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09-03-08 Agenda Reg ëØÖÈÑÜËúÎÐÐÔÊÊÔÎÏðØØÉÔÏÖ ëèñøê÷îëíèûñôúíüëéôúôíüéôîï æØÙÏØÊÙÜÄ êØÍÉØÐÛØË íèûñôúúîððøïé éÕØÍÈÛÑÔÚÔÊØÏÚÎÈËÜÖØÙÉÎÎ××ØËÚÎÐÐØÏÉÊÆÔÉÕÉÕØÎËÙØË ëØÖÈÑÜË Î×ÍËØÊØÏÉÜÉÔÎÏÛØÔÏÖÜÊ×ÎÑÑÎÆÊúÔÉÄêÉÜ××ÍÈÛÑÔÚÚÎÐÐØÏÉÊúÎÐÐÔÊÊÔÎÏÙÔÊÚÈÊÊÔÎÏ ðØØÉÔÏÖ ÜÏÙÎ××ÔÚÔÜÑÜÚÉÔÎÏúÔÉÄúÎÐÐÔÊÊÔÎÏÐØØÉÔÏÖÊÜËØÛÈÊÔÏØÊÊÐØØÉÔÏÖÊÜÏÙÉÕØËÔÖÕÉÉÎ ÍÐöØÏØËÜÑÑÄËØÐÜËÒÊÛÄÜÏÔÏÙÔÇÔÙÈÜÑÆÔÑÑ ÑÔÐÔÉÙÔÊÚÈÊÊÔÎÏËØÊÉÊÆÔÉÕÉÕØúÎÐÐÔÊÊÔÎÏ íÈÛÑÔÚÛØÑÔÐÔÉØÙÉÎÉÕËØØÐÔÏÈÉØÊÎËÑØÊÊ éÕØðÜÄÎËÎËÍËØÊÔÙÔÏÖÎ××ÔÚØËÕÜÊÙÔÊÚËØÉÔÎÏÉÎ õØÜËÔÏÖÊ ÜÙÓÈÊÉÉÕØÜÐÎÈÏÉÎ×ÉÔÐØÜÑÑÎÚÜÉØÙ ÍÐ ùØÑËÜÄûØÜÚÕ úÔÉÄõÜÑÑ ü íÈÛÑÔÚõØÜËÔÏÖÊüÏÄÚÔÉÔÃØÏÔÊØÏÉÔÉÑØÙÉÎÊÍØÜÒÎÏÔÉØÐÊÈÏÙØËÉÕÔÊÊØÚÉÔÎÏ û úÎÐÐØÏÉÊÜÏÙôÏÌÈÔËÔØÊÎÏïÎÏüÖØÏÙÜôÉØÐÊ×ËÎÐÉÕØíÈÛÑÔÚüÏÄÚÔÉÔÃØÏÔÊ ØÏÉÔÉÑØÙÉÎÛØÕØÜËÙÚÎÏÚØËÏÔÏÖÜÏÄÐÜÉÉØËÆÔÉÕÔÏÉÕØÊÚÎÍØÎ×ÓÈËÔÊÙÔÚÉÔÎÏÎ×ÉÕØ úÎÐÐÔÊÊÔÎÏÈÏÙØËÉÕÔÊÊØÚÉÔÎÏéÕØúÎÐÐÔÊÊÔÎÏÐÜÄÆÔÉÕÕÎÑÙÚÎÐÐØÏÉÎË ÙÔËØÚÉÉÕØúÔÉÄðÜÏÜÖØËÉÎÉÜÒØÜÚÉÔÎÏÎÏËØÌÈØÊÉÊÎËÚÎÐÐØÏÉÊ ú ëØÖÈÑÜËüÖØÏÙÜÜÏÙ÷ÔËÊÉëØÜÙÔÏÖôÉØÐÊíÈÛÑÔÚÔÏÍÈÉÎÏÜÖØÏÙÜØÙÔÉØÐÊÎÉÕØË ÉÕÜÏÉÕÎÊØÉÕÜÉÜËØÊÍØÚÔ×ÔÚÜÑÑÄÊØÉ×ÎËÜ×ÎËÐÜÑÍÈÛÑÔÚÕØÜËÔÏÖÊÕÜÑÑÛØÜÑÑÎÆØÙ ÆÕØÏÜÖËØØÙÛÄÚÎÏÊØÏÊÈÊÎ×ÉÕØúÔÉÄúÎÐÐÔÊÊÔÎÏ êôöïôïêõøøé íËÔÎËÉÎÉÕØÊÉÜËÉÎ×ÉÕØúÎÐÐÔÊÊÔÎÏðØØÉÔÏÖÔÏÙÔÇÔÙÈÜÑÊ ÆÔÊÕÔÏÖÉÎÜÙÙËØÊÊÍÈÛÑÔÚÕØÜËÔÏÖÎËÏÎÏÜÖØÏÙÜØÙÔÉØÐÊÊÕÎÈÑÙÊÔÖÏÔÏÎÏÉÕØÊÕØØÉ ÑÎÚÜÉØÙÎÏÉÕØËÔÖÕÉÊÔÙØÎ×ÉÕØÙÜÔÊô×ÄÎÈÜËØÏÎÉÜÛÑØÉÎÙÎÊÎÍËÔÎËÉÎÉÕØÊÉÜËÉÎ×ÉÕØ ÐØØÉÔÏÖÄÎÈÐÜÄÊÉÔÑÑÜÙÙËØÊÊÉÕØúÎÐÐÔÊÊÔÎÏÎÏÜÏÜÍÍËÎÍËÔÜÉØÔÉØÐéÕØÍËÔÐÜËÄ ÍÈËÍÎÊØÎ×ÉÕØÊÔÖÏÔÏÊÕØØÉÔÊÉÎÜÊÊÔÊÉÊÉÜ××ÆÔÉÕËØÚÎËÙÒØØÍÔÏÖéÕØËØ×ÎËØÆÕØÏÄÎÈ ÚÎÐØÈÍÉÎÉÕØÍÎÙÔÈÐÉÎÊÍØÜÒÍÑØÜÊØÚÎÐÍÑØÉØÉÕØÊÔÖÏÔÏÊÕØØÉÔ×ÄÎÈÕÜÇØÏÎÉ ÜÑËØÜÙÄÙÎÏØÊÎ üùùëøêêôïöéõøúîððôêêôîï üÉÉÕØÜÍÍËÎÍËÔÜÉØÉÔÐØÍÑØÜÊØÊÉØÍÈÍÉÎ ÉÕØÍÎÙÔÈÐÜÏÙÊÉÜÉØÄÎÈËÏÜÐØÜÏÙÜÙÙËØÊÊ×ÎËÉÕØËØÚÎËÙüÑÑÚÎÐÐØÏÉÊÐÈÊÉÛØ ÜÙÙËØÊÊØÙÉÎÉÕØúÎÐÐÔÊÊÔÎÏÜÊÜÛÎÙÄÜÏÙÏÎÉÉÎÔÏÙÔÇÔÙÈÜÑÊüÏÄÍØËÊÎÏÐÜÒÔÏÖ ÔÐÍØËÉÔÏØÏÉÎËÊÑÜÏÙØËÎÈÊËØÐÜËÒÊÎËÆÕÎÛØÚÎÐØÊÛÎÔÊÉØËÎÈÊÆÕÔÑØÜÙÙËØÊÊÔÏÖÉÕØ úÎÐÐÔÊÊÔÎÏÊÕÜÑÑÛØÛÜËËØÙÛÄÉÕØÍËØÊÔÙÔÏÖÎ××ÔÚØË×ËÎÐÊÍØÜÒÔÏÖ×ÈËÉÕØËÈÏÑØÊÊ ÍØËÐÔÊÊÔÎÏÉÎÚÎÏÉÔÏÈØÎËÜÖÜÔÏÜÙÙËØÊÊÉÕØúÎÐÐÔÊÊÔÎÏÔÊÖËÜÏÉØÙÛÄÜÐÜÓÎËÔÉÄÇÎÉØ Î×ÉÕØúÎÐÐÔÊÊÔÎÏÐØÐÛØËÊÍËØÊØÏÉ üííøññüéøíëîúøùèëøê íÑØÜÊØÛØÜÙÇÔÊØÙÉÕÜÉÔ×ÜÍØËÊÎÏÙØÚÔÙØÊÉÎÜÍÍØÜÑÜÏÄÙØÚÔÊÔÎÏÐÜÙØÛÄÉÕØúÔÉÄ úÎÐÐÔÊÊÔÎÏÆÔÉÕËØÊÍØÚÉÉÎÜÏÄÐÜÉÉØËÚÎÏÊÔÙØËØÙÜÉÉÕÔÊÐØØÉÔÏÖÊÈÚÕÍØËÊÎÏÆÔÑÑ ÏØØÙÉÎØÏÊÈËØÉÕÜÉÜÇØËÛÜÉÔÐËØÚÎËÙÔÏÚÑÈÙØÊÉÕØÉØÊÉÔÐÎÏÄÜÏÙØÇÔÙØÏÚØÈÍÎÏÆÕÔÚÕ ÉÕØÜÍÍØÜÑÔÊÛÜÊØÙéÕØúÔÉÄÏØÔÉÕØËÍËÎÇÔÙØÊÏÎËÍËØÍÜËØÊÊÈÚÕËØÚÎËÙ éÕØúÔÉÄÆÔÑÑ×ÈËÏÔÊÕÜÈÅÔÑÔÜËÄÜÔÙÊÜÏÙÊØËÇÔÚØÊÉÎÜ××ÎËÙÜÏÔÏÙÔÇÔÙÈÜÑÆÔÉÕÜ íÕÎÏØ ÙÔÊÜÛÔÑÔÉÄÜÏÎÍÍÎËÉÈÏÔÉÄÉÎÍÜËÉÔÚÔÍÜÉØÔÏÜÏÙØÏÓÎÄÉÕØÛØÏØ×ÔÉÊÎ×ÜÊØËÇÔÚØ ÍËÎÖËÜÐÎËÜÚÉÔÇÔÉÄÚÎÏÙÈÚÉØÙÛÄÉÕØúÔÉÄúÎÏÉÜÚÉùÎÈÖêÐÔÉÕÜÉ ÷ÜÅ ÕÎÈËÊÍËÔÎËÉÎÉÕØØÇØÏÉÔÏÎËÙØË×ÎËÉÕØúÔÉÄÉÎÜÚÚÎÐÐÎÏÙÜÉØÄÎÈËËØÌÈØÊÉ üÙÜÍÉÔÇØÑÔÊÉØÏÔÏÖÙØÇÔÚØÊÜËØÜÇÜÔÑÜÛÑØ×ÎËÐØØÉÔÏÖÊÔÏÉÕØúÎÐÐÔÊÊÔÎÏ úÕÜÐÛØËÊ ëøöèñüëðøøéôïöüöøïùü ëîññúüññ ôïçîúüéôîï íñøùöøî÷üññøöôüïúøéîéõø÷ñüö üöøïùüüííëîçüñ üííëîçüñî÷ðôïèéøê üÈÖÈÊÉ ëØÖÈÑÜËðØØÉÔÏÖ ü üÈÖÈÊÉ æÎËÒÊÕÎÍðØØÉÔÏÖ û íëîúñüðüéôîïê ÉÕ ü õÜÏÙ«Êî××ÔÚØêÈÍÍÑÄüÏÏÔÇØËÊÜËÄ êÍÜÙÄñÔÇÔÏÖõØËÔÉÜÖØùÜÄ§êØÍÉØÐÛØË û íëøêøïéüéôîïê üïîïø úîïêøïéüöøïùü úÔÉÄðÜÏÜÖØËëØÚÎÐÐØÏÙÊüÍÍËÎÇÜÑ ëøìèøêé÷îëêôùøæüñòùø÷øëëüñ ûüèõôïôüëîüùüÍÍËÎÇØÜËØÌÈØÊÉÉÎÙØ×ØË ü ÉÕØÔÏÊÉÜÑÑÜÉÔÎÏÎ×ÜÊÔÙØÆÜÑÒÜÑÎÏÖûÜÈÕÔÏÔÜëÎÜÙÜÏÙêØÜÖÜÉØùËÔÇØ×ÎËÍËÎÍØËÉÄÑÎÚÜÉØÙÜÉ ûÜÈÕÔÏÔÜëÎÜÙ ëøêîñèéôîïïî üûüïùîïðøïéî÷üæüéøëøüêøðøïéèïôéøùêéîëüññ û úøïéøë÷òüùøñëüäûøüúõøåéëüúñîêøéüÍÍËÎÇØëØÊÎÑÈÉÔÎÏ ÇÜÚÜÉÔÏÖÜÏÙ ÜÛÜÏÙÎÏÔÏÖÜ ×ÎÎÉÆÜÉØËØÜÊØÐØÏÉÆÔÉÕÔÏèÏÔÉØÙêÉÎËüÑÑúØÏÉØË×ÒÜùØÑËÜÄûØÜÚÕøÅÉËÜ úÑÎÊØÉÑÎÚÜÉØÙÜÉ ðÔÑÔÉÜËÄéËÜÔÑ úîïéëüúéúñîêøîèéúîïî÷ôïüñæøêéúîïêéëèúéôîïôïúüÍÍËÎÇØ ú úÎÏÉËÜÚÉúÑÎÊØÎÈÉúÕÜÏÖØîËÙØËïÎ÷ÔÏÜÑÔÏÉÕØÜÐÎÈÏÉÎ× ÙØÚËØÜÊØÜÏÙ×ÔÏÜÑ ÏÙ ÍÜÄÐØÏÉÔÏÉÕØÜÐÎÈÏÉÎ× ÚÉÔÎÏôÏÚ×ÎËÚÎÐÍÑØÉÔÎÏÎ×ÉÕØêæ üÇØÏÈØêÉËØØÉÊÚÜÍØôÏ×ËÜÊÉËÈÚÉÈËØôÐÍËÎÇØÐØÏÉÊíËÎÓØÚÉ÷ÈÏÙÔÏÖÔÊÜÇÜÔÑÜÛÑØ×ËÎÐ ÏÙÊÉ öØÏØËÜÑúÎÏÊÉËÈÚÉÔÎÏ÷ÈÏÙúÜÍÔÉÜÑîÈÉÑÜÄêæüÇØ§êæ êÉÉÎæüÉÑÜÏÉÔÚ ÏÙÊÉ ÜÏÙ êÉÎËÐæÜÉØËèÉÔÑÔÉÄ÷ÈÏÙîÉÕØËôÐÍËÎÇØÐØÏÉÊêæüÇØ§êæ êÉÉÎæüÉÑÜÏÉÔÚ ù÷ôïüñêèûùôçôêôîïíñüéüííëîçüñíüëüùôêøûüïòüÍÍËÎÇØÜ×ÔÏÜÑÊÈÛÙÔÇÔÊÔÎÏÍÑÜÉ ×ÎËíÜËÜÙÔÊØûÜÏÒÑÎÚÜÉØÙÎÏÉÕØÏÎËÉÕØÜÊÉÚÎËÏØËÎ×ïÎËÉÕ÷ØÙØËÜÑõÔÖÕÆÜÄÜÏÙêÎÈÉÕñÜÒØ üÇØÏÈØ úñøüëûëîîòíüëòõîðøîæïøëêüêêîúôüéôîïéëü÷÷ôúøï÷îëúøðøïé ø üöëøøðøïéüÍÍËÎÇØÜÉËÜ××ÔÚØÏ×ÎËÚØÐØÏÉÜÖËØØÐØÏÉÛØÉÆØØÏÉÕØúÔÉÄÜÏÙÉÕØúÑØÜËÛËÎÎÒ íÜËÒõÎÐØÎÆÏØËÊüÊÊÎÚÔÜÉÔÎÏÜÑÑÎÆÔÏÖÉÕØùØÑËÜÄûØÜÚÕíÎÑÔÚØùØÍÜËÉÐØÏÉÉÎØÏ×ÎËÚØÑÎÚÜÑÜÏÙ ÊÉÜÉØÉËÜ××ÔÚÑÜÆÊÎÏÔÉÊÍËÎÍØËÉÄ íëîóøúéüöëøøðøïéüðøïùðøïé÷ñîëôùüôïñüïùïüçôöüéôîïüñùôêéëôúé ÷ ÷ôïùðüïöëîçøíüëòüòüùøñëüäôïéëüúîüêéüñíüëòüÍÍËÎÇØÜíËÎÓØÚÉ üÖËØØÐØÏÉüÐØÏÙÐØÏÉÛØÉÆØØÏÉÕØúÔÉÄÜÏÙ÷ÑÎËÔÙÜôÏÑÜÏÙïÜÇÔÖÜÉÔÎÏÜÑùÔÊÉËÔÚÉ÷ôïùÉÎ ØÅÉØÏÙÉÕØÚÎÐÍÑØÉÔÎÏÉÔÐØ×ÎËÜÎÏØ ÄØÜËÍØËÔÎÙØÏÙÔÏÖêØÍÉØÐÛØË ×ÎËðÜÏÖËÎÇØíÜËÒ ÜÒÜùØÑËÜÄôÏÉËÜÚÎÜÊÉÜÑíÜËÒðêü íËÎÓØÚÉ handicapped spaces, shall be provided for public parking~urposes. O. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DELRAY BEACH HOUSING AUTHORITY FOR CARVER ESTATES/AUBURN AVENUE: Approve an Interlocal Agreement between Palm Beach Count, the City and Delray Beach Housing Authority (DBHA) for a County grant of $1,000,000.00 for infrastructure within the City's right-of-way and subsequent City maintenance. P. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/PLANNING AND OTHER SERVICES: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in an amount up to $110,000.00 per year for planning and other services related to the formation and implementation of neighborhood plans, mapping and graphic services, computer network services and shared use of a Parking Management Specialist. Q.INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/PLAN REVIEWER II: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in an amount up to $72,600.00 per year for a Plan Reviewer II position in the Community Improvement Department for the prioritization of CRA projects for plan review and permit approval. R. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/NEIGHBORHOOD PLANNER: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for funding up to $34,410.00 per year for a Neighborhood Planner position to be assigned to the Neighborhood Resource Center to serve as a liaison between the CRA and the Community Land Trust (CLT) outreach services. The CRA shall contribute 50% of the cost of this position. S. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/IN-HOUSE PROTECT MANAGEMENT SERVICES: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $87,900.00 for funding of the in-house Project Management Services position in the Environmental Services Department/Engineering Division. The Project Manager position manages certain projects located in the Community Redevelopment Agency (CRA) district T. SERVICE AUTHORIZATION NO. 07-07/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 07-07 in the amount of $81,959.00 to Mathews Consulting, Inc. for the design of 14th Avenue Roadway, Alleys, and Drainage Improvements. Funding is available from 334-3162- 541-68.05 (General Construction Fund/Other Improvements/S.W. 14th Alley Improvementsl. U. FIRST AMENDMENT TO AGREEMENT/PALM BEACH COUNTY/DELRAY ROCKS FOOTBALL AND CHEERLEADING ORGANIZATION TRIP: Approve the First Amendment to Palm Beach County Recreation Assistance Program Funding Agreement between the City and Palm Beach County in an amount not to exceed $3,000.00 to assist with the cost of the Delray Rocks Youth Organization football and cheerleading trip. V. PROPOSED SEVERANCE PACKAGE: Approve the proposed severance package as discussed at the August 26, 2008 Workshop Meeting. W. AGREEMENT/ANNE M. GANNON, TAX COLLECTOR FOR PALM BEACH COUNTY: Approve an agreement between the City and Anne M. Gannon as Tax Collector for Palm Beach County to provide billing and collection services on the tax bills for our storm water utility for a one percent (1%) fee. X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 18, 2008 through August 29, 2008. Y. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Oceanside Beach Service, Inc. for the rental of Beach Cabanas and Beach Equipment at the City of Delray Municipal Beach. The contractor shall pay the City a flat rate of $12,345.67 per month plus sales tax. 2. Purchase award to Ten-8 Fire Equipment, Inc. in the amount of $389,944.50 for the purchase of one ~) 2009 Pierce 100' Platform on Velocity Chassis through St..Tohn's County RFP #07- 53. Funding is available from 501-3312-591-64.25 (Garage Fund/Machinery Equipment/ Heavy Equipment). REGULAR AGENDA: A. CONDITIONAL USE RE~UEST/XF MARTIAL ARTS: Consider a conditional use request to allow the establishment of an instructional martial arts facility within a 2,565 square foot tenant bay for XF Martial Arts, located at 2875 South Congress Avenue in the Delray Corporate Center. (Quasi-Judicial Hearing) B. WAIVER REQUEST/ST. GEORGE SUITES/AUXILLARY POWER GENERATOR: Consider a request for waiver of Land Development Regulations (LDR) Sections 4.3.3(00, "Multifamily Residential Buildings Equipped with Elevators", which requires that all new multifamily residential buildings (including hotels and motels) equipped with public elevators shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one (1) public elevator. (Quasi-Judicial Hearing) C. CONTRACT AWARDS/PROPERTY & CASUALTY INSURANCE COVERAGE: Consider approval of the contract award through RFP #2008-48 to Employers Mutual, Inc. for broker services and Gallagher Bassett Services Inc for Third Party Claims Administrator (TPA) services for property and casualty insurance coverage for the period of October 1, 2008 through September 31, 2011. D. NOTE, MORTGAGE MODIFICATION AND SUBORDINATION AGREEMENT/AUBURN TRACE, LTD: Consider approval of a Note, Mortgage Modification and Subordination Agreement between the City and Auburn Trace, Ltd which includes, in writing, the previously agreed upon terms to forgive one million dollars of the UDAG loan if paid by 2010, and the payment of the Land Note to the City in the amount of $276,432.00 upon execution of the modification and however, adds a Subordination Agreement;~roviding that the City will be moved from second place behind the Orion Bank Mortgage to fourth place behind two loans from Orion Bank and behind the Small Business Loan. E. GRANTS FUNDING FOR NON-PROFIT AGENCIES: Consider grant funding for non-profit agencies for FY 2008-2009. F. APPOINTMENTS TO THE BOARD OF AD.TUSTMENT: Appoint one ~) regular member to the Board of Adjustment to serve a two ~) vear term ending on August 31, 2010 and one ~) alternate member to serve an unexpired term ending August 31, 2009. Based upon the rotation system, the appointments will be made by Commissioner McDuffie (Seat #3) and Commissioner Bernard (Seat #~ G. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one ~) regular member and one ~) student member to serve an unexpired term ending on .Tuly 31, 2009. Based upon the rotation system the appointments will be made by Commissioner Bernard (Seat #4) and Commissioner McDuffie (Seat #3). 10. PUBLIC HEARINGS: A. RESOLUTION N0.39-08 (TENTATIVE MILEAGE LEVY):A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2009. B. RESOLUTION N0.40-08 (TENTATIVE MILEAGE LEVY/DDA):A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2009. C. RESOLUTION NO. 41-08 (TENTATIVE BUDGET ADOPTION FOR FY 2009):A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2008 through September 30, 2009. D. RESOLUTION NO. 32-08/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/COMMUNITY REDEVELOPMENT AGENCY: Consider approval of Resolution No. 32-08 authorizing the City to transfer/sell City owned property, located at N.W. 2"a Street, to be utilized for affordable housing~urposes, and approve Contract for Sale and Purchase between the City and the Delray Beach Community Redevelopment Agency in the amount of $10.00. E. ORDINANCE NO. 37-08:Transmittal hearing for Comprehensive Plan Amendment 2008-WSPl, regarding the Water Supply Facilities Work Plan. F. ORDINANCE NO. 09-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR) amending Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "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(O~, "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.If passed, a second public hearing will be scheduled for September 16, 2008 G. ORDINANCE NO. 30-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendments 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 Land Development Regulations (LDR, amending Section 4.5.1, "Historic Preservation Sites and Districts", Subsection (D~ "Review And Approval Procedures", ~), "Development Standards", ~), "Restrictions on Demolitions",~H~, "Undue Economic Hardship", and ~), "Historic Preservation Board to act on Site Plans, Landscape Plans, and Architectural Elevations", to require that relocation of a structure not occur until the building permit for the redevelopment plans have been issued. If passed, a second public hearing will be scheduled for September 16, 2008. H. ORDINANCE NO. 41-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Section 2.4.30 "Standard Plan Items", Section 2.4.3(M) "Credentials for Preparation of Certain Submission Items" and Section 4.6.8 "Lighting" to provide for new lighting standards. (THIS ORDINANCE IS REQUESTED TO BE POSTPONED. ) I. ORDINANCE NO. 35-08 (FIRST READING/FIRST PUBLIC HEARING):City initiated amendment to the Land Development Regulations (LDR) amending Section 4.6.19(D~ "Preservation and Promotion of Existing Plant Communities"; Section 4.6.190, "Tree Removal and Land Clearing Permits", and Appendix "A", "Definitions", to clarify the regulations governing the "Tree Trust Fund." If passed, a second public hearing will be held on September 16, 2008 J. ORDINANCE N0.38-08 (FIRST READING/FIRST PUBLIC HEARING):City initiated amendments to the Land Development Regulations (LDR) for Section 2.4.3, "Submission Requirements", Subsection (K) "Fees" to provide fees for extension requests, Section 2.4.4 "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsections (D~, "Establishment of Project Approvals",~E~, "Expiration of Approvals", and ~), "Extensions", to provide for the expiration and extension of time for Class I - V Site Plan Modifications and Certificates of Appropriateness. If passed, a second public hearing will be held on September 16, 2008. 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. ORDINANCE NO. 42-08: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide fora 5% increase in residential, nonresidential, and irrigation rates for FY 2009. If passed, a public hearing will be scheduled for September 16, 2008. B. ORDINANCE N0.43-08: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates Calculation of Sewer Surcharge", to provide for increased sewer rates for FY 2009. If passed, a public hearing will be scheduled for September 16, 2008. C. ORDINANCE NO. 44-08: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates for FY 2009. If passed, a public hearing will be scheduled for September 16, 2008. D. ORDINANCE NO. 45-08: An ordinance amending Chapter 92, "Boats and Boating," of the Code of Ordinances by amending Subsection 92.33, "Dockage Rates", to provide for a change in the rate structure and the addition of application and daily docking fees. If passed, a public hearing will be held on September 16, 2008. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission AUGUST 19, 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 19, 2008. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie B. McDuffie Commissioner Mackenson Bernard Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Ron Arflin, Chaplain of Abbey Delray. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item 8.G., Service Authorization No. 04- 09.1/CH2M Hill, Inc./Design of New Sludge Thickener Unit of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. The City Manager noted that Item 9.C., Waiver Reguest/Ed Morse Toyota has been withdrawn by the applicant. Staff has determined that this matter can be handled by the Site Plan Review and Appearance Board (SPRAB) as a Master Sign Program and a waiver is not necessary and therefore this can go to SPRAB next week. Mr. McDuffie moved to approve the Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 08/19/08 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of August 5, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to approve the Minutes of the Special/Workshop Meeting of August 12, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. National Alcohol and Drub Addiction Recovery Month Mayor Ellis stated that this proclamation will be mailed. 7. PRESENTATIONS: 7.A. Granicus Award Presentation Mayor Ellis presented the 2008 Granicus Digital Governance 2"d Place Award to the City of Delray Beach, Florida from Granicus, Inc. for Excellence in Disseminating Government Information. Charles Furment, Technical MultiMedia Specialist/IT, came forward to accept the award. Guy Buzzelli, Chief Information Officer, stated Charles started with the City of Delray Beach approximately two years ago as the Office Automation Analyst and in February 2008 was reclassified to a Technical MultiMedia Specialist. Mr. Buzzelli stated Charles has done a fantastic job with the virtual tours and the video streaming in the Commission Chambers, etc. 7.B. Welcome Home Certificate for Harrison Colt McDuffie, AD3 AW/SW Mayor Ellis read a Welcome Home Certificate from the "You Are Not Alone" Program into the record for Petty Officer Harrison Colt McDuffie with the United States Navy. Commissioner McDuffie presented his son Harrison Colt McDuffie with the Welcome Home Certificate. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal -2- 08/19/08 Board at their Quarterly Annual Meeting of July 31, 2008. 8.B. CHANGE ORDER NO. 1/FINAL/SOUTHLAND PAINTING CORP./WATER TREATMENT PLANT CLARIFIER #2 REHABILITATION PROJECT: Approve Change Order No. 1/Final in the amount of a $200.00 decrease and final payment in the amount of $12,432.70 to Southland Painting Corp. for work related to the Water Treatment Plant Clarifier #2 Rehabilitation Project. Funding is available from 442-5178-536-64.90 (Water and Sewer Renewal & Replacement Fund/Other Machinery and Equipment). 8.C. CHANGE ORDER NO. 1/FINAL (CONTRACT CLOSEOUT)/GC WORKS, INC./SUNSHINE NEIGHBORHOOD PARK PROJECT: Approve Change Order No. 1/Final (Contract Closeout) in the amount of a $16,844.22 decrease and final payment in the amount of $16,534.39 to GC Works, Inc. for the completion of the Sunshine Neighborhood Park Project. Funding is available from 334-4151-572-68.39 (General Construction Fund/Other Improvement/Sunshine Park). 8.D. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/CHAZ EQUIPMENT COMPANY, INC./WEST ATLANTIC WATER MAIN PROJECT: Approve a Contract Closeout (Change Order No. 2/Final) in the amount of a $43,862.46 decrease and final payment in the 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). 8.E. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/WEST CONSTRUCTION, INC.: Approve Contract Closeout (Change Order No. 1/Final) in the amount of a $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.). 8.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 Group, 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). 8.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.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 the Police Department in order to bridge the digital divide regarding the provisions of free Internet -3- 08/19/08 services to qualifying families. Palm Beach County 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. 8_I. RATIFICATION OF APPOINTMENTS TO THE PARHING MANAGEMENT ADVISORY BOARD: Approve and ratify the reappointments of Mr. Fran Marincola and Mr. Herman Stevens, Downtown Development Authority Representatives and Mr. Joseph Pike, Planning and Zoning Board Representative (alternate member) to the Parking Management Advisory Board for terms ending July 31, 2010. 8.