent B. Separation of different farms of transporta#ion shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element, Nat applicable Meets intent of standard X - A bicycle racic_has been provided. Does not meet intent C. Open space entiancements_ as described in Policies found under Objective B-9 of .the Open Space and Recreation Element are appropriately addressed. Nat applicable X Mee#s intent of standard Does not meet intent D. Tltie City shall evaluate the effect that any atYeet widening or trafhc circulation ~modificatian ~rr~ay have upon an existing 'neighb'orhood. if it is determined that the widenir~'g or ~ nicidificatinn will ~be detrimental and result In a degradation of the neighborhood, the project shall not be permitted. Not applicable X IVieets intent of standard Does not meet intant E. D'evela}iment of vacant land which is zoned for residential purposes shaii be planned in a manner which is consistent vtrifh adjacent developmen# regardless of zoning deslgn~ations. Not applicable X Meets intant of"standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in #erms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfill§ remaining Land 'use needs. Not applicable Meets intent of standard X Does not meet intent G, Redevelopment and the development of new land shall resul# In the provision of a variety of housing types which shaii continue to accommodate the diverse maEceup of the City's: 36 S~ 1 ~~ Aaenue, 36 First; 2x08-QGh-SPi=-hli='E3-CL5 1-iPB Meeting March 6, 2001$ Pace 20.D3 20 demographic profile, and meet the housing needs identified in the Housing Element. This .shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. - Nat applicable X Meets intent of standard floes not meet intent H. The Gity shall consider the effect that the proposal will have an the stability of nearby neighborhoods. 1=actors such ~as noise, odors, dus#; #raffic volumes and circulation patte~'ns shall be reviewed in terms of their potential to negatively iirrtpact the safety, habital~lll'ity artd stability of residential areas. if it is determined that a proposed ~develapment will result in a degradation of any neighborhood, the project shall 6e modified accordingly or denied. Nat applicable 1Vleets intent of standard X Does not meet intent 1. ~ development si~atl not Ise approved if traffic associated with such development would create a new high accident [ocation, or exacerbate an existing ~ situatiora ca~rsing it to~ q'ecotn'e a High acciden# location, without such development taking actions~•ta remedy the . ~ a'ccidetit sit~uatlon. iVgt applicable Meets ~interit of standard X Does not meet intent ;i. ~ Tot lots a~n~d. recreational areas, serving children from toddler. '!vo teens, s~a[I ~ be a fea#urr~ of all new housing developme'~ts as part of the design to accornmcidate~ hQUSeholils. ' ~ having a range of ages. This requirement ~rnay be waived or modified, for residential ~developrnents located in the downtown area, and for Infill projects having ~feu~er fhari~25 units. Nod applicable X ~ . Meets intent of standard Does not meet intent z 1 S. ~4~ S'!_ { ~I SUBJECT PROPERLY Jae- 72--43-4fi-i6-01-069-0761 36 SE ~ 5T AVENUE .qTY of UFiRAY BFACH, ~ LQCATION MAP PLANN@!G & 20tHNG F>EPARTMENT ~- an~rRC ease' MwP szs~r -- AFAP REF: S:\P[aarvng at Toning\E3&JS\Fta-Gab\X-Lil lOtll-15GD\L1+11061_36 SE Int. 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La[AvettUe + [?r3rayBearh Florida 33444 • i'3sos~e {a61) Z76-8B87 ^ F~ ~SG]~ X76-S~1G ;: ~• ~ i ' -rnra w csa MEMORANDUM TO: Mayor and City Commissioners FROM: MICHAEL VINCI, ASSISTANT PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: August 12, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/MAROONE DODGE DEALERSHIP ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of an appeal of the Site Plan Review and Appearance Board's (SPRAB) condition of approval that photometric plans be provided, and lighting be installed under awnings associated with a Class I Site Plan Modification for the two Maroone Dodge sites. At its meeting of July 23, 2008, SPRAB voted 4 to 0 to approve the elevation changes (installation of five awnings) on two buildings occupied by Maroone Dodge. SPRAB conditioned the approval on the installation of lighting and the submittal of details including associated photometric plans. The applicant does not intend to install lighting and therefore is seeking elimination of this condition of approval. The applicant submitted the appeal request on July 31, 2008. This request is being processed pursuant to LDR Section 2.4.7(E)[Appeals]. BACKGROUND The subject properties are located on the east and west sides of NE 6~' Avenue between NE 7~' Street and NE 8tr' Street (700 & 707 NE 6~' Avenue). The properties have a Future Land Use Map designation of CC (Commercial Core) and are zoned CBD (Central Business District) and contain four buildings totaling 17,709 sq. ft. with auto part sales, automotive sales, and showroom offices. On May 14, 2008, SPRAB tabled the Class I Site Plan Modification and requested clarification as to whether lighting was to be provided under the new awnings. The applicant submitted a letter dated June 25, 2008 (attached) indicating that the owner did not intend to provide lighting under the awnings and would like SPRAB to consider approving the awnings as presented. On July 23, 2008, SPRAB approved the elevation changes for Maroone Dodge, with the condition that the applicant provide lighting along with a photometric plan for the awnings. APPEAL: The proposed basis of the appeal is that the action taken by SPRAB is neither consistent nor compatible with any Land Development Regulation currently in existence. Thus, the condition of approval attached by SPRAB (photometrics) should be overturned by the City Commission. It is noted that LDR Section 4.6.8 refers to illumination levels and uniformity for outdoor parking areas and commercial sites. RECOMMENDATION Approve the appeal based upon a finding that the Site Plan Review and Appearance Board condition is excessive. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ON THE APPEAL FOR MAROONE DODGE 1. This is an appeal of the July 23, 2008 decision by the Site Plan Review and Appearance Board ("SPRAB") approving elevation changes (installation of five (5) awnings on two (2) buildings occupied by Maroone Dodge.) SPRAB conditioned the approval on the installation of lighting and the submittal of details including associated photometric plans. The applicant does not intend to install lighting and therefore is appealing this condition of approval. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the condition of approval pertaining to lighting. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I. I. LDR REQUIREMENTS: A. LDR Section 4.6.18, "Architectural Elevation and Aesthetics", Subsection (E), "Criteria for Board Actions". (1) The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Are these requirements met? Yes No B. Applicant's Proposal: The proposed architectural elevation changes involve the installation of two lean to style frames and covers, and one window awning, on building 700, and two lean to style frames and covers on building 707. there are two awnings being proposed on the north elevation of building 700 (a 27' awning along the walkway, and a 6'-6" awning over a service window). Along the south elevation, the applicant is proposing a 32' awning at the entrance of the drive-thru service area. The proposed awnings on building 707 are along the east elevation (26'), and the south elevation (48') which fronts NE 7th Street. The awnings are Cobalt Blue in color with an eggshell underside. Based on the foregoing, should SPRAB's condition of approval requiring the submission of lighting details including a photometric plan be removed? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 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 appeal and hereby adopts this Order this day of August, 2008, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk Rita Ellis, Mayor 2 SITE PLAN REVIEW AND APPEARANCE BOARD MEMORANDUM STAFF REPORT Applicant: Jones Awning and Canvas Project Name: Maroone Dodge Project Location: 700 and 707 NE 6th Avenue ITEM BEFORE THE BOARD The action before the Board is approval of a Class I Site Plan request for Maroone Dodge associated with architectural elevations changes, pursuant to LDR Section 2.4.5(F). BACKGROUND The subject properties are located on the west side of NE 6t" Avenue between NE 8t" Street (George Bush Boulevard) and NE 7t" Street (700 NE 6t" Avenue) and the northeast corner of 6tn Avenue and Seventh Street. The properties have a Future Land Use Map designation of CC (Commercial Core) and are zoned CBD (Central Business District) and contain four buildings totaling 17,709 sq. ft. with auto part sales, and automotive sales showroom offices that were built in 1995. On May 14, 2008, the Site Plan Review and Appearance Board tabled the Class I Site Plan Modification associated with Maroone Dodge. The board requested clarification regarding the lighting under the awnings. The applicant has submitted a letter(attached) indicating that the owner has no intention of providing lighting under the awnings and would like the Board to consider approval of this proposal. Now before the Board is a Class I Site Plan Modification to install awnings on two of the buildings. PROJECT DESCRIPTION The development proposal consists of the following: • Installation of four awnings on two structures. • Installation of one window awning. ARCHITECTURAL ELEVATION ANALYSIS LDR Section 4.6.18(E) Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB) in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: (1) The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. SPRAB Staff Report: Meeting Date: July 23, 2008 Maroone Dodge - Class I Site Plan Modification Page 2 (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed architectural elevation changes involve the installation of two lean to style frames and covers, and one window awning, on building 700, and two lean to style frames and covers on building 707. There are two awnings being proposed on the north elevation of building 700 (a 27' awning along the walkway, and a 6'-6" awning over a service window). Along the south elevation the applicant is proposing a 32' awning at the entrance of the drive-thru service area. The proposed awnings on building 707 are along the east elevation (26'), and the south elevation (48') which fronts NE 7t" Street. The awnings are Cobalt Blue in color with an eggshell underside. The presentation of the architectural elevation changes should not adversely affect the surrounding area and should not materially depreciate the neighboring areas. Based on the above, positive findings could be made with respect to LDR Section 4.6.18(E). ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the request for a Class I site plan modification, and elevation changes for Maroone Dodge 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 4.6.18(E) of the Land Development Regulations. C. Move denial of the request for a Class I site plan modification, and elevation changes for Maroone Dodge 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 4.6.18(E) of the Land Development Regulations. RECOMMENDATION Move approval of the request for the architectural elevation changes associated with a Class I site plan modification for Maroone Dodge, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with and meets criteria set forth in Section 4.6.18(E). Prepared by: Michael Vinci, Assistant Planner Attachment: ^ Site Plan ^ Awning Detail ^ Applicants letter 1 ~~.~ _~, ~~ES AWNINGS & CANVAS, INC. .~.~~~ ~' 127 N.W. 16TH STREET ~9UL 3 ~ ~~~~ POMPANO BEACH, FLORIDA 33060 _ 954),7;8.;4966 {954) 784-6965 {561) 965-4$49 Sroward Fax Pa{m Beach LETTER OF APPEAL City of Delray Beach Building Dept. 100 NW 1St Ave. Delray Bch., FL 33444 RE: Maroone 700-707 N. Federal Hwy. To Whom It May Concern: July 28, 2008 ~~E~~f E® J U ~. 3 ~ 200 1.) Appeal submittal of photometric plan that complies with LDR Section 4.6.8- 2.) Plan Review and Appearance Board is requesting this submittal. 3.) Reason far appeal: there is no lighting being installed under these awnings. We are only installing awnings themselves. 4.} We are requesting a waiver of photometric plans (being there is no lighting being installed) and letter was submitted at previous rneeiing.Speedy approval of the awning installation at said address. 5.) Jones Awnings & Canvas, Inc. 127 NW 1{th St., Pompano Bch., FL 330b0 NOTE: These awnings are to replace awnings damaged by Hurricane Wilma. Since ly, radley Jones President At Jones Awnings & Canvas there is no extra charge for quality. Aut~N~tf~n a June 25, 2008 City oFDeIray ~ Building Department RE: 70(1 a~trl 7071V. Fede1•al Hivy Delray Beaclr Fl. 33444 Autohlation, Inc. v I1L SE o€h S(re2el Farl L~uderdalr. F"L 33301 t95a1 ~o9•iop0 c.1•nv_Autohla€ion.corn This is a letter to authorize and proceed with the reinstallation of the awnings without back Iigl~ting_ Ifyou have any questions do not hesitate to give ~x~e a call at 954-769•-2386. ~~ 1~~1~~ ~2; t _ [IT4 OF UELRA4 BEACH d€LRAY BFACE[ r~ o x i v n Elul-AtltBl'IC3 ~.i1y ~ r 1993 July 24, 2008 2007 Jones Awning & Canvas '[ 27 NW 16t~' St. Pompano Beach, FL 33060 100 N.W. ist AVENUE o ^ELRAY BEACH, FLORIDA 33444 m 56#1243.7000 Re: Maroone Dodge-Ciass t Site Plan Modification Transmittai Letter. Ta Wham It May Concern: The Planning and Zoning Department has completed its review of your application for Maroone Dodge, a Class I Site Plan modification associated with the installation of awnings on 700 & 707 NE 6th Ave.. On July 23, 2008 the site plan modification was approved by the Site Plan Review and Appearance Board {SPRAB} as follows: Site Plan: The Board approved the Class II site plan modification for Maroone Dodge, 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 3.1. {Performance Standards) Section 2.~4.5(G} (5) and Chapter 3 of the Land Development Regulations, with the following conditions: 1. Submit a phofomefric plan That complies with LDR Section 4.6.8. Architectural Elevafions: The Board approved the architectural elevations for Maroone Dodge, 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 4.6.18{E} of the Land Development Regulations. i=~zv~c~ ° P~{ZFO~MANC~ • ~NTEGRI~`v ° ~S~oNSre~.~ ° INN©vATrV~ ° ~~~nnWORK Next Step: Please provide three (3} revised copies of the approved site plans that address the conditions of approval. Once the Planning and Zoning Department receives the revised site plans, the Director of Planning and Zoning will certify the plan. Should you have any questions regarding #his project approval, please do not hesitate to contact me. SFincerely, 4 V Michael Vinci, Assistant Planner (561 } 243-7045 IN.E. 9TH ST. w z GEORGE C~~ ~` ~ QP < J~ ~O ~ O~i~ yP~' O~ N.E. 5TH CT. S T. v_ z I V BUSH N.E. z 0 m O z N.E. 6TH w Q 5TH ST. S T. ~~ ~~ ~- w ~u ,,~O~~~C~~ N SUBJECT PROPERTY MAROONE DODGE ,~ ~ ~ ~ Q 700 N. FEDERAL HIGHWAY PLANNING AND ZONING ~~. DEPARTMENT 12-43-46-09-24-000-0140 LQGATIQN MAP -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1077_1079 MAROONE DODGE 30ULEVARD I.E. 7TH CT. S T. N.E. 4TH ~~ ~~ ~~ ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director of Community Improvement THROUGH: David Harden, City Manager DATE: August 14, 2008 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 WAIVER REQUEST/ ED MORSE TOYOTA ITEM BEFORE COMMISSION City Commission consideration of a waiver to the Land Development Regulations Section 4.6.7(E)(7), pursuant to the request by the agent for Ed Morse Toyota, located at 2800 S. Federal Highway. BACKGROUND Ed Morse Toyota is completing a large addition to its automotive dealership on South Federal Highway and will have two auto franchises, Toyota and Scion. On July 23, 2008, the applicant requested Site Plan Review & Appearance Board (SPRAB) support for a waiver to the Sign Code LDR Section 4.6.7(E)(7), "Design Standards Matrix", which states that only one wall sign is allowed per elevation, not to exceed 160-SF. The applicant requested support to place five (5) wall signs on the east elevation to read, "Ed Morse", "Toyota" with the corporate logo, "Scion", "Service", and "Toyota Express Lube". Their request is based on other auto dealers in the area that have multiple franchises are allowed additional signage. SPRAB voted 4-0 supporting the applicant's request. Staff also supported the waiver request acknowledging that the privilege has been granted to other businesses with similar circumstances. The granting of a waiver shall not adversely affect the neighboring area, Shall not significantly diminish the provision of public facilities, Shall not create an unsafe situation, and • 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. RECOMMENDATION Staff recommends City Commission support the waiver request to LDR Section 4.6.7(E)(7) as recommended by SPRAB pursuant to findings governed under Section 2.4.7(B) (5) that the waiver 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. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA SIGN WAIVER REQUEST FOR ED MORSE TOYOTA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request to allow five wall signs on the east elevation of the building has come before the City Commission on August 19, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Ed Morse Toyota. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: LDR Section 4.6.7(E)(7) limits the number of signs to one per elevation. The Applicant has requested a waiver from this requirement to place five wall signs on the east elevation. 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) 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 meet all the requirements of 2.4.7(8)(5) subject to the conditions, if any, listed below? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 1 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 request to LDR Section 4.6.7(E)(7), subject to the conditions, if any, imposed in this order. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 19th day of August, 2008, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 DRAFT MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH REGULAR MEETING .MEETING DATE: July 23, 2008 MEETING PLACE: City Commission Chambers I. CALL TO ORDER: Chairman Aguila tailed the meeting to order at 6:02 p.m. Upon roll call it was determined that a quorum was present. MEMBERS PRESENT: Chairman Jose Aguila, Andrew Youngross, Connor Lynch (6:20 p.m.) Shane Ames, Johnny Kincaide MEMBERS ABSENT: Second Vice Chairman Mark Gregory, Francis Bennett STAFF PRESENT: Scott Pape, Andrea Strohmer, Madeleine Tilker ALSO PRESENT: Brian Shutt, Assistant City Attorney There were no changes to the Agenda. Chairman Aguila read the City of Delray Beach's procedures for Quasi-Judicial Hearing for all the items on the Agenda. Madeleine Tilker, Administrative Assistant, swore in all witnesses that wished to give testimony on all items on the agenda. II. MINUTES It was moved by Mr. Kincaide seconded by Mr. Ames to approve the Minutes of the Regular Mee#ing of July 9th, 2008. Said motion passed with a vote of 4-0. (Mr. Gregory, Ms. Bennett, Mr. Lynch absent}. lll. SIGNS No ex parte communication. A. Ed Morse Toyota; 2800 S. Federal Hwy; Bob Freeman, Authorized Agent SPRAB Meeting July 23, 2008 Page i of 2 Ms. Strohmer, Staff Signs Inspector entered the file into the record and presented the proposal for Board Support for a Waiver to the Sign Code as stated in the Staff Report. Staff supports the request for a waiver to the sign code. Aoolicant Presentation Mr. Bob Freeman, representing the applicant stated that the requested format is the same as that, which is used by other Toyota dealerships throughout the country, Public Comments There were none. Rebuttal There was none. Board Discussion The Board agreed that multiple signs are common as with other dealerships. MotionlFindinas It was moved by Mr. Ames seconded by Mr. Kincaide to approve the recommendation of The Sign Staff Review Committee support of Ed Morse Toyota's request, #or a waiver to the sign code and to allow additional wall signs on the east elevation as submitted. Said motion passed with a 4-D vote. (Mr. Gregory, Ms. Bennett, Mr. Lynch absent). SPRAB Meeting July 23, 2008 Page 2 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: August 11, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 DEVELOPER'S AGREEMENT/CANNERY ROW LLC ITEM BEFORE COMMISSION Review of the Cannery Row Developer's Agreement, executed May 8, 2007, for compliance with the terms of the Agreement. BACKGROUND The City entered into a Developer's Agreement with Cannery Row, LLC on May 8, 2007, (attached hereto) regarding the development of the Cannery Row project along the east side of the 300 block of Pineapple Grove Way. Pursuant to the terms of the Agreement, the City is required to review the agreement annually to determine "if there has been demonstrated good faith compliance with the terms of the Agreement". If there has been a failure to comply with the terms of the Agreement, the Agreement may be revoked or modified by the City. The terms of the Development Agreement provide that the developer shall dedicate a parcel at the northeast corner of the project to the City for park purposes, which has already occurred. The Agreement also provides that the parties shall enter into a Purchase and Sale Agreement, regarding a parcel at the southeast corner of the project, within 120 days of the execution of the Developer's Agreement. This also occurred. The Purchase and Sale Agreement provides that the developer shall notify the City 60 days prior to pulling a building permit on the southeast parcel. (See attached paragraph 41 of the Purchase and Sale Agreement). Upon notification, the City shall have 60 days in which to decide to have a structure completed and purchase the structure; purchase the land for park purposes; or to terminate the Purchase and Sale Agreement and not purchase anything. We have not received notice from the developer where the developer will be pulling permits for the structure at the southeast corner. Our office has reviewed the terms of the Development Agreement and it appears that the developer is in compliance with the terms of the Agreement. RECOMMENDATION Motion confirming that there has been compliance with the terms of the Agreement. AGREEMENT THIS AGREEMENT entered into this ~ day of , ?007, by -and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as City) and CANNERY ROW, LLC (hereinafter referred to a5 Developer), provides as follows: WHEREAS, a project called Cannery. Row is being developed along the east side of the 304 bloclf of Pineapple Grove Way in the City; and WHEREAS,. Land Development Regulation Section 4.4.13(H) provides that if the: developer of a project fronting on N.E. 2nd Avenue, between N.E. 3rd Street and N.E. 4th Street, chooses to dedicate an azea at the northeast corner of the project to the City far open space and to convey property and a building to the City fronting on N.E. 2nd Avenue at the southeast corner of the project, then the developer shall not be required to furnish non-residential uses fronting an the west side of N.E. 2nd Avenue between N.E. 3rd Street and N.E. 4th Street; and WHEREAS, the Developer will dedicate a parcel at the northeast corner of the project to the City for park purposes and will transfer land and a completed shell structure, a5 more thoroughly described in this Agreement, to the City located at the southeast corner of the proj ect and fronting on N.E. 2nd Avenue, to be used as an artist workshop/gallery as a condition of the Development; and WHEREAS, pursuant to F.S. 163.3225 the City has held 2 public heazings regazding this Development Agreement and this Agreement is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Developer has the option to build a mixed use project in accordance with the City's Land Development Regulations but chose instead to enter into this Development Agreement, in its sole and absolute discretion, and be bound by the terms and conditions of this .Agreement. NOW, THEREFORE, in consideration of the mutual covenants and undertakiz~.gs set forth herein and other good and valuable consideration, the receipt and sezfficiency of which is hereby ackaowledged, the Developer and City hereby agree as follows: 1. Recitations .The above-stated recitals are incorporated as if fully set forth herein. 2. Dedication of Park Lana . The Developer shall dedicate, to the City, a parcel, as shown. on Exhibit "A", for park purposes which shall be maintained by the City. in lieu of the City paying the Developer the value of the land, which is $414,645.00,. the City shall waive the impact Fee set forth. in LDR Section 5.3:? (cj for all units. Developer will provide a water service stub-out to the property line that the City can connect to an irrigation meter at a later date. Developer will sod the corner if the NE corner of the project has been landscaped prior to the City completing the landscape plan for the park. All maintenance of the park :shall be by the City. Developer will have no other improvement requirements for the park area. The property described in Exhibit "A" shall be dedicated to the City in perpetuity on the plat to be recorded by the Developer. 3. Conyeyance_ of Unit . Developer shall also convey fee simple title to the City of Lot 12 of the Plat of Cannery Row with a completed shell structure, pursuant to floor plans, elevations, and. specifications as set forth on Exhibit "B", to the City to be used by the City for comtn.unity/city projects as it determines, in its sale discretion. The City shall pay the actual land cost and costs of construction of the unit, which will not exceed $530,flOfl.flfl. The parcel and structure shall be transferred to the City, or its assigns, in accordance with the purchase and sale contract between the City and Developer is in the form attached hereto as Exhibit "C". The approval of this Agreement is conditioned upon the parties executing a purchase and sale agreement (Exhibit "C"j within120 days of the execution of this Agreement. Failure to approve such an agreement within the time period set forth shall make this Agreement null and void. Developer will finish the interior of the unit at cost, provided that the City provides Developer with all necessary plans, specifications, drawings, permits, etc., so that Developer may construct the interior of the unit at the same time the interiors of the adjoining units are being constructed, so as to not interfere with the quiet enjoyment of the adjacent units when sold for occupancy. Should the City desire to retain a third party to fnish the interior of the unit, the City will required to commence the constructionx at the same time that the Developer is constructing the interior of the adjoining units, and subject to the Developer°s site plan development, construction schedule, and safety measures as implemented by Developer. Commencing upon conveyance of the unit from developer to the City, the City will responsible for Homeowner's Association (HOA) assessments. The HOA documents will reflect that all units will be charged the same uniform rate of assessment, e:~cept for the Art Facility, which will be charged less, .as it will have no use of the common area facilities. (pool, gazebo, playground, etc.).. Any lease of the Art Facility by the City will specilxtally state that the tenant(s) do not have use of the common area facilities and their occupancy shall be subj ect to the H~A documents, including any Rules and Regulations promulgated- by the Developer andlor Homeowner's Association. The proposed purchase and sale agreement (Exhibit "C"} contains a provision which allows the City the option to a) purchase the Community Facility unit at the developer's cost, not to exceed $~3~,000.00; or b) not proceed with the purchase of the. Community Facility, but, instead, purchase-Lot 12, only, to be used for park purposes only with appropriate deed restrictions, without any improvements. thereto other than water service (using City's water meter and City bearing all water usage charges), landscaping and irrigation for the Lot 12, whereby Lot 12 shall be owned. by City (or the public for park purposes only if so dedicated by City or by Developer through, an amendment of the Piat}; or c) terminate the Agreement without penalty to the City if the City determines, in its sole discretion, that the purchase of Lot 12 for purposes of a Community Facility or a park is not in the best interests of the City of Delray Beach. In the event the City elects to terminate the Agreement or purchase Lot 12 for park purposes, the City shall not thereafter impose upon. the developer, or .any successor in interest, a requirement to construct any commercial improvements within the Project. 4. Requirements of Development Agreement . {a) A legal description of the Ia.nd subject to the agreement, and the names of its legal and equitable owners- - Lots 1 through 24, inclusive, Block 73 and the 1b foot alley right of ,ovay lying East of and adjacent to the East Iine of Lots 1 through 12, inclusive, subdivision of Block 73, according to the Plat thereof as recorded in Plat Book l2, page 62, Public Records of Palm Beach County, Florida, less the North 15 feet thereof. Legal Owners -Cannery Raw,. LLC (b) The duration of the agreement - Less than 14 years (c) The development uses permitted nn the land, including population densities, and building intensities and height -Uses permitted are residential and camrnercial; proposed population density is 183; building density is a maximum of 30 units per acre; and maximum height is 48'. (d) A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development; -The public facilities are water and sewer and -they are already in place. (e) A description of any reservation or dedication of land for public purposes; -see the plat attached to this agreement. (f} A description of all local development permits approved or needed to be approved for the development of the land; -building permits. 5. Ca~tnrrtencement of Agreement . This Agreement shall commence 3 ~, days after the Department of Community Affairs is in receipt of the Agreement, as per paragraph 5, and shall expire upon the conveyance and dedication of the parcels and building to the City from Developer, however, in no event shall the term of this Agreement exceed 1Q years. 6. Failure to Address a Condition/Requirement . If this Agreement fails to address a particular permit, condition, term, or restriction, Developer shall nvt be relieved of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 7. Recording of Agreement . Pursuant to F.S. 1b3.3239 this Agreement shall be recorded in the public records of Palm Beach County and a copy of the recorded agreement shall be submitted to the Department of Community Affairs. $. .Review of the Agreement .The. City, at Ieast once every 12 months, shall review this Agreement to determine if there has been demonstrated good faith compliance with the terms of the Agreement. If the City determines, based upon substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement znay be revoked or modified by the City. 9. Amendment/Cancellation . Pursuant to F.S. 163.3237, this Agreement may ~e amended or canceled by mutual consent of the parties 10. Assignment . The purchase and sale agreement Exhibit "C") may be assigned by the City to the Community Redevelopment Agency or the Delray Beach Community Land Trust, Inc. without the approval of the Developer, if the City wishes to assign the purchase and sale agreement to another entity it must first obtain consent of Developer, which shall not be unreasonably withheld. 11. Compliance with Laws . If state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this Agreern.ent, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state Iaw or federal laws. 12. Indemnification .Developer hereby agrees. to defend,. indemnify and hold the City harmless from any and all claims, suits or any other cause of action arising oux of Chas Agreement including attorneys fees and costs expended by the City at trial or appellate levels to uphold this agreement, 13. Com Iy iance~ith the City's Cgrn~rehensiye Plan This Developers Agreement is in compliance with the City's Comprehensive Plan and Land Development Regulations. 14. Venue. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 1S. AP rovals. This Agreement constitutes the entire agreement and understanding of the parties. There are no representations orunderstandings of any kind mot set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. (Signatures on Following Page) IN WITNESS WHEREOF, the parties hereto have entered. into fihis Agreement as of the day and year first above written. ATTEST: By: ~ City Clerk Approved as to Form: By: ~r~ 2~ `~ ~~r~ity Attorney WI'T'NESS: ~. ~:Qf-- Name Printed or Typed} C-~i (Name Printed to Typed STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH .~• ~~ ~ Mayor, Rita Ellis Cannery Row, LLC, by Ironwood Properties, Inc,, Member ~~-~-». By: C tein, President The foregoing instrument. was acknowledged before me this ~ day of May, 2007, by Cary Glickstein, as President of Ironwood Properties, Inc., a Florida corprration, on behalf of the corporation. He is personally known to zne or has produced (type of identification) as identification. ~~ ~ -~ . Signature of Notary Public My Commission Expires; ',,,,F~t,,,, ,,~ , ::. 4'!. BUYER OPTIONS. In addition to Buyer's rights herein to purchase. the Community Facility at Seller's cost, not to exceed $530,000.00; and as more particularly described in that Developer Agreement, of even date herewith, between Buyer and Seller, Buyer shall have to option, upon notice to. Seller as described below, to: a) not proceed with the purchase of the Community Facility, but, instead, purchase Lot 12, only, to be used for park purposes only, with appropriate deed restrictions allowing only use as a park, and without any improvements thereto other than water service (using Buyer's water meter and Buyer bearing all water usage charges), landscaping and irrigation for the Lot 12, whereby Lnt I2 sha] f be owned by Buyer {or the public for park purposes if so dedicated by Buyer or by Seller through an amendment of the Plat); or b) terminate this Agreement without penalty to Buyer if Buyer determines, in its sole discretion, that the purchase of Lot 12 fvr purposes of a Community Facility or a park is not in the best interests. of Buyer. In the event Buyer elects to terminate this Agreement, Buyer shall not thereafter impose upon Seller, or any successor in interest, a requirement to construct any commercial improvements within the Project. Notwithstanding any other notice- requirements herein, Seller shall notify Buyer in writing, at Ieast sixty {60) days prior to applying for building permits for the building in which the Community Facility unit is to be constructed, that Seller intends to proceed with construction of such building ("Seller's Notice to Proceed"). Buyer-shall notify Seller in writing within sixty (60}clays of receipt of Seller's Notice to Proceed that Buyer has elected to: a) purchase the Community Facility unit at Seller's cost, trot to exceed $530,000.00, as aforesaid; or b) purchase Lot 12, only, at Seller's cost of $200,000.00 fvr park purposes, as aforesaid; or c) terminate this Agreement without penalty to Buyer. In the event Seller does not receive notice of Buyer's election under this section within sixty (d0) days of receipt of Seller's Notice to Proceed, Seller shall deem such failure to notify Seller as Buyer's election to terminate this Agreement, whereupon Seller may proceed with development of the Project without any requirement of commercial improvements. BY SIGNING BELOW, BUYER AND SELLER AGREE TO BE BOUND BY ALL TERMS ,ANA PROVISIONS OF TffiS AGREEMENT.. ACCORDINGLY, BUYER IS HEREBY ADVISED TO CAREFULLY REVIEW THIS AGREEMENT AND THE HOMEOWNER DOCUMENTS, AND TO CONSULT WITH AN ATTORNEY OF BUYER'S CHOICE. If, after the execution of this Agreement, Buyer or any attorney on Buyer's behalf, infort><as Seller that Buyer desires or intends to terminate this Agreement, or that.Buyer is or may be unable or unwilling.to comply with any of'the terms of this Agreement, then, at the option of Seller, same wil l constitute a default by Buyer. IN WITNESS WIIFREOF, the parties hereto have sworn to and executed this Agreement as of the date first above written. SELLER: CANNERY ROW LLC, a Florida limited liability company By: Ironwood Development, inc., a Florida corporation, its Managing Member By: Cary Glickstein, as President MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 28, 2008 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 BID AWARD/WEST CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Bid Award in the amount of $208,010.00 to West Construction, Inc. regarding the facade renovations to the Linton Boulevard Bridge Tender House. BACKGROUND The City of Delray Beach will undertake the upgrading of the bridge tender house for the Linton Boulevard bascule bridge; a County maintained bridge within the City limits. Palm Beach County believes that the construction of the project serves a public purpose in the enhancement of the structure and agreed to provide supplemental reimbursement funding costs to a maximum of $100,000.00 dollars (Executed Agreement No. R2006-0952). The project consists of adding a facade to improve the aesthetic appearance of the structure including new windows, doors, roofing and painting. Three bids were received ranging from a numerical base bid low number of $197,103.83 to a high of $235,010.00. The numerical low bidder was McCabe Brothers Construction; however, based on past performance issues with McCabe Brothers in which the company failed to complete a City project in a timely manner performing marginally at best on a scope of work of minimum complexity (sidewalk construction) and the City's contractual obligation to Palm Beach County to have this complex project completed in its entirety by December 2008, staff recommends award to the best responsive and responsible bidder West Construction, Inc. West has an exemplary performance record with the City completing several projects simultaneously this past year and is on track to complete Fire Station No 4 several months ahead of schedule. Bid tabulation and Location Map are attached hereto for your reference. FUNDING SOURCE Funding is proposed from account 334-3162-541-46.05 General Construction Fund/Public Works Road & Streets/Lipton Blvd Tender after budget transfer. RECOMMENDATION Staff recommends approval of a bid award to the second lowest bidder, West Construction, Inc. in the total amount of $208,010.00 for the renovations to the Linton Boulevard Bridge Tender House. '~ '`~J ~ ti ~ o ~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~ ~ ~- ~s d ~ ~ ~ a' w ~ ~ ~ ~ ~ ~ ~ T ~ ~ ~ om ® . ~ ~ cV ~ ~ ~ ~ ~ ~~ ~ ~ °~ ~ '~, ~ ~ ~r ey ~- o ca ~ ~ ~9 ~ ~ ~ ~ ~ ~ cam-. ~ ~ ~ ~ ~ ~~ y C~ t~ a ~ ~. ~ ~ ~[i ® ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ pC ~ ~ ~ ~ ~ ~ ~' ~ ~ex ~ comet ~ ~ us cis ~ ~ ~ ~ ~ ~ ~a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ,~ esr °'~ ;'E3 ~ ~ C~ ~. ~ U ~, ~ ~ [~ ~3 ra ~ ~ {9 ~ ~ LINTON BLVD BASCULE BRIDGE TENDER HOUSE UPGRADES PROJECT #2000-064 SITE S:IEngAdminlProjects1200412004-06410FFICIAL18.05.08 Agendallocation map.doc -° Ii~TERLOCAL ACaREEIVt~~~T k3ETW6=EhN PALIY! BEACt-E COUNTY AtVC THE C!T`r C7F Di?!_RAY i3EACH FDR UPGRADES TO THlr t_IE~lTOP~ l=3QLlL.EVAR[3 C3ASCUlLE f3RlL7GE TIENb>=R HC3USE THlS lhtTERI..OGAtM AGREEltfiENT is triode and entered into this day ~ of Jilts ~~ , by and between PALM BEACH GUUI~T`Y, a pouticaf subdivision of the State ofi Florida, hereinafter referred to as "CQU!~~TY'" and THE CITY ClF DELRAY BEACH, a muniaipak corporation of the State of Florida hereinafter referred to as "C lTY" UVtTNESSET!-!: WH1rR1=A5, the CITY is undertaking the upgrade of the bridge tender house far the Linton boulevard bascule bridge, a County maintained bridge, within the CITY, lirrrits hereinafter referred to as "F'RflJE=GT'"; anct WHERtrAS, the PROJi=CT consists of adding a #a~ade to improve the aesthe#ic appearance of the bridge tender house; and WHEREAS, the CC)tJNTY believes that the construction of the PROJECT serves '~ a pubkic purpose in the enhancement of the bridge tender house for this COtJldTY bridge and wishes to support the PROJECT by providing supplerrsental reirnbursernent funding for the documented casts of the PRE7JECT in an amount not to exceed £3htE HtJP~QFtEQ THDtlSAtdD DC)L.LARS t$'!t?0,©Ufl.~tt~; and '~dH>rREAS, after construction of the PfiL1JECT, the COUNTY will be responsible for the subsequent rrraintenance of the PROJECT. hIOW THEREFOR!=, in consideration of the mutual covenants, promises, and agreemenfs hereir, contained, the parties agree as follows: '!. The above recitals are true, correct and incorporated herein. 2. The GdUNTY agrees to provide to tE€e CITY reimbursement #unding for documented costs of the PROJECT in an amount not to exceed OtrtE HUNdRrD THOUSANp DE7l,1wAR5 ($'tt}t1,00C3,t10~. 3. The COUNTY agrees to reimbuese the CiT`a° tl~e amount established in paragraph Z far casts associated with the PRC}JlrC7', upar~ the CiTY's submission of acceptable documentation needed to substantiate its cost far the PRk:3JECT. The COUt~tTY will use its best effatts tts provide said turids to the CITY on a reirnburse~nent t~'asis wittrin Porky-five (45) days of receipt of all informafion required in paragraph 6, below. 4. T'he COt3NTY's obligation is limited to its payment obligation and shall Dave no obligation to any other person or errti#y. 5. The CITY agrees to assume all responsibility frsr design, bidding, cantrac±. preparation, and contract administration necessary far the PROJECT, including paymen#{s} to contractor(s) pursuant to all applicable governmental laws and regulations. &. The CITY will obtain or provide all tabor and materials necessary far the ~ PRt]JECT. The CITY shall furnish fo the CC)C1twITY's representative a request for payment supported by the following; A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and innnrporated herein as Exhii~it "A" (pages f ~ 2}, which are required for each and every reimbursement to the CITY. Said infarrnation i j shall tlst each invoice payable by the CITY and shall include the vendor invoice number, I invoice date, and the amount payable by the CL3E1iVTY. The CITY shall attach a copy of ', each vendor invoice paid by the CITY a{ong with a copy of the respeckive check and shall make reference thereof to the applicable item listed on the Contractuaf Services Purchases Schedule Form. Further, the GtTY's Financial Qfticer shall also certify that eaoh invoice listed on the Contractuat Services Purchases Schedute Forms was paid by the CITY as irsdicated. 