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. The caption of Resolution No. 34-08 is as follows: 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. (The official copy of Resolution No. 34-08 is on file in the City Clerk's office.) 8.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 (1) year. Funding will be available from 001-1111-511-31.90 pending budget transfer. 8.L. GENERAL RULES OF PROCEDURE OF THE HISTORIC PRESERVATION BOARD: Approve the revised Historic Preservation Board Rules to include the Quasi-Judicial Procedures, and the reference to appealing variances to Circuit Court is now eliminated in light of the new ordinance the City Commission recently passed. 8.M. FIRST AMENDMENT TO FUNDING AGREEMENT/DELRAY YOUTH VOCATIONAL CHARTER SCHOOL: Approve the First Amendment to the funding agreement with Delray Youth Vocational Charter School 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. -4- 08/19/08 8.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. 8.0. 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. 8.P. AWARD OF BIDS AND CONTRACTS: 1. Contract award to H & J 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 ll7- 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 Sheriffs Association Contract #07-15-0827, Specification #4 for the purchase of one (1) 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). At this point, Commissioner McDuffie stepped away from the dais. Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner McDuffie returned to the dais. -5- 08/19/08 9. REGULAR AGENDA: 9.A.A. 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/Sludge Thickener). Richard Hasko, Director of Environmental Services, stated this is a scope increase for our consultant on the City's sludge thickening project at the Water Treatment Plant. He stated as staff got into the preliminary planning of the project staff was not happy with the location that was selected. Mr. Hasko stated staff thought it would work and contracted with CH2M Hill, Inc. to design and as staff got into it they realized it was going to be too crowded for post construction to work around for maintenance aspects. He stated staff relocated it a farther distance across the driveway to the south side of the plant that requires additional sledge handling elements which require additional design work. Mr. Eliopoulos stated he is a little disappointed that the City has paid roughly $90,000.00 before we realized it is not going to work. He stated it is 9.7% of the revised estimated construction cost and assumes this is how CH2M Hill, Inc. is establishing their fee. Mr. Eliopoulos stated in reality we should be below 8%. He stated the City is actually paying for them to coordinate with their consultants (an extra $5,000.00). He expressed concern that the City's paying them extra to work with their consultants in today's market does not make sense. Mr. Eliopoulos expressed concern over the pedestrian walkway (catwalk) system and stated he is worried about the construction estimate. Mr. Hasko stated the catwalk is an addition that is going to be necessary because of where this is going to be relocated. He stated it is now located across an access drive and staff needs to be able to get to it. Mr. Hasko stated the Water Treatment Plan is on two levels; a ground level where you can access individual structures and individual components from the ground for maintenance. There is a second level that is connected by a series of catwalks and the catwalks are primarily used by the plant operators. Mr. Hasko stated the catwalk is important to the operations. He stated in terms of the cost estimate for this project this is a project that has been deferred for about 2-3 years; and it is at the point where this cannot be deferred anymore because we are developing some serious sludge handling problems at the Water Treatment Plant. Mr. Hasko stated staff budgeted approximately $450,000.00 for this project and over the years the cost of construction has gone up and some of the cost increases occurred because of where this is now going to be located so that it works better with the operations of the plant and the cost is approximately $12 million at this point. As far as the consultants' percentage of construction that is something we use to check in terms of the relationship between the consultant cost and the construction cost depending on how wide the scope of services is. Mr. Hasko stated most of the City's Engineering consultants will base their fees on a schedule of estimated hours and employee categories -6- 08/19/08 that are going to be working on this. Then, they will have their sub-consultants down and their profit and overhead on top of that. He stated the City uses the percentage as one check to see if that seems to be a fair price or not. Mr. Hasko stated with regard to the 8% he has not seen 8% in approximately 7-9 