7. As it relates to this Agreement, the COUNTY may initiate a financial systems analysis andfor an internal fiscal control evaluation of the CITY by an ~I independent auditing firrr~ employed by the COUhlTY or by the County to#ernal Audit Department at any time the COUNTY deems necessary. B. l-he Ct'1'Y shall be solely responsible for obtaining and complying with all necessary permits, approvals and asathorizations from any federal, state, eegional, GC1t1NTY or agency which are required for the PR©JECT. 9. The PROJECT shall be completed and final invoices submitted to the COlltltTY no later than December 39, 2008, and the CC3UIVTY shall have no obligation to the CITY nr any other entity ar person for any cost incurred thereafter unless the time , for completion is extended by rriocSitication of this Agreement. 2 1t1. Mach"party shall be liable for its t3v~rn actions and negligence and to the extent permitted by taw, the CITY shall indemnify, defend and hold harrniess the CUU€VTY ar~ainst any actions, claims nr damages arising out of fhe G€TY's neg€igence in connection with this Agreement ar the performance by the C€TY as it may relate to this Agreemennf. The foregoing indemnification shall not constitute a waiver of sovereign i~r~murr€ty beyond the limits set forth in F€orida Statutes, Section 788.28, oar shall the same be construed to constitute agreement lay either party to indemnify the other party for such other party's negligence, willful or intentional acts or Qrnissions nr for a€sy amount aver the €€mits set forth in Ft_ Statute. 768.28 despite any case law to the contrary. 'i 1. The C€'i•Y sha€€, at all times during the term of this Agreement, maintain appropriate insurance, 12. As provided in F.S. 28'7.'132-133, by entering rota this Agreertrent ar performing any work in furtherance hereofi, the C€TY certifies that its affiliates, supp€iers, sub-cantractc~rs, and consultants who perform work hereunder, lave not been placed on the convicted vendor list mainfained by the State of Florida l]epartment of Management Services within 36 months immediately preceding the date hereof. This no€ire is required by F.S. 287.133(3)(a). 13. Tha CITY shal€ require each contractor engaged by the C€7"Y for work associated wifh this Agreement to maintain: Workers' Compensation coverage in accordance with Florida Statutes, and; a. Corr~mercial General Liability coverage, inc€uuing vehicle coverage, in combined single €€mits afi not less than ONE MILLION DOLI}1R5 ($1,(fQf~,Dpp.[3t)}. The CQtlt~tTY shall be inc€uded in the coverage as an additional insured. b. A payment and performance band fc~r the total amount of the €M€'RDVEM)=iVT in accordance v~iih Florida Statute 25.85, 14, in the event of termination, the G1TY shall not be relieved of liability to the !C©Ui~TY far damages sustained by the C(]tll~TY by virtue of any breach afi the Agreement by the CITY; and the CCFEINTY may withhold any paytr~ent to the CITY for the purpose of set-off until such time as the exact amount of damages due the CCalFPt7'Y is determined. 3 16. The~Gl1"Y's termination of this Agreemerif shall result ir+ all obligations of the C®tlt+1TY for funding contemplated herein to be cancelled. 1F. The COt1NTY and C17'Y agree that no person shall, on the grounds of race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap be discrirrrinated against in performance of Phis Agreement. 17. In the event that any secfion, paragraph, sentence, clause ar provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining partic~ns of this Agreement and the same shall remain in full force and effect. 18. All notices required to be given under this Agreerrrent shall be in writing, and deemed sufficient to .each party when sent by United States Mail, posfage paid, to the following: /tS T© THE CC7UtVTY Engineering and Public UVorks []epartrnent Yanya N. McConnell, P.E. Deputy County Engineer P.D. Box 21229 West Palm Beach, Florida 33416-122J AS TO THL ~IT`ti" city of Delray Beach Mr. I:andail Krejcarek, P,E. Director of Environmental Services 10Q I~JW First Avenue Delray Beach, Fiorida 33444 19. This Agreement shall be construed and gavemed by the laws of the Stale of Florida. Any iegal acfion necessary to enforce this Agreement shah beheld in Paint Beach County. 1~to rerrredy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now hereafter existing at haw ar in equity or by statufe or otherwise. loo single ar i partial exercise by arsy party of any right, power ar remedy shall preclude any other or further exercise thereof. 2fl. Any costs ar expenses (including yeas©nable attorney's fees] associated with the enforcement of the terms ar~d conditions of this Agreement shall be borne by the respective parties, provided, however, that this clause pertains only to the parties fo the Agreement. .1 21. Except as expressly permitted herein k~.the conkrary, no madificaticn, I arrsendment, ar alteration in the terms ar conditions contained herein shah be effect€ve unless contained in a written document executed with the same 3i formality and equality of dignity herewith. 22. Each party agrees to abide by all laws , orders, rules and regulations and the CITY vvili carnpiy with all applicable governr~tental codes during t#~e f'fdC.lECT, 2~. The CCIUNTY shall not be deemed to assurr~e any liability far the negligent or wrongful acts, or omissions of the other party (ar parties), Nothing contained herein shall be construed as a waiver, by any of the parties, of the liability limits estalJlished in Section ?68.28, Florida Statutes. 24. Each party shat[ promptly notify the other of any lav~suit-related complaint, ar cause of action threatened ar camrt~enced against it which arises out of ar relates, in any manner, to the performance of this Agreement. 25. The parties expressly covenant and agree that in the event any of the porkies is in default of its obligations under this Agreement, the parties not in default shat! provide to the defaulting party thirty (30} days written notice before i exercising any of kheir rights. 26. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall nat~sc~lely as a rrratter of judicial constraint, be construed more severely against one of the parties than'the other. 27. This Agreerner~t represents the entire understanding arnang the parties, E I and supercedes all other negotiations, or agreements, either written ar oral, relating to this Agreement. 28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court ~ in and for Palm Bleach Gaunty, Florida. 29, This Agreement shah take effect upon execution and the effective date ' shall be the date of execution. RI=MAINf~ER QF PACE LEFT BLANK 5 1N WtTNt;SS tlVt-tlREOF, tine parties haue executed t#~is Agreement and it is effective ors tl~e: date fret abflve uvritten. ~~~ ~~ C11 PAI..M BEACH COUNTY, ~LE7t~lE]A, BY ITS BOARD QF COU TY COMMESSI~NERS By: By. aR~ ~aS~dttt,. C~,~frr~~r~ ATT>; ST: ATTEST: ~• SHARON R. BOCK~.~-~ : ~ cl_ERK ~ coM~_ ~~ ~.-• ti.~' ~; ~~ ~,~ ~ rtb ~•lerk v~ uka; r~ [~~ •~ty ~ECr;i~SE~r~ p,~.T4~`~~2M AND APPROVEE~ AS TO ;=C 1..EGAi~ SU~~ICI~lC~' ,~ LEGAE~ SUFFICIENCY I By:~ __.~-~ . ~.,.-~ City Aftarney Assistant Coup#y Attorney Date:~_ By: Af'PROVEC3 A5 TC1 TERMS AND CON©ITIUI~S By: [r[(g!X Da#e: ~r ~ ~~(~ 6 _ .~'t~~.,~4~ Bi<v~~~~ ~i~I3t'~2`E SC - ~xLii3x'f A ~:i~i_~I~r'E~RIIV~ ~ PU~.I..,I.~' V~x(3RI~~ ~.6'~RTI~I~Iti I' C;rantce Y3itEi~g # ~Pr~aj ecf} licquesi 7]ate ~iSi~€ng Perfod ~. P1Rf3~ CT PA]'i~IER~T ~LTti~:~r.4tk.~ P~rtrject C`etsts Cet~xtuE~tt~e Item ~'Itis i3ftling P~ro~ect basis Cunsultin~ Sez-~ices - C:outraet¢al Scndces ;vlateriaCs, Snpp]ias, }'?liecs t'urcha~es C~ra,ntee Stoek ~cluipntenl; i`ut~aifura TC)'i'e6I, I'1tE)rE' C#3S7'~ Ccrtif"r~atiotl; I hc*,reby certify iltat tlae u6ave «ere irtcun ed t'or the work iriinti~iecl as being. ttccarraialislaed in the attsahed progress re~aarts. TataJ ~'t'tlJecf Cas#5 Certification: I. hereily certify iFtat tl~e documcn- tatirxn.3tas l7cuv rtaaintairsed as r~gtsixed to st3pport the project expcns~s retx>rfed abova anti is atraii- aFstr for audit upazi rcquest, Admintatrattsrli~atie ~ PsrtarrcialOf~ccrlDate _..•..._... County Fnrtdiu}; Pa~~ieipatitlrt Total israjeet Cast "Coral lrraject atist~ €rs cit;t~ C;ountp olifigatian Co date Cottrttw fluids pxev~sously disbursed Co;arty frrrtris duc ti2zs filling ftevieu~eci aa3d t'tl?.~roved 6y. {~ Pf3C 1'resject Ac~miistratorJl3ate !~asistr~rrt County ~nCa€~ec;r cir Fiscal Msna~gerll3ate .Page 3 e~f "~ [Y: R, ~ r~2 y"7 4z ~ 3`.~ ~~~ ~~~ ~;~~ ,. „~ ~~~ ti 33.. a ,~ 6~ ~ ~ ~ Cx ~ ~ ~ c w '~ ar .~ ~ ~ i ~ ~ ~ © ~ EE ~ ~ ~ 3 I u ~..~ ~~ ~~ ~~~ 3 ~~ ,_~ ~~ G i ~ ~ ~ 3, 1. ~ w ~+ a w ..". '4^ .'~ ~ °C v'~.i R FA %t L c ~~ .~ '~ a ~~ L' :J y ~ ~ U ~ C ~ ~. G , '."J W ~ ~ ~. ~_ v ~ `~ a , ~ ~ ~ ~ ~ ~ ~ w Xs ~ 7 ~ , ~ K ~ F 7' ,C ~ ~ ~ ~. ~ ~ Ctl ~ ~ ~ ~ ~ N ~'" C .~ ~:' ;p ~' .,. w- ~ ~ `•~ u W ~ .. a ~ `° c '43 u u `~ ~ 'ir ~ ~ G i . ~% ~ U u ~ u. '''___ 777 'C v C ~, G SJ ~ i.~ ~ ~ i. .C w '~ D', ';r ~ ."~".. it LG~. ~ C t". V n Ci .~ w '^ w~ C u ~ ."~.'~ ~' :~~ ~ ~ ~ u ~ ~ a ~ L ~ ~" ~; ~ ~ ~ N G C+j MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director of Community Improvement Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: August 12, 2008 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 SELECTION OF EAGLE NEST HOMEBUYER ITEM BEFORE COMMISSION Request is for Commission to select a first, second and third ranked application so that the Neighborhood Services Division may secure a buyer for the Eagle Nest home located at 46 NW 12tr' Avenue. BACKGROUND On November 22, 2005 the City, CRA, Chamber of Commerce, Palm Beach County School Board and Atlantic High School Career Academy (also known as Eagle Nest) entered into amultiparty/interlocal agreement to build the first Eagle Nest project. As a result, the Atlantic High School Construction Academy is nearing completion of a three bedroom/two bath, 1500 square foot, single-family home located at 46 NW 12~' Avenue. As part of the multiparty/interlocal agreement, the City agreed to provide a first time homebuyer through its Renaissance Program and assist the buyer in qualifying for and obtaining a mortgage. The Neighborhood Services Division marketed this unique home ownership opportunity in order to locate a first time home buyer of very-low, low or moderate income. The home was advertised through several local social service agencies to reach potential first time homebuyers within the income limits. Three completed applications were received and approved within the designated application time frame. Requirements for a completed application were as follows: • Applicant must be a first time homebuyer and meet income eligibility requirements (household income may not exceed 120% of median income for Palm Beach County) for State Housing Initiatives Partnership (SHIP) program. Applicant must demonstrate that they are mortgage-ready and have a loan pre-approval. Mortgage amount must meet minimum requirement of at least $95,000 Applicant must have attended a First Time Homebuyer course The profile for each potential homebuyer is attached for review by City Commission. Request is for Commission to select a first, second and third ranked application so that the Neighborhood Services Division may process the file and move forward in closing on the home. One of the applicants (McGriff) does not presently qualify fora $95,000 mortgage; however, the Neighborhood Services Division believes that the applicant's income/debt is sufficient to support a mortgage in the required amount. If selected, the Neighborhood Services Division will work with Ms. McGriff to assist her in applying to other banks. Dependent upon which applicant purchases the home; approval is also requested for up to $75,000 in down payment assistance funds for the first time homebuyer. The maximum award is limited to $75,000; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to purchase the property at a monthly payment affordable to him or her. FUNDING SOURCE SHIP - 118-1924-554-49.20 RECOMMENDATION Staff recommends for Commission to select a first, second and third ranked application for the Eagle Nest home located at 46 NW 12~' Avenue. SHIP -Purchase Assistance Eagle Nest Applicatiof~ Homebuyer: Date Drafted: Partner Agency: DeveloperlBuilder: Location: Funding Sources}: SHIP Track Year: Subsidy Amount(s): Pre-Approval Amount: Lender: Unit Cost: Land Cast: Chaundra Williams July 14, 2008 Eagle's Nest Atlantic Community High SchoollCity of Delray Beach 4fi NW 12~h Avenue State Housing Initiatives Partnership (SHIP) 2007-2008 New Construction Subsidy will be based on final underwriting requirements $165,000 HSBC Mortgage Corporation $165,000 NIA Narrative Ms. Williams has been in the process of homeownership for a few months. She is a 27 year old teacher at Carver Middle School. She would like to purchase a three bedroomltwo bath home that has approximately 1500 sq. ft. of living space. Household Size: 1 Total Annual Household Income: $ 43,781.07 Conclusion Based on Ms. William's income as reported, the entire household is determined (in accordance with the 2008 FHFC Income Limits} to be at 94% of MFI for a one (1 }member household. The household does not exceed the moderate income limit of $ 46,200. SHIP -Purchase Assistance Eagle Nest Application Homebuyer: I]ate Drafted: Partner Agency: 13eveloperlBuilder: Location: Funding Sources}: SHIP Track Year: Subsidy Amounts}: Pre-Approval Amount: Lender: tJnit Cost: Land Cost: Ricky Adams July 3, 200$ Eagle's Nest Atlantic Community High SchoollCity of Delray Beach 46 NW 12th Avenue State Housing Initiatives Partnership (SHIP} 2007-2008 New Construction Subsidy will be based on final underwriting requirements $103,500 HSBC Mortgage Corporation $165,000 NIA Narrative Mr. Adams has been in the process of homeownership for a few months. He is a 35 year old, single father with a son, 10, and daughters aged 8 and 5, and a City of Delray Beach emp{ogee. He would like to purchase a three bedroomltwo bath home that has approximately 1500 sq. ft. of living space. Household Size: 4 Total Annual Household Income: $ 34,466.1D Conclusion Based on Mr. Adam's income as reported, the entire household is determined (in accordance with the 2008 FHFC Income Limits) to be at 52% of MFI far a four (4) member household. The household does not exceed the low income limit of $ 34,6D0 SHIP -Purchase Assistance File Narrative Homebuyer: Date Drafted: Partner Agency: DeveloperlBuilder: Location: Funding Source(s): SHIP Track Year: Subsidy Amount(s): Pre-Approval Amount Lender: Unit Cost: Land Cost: Debra A. McGriff July 21, 2008 Eagle's Nest Atlantic Community High School/City of Delray Beach 46 NW 12th Avenue State Housing Initiatives Partnership (SHIP) 2007-2008 New Construction Subsidy will be based on final underwriting requirements $ 95,000 Commerce Bank $165,000 N/A Narrative Ms. McGriff has been in the process of homeownership for a few months. She is a 50 year old, single mother of two children aged 19 and 12. She is employed at Lynn University. She would like to purchase a three bedroom/two bath home that has approximately 1500 sq. ft. of living space. Household Size: 3 Total Annual Household Income: $ 31,000 Conclusion Based on Ms. McGriff's income as reported, the entire household is determined (in accordance with the 2008 FHFC Income Limits) to be at 52% of MFI for a three (3) member household. The household does not exceed the low income limit of $ 31,150. MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: August 13, 2008 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 OLD SCHOOL SQUARE RETAIL SPACE/LETTER OF INTEREST/ARTIST ENRIQUE MARTINEZ CELAYA ITEM BEFORE COMMISSION The item before the Commission is to discuss and obtain direction on the sale of the Old School Square Retail Space. BACKGROUND The Old School Square retail space has been for sale and at least three parties (the Fireplace Company, Kings Deli, and the latest occupation as proposed by Westrock Ltd.) have shown interest, but no contracts have come to fruition. I have received another letter of interest from Enrique Martinez Celaya, an artist seeking to establish his studios on the property as described in the attached letter. The letter also provides that the price will be the fair market value of the property (the appraisal is currently being updated). The proposal also provides that Ingrid Kennemer shall be paid a commission by the City. The other item before the Commission is the award to the proposers of the RFQ for a broker to market the property. RECOMMENDATION City Commission direction ~.~ ti {~ .~ ~ i - .: f - ~.~ . R~~1 y ll ^ ~{ ^ ~n CIF •~ .- 9! tt ~: ~. ~,: T.. u w^ n~ 1! 4 ^ ~•n ~ I r , Lnriytte Vlartine~ Celaya: ~ot•ks ot1 Paper -- Oakland Musettrrt of CaIifomi~ Pale 1 of? ~.{ r ~, t tts~ti~ ~ 3tttt` `~~ ~"E ~ i ~ Currertt Erxltibititatta f U~corrttirtg ~xltibitic~ns { ~ t?ff-site xhilaitictrts ~ Exhilaiti~rt Arcltivr: ~ Ncavember 19, 2005-1>~arelt fi, 20(35 Enr•iqu~ M~trtirtez C~Ia~a: V91~rk~ cart Paptrr Oakes Gallery Presented by the art 1~~:cartrnEnt ~a "SEn~erul salee ~•hrrsvs trs=er tlreFrer.st fese~ y~cur~.s Frat°e rcfi rrliJierF Enrique st/fcrrtirrr~ C"~fut>sr cr:~ an artist cif rr•rnizlabdc~ intrllr~~nce rrrrcl ,~recrF poelFc~ cuFrac•irl•. " E.eaEt nllrnan. Lns ~arg~lE:.e !'ttrri~.5 (aver t}ic past decade, the prc~li#i€: Cut~an-born painter, sculptor, phatc~~-apher, poet, and ~~•riter. Ertriquc ~1-artinez Celaya has beccsnte recggnizcd as one of the ]eadin~ artists r~Flti~ ~er~sration, klis larkeiy figurative t<•arks mine the transiesti w=orld csCtinte and memory, identity and displacement, in in~a~es rart.gin~ front' a ljociy crrter~in~ from a mtrrrlcy las.~cape to a Mead in silhouette with spots of blood. ]tl Enrique 1L'lartinex Cela~•a. ~~'gr#:s ou paper. the [)akland ;~€useum o3'California presents the Cast shttw• detrote.d tp this aspect ~~the artist's Fork. !'t'ark.e arr Pra~c~r opera Saturday, ?~q~~errtber I~ and corttirtcles through Mars;lt 26, ?tTt3fi. ;titartirrez Celaya ~4ill present a slide talk at l ] a.m. on crpcnit~~ day. Ertric~uc fG'lartinez Celaya is }seat known fir his large paintirt~s and sculpture of`startlirt~ graphic impact that often fcscus on isolated body frar~*lnents---a head, a hand, art arm. This intimate i~tstahlatian of apprct~ir~~ately '?,€? harks on paper reveals an impcsrtant but little chplored aspect of''s?]artine~ Celaya's w°ork, aecordin~ to Kamen Tsujirnot~a, senior curator of art. Fnriqu2 l,Aa~tinsz Ge3aya, i?ove end t=:e +_rgr~test VYtKsd, 2000, i~ltaSerGalDr. paste( and inrc on papa;. ~s8 x 52.75 inches ,t,. Encfque Aiiarlinez Celaya Tract Pafrent. 20:()3. Watercolor on paper- 47 5 x 52 inches. .`This exhihitiorr males clear ltow~ lcey these 'meditations ctn paper' are to the artist: they e~.ist conc~:ptuaffy between his w`rititt~s and his ath~r visu;31 xs~orks," Tsujitttpto explains. "Collectively seen, they Cotm art e~s=oeatit=e t i~.!ral diar}~, rccordin~ not only >4~lartiner Cclaya's i~reati~^e intuitioxls; but ltis own psis-ate pil~rinta~+e (aw=ard ~rowfth and change." ;1: ~.~ : ,4._ ,c T ~~, . ,,_ ._ s;~~ .. ~, ' a Itttq:'iw~~•vv.musettrttea.ori',`exl~ril~it/er-h celava_ftml R~1 ,~?~I(1R Fnriquc. ~~artine;z Celaya: Warks on Pdper -- ~a~,land Ivtuseutn of California Pa~~ 2 of ? !l%tattint:z C:`elaya's self-dscribec3 identity as an exile., leis Catherlie upbrin~irt~, and bis aptitude tier science lime played major roles in his life. Bann irs Cuba its 19.fid, lie ~~as uprooted ai ale ei.~ltt to live in Spain. Three years later leis family riao~°~~i to Puerto Rico, where lie was apprenticed to a painter. I-~e excelled at 5eience, but his paintin.~t helped hin~ urrders€artd Che turntoii in his world. 'vtartinez Cclaya came to the U.S. in 19$2 for graduate :studies in applied physics and quantum electronics, and earned d~~r~?es at Carr€elI and liC 8erk~iey, respectively. Qn the brink of conrpletin~ a doctorate i.s~ pfitysics, he ultirriately chase art, tired earned art Ul.r.A. from University ofCalifcsrrtia, Santa 13arba.ra, in 199. Since his first solo exl~ihtian, Blcrek Pvintirrg~s, at tite I1C San1Ea Barbara Art Museum, in 1994, 4lartin~:~: Celaya has exhEbitesl in >wurrspe, Latin Arrterca, and thrott~hout the L;.S. His work c:an be fc~ua~~lsn itre collections of the Metmpplitan Museurt~ of Art, V4'hitney Nfuseum of Aruerican Art, Leas Angeles C'ounty'vluseuin of Art, and Muyeunt of f ine Art, Houston. ~4artin~~ C~lay~€ Iles iau~ht at ui~i~•ersities in Califontia ar~d throughput Elie U.S., and pttblisl~zd and edited se~~erdl bks of fiction, pac;try, science, and phiiosc~phy. '(tc2~ i.~;s61¢tr:tl 11i~;c•u~ti t,4~C :1li3ill'131i~ ~ E rw~ii~ ~ Phone: 510-~~$-22t1U beep: ~; «•~3'!]~.t~7[lseun~ca.or:~ieahibitlrxhi Gela~~a.l~tnnl c~ ~ i ~ r~nnsz lvnriyue Martinez Cela~a (Arncrican~, 146 - ~reatured artist s~~arks, exhibiiic~ns and bio~-... Fa~c 1 nf~ return tc> artnet.cam Baldt~ita Gallery Enrique Martinez Ceiaya ,, ~. & h • ~ ! ~~ Y. ~ w .~ ' ~.~ ~ ~ , 3~~ ~', tr. ,~y Enrique l~iartinez Celava Bav rrncl Gir-I urrd hlourttuitr.s 2[)05 ~.- ..,~.~.,. ;,~ ..x :: ~, ~~1_i ~ Enrique 11-iartinec Cela~xa Tlac~ far errd ~x~t1a~ ~e~lcf 2007 Bio~ra}~hy 19f>~ Born in Cuba 1978 - 1980 1452 - 1986 1986 - 198~) ] {.~~)? - i 99-~ i {39.~ Hanrc At-tists Exhilaitic~~r5 [nventc~ry 4A~nerican, ~ 9(i4) Enrique Ntarti~tez Cela3~a Thy Bnti~ Itaisirrg Iris .~rn~ ?0~?~ Lida do ArEe de San iuan San Juan, Pucrta Rica. BS, Coniell I,Jniv~r~ity Ithaca; ~~Y t~IS, Lni~et-sity of California Berkley, CA MFA, L?ni~•ersit~! of California Santa Barbara, CA. Skou•l~egan ;School of Faintirr~ and Scul~rur~ Sko~~~he~an, M~; ~~~ ~~;~ ~:f 1 ~~- .tee ~.,~. l;. Enrique Martinez Ce Tl:~ Fairly 200' }~tt~:/fs~~~s~t~~.artnet.cnmiGallcries/Artists cletail.asr-"'szid~l 1 iXr:~~ic~ =797 u;r ::~nrrQ Enrique ~lartine~ Celaya (American), 19(14 - )reatured artist works, exhibitions and biolr... }'age 2 of 4 Exhibitions 204G Splinter. Return, Greg Kucera Gallery, Seattle 2{}UG Schncebett, Museum der bildepden Kunste Leipzig. Leipzig, Germany 2{}{)~ Martinez Celaya. }arly Work. Whale and Star, Delray Beach, Florida 2UU6 Coming Home, Sheldon Memorial Art Gallery, Unit. of Nebraska, Lincoln, I~~ebraska 2UUG ohn Bergbruen Gallery, San Fran.eisco, California 2UU~ Works on Paper, Oakland Museum of California,. Oakland, C`alifon~ia 2UU5 Akira Ikeda Gallery, Berlin, Germany. 2UU5 E3ra~rer Museum of Art, Valparaiso, Indiana 2UU5 Griffin C`ontcmporary, Santa Monica, California. 2UU5 Jahn Berggruen Gallery, San Frarteisco, California. ZUU4 Sc}uieebett, Berliner `Philhaa~~ie, Berlin; Germany. ZUU4 Poetry in Process, CU Art Museum. $oulder, Colorado. 2U04 Bc~y, Liverpool Street Gallery, Sydney,. Australia. ZUU4 The October Cycle, 1~t. Lauderdale Museum of Art ?U03 Jahn Berggruen Gallery, San Frariciscv, California 2{}03 Neuberger Museum of Art, Purchase, NeYV York 2()U3 The October Cycle, Sheldon Merporial Art Gallery, Lincoln, Nelraska 2UU2 Massachusetts College of Art, Boson,lV[assachusetts 24U2 New Directions in Cai~terxtporat~l Art, Sheldon Memorial Art Galler;,•, Lincoln, Nebrdsk. 2UU2 Griffin Ccantempora~ry ?{)U1 Amerika -.Europa: lain kunstlerischer Dialog, Van der ~,Ieyclt-l4'luseum, 1~'uppertal, Cier~ ~UU1 Tl~e Orange Cvt~nty Museum of Art, Newport Beach, California !/Jnriclue Martinez Cela~ Tl~e Contemporary Museum, Har~olulu, Hawaii ZUUU Galeria Rantis Barguet, Monterrey, Mexico 2UUU Ne~ct VL`ate: Ne~v Painting in Southern California, Cali#i~n3ia Center for the Arts Escond 2000 Made in Califortaia, 1999-2DU{}, Los Angeles County 149useurt3 of Art Los Angeles, CA 2U(}U Griffin Contemporary Venice, CA 2UUU Cial.4ria Ramis Banquet Now York, NY 1999 Andrew Mtrrr°r~~tery Gallery Londop, England 1999 ARCO, Cutting ledge Madrid, Spain l 993 Recent Acquisitiaps, Los Angeles County Museurra of Art Los Aaageles, CA 1{)99 PegErena )~armato 98.99, Mused de las Americas San Jua,7,1?'eurto ltieo 1.998 Baldwin Gallery, ;Aspen. Colorado 1998 Galerie T-l9 Vienna, Austria 1998 Frederic Spitzer Gallery Miami, FL 1998 Caalerie Baumler Regensburg, Germany 1998 Griffin Contemporary Exhibitions Vcrtice, CA 1997 Burnett ll!liller Ctallery Santa Monica, CA 1997 Galena Luil;i Marrozzini San Juan, l'uerta Rico http;Ii~~=~•~~~,artnet.conliGalleriesr~rtists detail.ast)?aid=111c~,aid-379T Rit~i~(1f~R Enrique Martinez Celaya (Anmcrican), l 9b~ -Featured artist works, exhibitions and biogr... :Page 3 of 1997 The Pernmaalent Collection, The Contemporary Musetam Honolulu, HI 1997 Conttrmporary Arts Foram Santa Monica., CA 1996 Bronx Museunm of the Arts. Bronx, New York 1996 Rena Bransten Gallery, San Francisco, California Literature ZUU4 IYlarie Luis~e Itnott, Kiinstler dieser Au~gabe: E.M.. Celaya. Le l~ic~nde I:)iplot~atique. Nc 2UU4 Tunmer, l~lisa. The PnncE of Darkness. Tlae 1-Jerald, 7 March:3i1r1, SM; 2UU~ Damian, Carol. Enrique Martinea Celaya. Art~lextas, No. ~3 'Vol. 3:129-13U; ?(}U~ Becker. Lisa Taruiris. Enrique ]1~4artin~z Celaya: Pootn~~ in Proe~ss. Cc~lor~~fo L?~ii~~ersity Bulletin, Volume ll:l (photo), 3; 'UU4 Rakow, Mary. Looking for a Context for Martinez Celaya's «c~rk. v~~orks ~- con~~ersaiio~ 9:(Qctober:l~-13; .,0[l~ 1~'hittaker, Richard. A ConFersation with 1/nriyue il~lartinez Celaya, Sell'. Beyond Self conversation, N~nmber 9:CJctober:2-13; 2UU~ Gilbert, James. Enrique Martiraex. Celaya. Flaunt, No. 5:86-89; 2U04 Oksenhont, Stewart. V>rinter's Gliild. Aspen Titres ~Vt;ekly, 21-22 February; 2t}t)=1 llassebroek, Ashley..~riist, curator collabcmrate for exhibition now at Sheldon. C)nmalma ~~ January 12; ZUU=~ Turner, )vlisa. Critic's Pick. The 1-Ierald, 2fl Februa€~+3i; ?[}U~ Mcltllan, Marian. The Birds. Tie N`ew Orleans Art Ret~ie~v, Ularch,~Apri1:26-29; 2UU3 Genocchio, Benjamin. An Ethereal ~4'orlcf, E~cplorcd Breath by Breaih.'~It:~i~ York 7'imc: 2UU3 Oilman. Leah. lrm A `Silent ~easvn. Art in Arr~criGa, ;l9ay:l 32-] 13; 2UU3 Doul;las, Sarah. Emirique lVl'artinc.~ Celaya: All the Field is Ours. The Art NTewspaper, Nt 2UU3 Siedell, Daniel A. The- October Cycle, ZUUU-2[)U2. Pages 13-?9 in 'I`he October Cycle, 2, Seattle, Washington: Marquand; 2UU3 McEvilley, Ths~tnas. lVlartinez Celaya: No :H~ariznn Lime. Pages 5-1:U in Ali the field is a Monica, California: Griffin Coritemps~rary; ~UU3 Rosenberg, .lert:my. Griffin Ors the I1~Icr~-e. A:rt and Auction. Nuvc:zrtbea-:1fi1: Exhibition l tl~e Con2ing Season, Art in America; Au~;u~t; 2UU3 Scott, Carolyn Patricia. A colorful tmew Martinez Celaya. l.os Angeles ~~inmcs. 18 IL~ot~en ZU(}3 V4'blgarriott, L. Kent. Top l U art shows of 2UU3. Lincolr- Journal Star, 28 December. 2UU? Leah Ollman,'Prirnal Enmotions Evoked in 131ack,' Los Angeles Tunes, N'csveniht:r 1, p. 1 2U42 Guide, t~'~'t-ale and Star anti VVilliarn Griffin Editions, Los Angeles, California ZUUZ Sketches of Landscapes: P1milosophical Explorations, l~vlmale and Star Press, Ltjs Angele: 'UUl Carl f-1ey~~ard, Art Papers, May;June, g. 53 ?UU1 Tanm >3reidenbach, Art Fontm; )yelaruary, p. 1~ 2UU1 October, Cinubia, Anzsterdarn~ The Netlmerlarmd.s 2U01 Leal3 C)llman, 'insight within Arum's Ruch;' Las .Angelees TiErteS, November 26, p. F2 2[)UI Peter Kirby, Cnrique Ni~ar°tinez Celaya: Studio Days, (video) ~'~ledia Art Services, Venice ~U(.1I Abigail Solomon-Ciodeau, CharIcs 1~-1cre~~ether, Nc~wartl Fo~c, Jay .lenstn (ed). Enrique P Ct±laya 1932-2UUU, ~'ienand. Cologne, Crert`nany ~DUU Collette Chattopadhyay. 'Fznrique l~iartinez Celaya at Griffin C.c~ntemporan•,' Art 1~'eek, pp20-21 http:%'~~~i~~-.artnet.com!GaIleri~slArtis~ts_d~tail~.asp?~id~~111 &aid =3797 $~ 13 20U8 Enrique Martinez Celaya (A~~erican}, 13b4 - featured artist works, exl~ibitions anti biog... Page ~ of ~ ?(}~)0 E~'a p'orgacs, Art Issues, 3anuary!;~ebruary, p. 49 2000 Christopher Knight, `Catching the'Next Wage' of Painters,` Los Angels Times, Juice 20 200{) Leah UIlrnan, `Poetry in Pictures,' Los Ange3es Tines, May 26, p. E-21 1 ~~~ Leah Oilman, 'Enrique Martinez Lela}'a at Griffin C;onternporary Exhibitions,' .Art in An 15fi 1 X99 Walter Browning, 'Terminal Thoughts,' Hampstead a'nd Highgate Express, November 5 1339 ~~,~' Trueblood Brodzky, unbroken i'oetzy: °l~'he Work ofEnriy:ue Martinez Celaya,l~h Press, Los Angeles, California 1 i)99 Peter Frank, Art~ie~;~s, February, p. 1?3 19913 Abigail Solornc~n-C~ocleau. €'eter Frank and [vI..A. Greenstei~t, Kerlin, Tl1e Fraglit~r o1`Ne Contemporary. Venieez Catifernid .1:'2007 a~rtnet -The art ti~°orld online:. All rights reserved. artrret is a rel;istereel trademark of artnet ~'4'or http:,', tiv~v~v.artnet.com/Cral]cries~Artists detail.a:s~`?~id=1 I 1 &aid=3737 8; ].312(){]R Enrique'1!lartitiez C:elaya _ Wikipedia, the !'ree encyclopedia Enrique M~~~~~~~~~.~:rt~~~,~~~t~~~~~~~t~fk,aca-~~~cycfgc°r From Wikipedia, tl~e free enc~c~opedia Enrique I~•lartioec Celaya is a painter. sculptor, photographer, poet. and writer. 1-le is best known for his large paintings and sculpture of siartlinl; .graphic impart that t~ften focus on isolated body lragmc:ljts---a head, a liattd, an arrn. His largely. figurative works mine the transient la~orld o'f time and memvr}', identity and displacernt~nt. Can>~ents . 1 [~ifi: atxd art ^ 1.1 f:arly life and work ^ 1 ? Rceent work ^ ] 3 Books ^ 1.5 Teaching ^ 2 C~uotes ^ 3 References ^ ~ External links Life and art Early life and work Born 9 June 196 Palos, Cuba ;Vatinnali.t}• Cuban American Page 1 of ~ I~"i~ld Painting;, Sculpture, PhcitographF. Poetry, Writing Trainia~ University cif California, Santa Barbara, 5kc~~l~e:gan School of Painting and Sculpture, University. of California, 13erkedey°. C;nrn.ell U13IV~rSItV Inflaenc;eci la~• Jasepl~ Beuy°s, l,cr~n Gc~iub. Herman lvl~lvil;le,, i.udvvig Wittgenstein, Harm Martinscan Aw--ards .And~rsoit lZanclt National Artist Award, California Co~~txtunity Foundation l+ellawsl~ip,1. 1;'aul Gctty~ Trust Fund for the Visual Arts, Los. F`~n~eles County Museurti ufArt -- Art 1lere and Nov Award. The HtT5C17 Csrant l;nrique i~fartinez C:'elaya's self.desrribed identih~ as ani exile. his Catholic upbringin~Z, and his aptitude for science have pIa}~ed major roles in his life. 1\fartinez Celaya was born in Palos. Culza un June 9. 19fi~. He rras uprooted at age eight to live in Spain. Three }'ears later, his family moved tc~ Puerto Rico, r~~here he rr~as apprenticed to an aradzrnic painter. 1-le excelled at science, but his painting helped him understand the turm«il in his rr•orid. ?~~lartincz Cela;~a came to the-, United States in 1 t3;~? as a student. He received a l3S in applied .physics frc~tn Cornell 11ttp:i%cn.rr•ikipedia.or~l~~iki::Enrique_l~laTtinex Celava 8f13~`2f1(1S Enrique Martinez Gelays~ lrtrique Martinez Cela~°a u~otkin~ on his 1"nriyue Martinez Celaya - Wikipedia, the free encyclopedia university in 198b and at1 MS in yuantunl electronics from the university of California, Berkeley in 199. att the brink of completing a doctorate in physics, he ulii111ately chose art,. and earned an MFE1 with honors from the U1liversity of California, Santa Barbara. He attended tht Skowhegan: School of Painting .and Sculpture in Maine with a fellowship. In add:ikioll to painting, M:aninez Celaya published poetry, built a laser, and reeeiE•ecl prizes frorn the Department of Energy atld the National Congress of Science. In 1994, he recei~°ed recognition and patents for leis work at Brookhaven National Labarator}~ and the :Electronics Research Laboratory in Berkeley. Recent work Martinez Celaya's art is largely figurative, focusing at1 the llunlall body and parts o'f the bod} . 1-ii=~ :body of work has. elicited comparisons outside the visual arts to the writings of Paul Celan and Joss Saralna~;p and. the philosophy of I~,udwig 1~t'litgenstetn. \omad -~ For his solo show in 2007 at the l~iatlli Art Page ~ of 4 Museurn in iVliami, Florida, Celaya created a group of Bye large-scale, oil-and-~~ax paintings which oxplore issues of exile and rootlessness. Partly irtspired by the wark.s of S~'edisll past and Nobel Prize laureate Harry Martinson, the paintings evoke the rrearn-Tike state of suspension in ~~~hich the exile lives: time passes and yet nothing c11~.11ges. Schneetiett - I.nstatled at the Berliner Philharnlanie in Berlin, ~iermany, in 20{14, this large-scalt installation--- tl~e final stage in the artist's Beethoven cycle---served as a counterpoint tc~ the musical perforlnances. The project also included booklets for the public written by Che artist, perfnrnlances by t11e orchestra and a public lecture sponsored by the Alrlerican Acaderlly in Berlin, The Contemporary Museum, Honolulu, the Metropolitan Iviuselzm of Art, the VVhitlley Museum of American Ari, tilt .LOS Angeles County MuSCUrrt Of Art, the ?vluseurn of Contemporary Art {Los Angeles} and the Museum of Pule Arts,, Houston are a111ong the public ~al]ections holding workshy Ellriquc 'Martinez Celaya. He currently lives d11d works In Los Angeles and Delray BtaC~1, Florida. Books Martinez C~:laya has published and edited several bapks and essays of hetinn, poetry, science, and philosophy. In 198 he founded V-'hale and Star, a publishing Iiouse whose books are distributed int~1-rlatianally by the university of Nebraska Press. Rodent titles include "Martlnez Celaya. Early ~'Vork" and "XX", a bank of lyrics and photographs ofthe Co;vhoy Junkies, with watercolors by Enrique '1~iartinez Celaya. .a~i~ards http:.`'en.~•ikipedia.orgh~~iki,~nriyue_ Martinez Celaya ~i I 31?008 Boy Raising His t~rln. Instatled at St Mary's Cathedral, Li~nericl:, Ireland, Ql'l':~I .~ V~' a 20Q7 Enrique 1~9.artinez Cclaya - VVikipedia, the free encyclopedia F'agc 3 0#'-1 In 19981Vlartincx. Ct'Iaya received Los Angeles Caunty Museum of ,art's Art Here and I~Tow .Award, in 20fl1 the Hirsch Grant, in ?(302 the Rosa Blanca rl~vard from the Cuban Cojntnu~~ity, artd in 2004 the Getty Foundation Atx~ard. ttt the summer of 2007 he was given the prestigious Anderson Ranch National Artist Award. Teaching Martinez Cclaya teas a tenured professor at Poritona College anti the Ctaremont Graduate University until leis resignation in 20fl3. H.e has far many years served as a popular and influential teacher at the well-known Anderson Ranch Arts Center workshop. i-Ie is currently a Visiting Presidential Professor at the University of ~lebraska. Quotes "Being ethical away from the wartd is easier than in the ttrartd. l think some peopte see the path ©f abstraction as pure, uncompromised, but it could just be avgidance; artists tvho insist on removing [heir tvo~-k from hutna3~ struggles take a tidy path, which scorns especially wasteful :far those whose lives are in turrnail and co~zfusian."ill "Time is an ins€irmountable gap only negotiated through memory, remembrance, regret, longing, Iove. [ think tt•e are rarely blessed ~t~ith the abilit}' to sec. the present fair what it is--all that there is." [?] Reference ^ Colaya, Enrique .Martinez, R~rll-a, Venice Beach, CA, Griffin Contentparary E~hibitinns, 1998. ^ Colaya., Enrique Martinez, ~3 dress curd a Dati•e for Her ltffarriug~ of Fi--~ crt:cl Four 131arrkets to 1SPP~1 ~1er frpfll ~1fr1111tg, Santa Ana, CA : Ilaniel Arvizu Cutlery, 1996:. ^ Martinez Cclaya, Enrique, Fnrir~ue ~~arti-2ez Celc~t=a, Pai--tings front X994 unct 199.5, Santa Monica, Calif, I~orathy Galdeen Gallery, 1.995. ^ li~(artinez Cclaya, Enrique, E,rrr~uc~ It~urtirrez C`ed~t~a, The (.~ctoher C~~ede, 200D-111(1?, Lincoln, NE, Shetdon Memorial Art txatlery and Sculpture Garden in assaci~.tion w.°ith Maz°quand Books, ?003. 1. ^ Richard ~'4'hittaker {?004), .4 c•orrt°efsatia-z rs~itlr Errrigrre :~lcirti~ez Cel~r~~a: Seff c~rtcf bey=arid self, Forks + conversations ?. '` L. Kent Wnlgamott (2004), A co~tversatla-a l~et~ ee-t L. 1~e-rt d~'ol~;crrr-ott a-acl lr-rriclc~e 't1~-rtE--ez Celai~cr, Lincol~~ Journal Star External l~n~s ^ Enrique Itiartinez Cetaya`s Blag {http:f;w•wtu.martinezcelaya.camlemcbadtimefarpaetry.html} ^ ~'~"hale and Star -Book Pubtisl~ing (http:ffwhaleandstar.canv) ^ Official Enrique Martinez Cclaya V4'ebsite (http:t/martinercelaya.eom!) ^ artnet (httpJftvurw.artnot.convartistr'3797;onrique-martinez-ceIaya.html) ^ v~w-t~•.artfaets.net (httR:/,`www.anfacts.notiindex.phplpager}~aefartistinfolartist`15E~53} ^ Gn:g kucera Gallery (http:/fw•tvtt=.gregkucera.cam,'celaya.htrn) ^ LA Lauver Gallery {lYttp:fiIa]ouver.cornfhtml/eclaya_bio.html) http:,'ion.~vikipedia.orgiwikifEnrique_Martinez Cclaya SI1.3!'?flf)R Ei~riyue Martinez CcIaya - 1'Vikipedia, the Fri; eneyciapedia ^ Sara lVleltzer Gallery {http:liw ~•w•.sarameltzergallery.coin/~lrtist.php? art ist=niarti nezcel aya} ^ Lip°erpool Street Gallery (http:/; ~~~~vw.iiverpoolstgallery.com.auldefault.hEml} ^ Enrique Martinez Celaya named Presidenfiial Professor at University of Nebraska (http:liwwu .ne6raska.cdu/newslreleases.aspa~?i= 26fi} ^ ~~'orks on Paper, Oakland lt~luseum of California (h ttp:r'iwwv~~.tn Llse umc a.orglexh ibitlexh i_celaya.html } ^ Akira Ikeda Gallery {http://w~~vtiv.akiraikedagallery.comiindex.htinl} . Baldwin Galleryy {httpahvvv~r.baldwingallery.c~arni) ^ John B~rggruen Gallery {http:!/wwv~~.laerggruen.com/) IZc:tC14'Ved front Page 4 of 4 °http:/ten.wiki}Media.orb=«ri'kill~r~;ri~}ue_i~lartinez Gelaya" '`~l~e Enei ot'TCaged}~' (detail), ail. graphite, varnish and collage on gaper b; Categories: Cuban artists ~ American artists ~ r'lmei-ican ~rique Martinez Ceiayg, 195, The ~~-riters Garnett L'lltVerSlt all1SI~I11 - 1 nrst~mnrnr~ a~ ~~tiicPi~j.,.:fifll]:fJlll~l,l Tliis page vas last ~nodifted on 1 August 2048, at 114:09. AI] text is available under the terms at'the G1VU Free I3ocumentation License. {See C4p-°ri~hts for details.) ~~'ikipedia~ is a regast~:red trademark afthe Wikimedia Foundation, Inc., a U.S. registered 541{c} (3}tax-deductible nonprofit charity. hltp:,-'en.~;~ikipedia.ar~.~v~°ikir`Enric~tle 1l~lartinez C'elava 8i13~`240$ ~~Ye:~ ~7 y' V ~ ~~ ~. ~ Ir' i~~. ail' ~~ ~ ~.~~ ~~ y} ~ l; - ti ~ /~ section M pages 3,5 I SUNDAY, MARCH 7, 2004 ARTS BLACK HOLES: Enrique Martinez Celaya favors stark and simple statements that evoke loss, like the empty boat in The Helper (Abruptness). ART VI Y ELI T elisaturn@aol.com His paintings come from places where most of the lights have flickered and died. Looking at them, you feel as if you've stumbled in from a leafy outdoors noisy with sunlight bouncing off cars and kids, having just pushed the door open onto a house boarded up for years. Other paintings can make you feel as if yoube left a familiar kitchen, bright and busy with pots simmering and knives chopping, and then stepped into a living room just as the power fails, when arm chairs and family photos vanish into a chilly black hole. The heavy darkness in the paintings of Enrique Martinez Celaya can make you blink and squint. You want to peer into their light-devouring voids, trying to make out the telltale surroundings for his chalky white outlines of men, women, and children, trying to figure out where these hollowed-out families, who are really more phantom than flesh, belong. The tantalizing pleasures and secrets gingerly offered by this dark art, part of the artist's October Cycle now at the Museum of Art in Fort Lauderdale, are dense with layers of oil paint and emulsified tar. They usually outweigh the annoying way their murky, mucky surfaces can trigger eye-strain. As your eyes become accustomed to Martinez Celaya's moody nighttime palette, the artist lures you into the delicate task of refocusing, of starting to see absence as well as presence, to recognize how even a contrasting, glowering black abyss of loss, of black near- nothingness, can pump rare strength into the faint glow of what has survived. In a talk last week at the Museum of Art, the artist tried to illuminate his aesthetic of absence and loss in a body of work that includes photography and sculpture as well as painting. Based in Los Angeles, Martinez Celaya has seen his career take off in the past decade, with his art entering museum collections in Germany and the United States, including the Los Angeles County Museum of Art and New York's Metropolitan Museum of Art and Whitney Museum of American Art. One of his paintings also hangs in the striking corporate collection at Miami's Four Seasons Hotel. "I was fascinated by the way he changes from one exhibition to another," said Jorge Santis, a curator at the Museum of Art in Fort Lauderdale, who invited the artist to create alarge-scale mural near the entrance to the exhibit. "There are so many facets to his work. It's realistic, it is minimalist, but it is also romantic, passionate. I think there's an inner suffering in many of his pieces that comes from his Cuban roots." During his time in Fort Lauderdale, Martinez Celaya wanted to eat only Cuban food, explaining that it was hard to come by where he lives now, Santis said. In talking about his own varied work, Martinez Celaya doesn't express such visceral desires. He can wax into a passionate but windy philosophizer, even a killjoy when it comes to understanding why some visual artists get their kicks from tweaking the excesses of pop culture, a subject his severe, almost monastic paintings avoid. MISERY IN MADRID The absence of another subject dramatically shadowed his talk. He barely grazed over his memories of leaving his boyhood home in Palos, Cuba, a small town surrounded by sugar-cane fields and located on a road leading to Varadero Beach. In 1972, when Martinez Celaya was 8, he and his family moved from Cuba to Madrid. It was a miserable life of severe poverty, played out against seasons of cold and early dusk, beginning with the month of October. That's the telling namesake for his series of 22 paintings now at the museum, in a show organized by the Sheldon Memorial Art Gallery of the University of Nebraska. I have fought so hard to make the paintings not just be about exile," he explained, with an expression that combined frown, sigh, and a quick, rueful smile. "Exile implies loss but there are other ways of loss. In each talk I add something and I take something out of the story." But his is a story, like The October Cycle, about etching thin rays of light in dark times and places. Sometimes those rays of light are as weak as the winter sun, like those outlining a father and son in his painting The Distance. "Spain was such a shock. We were beyond poor. My father couldn't find a job. We lived in a storage place without a place to take a bath. It was not just exile, it was the sense of The faint white outlines of father and son in Distance. Artist forces your eyes to adjust to the darkness being completely dispossessed," he recalled, as he walked around his show at the museum. "Creditors were coming to the house banging on the door." Their digs in Madrid had no windows. Tensions flared. It was such a contrast to life at his grandfather's home in Palos, where Martinez Celaya spent much of his time, while his father worked on a cane plantation and his mother taught school. Comfortable despite its layers of peeling paint, the house opened onto a sunny courtyard shaded lightly by a fir tree. In Madrid, Martinez Celaya looked to art as an escape, though he didn't care to paint the courtyards of his past. Somehow he laid his hands on a book about Leonardo da Vinci and spent hours trying to mimic the secret of Mona Lisa's smile in his own drawings. In a talk he showed a skillful drawing he made after arriving in Spain. It was the face of someone sleeping, but the slumber seemed so airless and final. Its disembodied clarity resembled a death mask. "Definitely our life there [in Spain] was a death," he said. "There was a hopeless kind of life. Every day was the same as the day before. I was just waiting for something to change." SCIENTIFIC TRAINING Change came in 1975, when the family moved to Puerto Rico. Martinez Celaya studied art but developed another passion: science. Bright and creative, he built a laser for a 10th grade science project, and won an award from the National Congress of Science. He graduated from high school as valedictorian and headed off to Cornell to study applied physics. Next came graduate school in quantum electronics at the University of California, Berkeley, and a job at a laser company, where he patented four inventions. But much of this time he was still painting, selling art in San Francisco parks. In the late 1980s he left scientific academe and returned to art, and later earned an MFA from the University of California at Santa Barbara. "I did it because I simply couldn't afford to leave my life outside once I entered the door of the lab, which is something you have to do as a physicist," he said. "I did it because I want to bring my life into my work." In The October Cycle, Martinez Celaya paints the mysteries, sorrows, and longings of life as both parent and child. At 37, he is a stocky man with short dark hair and a penchant for soft-spoken but intense conversation, voicing surprise at how much life as a father has seeped into his life as an artist. He and his wife of five years, Alexandra Williams, have two small children, Sebastian and Gabriela. Gabriela (First) is one of the most memorable paintings here. It shows a mother tossing a baby in the air, or perhaps catching her as she falls. It is not sentimental. The figures gleam as the barest suggestions, their reaching-but-not- touching-hands more vivid than their faces. Six small dashes of light float across the black void cloaking these figures. ON EXHIBIT: Constellation (Permanence) at the Museum of Art in Fort Lauderdale. As an aside, the artist explains that the points of light represent his daughter's six birthmarks, the possible symptom of a congenital disease. When he painted this work, he and his wife were in the midst of determining whether she had the disease -learning eventually that she did not. But whether you know this or not, the painting is a hauntingly spare scene of life's fragile bonds, of gifts that come and go, and of the capacity of art to say much with a few threads of light that are deceptively simple. Like the pinpoint beams of a laser, Martinez Celaya's pale brushstrokes pierce their target, life, at its core. Elisa Turner is The Herald's art critic. SMART BOX -___________________ d'= 1°OU GO Enrique Martinez Celaya: The October Cycle, 2000-2002 is at the Museum of Art, 1 E. Las Olas Blvd., Fort Lauderdale, through April 19. Hours are 1 1 a.m.