years. Mr. Hasko stated if he gets a consultant contract for 10% of the construction costs and that includes all of the sub- consulting (surveying geotechnical work) preparation construction documents, permitting acquisition, bid reviews and the recommendations right up to bid proposal he feels this is a fair price. Mr. Eliopoulos stated with regard to the fees he is surprised that the City is paying that much. He stated from what he knows about the industry when you are talking 10% that is a very good chunk and it is usually involving more of the consultants. Mr. Eliopoulos stated he not only depends on staff but he depends on the professional. He stated if staff was concerned with the space the professional should have been concerned too and feels the professionals should have come up with different options. Mr. Eliopoulos stated it is upsetting to him that now we are moving it and now it is going to cost the City more money. Mr. Hasko stated the $90,000.00 was the original contract amount and is for the entire design from preliminary sketches and drawings up through completion of construction documents, permitting etc. Mr. Hasko stated the City has not paid the $90,000.00 and decided to do something else. Mr. Eliopoulos clarified with Mr. Hasko that CH2M Hill, Inc. has not been paid the $90,000.00. He stated staff is not actually redesigning anything but this is going to require additional design for some additional components (hydraulic and pumping components) because of where this is going to now be placed. Mr. Mackenson moved to approve Service Authorization No. 04- 09.1/CH2M Hill, Inc. in the amount of $28,179.00 to CH2M Hill, Inc., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.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 (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 S.E. 1st Avenue, Old School Square Historic District. (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. -7- 08/19/08 Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. McDuffie stated he spoke to Mr. Weiner for about 15 seconds when he walked in the door tonight. Mr. Bernard stated he spoke to Mr. Weiner for about two minutes on the telephone today. Mayor Ellis stated she spoke to Mr. Weiner. Mr. Eliopoulos stated he talked with the architect, the developer and Mr. Weiner. Mr. Fetzer stated he spoke with the applicant and Mr. Weiner. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-064 into the record. Mr. Dorling stated this proposal was originally before the City Commission on October 2, 2007 as it related to an LDR Amendment which was to apply the CBD Design Guidelines to this lot which is currently zoned OSSHAD. The City Commission had significant discussion about whether that was the appropriate way to address this proposal and they directed staff to work with the applicant in looking at alternatives to this amendment. Mr. Dorling stated staff met with the applicant and the alternative was suggested that the applicant come forward with this development plan which included some waivers and some variances to the original OSSHAD designations which would allow him to accommodate this development. However, he stated it would address concerns as it related to the potential for the increased development intensity if and when this developer did not develop the property. Mr. Dorling stated this was a method by which staff and the applicant agreed upon and they came before the Historic Preservation Board (HPB) on March 6, 2008, for a COA for a Class V modification along with two waivers and four variances. He stated the Board subsequently denied their application and the specifics of the application were for the construction of a new 10,739 square foot office building (which relates to 5,274 square feet of office on the second floor and the majority of first floor being parking. The applicant's attorney appealed that decision on March 18, 2008. The appeal was initially scheduled for City Commission consideration on May 6, 2008. However, the applicant requested the 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. On August 5, 2008, an LDR Amendment was processed and approved by the City Commission which allowed them to consider the variances as well as the Class V and the waivers that were initially part of this development proposal. Staff recommends approval of the request with the conditions identified on page two and three of the City Commission documentation. Mr. Dorling stated there are a couple of conditions that are slightly modified; one that required a waiver to be considered for a guest cottage and that relates to the original site and the second condition that is slightly modified that HPB originally considered relates to condition #10, which is a recommendation that the approval be accompanied by an application for an individual historic listing of this site to assure