-7 p.m. daily; closed on Tuesdays and selected national holidays. Admission is $6 for adults, $5 for seniors, $3 for students and $ 20 for a family of two adults plus children. Free on the first Sunday of the month. For details, call 954-925-5500 or visit www.MUSEUMofART.org Enrique Martinez Celaya paints a mural mixed with his blood at the Museum of Art in Fort Lauderdale. _' 1~rt in l~nerica May 2003 132 May 2003 Enrique Martinez Celaya: Gabriela's Laughter, 2002, oil and tar on canvas, 77 by 60 inches. Collection Herta and Paul Aneir. While often working in a multiplicity of mediums concurrently, Cuban-born artist Enrique Martinez Celaya remains acutely aware of the limitations of each. A recent retrospective and a new cycle of paintings highlight the contradictory impulses at the core of his enterprise. BY LEAH OLLMAN They say each person is an island, but its not true, each person is a silence, yes, that's it, a silence, each of us with our own silence, each of us with the silence that is us. - Jose Saramago, The Cave Enrique Martinez Celaya's recent 10-year survey exhibition, organized by the Contemporary Museum, Honolulu, had all of the textural richness of a fugue. His paintings contain strata of concealed imagery and sometimes embedded objects, like feathers, artificial flowers, butterfly wings and hair. Dirt and flower petals float in his resin sculptures of body parts, and poems appear incised upon their surfaces. His photographs are occasionally painted on, after being printed from negatives he has altered and scratched. Such Though physically imposing in size (up to 10 feet wide), the paintings feel restrained, purposefully quiet. Painted in oil and varnish on grounds of emulsified tar, their surfaces are dark and rich, fertile as humus and as primal. They oscillate between thick and thin, matte and glossy, dense and translucent. In places, paint drips in thinned streaks down the canvas. In others, the artist furrows into deep, viscous tar. An animate darkness presides. The warm, brownish black evokes neither night nor despair, but a primary condition, a place of begin- ning, anterior to light and language. Into this rich silence, Martinez Celaya voices his world, one element at a time. A man. A tree. Snowfall. A rainbow. A h'ld No Doubt Good Writing, 1995, charcoal and collage on paper, 17 by 16 inches. c i mrerweavmg ana iayenng feeds into the reciprocity of the artist's working process. His written notes might invoke a sculptural idea, which in turn might generate a poem or give rise to a painting. Since the conclusion of that show's tour last year, Martinez Celaya has created a spare yet intimate new group of paintings, "The October Cycle." He showed the work-concurrently at Griffin in Venice, Calif, and Danese in New York-in uncharacteristic isolation, without the company of corresponding work in other mediums. Between this purer mode of presentation and the work's own emphasis on fundamental emotions and conditions (tenderness, sadness, grace), "The October Cycle" came across as uncommonly concentrated, less like a fugue than the clear, resonant tone of a single bell. m me srumm~g t~anraeca s Laughter (2002), named after the artist's young daughter, an adult figure in pale outline half stands, half sits in darkness. Brilliant light cascades from an intensely radiant source above, fanning out and enveloping the figure in its blessing. Laughter and light, as suggested by the title, have converged into a single affirming force. Light (2002) has an urgent, brooding kind of beauty familiar from the landscapes of Albert Pinkham Ryder. The simplest denotation of a tree, a trunk dividing upward into two thick branches, appears against placeless black. As in Gabrieia's Laughter, light redeems this darkness, too. A muted luminosity emanates from the crotch of the tree, as if it had been nesting there, a dense glow spreading its pale, thinning rays. Rugged textures and translucent veils in the paintings convey a sense Arz in America 133 The fragmented body parts in Martinez Celaya's work conjure larger discontinuities within physical experience and enduring memory. of shifting space, space-in-process. These are staging grounds for becoming, rather than fixed locales. Martinez Celaya named "The October Cycle" after the startling transition in seasons thathe experienced for the first time at the age of eight, when he moved to Spain from his native Cuba. October became, for him, a metaphor for premonition and revelation. A few years later, his family moved again, to Puerto Rica He had begun studying art as a child, and he continued developing as an artist but simultaneously proved himself something of a prodigy in philosophy and science, publishing papers by the time he was a teenager. As a college student, Martinez Celaya relocated to the U.S., earning his B.A. in physics from Cornell University and continuing with graduate study in quantum electronics at the University of California, Berkeley. He switched to the graduate art program at Berkeley but left after a short while to work at a laser company (where he took out several patents in laser technology) and to paint. He later enrolled at U.C. Santa Barbara, where he earned his M.F.A. in 1994, and moved to Los Angeles, where he has remained, teaching at Pomona College. The figures that have recurred in his paintings over the past decade are vaguely male but have no specific identities or detailed features. Their one consistent quality is their inwardness. Their eyes are nearly always closed, and their backs curve in a slight hunch, as if reflexively protecting a fragile interior. These are portraits of the introspective self, reckoning with the circumstances of loss, transcendence, memory and impermanence that have shaped Martinez Celaya's sensibility. The experience of never living two consecutive years in the same house until he was 18 exiled him repeatedly from his past and forced upon him the condition of the stranger with perpetually unfinished business. For him, looking became synonymous with looking back. Last year he published Guide, a fictionalized account of a dialogue 134 May 2003 Map, 1998, oil on fabric, 48 inches square. Collection Stephen Cohen, Gos Angeles. Milk, 2002, oil and eneulsified tar on canvas, l00 by 78 inches. Courtesy John Berggruen Gallery, San Francisco. House of Arms, 1998, wax and titaniune dioxide, 27 inches long. Collection Stephen Cohen. about art and its meaning that he had with an older mentor while on a road trip up the California coast. In the book, Martinez Celaya allows himself two voices, one in quoted conversation with his companion, and the other silent and italicized, augmenting and second-guessing the first. His process pivots on both faith and doubt, he writes. Faith in a medium's possibilities fuels his efforts; doubt in its capacity to measure up to the intensity of lived experience infuses those efforts with an aching sense of displacement. Working in numerous mediums concurrently, he remains acutely conscious of the limits of each. He wrestles, through his work, with the prospect of meaning being located just beyond the boundaries of expression. In No Doubt Good Writing (1995), he painted in white over a page of his own writing, then adhered the page to a larger sheet blackened by charcoal. "I could not live with what I had written," he has stated in regard to the work, "but I could live with the writing denied." A cycle of searching, defining and undermining plays itself out openly here. It's a process that is also at work in early canvases that the artist cut, then stitched back together, and in the recent paintings, with their images buried under layers of blackness. Clashes between affirmation and denial, repair and violence, redemption and loss all lend their friction to his work. In the early '90s, Martinez Celaya reduced his vocabulary to a modest set of primary images that he has used ever since: the human figure, birds, trees and flowers. He practices a kind of blunt poetry of essentials, stripped of small talk, using a palette of charged, basic tones-milk, earth, blood and light. The hummingbird appears frequently as a metaphor for consciousness. Its own duality-fragile yet sturdy, delicate yet aggressive, capable of stillness within continuous movement-mirrors the mind's syn- thesis of opposing impulses. Heads and hands also recur often in Martinez Celaya's work, usually in isolation. In the 1998 painting Map, the image of a pale, truncated arm dangles unanchored upon a ground of florid upholstery fabric soaked blood-red. Thin red lines trail across the arm, more like branching rivers than veins. Martinez Celaya, like Guillermo Kuitca, asserts the validity of a personal, bodily geography, in which demarcation of temtory parallels the articulation of experience and meaning. In The Empty Garden (1997-99), a large silhouetted head seems to have fallen like a dead weight into a lower corner of the canvas. The neck drips like a fresh wound. Feathers stick into the milky white ground near the chin, and small, rolled scraps of canvas poke through slits in the surface. The mouth hangs open, bereft, as dispossessed of speech as the feathers have been deprived of flight. Arz in America 135 The EmpTy Garden, 1997-99, oil, tar, and objects on canvas, 84 by I00 inches. Collection Christopher and Tracy Keys, Gaguna Beach. In Rosemilk the visual overlap of split tree branch and cruciform torso reads as romantic - a confluence of spirit, body and nature. Rosemilk, 2002, oil and tar on canvas, 78 by I20 inches. Private collection, Corvallis, Ore. The fragmented body parts in Martinez Celaya's work evoke larger discontinuities within physical experience and memory. A head or bird's wing or flower petal invokes the larger whole from which it is detached. It channels our attention to what's absent. What isn't represented then becomes emblematic of what cannot be represented-an entirety, a full understanding of the workings of consciousness. That polarity between the possibilities and the limitations of representation (again, faith and doubt) drives Martinez Celaya, and links him, soul to soul, to the poet Paul Celan (1920-1970), whose writings have served as his touch- stones for the past decade. Celan, a Romanian-born Jew, lost his parents in the Holocaust: his father died of typhus in a concentration camp, and his mother was shot. After the war, he resettled in Paris and ultimately drowned himself in the Seine. Though he wrote in Lerman, he struggled against its loaded status as the language of his enemy. In part to reinvent the language, and to reclaim it, he conjured a wealth of neologisms, compound words that compress multiple associations into singular, densely emotive form: breathturn, threadsuns, smokemouth, madnessbread,sleepscraps. Martinez Celaya conjoins disparate images in much the same way, adhering rose petals onto the silhouette of a head or setting birds across a figure's eyes and mouth. In one of the new paintings, Rosemilk (2002), he superimposes images of a split tree branch Frankness (Work of Mercy), 2000, gelatin silver print, 60 by 43 inches. Neuberger Bernean collection. and a cruciform torso with outstretched arms, The visual overlap reads as romantic-a confluence of spirit, body and nature. Martinez Celaya's work shares with Celan's a common texture and attention to essentials-the seasons, hair, breath, stones, sleep, death, love, loss, the darkness of earth and the whiteness of snow. His images, like Celan's, are concentrated to the point of irreducibility. Memory inflects his every gesture, and silence in his work assumes fullness arid palpability. His cast-resin heads and caramel-colored arms have the import of sacred relics, bringing the lost forward into the present. In Bed (The Creek), a 1997 installa- tion, Martinez Celaya staged a stunning reconciliation of love and pain on par with Celan's call (in the poem "Speak You, Also") to °keep yes and no unsplit." The double bed, neat- ly made with two sets of pillows and an embroidered spread, exuded domesticity, stability, intimacy. Sourced somewhere between the pillows was a stream that coursed steadily through aresin- lined trough running down the center of the mattress. A kitchen pot atop a stack of plates caught the water at the foot of the bed. The water was nourishment, perhaps, vital grid cleansing. But its path split the bed into two separate banks, unbridged. 136 May 2003 In his paintings, Martinez Celaya both cuts and mends, buries and excavates. He pairs the extremes of tar black and milk white. Throughout, he reckons with time's duality -its generosity in bestowing beauty and love, its violence in canceling them both out. He trusts the authority of silence and the truth in contradiction. °Is the record of our loneliness the best we leave behind of ourselves?" he asks in Guide. It may be so, but it also may be enough. In the record of Martinez Celaya's inner silences, there is profound beauty, and it proves to he a powerful form of communion. 1. Ann Trueblood Brodzky, Unbroken Poetry: The Work of Enrique Marrinez Celaya,Venice, Calif., Whale and Star Press, 1999, p.16. 2. Paul Celan, Selected Poems and Prose of Paul Ce1an, trans. John Felstiner, New York and London, W.W. Norton, 2001. Painrings from "The October Cycle" were on view arCriffi`n in Venice, Calif. [Oct. 79-Nov. 30, 2002] and ar Danese in New York [Oct. 78 Nov. 76 2002]. The complete series will be shown arrhe Sheldon Memorial ArrCallery, Universiz~~ ofNebrarka, Lincoln [openinq Nov. 27, 2003], with addirional venues ro be announced. The survey exhibirion "Enrique Marrinez Celaya: 7992-21XX),"organized by The Contemporary Museum, Honolulu traveled zo three US venues in 2007-02.Irwaraccompanied by acaralogue with essays byCharles Merewerher, Abigail Solomon- Codeau and Rosanna Alberrini ar well ar an interview with the arrisr by Howard N. Fox. Author: Leah Oilman is a criric based in San Diego and, most recently, the author of The Photography of John Brill (Kent). Arr in America 137 Bed (The Creek) 1997, water, resin neixed neediunes, 22 by 60 by 85 inches. llugus l 2008 Ra`~- talent Who's cutting up the art scene internationall and in Australia? rue Gibson picks the 10 names to watch. Enrique Martinez Celaya's paintings and sculp- ~ tures are loaded with literary allusions and philosophy. The unfortunate lives of Swedish writer Harry Martinson and Russian poet Osip Mandelstam lurk in Martinez Celaya's paintings, which feature lonely images of desolate land- scapesand isolated boys, cast adrift. The Burnt, 2007, oil and wax on canvas, 155 x 198cm is not easy to categorize E n r i q u e Martinez Celaya, but considering his family's tumultuous escape from Cuba and his subsequent travel around the globe and vast array of interests and talents, it makes sense that his artwork defies easy characterization. Because rather than following one influence, culture or history in art, the 41-year-old Martinez Celaya, in truly post-modern fashion, freely incorporates many diverse styles, aesthetic theories and positions into his own. While certain subject matter or symbols may reoccur in his work- note heads, arms, hummingbirds, leopards and children-he is constantly pushing himself, questioning Enrique Martinez Celaya at work in his Delray Beach studio. This fall, the artist's works can be found in exhibitions at the Museum der bildenden Kunste Leipzig in Leipzig, Germany, the Akira Ikeda Gallery/Berlin in Berlin, the Oakland Museum of California, and Griffin Contemporary in Santa Monica, California. He will also be represented by John Berggruen Gallery at Art Basel Miami Beach. Pieces range from $50,000 to $250,000. November 2005 Ocean Drive These dark, moody nightscapes offer a stark contrast to the sun and tight of Florida. his ideas and incorporating new materials and techniques into his paintings, sculptures, drawings and photographs. In recent works - to be exhibited this month in con- current solo shows in Berlin and Los Angeles -the Delray Beach resident uses tar mixed with paint as his medium, pro- viding himself with yet another self-imposed challenge, and emerges with some surpris- ingly beautiful results. Paired with large mirrors that play with depth and perspective, these dark, moody nightscapes offer a stark contrast to the sun and light of Florida. And yet, as if to prevent any effort to categorize his work, Martinez Celaya juxtaposes those brooding paintings with a more autobiographical creation: A white pajama-clad young boy, who reappears in other Martinez Celaya works, stands expressionless in a neutral environment beneath a large rainbow, seemingly lost November 2005 Ocean Drive in the giant landscape. There emerges another theme of his work: that of the child in exile. Indeed, sometimes art does imitate life. Martinez Celaya knows a bit about being a youth with no homeland, hav- ing fled from Cuba with his family in he 1970s. After that exodus, Martinez Celaya moved to Spain, and then Puerto Rico, before heading to the U.S. mainland. He first stopped on the East Coast, studying art and science at Cornell University before heading west for more study at the University of California Berkeley. Along the way, he excelled in physics, built a working laser, earned a degree in science and a mas- ter's in fine arts, apprenticed with artists, wrote poetry that was published, and even found time to study philosophy on his own . Consequently, the idea of displacement from the motherland is not only a driving force in his work, but also Enrique Martinez Celaya, who fled Cuba with his family when he was a youth and lived in Spain, Puerto Rico and around the United States before settling in Delray Beach, often explores the theme of alien- ation from one's surroundings in his works. Clockwise, from top right: Where (2003), watercolor on paper, 10.5" x 10.5"; Schneebett, Berliner Philharmonie (2004) keeps Martinez Celaya in pur- suit of the physical and philo- sophical meaning of home. In addition to having "settled down" in ahalf-dozen locations, he often travels to London, Berlin, Colorado, New York, Los Angeles and various other places for exhibitions, teaching and public projects. His recent commission for the Berlin Philharmonic drew a crowd of 6,000 guests to its opening, and this month he will cross Europe and the U.S. for solo exhibitions of his work. Nonetheless, he is not interested in living the life of an artiste-hence his recent move with his family to Delray Beach. Martinez Celaya confides that he sought to get away from the hustle and bustle of the West Coast art crowd, and everything about his new life underscores that it is about the work, not the lifestyle. His new studio is a light-filled renovated former bakery in an industrial building just off Atlantic Avenue, a grand yet incredibly serene compound replete with blooming hibiscus, a fountain and sitting area typ- ical of Spanish architecture. But amid this calm is the flurry of Martinez Celaya and his assis- tants at work. Unlike Andy Warhol's Factory concept, Martinez Celaya has humanized his workspace. He wanted to bring a sense of unity to the studio but didn't want his presence to be the unifying force, so he came up with the idea of a uniform: all black with a T-shirt sporting a white line drawing-family-crest style- of awhale jumping out of the water toward the stars, a nod to his favorite work of literature, Moby Dick. In today's frenetic art world, where the cult of personality and the soaring price of works rule, it's a rarity that an artist puts his ego aside for the greater good. But again, that is a direct result of his past experiences. He says he has had many men- tors in his art career, but often became disheartened by those who were seduced by the whims of the marketplace and the quest for celebrity status. But it's not that Martinez Celaya doesn't have his role models: he freely admits that he has sought to emulate-in style, if not subject matter- New York panter Leon Golub. Upon Golub's death five years ago, Martinez Celaya painted an enormous homage to the political painter, who depicted images of war and unnecessary death and destruction in a highly contrasting dark and light expressionistic style. But while Martinez Celaya's work evokes Golub's in style, it veers away in terms of sub- stance: Where the New York painter was political, the Cuban-born artist leans to the personal and spiritual. The struggle in Martinez Celaya's work is not about humans fighting wars, but rather the fight for the existential soul within. Martinez Celaya also explores the theme of the single child in exile, detached from the world and without a homeland, a motif inspired at least in part by his fami- ly's exodus from Cuba. Examples include, from left to right, Boy in Sunset (with Mirror) (2005), oil and tar on canvas and mirror, 66" x 144"; Destroyed Painting (2005); Boy with Fish (2005), oil on can- vas, 100" x 78". His studio is a tight-fitted reno- vated former bakery off Atlantic Avenue, a grand yet incredibly serene compound replete with blooming hibiscus, a foun- tain and sitting area. November 2005 Ocean Drive It's clear that his work car- ries a certain Latin-American sensibilitly in concept and form. A painting of a dismembered arm with a red vein spilling blood painted over what appears to be the pattern of some grand European decorative wall treatment recalls the dis- turbing yet powerful graphic images of Mexican painter Frida Kahlo. Meanwhile, a series of black-and-white photographs of nude figures in various landscapes recalls the performance images of 1960s conceptual artist Ana Mendieta. There are also strong influences from contemporary European traditions, too, as seen in a group of dark and brooding paintings and sculptures with haunting images of animals that recall the shamanistic expressionism of German artist Joseph Beuys. But ultimately this very mix has become the Martinez Celaya style, and art lovers can expect it to continue to evolve in the years to come. ~~~ Boy at the Shore (2005), ink on canvas, 77" x 52". Enrique Martinez Celaya in his studio, in front of Portrait of Leon Golub (2004), oil and tar on canvas, 138" x 172". MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph M. Safford, Finance Director THROUGH: David T. Harden, City Manager DATE: August 13, 2008 SUBJECT: AGENDA ITEM 9.H.1 -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 CONTRACT AWARD/COASTAL COMMERCIAL GROUP/REAL ESTATE BROKEAGE AND MARKETING SERVICES/ OSS RETAIL SPACE ITEM BEFORE COMMISSION The City of Delray Beach issued a Request for Quotations (RFQ# 2008-31) for a commercial real estate broker and marketing services for the Old School Square Garage retail space. The RFQ was opened April 11, 2008. The award of this contract has been delayed until this time since the City Attorney's office has been attempting to negotiate the sale and use of this space with other entities. BACKGROUND The City received two (2) respondents to RFQ# 2008-31. These respondents were: 1. Investment Real Estate Associates- Miami, Florida 2. Coastal Commercial Group, LLC- Delray Beach, Florida A committee was established on August 12, 2008 to review these submittals. This committee consisted of: Joseph M. Safford, Finance Director Rebecca O'Connor, Treasurer Lula Butler, Community Improvement Director Investment Real Estate Associates- Miami, Florida did not submit a cost quotation and therefore was considered non-responsive to the RFQ# 2008-31. Coastal Commercial Group, LLC- Delray Beach, Florida has been in business since December, 2003 with Ingrid Kennemer (12 years experience in the Delray Beach real estate market) serving as the sole proprietor and the only broker for the firm. She has handled over 300 individual transactions in downtown Delray Beach since 1996. The cost for marketing services would be paid by the Seller (City of Delray Beach) and would be approximately $5,674 to $11,564 plus postage costs. The brokerage commission to be paid by the Purchaser would be 5% of sales value if no co-broker and 6% if there is a co-broker. FUNDING SOURCE Funding is available in 380-4150-572-31.90, Other Professional Services, pending budget transfer. RECOMMENDATION The Committee would recommend the award of contract to Coastal Commercial Group. We feel that this company can provide more than adequate brokerage and marketing services to handle the sale of the commercial retail space located in the Old School Square Garage. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 15, 2008 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 COMMISSION LIAISON ASSIGNMENTS ITEM BEFORE COMMISSION This item is before the Commission regarding the reassignment of former Commissioner Brenda B. Montague's Liaison Assignments. BACKGROUND Former Commissioner Montague served as the Liaison to various boards, schools, organizations and representatives. Due to her resignation, the liaison assignments must be reassigned. RECOMMENDATION Commission is asked to discuss and reappoint a liaison to the various boards formerly covered by former Commissioner Montague (Seat #4). MEMORANDUM TO: Mayor and CitS~ Commissioners THRU: David T. Harden, City Manager FROM: Chevelle D. Nubin, CMC, City Clerk SUBJECT: CITY COMMISSION LIAISON ASSIGNMENTS DATE: March 28, 2008 Below is the list of CitS~ Commission Liaison assignments as amended at the March 27, 2008 Annual Organizational Meeting. BOARD Community Redevelopment AgencX 2nd & 4th Thursday at 5:30 p.m. Commission Chambers Community Land Trust 3rd Thursday at 6:30 p.m. Old School Square Library Delray Beach Public Library 3rd Wednesday at 5:30 p.m. r 2nd Floor Conference Room, Library Delray Beach Public Schools LIAISON Commissioner Eliopoulos Primary Member Commissioner Montague Alternate Member Commissioner McDuffie Commissioner Fetzer City Commissioners adopt a Delray Beach Public School and sit on that School's Advisory Committee. The Schools are: Banyan Creek Elementary School Spady Elementary School Plumosa Elementary School Pine Grove Elementary School Orchard View Elementary School Village Academy Carver Middle School Atlantic High School Downtown Development AuthoritX 2nd Monday at 12:00 Noon Chamber of Commerce Commissioner McDuffie Commissioner Eliopoulos Commissioner Eliopoulos Commissioner Montague Commissioner Montague Commissioner McDuffie Commissioner Fetzer Commissioner Fetzer Mayor Ellis Page 2 Downtown Marketing Cooperative Partners Mayor Ellis 4th Thursday at 8:30 a.m. Chamber of Commerce Drug Task Force Mayor Ellis 3rd Friday at 10:00 a.m. Chiefs Conference Room, Police Department Education Board Commissioner Fetzer 1st Monday at 5:30 p.m. Primary Member First Floor Conference Room, CitS~ Hall Commissioner McDuffie Alternate Member General Employees Retirement Committee Meets once every quarter Tom Lynch to continue as Commission appointee Historic Preservation Board Commissioner Eliopoulos 1st and 3rd Wednesday at 6:00 p.m. Commission Chambers Parking Management Advisory Board 4th Tuesday at 5:30 p.m. First Floor Conference Room, CitS~ Hall Commissioner Eliopoulos Police & Fire Board of Trustees 3rd Wednesday from 2-4 p.m. in Training Room at Fire HQ or Police Chiefs Conference Room Public Art Advisory Board 4th Monday at 6:00 p.m. First Floor Conference Room, CitS~ Hall Sister Cities Committee 1st Thursday at 4:30 p.m. First Floor Conference Room, CitS~ Hall Douglas Smith Assistant City Manager Commissioner Montague Commissioner Fetzer OUTSIDE AGENCY APPOINTMENTS Palm Beach Count~gue of Cities, Inc. Governmental Center 301 North Olive Avenue West Palm Beach 33402 Contact: James Titcomb, Exec. Director (561) 355-4484 David T. Harden, City Manager Board of Directors; Transportation/ Legislative Sub-Committee Chair Commissioner Montague Alternate Member S:ACity Clerk\Organizauonal Meetings\Appro~red Liaison Assignments 032708 Page 3 The Palm Beach County League of Cities, Inc. was chartered in 1969 as a non-profit corporation. The purpose of the Palm Beach County League of Cities is to promote and advance the collective interest of the municipalities of Palm Beach County; to study municipal issues and seek desired results through cooperative efforts; to respect the principles of Home Rule; and to encourage and enhance the quality of life of citizens of Palm Beach CountS~. The General Membership meets once per month (normally the 4`h Wednesday) at 10:30 a.m. at different host cities around the county. The Board of Directors meets once per month (normally the 2nd Wednesday) at 10:00 a.m., at various locations in Palm Beach County. Florida League of Cities, Inc. 301 S. Bronough Street, Suite 300 (32301) Post Office Box 1757 Tallahassee, Florida 32302-1757 Contact: Scott Dudley, Sr. Legislative Advocate (850) 222-9684 David T. Harden, City Manager Home Rule Administration Council Member Mayor Ellis Florida League of Mayors Member Metropolitan Planning Organization Of Palm Beach County 160 Australian Avenue, Suite 201 P. O. Box 21229 West Palm Beach 33416 Contact: Randy M. Whitfield, P.E. Director (561) 684-4170 or Paul Dorling (City staf fl (561) 243-7040 Commissioner McDuffie Primary Member Commissioner Montague Alternate Member The Metropolitan Planning Organization of Palm Beach County was created pursuant to Chapter 339.175 of the Florida Statutes. Their objectives are to encourage and promote the safe and efficient management, operation and development of surface transportation systems that will serve the mobility needs of people and freight within, and through, urbanized areas of Palm Beach County while minimizing transportation related fuel consumption and air pollution. The MPO is charged with the development of short-range (5 year) and long-range (20 year) transportation plans and programs. MPO Board (elected officials) meets on the 3rd Thursday of the month at 9:00 a.m., 12`h floor Conference room at the Governmental Center. Technical Advisory Committee (TAC, staff subcommittee) meets on the 15T Wednesday of the month at 9:00 a.m. at 2300 North Jog Road in the 4`h floor Conference Room, 4E 12, West Palm Beach. Liaison to State Representatives Maria Sachs, District 86 Adam Hasner, District 87 Commissioner Montague Mayor Ellis Liaison to State Senators Jeffery Atwater, District 25 M. "Mandy" Dawson, District 29 Ted Deutch, District 30 Mayor Ellis Commissioner Montague Commissioner Fetzer S:ACity Clerk\Organizauonal Meetings\Appro~red Liaison Assignments 032708 Page 4 Liaison to United States Representatives Robert Wexler, District 19 Commissioner Eliopoulos Ron Klein, District 22 Mayor Ellis Alcee L. Hastings, District 23 Commissioner Montague Intergovernmental Coordination Issues Forum Lantana Council Chambers 500 Greynolds Circle Lantana, 33405 Contact: Ana Yeskey 9835-16 Lake Worth Road, Suite 223 Lake Worth 33467 (561) 434-2575 Commissioner Montague Primary Member Commissioner McDuffie Alternate Member Paul Dorling CitS~ Staff Member The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues of multi-jurisdictional significance, such as school concurrency, county wide fire rescue services, and countywide library services. The intent is to have municipalities work together on issues of countywide concern or impact and to assist in the resolution of any disputes which may arise between local governments. The Issues Forum meets on a quarterly basis. The meetings are scheduled for May 29, 2008, July 31, 2008; and October 30, 2008. The Executive Committee meets at 9:30 a.m., Issues Forum at 10:30 a.m. and IPARC at 1:30 p.m. in the Lantana Council Chambers. S:ACity Clerk\Organizauonal Meetings\Appro~red Liaison Assignments 032708 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 15, 2008 SUBJECT: AGENDA ITEM 9.J. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 SELECTION OF DEPUTY VICE-MAYOR ITEM BEFORE COMMISSION This item is before Commission to select a new Deputy Vice Mayor to serve until March 26, 2009. BACKGROUND Former Commissioner Brenda B. Montague resigned from the City Commission on July 18, 2008. Pursuant to City Charter Article III, Section 3.08(B)(5), "If a vacancy occurs in the office of Vice Mayor, the Deputy Vice Mayor shall automatically become Vice Mayor and a new Deputy Vice Mayor shall be selected by the Commission". Commissioner Woodie McDuffie has assumed the office of Vice-Mayor. Therefore, the Commission needs to select a Deputy Vice Mayor from among its members. RECOMMENDATION Commission discretion. MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph M. Safford, Finance Director Lisa Herrmann, Budget Officer THROUGH: David T. Harden, City Manager DATE: August 14, 2008 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 RESOLUTION N0.35-08 ITEM BEFORE COMMISSION Consider approval of a resolution making amendments to the adopted Budget for fiscal year 2007/08. BACKGROUND Resolution No. 35-08 provides for adjustments to the Neighborhood Services Fund as explained in the attached budget amendment. RECOMMENDATION Approve Resolution No. 35-08. RESOLUTION NO. 35-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 55-07 ADOPTED SEPTEMBER 18, 2007, RESOLUTION 16-08 ADOPTED MAY 6, 2008 AND RESOLUTION NO. 24-08 ADOPTED JULY 1, 2008, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2007/2008, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2007/2008; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 55-07 adopted by the City Commission of the City of Delray Beach, Florida, on September 18, 2007, Section 1 of Resolution No. 16-08 adopted by the City Commission of the City of Delray Beach, FL on May 6, 2008 and Section 1 of Resolution 24-08 adopted by the CitS~ Commission of the City of Delray Beach, FL on July 1, 2008 are hereby repealed, and a new Section 1 is enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit "A", are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 2007, and ending the 30th day of September, 2008, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1st day of October, 2007, and ending the 30th day of September, 2008. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 2007, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 2007. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 15T day of October, 2007. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the CitS~ of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Officer and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the CitS~ government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on September 4, 2007, and September 18, 2007. Section 10. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 19th day of August, 2008. MAYOR ATTEST: City Clerk RES. NO. 53-08 EXWIBIT A (As Amended} BUDGET SUMMARY CkTY OF DELRAY BEACH, FLORIDA k=1SCAL YEAR 2007-2008 General Fund DOWNTOWN SPECIAL Amended DEVELOPMENT ENTERPRISE REVENUE FY 07108 FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 1,$63,996 15,427,197 1,119,580 18,410,773 ESTIMATED REVENUES: TAXES Millages AD VALOREM TAXES s.ia4s 51,620,570 0 0 51,620,570 AD VALOREM TAXES 0.4334 3,588,430 0 0 3,58$,430 AD VALOREM-DELINQUENT 72,000 0 0 72,000 AD VALOREM - DDA o.a8ss 0 519,164 0 0 599,160 Sales 8~ Use Taxes 1,452,000 0 0 1,452,000 Franchise Taxes 5,637,250 0 0 5,637,250 Utility Taxes 4,369,000 0 0 4,369,000 Other Taxes 3,900,000 0 0 3,900,000 Licenses & Permits 4,660,170 0 D 4,660,170 Intergovernmental 7,286,704 626,150 5,914,296 13,827,150 Charges for Services 7,009,770 41,892,890 0 48,902,660 Fines & Forfeitures 844,400 D 73,000 917,400 Miscellaneous Revenues 14,513,206 1,500 912,290 1,064,826 16,491,822 Other Financing Sources 2,939,940 297,000 1,012,784 4,249,720 TOTAL REVENUES AND OTHER FINANCING SOURCES 147,893,440 520,660 43,728,330 8,064,902 160,207,332 TOTAL ESTIMATED REVENUES AND BALANCES 109,757,436 520,660 59,155,527 9,184,482 178,618,105 EXPENDITURESIEXPENSES: General Government Services 11,904,265 0 0 11,904,265 Public Safefy 53,723,629 0 73,400 53,796,529 Physical Environment 584,998 41,675,684 4 42,260,678 Transportation 14,076,267 0 0 10,476,267 Economic Environment 8,865,890 520,270 0 4,688,572 14,474,732 Human Services 55,000 4 769,414 824,010 Culture & Recreation 14,075,471 3,993,700 1,570,712 19,639,883 Debt Service 5,132,080 7,200,570 0 12,332,650 Other Financing Uses 5,276,380 5,384,140 0 10,660,520 TOTAL EXPENDITURESIEXPENSES 109,693,880 520,270 58,254,090 7,101,294 175,569,534 Reserves 63,556 390 901,437 2,083,988 3,048,571 TOTAL EXPENDITURES AND RESERVES 109,757,436 524,660 59,155,527 9,1$4,4$2 17$,618,145 Budget Amendment Fiscal Year 2007-2008 General Fund Expenditures No changes axe being requested to the General 14und. Qther Funds Communi#y Develonmen_t_Fnnd This fund will increase by $655,145. Fourth quarter SHIP grant revenue in the amount of $4,822 is being added. $9,600 is being recorded as a grant from the Delray Housing Group to budget rent fox four tenants fox four months at 126-136 NW 2"d Avenue, which is owned by the City. A CRA contribution of $640,723 is being added in accordance with the Amendment Number 1 - Interlocal Agreement dated 511418 between the City and the CRA for construction/rehabilitation of 135 NW 5~` Avenue property owned by the CRA. MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: August 12, 2008 SUBJECT: AGENDA ITEM 9.L. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 APPOINTMENT TO THE BUDGET TASK FORCE ITEM BEFORE COMMISSION This item is before the Commission for an appointment to the Budget Task Force. BACKGROUND Mr. Robert Moore was an alternate member on the Budget Task Force but was appointed for regular membership at the City Commission meeting on August 5, 2008. This creates a vacancy for an alternate member to serve an unexpired term ending July 31, 2009. On November 6, 2007, the Delray Beach City Commission adopted Ordinance No. 63-07 establishing the Budget Task Force for the purpose of reviewing the City's budget for six (6) months and making recommendations to the City Commission regarding salaries and benefits, operating expenses, debt service expenses, capital outlay grants to other entities and transfers to other funds. The Budget Task Force shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, certified financial planner, investment advisor, insurance professional (may be property/casualty or health), business owner/manager or someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Keith Snider who is registered to vote in Broward County and Mr. Daniel Garrido who is registered to vote in Dade County. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) alternate member to serve an unexpired term ending July 31, 2009. RECOMMENDATION Recommend appointment of one (1) alternate member to the Budget Task for an unexpired term ending on July 31, 2009. BUDGET TASK FORCE SIX MONTH TERM 08/08 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/31 /09 Peter Arts Insurance Agent appt0l/03/08 07/31 /09 Vincent Dole Investment Firm appsol/o3/oa Partner/MBA 07/31 /09 Howard Ellingsworth, Vice Chairperson Accounting- appt o1/o3/oa Partner/CPA 07/31 /09 Robert Moore Financial Management appt 01/15/08 alt Consultant- appt 08/05/08 reg President/MBA 07/31/09 Todd L'Herrou Business Owner appt0l/03/08 07/31 /09 Alexander Simon Investment Advisor- appt o1 ~o3/oa President/MBA 07/31/09 Franklin Wheat, Chair Business Owner appt0l/03/08 ALTERNATES 07/31/09 Une%p appt Vacant 07/31 /09 James Smith Finance-Retired/MBA appt0l/15/08 Contact: S~City C1erk~Board 08~Budget Task Force MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: August 12, 2008 SUBJECT: AGENDA ITEM 9.M. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Site Plan Review and Appearance Board. BACKGROUND The terms for Mr. Jose Aguila, Mr. Shane Ames, Mr. Mark Gregory, Mr. Johnny Kincaide and Ms. Frances Bennett will expire on August 31, 2008. Mr. Ames will have served an unexpired term is eligible and would like to be considered for reappointment. Mr. Gregory will have served one (1) full term is eligible and would like to be considered for reappointment. Mr. Aguila, Ms. Bennett and Mr. Kincaide would not like to be considered for reappointment. There will be appointments made for five (5) regular members to serve two (2) year terms ending August 31, 2010. These requirements have been updated to reflect current code requirements. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five seats on the Board with an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, sign contractor, land planner or interior designer. The remaining two seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. George Brewer. Based on the rotation system, the appointments will be made by Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3) and Commissioner Bernard (Seat #4) for five (5) regular members to serve two (2) year terms ending August 31, 2010. RECOMMENDATION Recommend appointment of five (5) regular members to the Site Plan Review and Appearance Board for two (2) year terms ending on August 31, 2010. SITE PLAN REVIEW AND APPEARANCE BOARD 08/07 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2008 Jose Aguila, Chair Architect Appt 01 /03/05 Une%pired Reappt08/15/06 08/31 /2008 Shane Ames Designer/Architect Une%p Appt10/03/06 08/31/2008 Mark Gregory, 2°d Vice Chair Real Estate Appt 10/11/05 Une%pired Reappt08/15/06 08/31/2008 Johnny Kincaide Attorney une%P Appt oa/a/o7 Citizen-At-Large 08/31/2009 Connor Lynch, Vice Chair Insurance APPt 09~°605 Citizen-At-Large Rea t08/21/07 08/31/2008 Frances Bennett Landscape Appt 09/05/06 AYChlteCt 08/31 /2009 Andrew Youngross Engineer Appt09/06/05 Rea t08/21/07 Contact: Rebecca Truxell, X-7040 S/City ClerldBoard 07/SPRAB SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT "A" Applicants with experience in the professions required: Shane Ames Designer/Architect Incumbent James Borsos Planner George Brewer Ronald Brito Shannon Dawson Maura Dersh-Wissekerke Mark Gregory Bryce Newell Michael Owens Cheryl Shaffner Chris Stray Self-employed/Architect General Contractor-President Real Estate Consultant Project Manager-Architecture Sign Specialist Incumbent Real Estate Broker Planner Real Estate Landscape Architecture & Design/Interior Design Applicants for At Large Seat: Mary-Elizabeth Cohn Educator Alice Finst Master Gardener/Retired-Educator Gerald Franciosa Retired/Law Enforcement Bruce Gimmy Retail-Business Owner David Haycock Liability Claims Adjuster Eileen Marks Retired/Banking Robert Moore Financial Management Consultant Mel Pollack Security-Director (currently serving on the Board of Adjustment) Jerome Sanzone Building Official MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: August 12, 2008 SUBJECT: AGENDA ITEM 9.N. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 APPOINTMENT TO THE BOARD OF ADJUSTMENT ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Board of Adjustment. BACKGROUND The terms for Mr. Mel Pollack, Mr. Clifton Miller and Mr. Harvey Starin will expire on August 31, 2008. Mr. Pollack and Mr. Starin will have served two (2) full terms and are not eligible for reappointment. Mr. Miller will have served one (1) full term is eligible and would like to be considered for reappointment. Mr. Federgreen is an alternate member and would like to be considered for regular membership. There will be appointments made for three (3) regular members to serve two (2) year terms ending August 31, 2010. The Board of Adjustment shall consist of five (5) regular members. In addition, there shall be two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and/or own a business within the City. The following individuals have submitted applications and would like to be considered for appointment: Bernard Federgreen Incumbent CliftonMiller Incumbent Dale Miller Kathy Shackman A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner McDuffie (Seat #3) for three (3) regular members to serve two (2) year terms ending August 31, 2010. RECOMMENDATION Recommend appointments of three (3) regular members to the Board of Adjustment for two (2) year terms ending on August 31, 2010. 05/08 BOARD OF ADJUSTMENT TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2009 Sigurdur Hardester Manager Appt 10/05/04 une%p alt Re-appt 08/16/05 alt Re-appt 02/06/07 une%p reg Re-a t 03/03/08 08/31/2008 Mel Pollack, Chair Director-Security Alt Appt 08/19/03 Reg appt 01/06/04 Une%p Reappt08/03/04 Reappt08/15/06 08/31 /2008 Clifton Miller Retired General Unexp Appt 10/05/04 alt Contractor Unexp Appt 04/05/05 reg Rea t 08/31/06 08/31/2008 Harvey Starin, Vice Chair Realtor Altappt0l/13/04 Reg Appt08/03/04 Reappt08/31/06 08/31 /2009 Jess Sowards Architect Une%p Appt 05/01/07 alt R-eappt 02/19/08 alt A t 03/03/08 reQ ALTERNATES 08/31 /2009 Bernard Federgreen Director of Operations Une%p Appt02/20/07 R-eappt02/19/08 08/31/2009 James Houck Property Management Une%p Appt05/20/08 Contact: Venice Cobb x-7056 Send Agenda to: Al Berg, Brian Shutt & Donna Quinlan Fax final Board Order to Chair Person for signature Copy of approved minutes to Donna Quinlan & Al Berg. S/City ClerldBoard 08/Board of Adjustment MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 12, 2008 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 ORDINANCE N0.36-08 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to the Land Development Regulations (LDR) by amending Section 1.3.8, "Reconstruction Necessitated by an Act of God", Subsection (A) to provide for the ability to rebuild the pre-existing square footage as an additional circumstance in the event of destruction by an act of God. BACKGROUND At the first reading on August 5, 2008, the Commission passed Ordinance No. 36-08. RECOMMENDATION Recommend approval of Ordinance No. 36-08 on second and final reading. ORDINANCE NO. 36-08 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 1.3.8 "RECONSTRUCTION NECESSITATED BY AN ACT OF GOD", SUBSECTION (A) TO PROVIDE FOR THE ABILITY TO REBUILD IN ADDITIONAL CIRCUMSTANCES, IN THE EVENT OF AN ACT OF GOD; 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 July 21, 2008, and voted 4 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 fords 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 1.3.8, "Reconstruction Necessitated by An Act of God" Subsection (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: (A) If a lawful nonconforming residential or commercial structure is damaged or destroyed by an Act of God (the event), the owner shall be permitted to rebuild the structure in accordance with the use and number of units and square footage permitted by the certificate of occupancy in existence prior to the occurrence of the event. Where necessary, in order to accommodate the use or the same number of such units, structures may be reconstructed to heights previously established on building permit plans approved prior to the occurrence of the event. All rebuilding shall comply with fire and building codes in effect at the time of reconstruction and shall comply to the greatest extent possible with applicable provisions of the Land Development Regulations. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective 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 , 2008. ATTEST City Clerk First Reading Second Reading MAYOR 2 ORD. NO. 36-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director of Planning & Zoning Paul Dorling, AICP, Director of Planning & Zoning THROUGH: David T. Harden, City Manager DATE: July 30, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 ORDINANCE N0.36-08 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations to rebuild in additional circumstances, in the event of an act of God. BACKGROUND Current regulations allow residential and commercial structures that have been destroyed by an Act of God (the event), to be rebuilt in accordance with the use and number of units permitted by their respective certificates of occupancy in existence prior to the event. Such rebuilding is required to comply with applicable provisions of the Land Development Regulations to the greatest extent possible. The proposed ordinance adds the term square footage to clarify that the structure's square footage figure permitted by the certificate of occupancy is also recognized as rebuildable in circumstances involving an act of God. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 21, 2008. The Board unanimously recommended approval on a 4 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. 36-08 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the fmdings 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. PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JULY 21, 2008 AGENDA NO: IV.F. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 1.3.8, "RECONSTRUCTION NECESSITATED BY AN ACT OF GOD", TO PROVIDE FOR THE ABILITY TO REBUILD IN ADDITIONAL CIRCUMSTANCES IN THE EVENT OF AN ACT OF GOD. 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) that allows reconstruction necessitated by an act of God. 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/ANALYSIS Current regulations allow residential and commercial structures that have been destroyed by an Act of God (the event), to be rebuilt in accordance with the use and number of units permitted by their respective certificates of occupancy in existence prior to the event. Such rebuilding is required to comply with applicable provisions of the Land Development Regulations to the greatest extent possible. The proposed ordinance adds the term square footage to clarify that the structure square footage figure permitted by the certificate of occupancy is also recognized as rebuildable in circumstances involving an act of God. REQUIRED FINDINGS Comprehensive 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. Relevant sections of the Comprehensive Plan are cited below: Policy D-3.2 The long range redevelopment portion shall provide for land use and character of development which presently exists except that the height of reconstructed buildings shall be limited to the then current height regulations of the City, except as provided in Policy C-3.5. Policy C-3.5 Whenever a commercial, residential, hotel, motel, or resort dwelling unit structure is destroyed to an extent of greater than 50% of its value by disaster, the structure may be rebuilt to pre-disaster use, densities and heights if permit applications are submitted within one year following the disaster. Current fire and building codes shall be met; current parking, building setbacks, and landscape requirements shall be complied with as closely as possible. For Planning and Zoning Board Meeting, July 21, 2008 LDR Amendment -Act of God purposes of this policy, disaster means any non-self imposed catastrophic damage including, but not limited to, fire, flood and storm. Revised by Amendment 07-1] Proposed ordinance additional language to include the term "square footage" further clarifies that the square footage area will be recognized and rebuildable in the event of an Act of God. This provision continues to be consistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided 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 amendment to Land Development Regulations, Section 1.3.8, "Reconstruction Necessitated by an Act of God," 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 to Land Development Regulations, Section 1.3.8, "Reconstruction Necessitated by an Act of God," by adopting the findings of fact and law contained in the staff report, and finding 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 Recommend approval of the amendment to Land Development Regulations, Section 1.3.8, "Reconstruction Necessitated by an Act of God," 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). attachment: ^ proposed ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 12, 2008 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 ORDINANCE N0.34-08 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to the Land Development Regulations (LDR) amending Section 4.6.7, "Signs", Subsection (H), "Exempt Signs", Sub-subsection (10), "Temporary Signs", to clarify when temporary non- commercial signs placed on the public right-of-way or on private property require the owner's permission. BACKGROUND At the first reading on August 5, 2008, the Commission passed Ordinance No. 34-08. RECOMMENDATION Recommend approval of Ordinance No. 34-08 on second and final reading. ORDINANCE NO. 34-08 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 4.6.7, "SIGNS", SUBSECTION (H), "EXEMPT SIGNS", SUB-SUBSECTION (10), "TEMPORARY SIGNS", TO CLARIFY WHEN TEMPORARY NON- COMMERCIAL SIGNS PLACED ON THE PUBLIC RIGHT-OF-WAY OR ON PRIVATE PROPERTY REQUIRE THE OWNER'S PERMISSION; PROVIDING A SAVING CLAUSE, A GENER.AI_. 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 July 21, 2008, and voted 4 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 CitS~ 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 4.6.7, "Signs", Subsection (H), "Exempt Signs", Sub-Subsection (10), "Temporary Signs", 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: (10) Temporary Signs: (a) Temporary Non-Commercial Signs 1. Temporary non-commercial signs may be placed on public rights-of-ways contiguous to private property with the adjacent private propert<~ owner's permission. Such signs shall not be placed in medians or on portions of rights- of-way contiguous to publicly owned property. 2. Each temporary non-commercial sign within a public right-of--way shall be removed within ten (10) days after the date of event, election or referendum. If said signs are not removed prior to the expiration of the ten (10) day period, the sign shall constitute an abandoned sign and the City shall remove the sign. 3. Temporary non-commercial signs are permitted on private proper ~ with the owner's permission; however, ono temporary non-commercial sign shall exceed twelve square feet (12 sq. ft.) per sign face in area on any private lot or parcel. Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. 4. Any temporary non-commercial sign in the public right-of--way shall not exceed three square feet (3 sq. ft.). No temporary non-commercial sign shall be placed on any public property (non right-of-wad). Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective 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 2008. ATTEST MAYOR City Clerk First Reading 2 ORD. NO. 34-08 Second Reading ORD. NO. 34-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director Planning & Zoning Paul Dorling, AICP, Directror Planning & Zoning THROUGH: David T. Harden, City Manager DATE: July 30, 2008 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 ORDINANCE N0.34-08 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations that clarifies when temporary signs must gain permission from private property owners. BACKGROUND Temporary non-commercial signs are currently allowed in public rights-of--way. This proposed ordinance requires that permission from the adjacent private property owner first be obtained. Further, clarification is included to allow temporary non-commercial signs on private property so long as the property owner's permission is obtained. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 21, 2008. The Board unanimously recommended approval on a 4 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. 34-08 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the fmdings 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. PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE AGENDA NO: JULY 21, 2008 IV.G. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.6.7, "SIGNS" TO CLARIFY WHEN TEMPORARY NON-COMMERCIAL SIGNS PLACED ON THE PUBLIC RIGHT-OF-WAY OR ON PRIVATE PROPERTY REQUIRE THE OWNER'S PERMISSION. 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) that clarifies when temporary signs must gain permission from private property owners. 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/ANALYSIS Temporary non-commercial signs are currently allowed in public rights-of-way. This proposed ordinance requires that permission from the adjacent private property owner first be obtained. Further, clarification is included to allow temporary non-commercial signs on private property so long as the property owner's permission is obtained. REQUIRED FINDINGS Comprehensive 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. While no specific goal or objective directly addresses the specifics of where businesses should be conducted, the amendment would not be inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. Planning and Zoning Board Meeting, July 21, 2008 LDR Amendment -Temporary Non-commercial signs ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.6.7, "Signs," 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 to Land Development Regulations, Section 4.6.7, "Signs," by adopting the findings of fact and law contained in the staff report, and finding 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 Recommend approval of the amendment to Land Development Regulations, Section 4.6.7, "Signs," 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). attachment: ^ proposed ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 12, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 ORDINANCE N0.33-08 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to the Land Development Regulations (LDR) Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined" and Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p.), "Southwest Neighborhood Overlay District," to modify the description and provide for expansion of the Southwest Neighborhood Overlay District. BACKGROUND At the first reading on August 5, 2008, the Commission passed Ordinance No. 33-08. RECOMMENDATION Recommend approval of Ordinance No. 33-08 on second and final reading. ORDINANCE NO. 33-08 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 4.5.9, "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", SUBSECTION 4.5.9(A), "DEFINED", AND BY AMENDING ARTICLE 4.7, "FAMILY/WORKFORCE HOUSING", SECTION 4.7.1, "DEFINITIONS", BY REPEALING SUBSECTION 4.7.1(p), "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" AND ENACTING A NEW SUBSECTION 4.7.1(p), "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT; 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 July 21, 2008, and voted 4 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 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined", 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: (A) Defined: The Southwest Neighborhood Overlay District is the area zoned 1 ORD. NO. 33-08 RM located between Interstate 95 and N.W. 1st Avenue from Atlantic Avenue to S.W. 2nd Street, except along SW 12~ Avenue, where it extends south to SW 3rd Street. The applicable regulations set forth in Section 4.7, "Family/Workforce Housing" (in addition to applicable Land Development Regulations) shall apply to this district. Section 3. That Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p), "Southwest Neighborhood Overlay District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed and a new Subsection 4.7.1(p), "Southwest Neighborhood Overlay District", is enacted to read as follows: p. Southwest Neighborhood Overlay District -The area zoned RM between Interstate 95 and N.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, ORD. NO. 33-08 except along SW 12th Avenue, where it extends south to SW 3rd Street, as shown in the map below. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 33-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald R. Hoggard, Jr., AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: July 29, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 ORDINANCE N0.33-08 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined" and Article 4.7 "Family / Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p.), "Southwest Neighborhood Overlay District," to modify the description and provide for expansion of the Southwest Neighborhood Overlay District. BACKGROUND On November 20, 2007, the City Commission adopted Comprehensive Plan Amendment 2007-2, which included a City initiated text amendment to expand the Southwest Neighborhood Overlay District by amending the description of the Medium Density FLUM designation to include the area along SW 12th Avenue, between SW 2nd Street and SW 3rd Street. This area is part of a large scale private sector redevelopment initiative that will have a major effect on the stabilization and revitalization of the entire neighborhood; provide much needed workforce housing; and become a catalyst for additional redevelopment. The purpose of the proposed LDR text amendment is to implement the adopted Comprehensive Plan amendment. The text amendment consists of amending the description of the overlay district within Section 4.5.9 and amending the description and the map within LDR Section 4.7.1(p) which depicts the Southwest Neighborhood Overlay District. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 21, 2008. No one from the public spoke on the item. The Board unanimously recommended approval on a 4 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 the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 33-08 for aCity-initiated amendment to the Land Development Regulations Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined" and Article 4.7 "Family /Workforce Housing", Section 4.7.1, "Defmitions", Subsection 4.7.1(p.), "Southwest Neighborhood Overlay District," to modify the description and provide for expansion of the Southwest Neighborhood Overlay District, 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. PLANNING AND Z®NING BOAR® MEMORAN®UM STAFF REP'URT MEETING DATE: JULY 21, 2008 AGENDA NO: IV.C AGENDA ITEM: CONSIDERATION OF A CITY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.5.9, "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" AND "ARTICLE 4.7 "FAMILY/WORKFORCE HOUSING", TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT. ITEM BEF®RE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City initiated amendment to Land Development Regulations Section 4.5.9, "The Southwest Neighborhood Overlay District" and Article 4.7, "Familyl Workforce Housing", to modify the description and provide for expansion of the Southwest Neighborhood Overlay District. 