a current level of protection for this property when and if it is relocated within a historic district or out of a historic district. The City Attorney for clarification stated there are three waivers and four associated variances and the conditions of approval are in the memorandum to the City Commission dated August 12, 2008. -8- 08/19/08 Michael Weiner, 10 S.E. 1st Avenue, Delrav Beach (speaking on behalf of the Applicant), stated this is a lengthy odyssey that began in 2007 and now is in August 2008 concerning what is construction of an office building. He stated the office building produces only about 5,200 square feet of air conditioned office space. Mr. Weiner stated Mr. Perez-Azua has given the appropriate transition so as to let CBD co- exist with our OSSHAD District. Francisco Perez-Azua, 4205 West Atlantic Avenue, Delrav Beach (Architect), gave a brief PowerPoint presentation regarding the parking, setbacks and elevations. Mr. Weiner stated Jim has been working hard to make sure the house is going to be relocated and one of the expressions of interest is from the Community Redevelopment Agency (CRA). He handed out some materials to the Commission and stated with respect to relocation the first sentence reads: "The existing structure on the site is a contributing structure to the Old School Square Historic District, however, its historic setting has been drastically and irreversibly compromised by recent approvals for construction of a new four-story parking garage, Block 69 office building, and Worthing Place residential project." Mr. Weiner stated this is the conclusion of the staff report and they are agreement with it. Further, he stated compliance with the LDRs and with the Comprehensive Plan are also in the staff report and referred to Appendix "A" & "B" that talk about how they meet consistency and compatibility. Mr. Weiner stated this is exactly what they are doing in making this building transitional between OSSHAD (Old School Square Historic Arts District) and CBD (Central Business District) and also how they meet concurrency. He stated there were a lot of things that were necessary from a procedural standpoint for the Commission to consider variances and there are different approaches to variances in the City's Historic Board ordinance and one in our Board of Adjustment ordinance. Mr. Weiner stated they meet all of those criteria and if the Commission has questions about meeting what is called "J1" or "J2" he would be happy to answer them. He stated all of this is approximately 5,000 square feet of space and approximately 4,700 is air conditioned office space and it is 12 feet below what would be required in OSSHAD and noted that there is no attempt to get any kind of third story on this. Mr. Weiner stated considering how long the Commission has considered this and how they have given instructions to both the applicant and to staff to come up with appropriate transition, the developer and Mr. Perez-Azua have made every attempt in order to carry out what the Commission's instructions were to them. Mayor Ellis stated if anyone would like to speak in favor or in opposition of the request, to please come forward at this time. Claudia Willis, 160 Marine Way, Delrav Beach, stated she disagrees with Mr. Perez-Azua's interpretation of the LDRs. She stated to move ahead with these waivers and variances we have to ignore LDR Section 4.51(E)(5) which states "relocation of historic buildings and structures to other sites shall not take place unless it is shown that their preservation on their existing or original sites is not consistent with the purposes of this Section or would cause undue economic hardship to the property owner." Mrs. Willis stated in order to proceed with removal of this house the applicant requests -9- 08/19/08 this new construction with variances and noted the LDRs are very explicit with respect to removal and this house is consistent with this section and this client can realize reasonable and beneficial use or return on this property. She stated in preservation economic hardship is not the inability of an owner to maximize a property's economic return. Mrs. Willis stated as HPB did, she urges the Commission to find that these variances and waiver and therefore the resulting removal are inconsistent with the LDRs and deny this appeal. Joann Peart, 107 N.W. 9t'' Street, Delrav Beach, stated personally she has always liked Mr. Zengage and loves Mr. Perez-Azua's work in the district. In addition, Mrs. Peart stated she likes the idea that this is transitional and likes the changes they have made. She stated the first time this came to the Historic Preservation Board (HPB) she would have voted "yes" for this but the City had just gone through the new ordinances and the new LDRs, Mr. Gonzalez, and S.E. 7th Avenue wanting out of the district. Mrs. Peart stated