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 l ANALYSIS The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6, 2004, included incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. On April 4, 2006, the City Commission adopted Ordinance No. 18-06, to expand the Program by providing additional opportunities and incentives for the provision of workforce housing. These modifications included an increase in the maximum density for the "Carver Estates Overlay District" from 12 units per acre to 24 units per acre and the creation of a new overlay district, the "Infill Workforce Housing Area," with a maximum density of 18 units per acre. On November 20, 2007, the City Commission adopted Comprehensive Plan Amendment 2007- 2, which included a City initiated text amendment to expand the Southwest Neighborhood Overlay District by amending the description of the Medium Density FLUM designation to include the area along SW 12`" Avenue, between SW 2nd Street and SW 3rd Street. This area is part of a large scale private sector redevelopment initiative that will have a major effect on the stabilization and revitalization of the entire neighborhood; provide much needed workforce housing; and become a catalyst for additional redevelopment. The purpose of the proposed LDR text amendment is to implement the adopted Comprehensive Plan amendment. The text amendment consists of amending the description of the overlay district within Section 4.5.9 and amending the description and the map within LDR Section 4.7.1 (p) which depicts the Southwest Neighborhood Overlay District. IV.C. Planning and Zoning Board Memorandum Staff Report, July 21, 2008 Amendment to LDRs to Expand the Southwest Neighborhood Overlay District Page 2 REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): 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. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objectives and policies were noted: Future Land Use Element Objective A-7: To encourage the provision of workforce housing in the City, the following policies shall be implemented. Policv A-7.1: The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program". The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Policv A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri-rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The 1-95ICSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10th Street Overlay District shall have a maximum density of 12 units per acre. • The Four Corners Overlay District shall have a maximum density of 30 units per acre. • All other Overlay Districts shall have a maximum density of 18 units per acre. The proposed amendment will further these policies by supporting expansion of the Workforce Housing Program. The goal of this program is to encourage the provision of housing which is affordable to very low to moderate income households. Based on the above, a positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive. REilIEll4l BY ®TFiErRS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. Planning and Zoning Board Memorandum Staff Report, July 21, 2008 Amendment to LDRs to Expand the Southwest Neighborhood Overlay District Page 3 ,4SSES~MENT ~N® OOIVCLUSI~N The purpose of this privately initiated LDR text amendment is to implement a text amendment adopted as part of Comprehensive Plan Amendment 2007-2, which expands the Southwest Neighborhood Overlay District to the south along SW 12`" Avenue, between SW 2nd Street and SW 3rd Street. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). REOONIM~N®~® ACTI®N Move a recommendation of approval to the City Commission for a City initiated amendment to Land Development Regulations Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined" and Article 4.7 "Family /Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p.), "Southwest Neighborhood Overlay District," to modify the description and provide for expansion of the Southwest Neighborhood Overlay District, 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 the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: • Location Map • Proposed Ordinance s:\planning & zoning\boards\p&z board\Idr amendment workforce housing expansion of southwest neighborhood overlay.doc MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney DATE: August 12, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 RESOLUTION N0.33-08/QUIT CLAIM DEED/AUBURN TRACE DEVELOPMENT ITEM BEFORE COMMISSION Approval of Resolution 33-08 releasing any interest the City has in Tract F. BACKGROUND Auburn Trace Ltd. is seeking to obtain clear title to a portion of property it owns. The Property Appraiser has the City listed as the owner of Tract F on the Auburn Trace Plat. The plat of Auburn Trace shows that Tract F is dedicated to the City. Auburn Trace Ltd. has requested that the City quit claim its interest in Tract F to Auburn Trace Ltd. Auburn Trace has made this request in order to clear up the title issue created by the Property Appraiser listing the City as the owner of the property. Auburn Trace will give the City an easement over the area for the lift station. RECOMMENDATION Staff recommends approval of Resolution 33-08. RESOLUTION N0.33-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO RELEASE ANY INTEREST THAT IT HAS IN THE REAL PROPERTY LOCATED IN THE VICINITY OF THE AUBURN TRACE DEVELOPMENT AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Tract F of the Auburn Trace plat is dedicated to the City and the City has a lift .station located on this tract; and WHEREAS, the Property- Appraiser of Palm Beach County as the City listed as the owner of the property; and WHEREAS, Auburn Trace Ltd. wishes to clear the title to the property byway of the City issuing a Quit Claim deed to Auburn Trace Ltd. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby agrees to release any interest that it has to the property listed below: Tract F, Auburn Trace, according to the plat thereof as recorded in Plat Book 64, at Pages 184 through 186, of the public records of Palm Beach County, Florida. PASSED AND ADOPTED in regular session on the day of , X008. ATTEST: MAYOR City Clerk Prepared by and retwtn to: Weiner, Aronson & 1Vlankoft, P.A. 10 S.E. 1°~ Avenue, Suite C Delray Beach, FL 33444 (561}265-2666 File Number: AUB1Wf031 Above This Line For Recording Quf~ Claim Deed This Quit Claim Deed trade this day of July, 2008 between CITY OF DELRAY BEACH, a Florida municipal corporation, whose post office address is 100 N.W. ls` Avenue, Delray Beach, FL. 33444, grantor,-and AUBURN TRACE, LTD., a Florida limited partnership, whose post office address is 777 East Atlantic Ave., Suite 200, Delray Beach, FL 33483, grantee: (Whenever used herein the terms "grantor" and "grantee" include a[I the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees} Witnesseth, that said grantor, far and inconsideration of the stun TEN AND NO1100 DOLLARS ($10.00} and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,. does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the. right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Palm Beach County, Florida to-wit: TRACT F, AUBURN TRACE, ACCORDING TO THE -PLAT THEREOF, AS RECORDED IN PLAT BOOK 64, AT PAGES 184 THROUGH 18b, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Parcel Identification Number: 12-43-46-20-56-006-0000 To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or itt anywise appertaining, and all the estate, right, title, interest, Iien, equity and claim whatsoever of grantors, either in Iaw or equity, far the use, benefit and profit of the said grantee forever; however retaining an easement as set forth in the Easement Deed annexed hereto as Exhibit "A" and made a part hereof. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witness Name: Witness Name: STATE (OF FLORIDA COUN7'~ OF PAL11+I BEACH ClT'Y OF DELRAY BEACH, a Florida municipal corporation Its: The foregoing instrument was acknowledged before me this day of 7uly, 2008 by as of the City of Delray Beach, a Florida municipal corporation, who is personally known to me or has produced a as identification. [Notary Seal] Notary Public Printed Name: 1VIy Commission Expires: C:1Doeuments and Setring3~huttU.aca1 SettiagslTemporary lntt;met Filesl0LiC831QuitCleim Deedre~l.doc Quit-Claim Deed - F~ge 2 Prepared by: RETURN: R. Brian Shutt, Escl. City Attorney's Office 20o N. W. 1 st Avenue Delray Beach, .Florida 33444 EASEMENT DEED THIS INDENTURE, made this ~ day of July,. 2008, by and between AUBURN TRACE, LTD., a Florida limited partnership, whose mailing address is 777 East Atlantic Ave., Suite 200, Delray Beach, FL 33483, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WTTNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement. for the purpose of the construction and maintenance of a sewer lift station with full and free .right., liberty, and authority to enter upon and to install, operate, and maintain such sewer lift station well under, across,. through and upon, over, under ar within the following described property. located in Palm Beach County,. Florida, to-wit: See Ezhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress aver and an that portion of land described above,. to effect the purposes of fine easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions,. and reservations of record. That the- party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building ar effect any other kind of construction or improvements upon the above- described property. Tt is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original. or like condition without expense to the property owner. 1 Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful elarms of all persons whomsoever claimed by, ttarough or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows yr permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. PARTY OF THE FIRST PART AUBURN TRACE, LTD., a Florida lirnited partnership By: Auburn Trace Joint Venture, a Florida general partnership, its General Partner WITNESS #1: ~~ ~~ ~~C- ~NwIE ~- SrAuDruC~~ (name printed or typed) By: ,Auburn Management, Inc., a Florida corporation., its General Partner By: w ~~---~~ Brian J. Hinners, President WITNESS #2: _--~~4 ri ~ G --~~iP. Ci U~1 Y I S•}~i ~~ V'~ _ ~.~77 {name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH By: Florida Affordable Housing, Inc., a Florida non-profit corporation, its General Panne By ~~- Thomas G. Hinners, President 2 The foregoing instrument was acknowledged before me this~.~ ay of July, 200$ by -Brian J. Hinners, President of Auburn Management, Znc., a Florida corporation., General Partner of Auburn Trace Joint Venture, a Florida .general partnership, General Partner of Auburn Trace, Ltd., a Florida limited partnership, on behalf of the partnership. He is personally known to me or has produced. (type of identifir~tion) as identifica 'on and did/did not take an oath. ,~"'Y',"'~~. Janey Gambl; gnatvre o otaryPublic - =r ~G~"~eanl~ISS1QN#po~a353t State of Fl rids +~s..~`. ~'~~ FXP~RES;JMI.29, 24I2 ''~r~ei+r`~ WWI~!.AANONh1t7TARY~eom (SEAL) STATE 4F FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me thi~~~`~da of Jul , 200$ b Y Y Y Thomas G. Hinners, President of Florida Affordable Housing, Inc., a Florida non-profit corporation, General Partner of Auburn Trace Joint Venture, a Florida genera! partnership, General Partner of Auburn Trace,. Ltd., a Florida limited partnership, on behalf of the partnership. He is personally known to me or has produced (type of identification) as identif cation and did/did not take an ",",• Janey Gamble ~~*Ylt•`'••~ ~ignatvre fNotary. Public _~ ~; ~COMM15510N~4p753531 State of lorida %~~ ~ fXPIRES:JAFl. 29, 2412 :'~.nFii```•, 1YVrV1,~1ARf}N~OTARYcoa1 (SEAL} 0:1AUBM0311easement frm for const maim IiR station 8-t)B.doc TEMPORARY LIFT STATION EASEMENT EXH I B ~T r~,~ AUB RN TRACE PLAT BOOK 64, PAGES 184786 1VQRTH CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA SCALE: 1"-30' .__...___-.__._- I ~ i l -~--~- r 'UTILITY EASEMENT I I I i ~ TRACT F I I I F'OR WATER MAINS I PER PLAT BOOK 64, PAGES 184-186 (LIFT STATION SITE} I I I i (P.B. 64, PGS. 784-186} I ~ I I 12' FLORIDA POWER 8~ LIGHT N 89°43'47" E 76.00' i ~ _ I I EASEMENT {O. R.B. 3012, PG. 1827) , - - _ - - - , ^ - I ~ „~ J _, - - _ _ Z - --,._-_. _.--.----_.__- -`_ _~ . 500°16'13"E ~N ~9°~3' 7"iE 252.42' . I I _-_-----____~_==___-__ ---14.00' ------I I- .._._ : ..._ _ ._ ._ S 00°7 6`7 3" E 22°00• --~- " I-. T ~ -I- - - -- - - ~--- -- - - I I I - _- ---- 1 ~S 00.76`73" E22.OOJ- l . --.-_......_-------- ------ ~~--~_ ~---__-__-- I j -r----- - __....._.____ __~_L~ ._ 1 1__ .________ i - I I ------ T -! (EAST LINE -- ~~ ._ _ _ _ - _ _ _ ~..-. !~~ IOF TRACT C I --___----------- ---_.~~~_-_._r_ _ ._.._------~- ~ f 12' SEWER AND I N 89`43'47" E 76.00' I ACCESS EASEMENT !- - - - - - - - - -- j ! ~ ~ PER PLAT BOOK 64, 12' WATER EASEMENT F- i I ~ l ! ~ c~ ~ PAGES 184186 z I PER PLAT BOOK 64, 12' SEWER EASEM>=NT PAGES 184-186 w Y i I j t~ O~ ~' I PER PLAT BOOK 64, TRACT C ~ ~ O o0 I I ( I ~ ~ ~ ,- PAGES 18418f? {HOUSING TRACT} ~~~ t I I I ~ g m a l AUBURN TRACE a~~ I l l l l ~ w¢ ~ (P.i3.64, PGS. 184-186} ~ p~ ~ I ~ i ~ I r' a ~ ~aa I I SOUTH LINE OF TRACT C (P.B. 64, PG. 184-186) I--+---I I ! I LEGAL DESCRIPTIQN ~ I ~~E CORNER TRACT F, AUBURN TRACE, ACCORDING TO THE PLAT THEREOF I "~ AF TRACT C A5 RECORbEb IN PLAT BOOK 64, AT PAGES 484 TI•iROUGH '186 OF THE PUBLIC N 89°29'23" E 681.07' RECORDS OF PALM BEACH COUNTY, FLORIDA. `J' ' ' - ^ ' ' -"` ' ' ~ ' ' - NOTEc NORTH LINE OF LOT 27 (P.B. 1, PG. 4) 1) BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF AUBURN TRACE, ACCORDING TO THE PLAT THEREOF, AS RECORbEb IN PLAT BOOK 64, AT PAGE 184 THROUGH 186 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; HAVING AN ASSUMED BEARING OF NORTH 89°29'23' EAST. 2) THIS SKETCH bOES NOT REFLI=CT ANY EXISTING IMPROVEMENTS. H OLRIDA SwEAAT~ B AI+~0~9 ~M~TA, INC. 3) THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED AS bIRECTED BY THE CLIENT. SY: bANIEL C. LAAiC ~ 4) TH18 SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENTA FIELD PROFESSIONAL SUR t rND MAPPER SURVEY. (THIS IS NOT A SURVEY.) FLOR}bA REG. N0. 511 S R~~s HeEler - U~eaver and She~eme~a, inc. ~T° DRAWN BY: 5.15AAC Engineers ... Surveyors and Mappers caY: D.LA+4!( 310 S.E 7st 5>reet, 5elte 4 Delray Beach, Florida 33483 gam; 1 OF 3 LB. rao: ooasaas 561 243-8700 ^ Phone - [ } (561) 243-67T1-Fax .~ Ivo, a8-,sast.a~o-ss, W L W .~ ~e ~~ ~ ~~o. - ~' '~N iy ~ ~ O_ O 0 cv MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney DATE: August 12, 2008 SUBJECT: AGENDA ITEM 10.D1 -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 ACCEPTANCE OF AN EASEMENT DEED/AUBURN TRACE LTD. ITEM BEFORE COMMISSION Acceptance of an easement deed for a lift station from Auburn Trace Ltd. BACKGROUND The attached easement deed grants to the City the right to maintain, construct and locate its lift station on Tract F of the Auburn Trace Plat. This is the same area that the City released its interest in by way of a quit claim deed at the request of Auburn Trace Ltd. in order to clear up some title issues. RECOMMENDATION Staff recommends acceptance of the easement deed. Prepared by: RETURN: R. Brian Shutt,. Esq. City Attorney's gf~"ice 2fl0 N.W. Ist Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE,. made this ~ day of July, 200$, by and between AUBURN TRACE, LTD., a Florida limited partnership, whose mailing address is 777 East Atlantic Ave., Suite 200, Delray Beach,. FL 33483, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, far and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a sewer lift station with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such sewer lift station well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress. over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and al! mortgages ar liens encumbering this easement. The party of the first part also agrrees to erect no building or effect any other kind of construction or improvements upon the above- described property. Tt is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon., will be restored to its original or like condition without expense to the properly owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and Iawful authority to grant the above_described easement and that the same is unencumbered except as provided above. Where the contest of thin Easement Deed allows or permits, the same shall. include the successors. or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above- written. PARTY OF T'HE FIRST PART AUBURN TRACE, LTD., a Florida limited partnership By: Auburn Trace Joint Venture, a Florida general partnership, its General Partner WITNESS #I: ~r 4~! 1+11 L ~NN/E ~'• ST/~rJpll~C-~E~ (name printed or typed) By: Auburn Management, Inc., a Florida corporation, its General Partner By: ~ ~-~--:~ Brian J. Hinners, President wITNESS ~z: -~ (name printed ar typed) STATE OF FLORIDA COUNTY OF FALM BEACH By: Florida Affordable Housing, Inc., a Florida non-profit corporation, its General PartneL By v ~ - Thomas G. Hinners, President 2 . _~,~ The foregoing instrument was acknowledged before me this/ day of July, 2(]08 by Brian J. Hinners, .President of Auburn Management, Inc.,. a Florida corporation, General Partner of Auburn Trace Joint Venture, a Florida general partnership, General Partner of Auburn Trace, Ltd., a Florida limited partnership, on behalf of the partnership. He is personally known tome or has produced (type- of identifir~tion) as identific 'gin and did/did not take an oath. •~pr'~% Janey Gamble -,,~~...r gnature o otary Public - -_;'~°;COA1MtssIF}NfDD753531 State of Fl rida =;~..~'`~ DcaIRES:JAN. 29, 2012 'Q4~;tit `'• V4'WY~f,AJ{ItDN1V0iRRYCOn1 (SEAL) STATE OF FLORIDA COiJNTY OF PALM BEACH The foregoing instrument was acknowledged before me thi~-3~`gda of Jul , 20Q8 b Y Y Y Thomas G. Hinners, President of Florida Affordable Housing, Inc., a Florida non-profit corporation, General Partner of Auburn Trace Joint Venture, a Florida general partnership, Creneral Partner of Auburn Trace, Ltd., a Florida limited partnership, on behalf of the partnership. He is personally known to me or has produced (type of identification) as identification and did/did not take an ,~"~'tf~ Janey Gamble ~~~,~ r~' gnature fNotary Public :COMM155ioNt00753531 State of lorida y'~`. EXPIRES: JA1H, 29, 2012 '.;~~~~•r` wwV4,AARnNN8TARltcarn (SEAL) 0:1AUBIvID3l leasement frm far const maim lift station 8-U8.doc TEMPORARY LIIpT STATION EASEMENT EXHIBIT r~', AUBURN TRACE PLAT BOOK 64, PAGES 184186 NDRTH CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA gCq~, 1•r~~ ___~_.~________ _~.-_-__-~.__~____.~~_r+ I I _-_ __-- I II , rl 4 'UTILITY EASEMENT ~ I I I I ~ I i FOR WATER MAINS TRACT IF I I PER PLAT BOOK 64, PAGES 1841 B6 (LIFT STATION SITE) I j (P,B. 64, PGS. 184-1&S) I. I I 12' FLORIDA POWER & LIGHT EASEMENT {O.R.B. 3012, PG. 1827} - J N 89`43'4T' E i 600 j - j I f ~ ~ J ` - - ^ ..._ Z ~^ ------r--------.~ S 00°16'13" E fN 9°~3' 7"IE 252.42' . Y _ S 00.16"7 3" E 22.00' r l I i -^^^~-___ __ _- _ -- ~500'16'13`E22,OOJ- I ----- I ~~ I I I ~ -------- --~-~-~ - - -----~--- I i --- - - T ~-I IEASTLINE .~ _-_._._~ _ _ _ - ._. ~ _~ I OF TRACT C : _ _______ _ ______ I - ......1.._. - -I,- --- - -12' SEWER AND - f -- - ~ --I - N 89'43'4T' E 16.00' I j ACCESS EASEMENT L_ - - - - j I ~ -oho PER PLAT BOOK fi4, 12' WATER EASEMENT - - - F - ? I J I ~ PAGES 184-186 z I E PER PLAT BOOK fi4, I w Y ~ . 12' SEWER EASEMENT PAGES 184-188 w Y I I E ~ O ~ ~ PER PLOT BOOK 64, TRACT C ~ ¢ p ~ f ' I I ~ ~ ~ PAGES 184186 {HOUSING TRACT} ~ ~ ~ ~ I f I I ~ ~ ~ v AUBURN TRACE ¢ a ~, I I I N u~i a ~ (P,B. 64, PGS. 184-186) ~ ~ ~ I ~ ~ I ~ a a SOUTH LINE OF TRACT C (P.B. 64, PG. 184-186) ~ a a j -~ ~ ~ L LEGAL DESCRIPTION ~ ~ I I I ~I SSE CORNER ~• `-t I- ,OF TRACT C TRACT F, AUBURN TRACE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN FIAT BOOK 64, AT PAGES 184 THROUGH 186 OF THE PUBLIC N 89°29'23" E 681.07' RECORDS OF PALM BEACH COfJNTY, FLORIDA. - ' ' - ~ ' ' - ' `~ ' ' - NOTE NORTH LINE OF LOT 27 (P.B. 1, PG. 4) 1) BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF AUBURN TRACE, .ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64, AT PAGE 164 THROUGH 186 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, F!_ORIDA; HAVING AN ASSUMED BEARING OF NORTH 89°29'23" EA57. 2) THIS SKETCH DOES NOT REFLECT ANY FJCISTING IMPROVEMENTS. HELLEI~ W~A~ER A D S . E M A, INC. FLORIDA STATE L.S.. O 9 ~, 3) THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED A5 DIRECTED BY THE ~ CLIENT. 1 BY: DANIEL C. LAAiC ~ 4) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD PROFESSIONAL SURVE ~ rND MAPPER SURVEY. (fHlS IS NOT A SURVEY.) FLORIDA REG. N0.511$ ~'~$ Heeler -1Neaver and Sheremeta, inc~ °"~ En ineers .._ Starve ors and Ma ers DRAWN BY: S.ISAAG 9 y ~P CHECI~U BY: p. UTAIC 310 S.E.1st Street, Suttee 4 Delray Beach, Florida 33483 ~; 1 OF i E.B, N4.OD[334g6 i..e. ho, oomaes (561) 243-8700 -Phone (561) 243777 -Fax ~nA Nn. oe-'E54551 _a9o,559