every time we let a historic structure out of a district we are lessening the historic stock in that district and everybody has a reason or an excuse and everyone usually sounds good. She asked what is going to happen the next time the house next door says they are the only house on the block and they want off. Mrs. Peart stated because our districts are near downtown and tall buildings she feels this is going to be a domino affect. Mrs. Peart stated she understands that Delray Beach wants to be a "Preservation City" and an All-America City. She stated that St. Louis just won All- America City again after many years and 90% of their downtown is historic preservation. Mrs. Peart expressed concern about what will happen to our historic districts if the City keeps making exceptions. Tom Carney, 1219 Vista Del Mar, Delrav Beach, supports the appeal of HPB's decision and stated he is a member of the Community Redevelopment Agency (CRA) Board and they started looking at this prof ect because of the change in the LDRs several months ago and spent time driving through the neighborhood to see whether it would or would not fit. Mr. Carney stated this has been approved for them to relocate the house to another location. He stated he is a big supporter of historic districts and lives in a 1935 house. At some point, Mr. Carney stated everyone has to understand that we are going to have transitions. He stated they have a nice job in the height, the massing, and considering the square footage the design is remarkably non-imposing. Mr. Carney urged the Commission to support the appeal. There being no one else from the public who wished to address the Commission regarding the appeal, the public hearing was closed. There was no cross-examination from either Mr. Dorling or Mr. Weiner. Mr. Dorling gave the following rebuttal: Mr. Dorling stated with respect to the reference to compatibility to LDR Section 4.51(E)(5), it was noted in the staff report and states that "Pursuant to LDR Section 4.51(E)(5), relocation of historic buildings and structures to other sites shall not take place unless it is shown that their preservation on their existing or original sites is -10- 08/19/08 not consistent with the purposes of this Section or would cause undue economic hardship to the property owner." It is noted that the historic setting has been drastically and irreversibly compromised by recent approvals for the construction of this new four-story parking garage (Block 69 office building and Worthing Place residential project). Mr. Dorling stated under those circumstances, required findings can be made to LDR Section 4.51(E)(5). Secondly, Mr. Dorling stated staff was not privy to the revised elevations that the applicant presented and feels they go a long way in addressing some of those items that were addressed by HPB. Mr. Dorling stated there were previously nine condensing units which were shown on the roof and he would like to ensure that the new design appropriately screens those (Condition #13). Mr. Weiner gave the following rebuttal: Mr. Weiner thanked Mr. Dorling for covering that important point about the condensing units. He stated that in the history of Delray Beach certain historic structures have been lost because they were in locations that were inappropriate and either through neglect, fire, or other kinds of casualties the City could not enjoy those historic structures. Mr. Weiner stated they are doing the opposite and will make sure that the structure is moved to an appropriate location. He stated that is why there is the word "unless" in that particular ordinance requiring that you can move a structure under certain circumstances and preservation is not consistent with the Section on this particular site because it is an inappropriate site as a result of actions taken by the City Commission over a period of years with the other neighboring zoning we had. Mr. Weiner stated as far as the economic hardship is concerned, he stated it is a 700 square foot building and commented that they are not maximizing their building because if they were they would try to at least go to the height that is allowed in the OSSHAD District. Under those conditions, Mr. Weiner stated all of the regulations are met. He pointed out that in the Marina Historic District there are houses as large as 8,100 square feet under air conditioning and stated they only have 4,787 square feet under air conditioning. He stated with respect to variances and waivers the Commission has granted waivers on many occasions on neighboring projects similar to this and the City's parking garage (although it was in CBD not under the restrictive OSSHAD regulations) required a variance in order to be built. Mr. Weiner stated they meet each and every requirement. Mr. Fetzer commented about the 12 Conditions specified by staff and asked if the applicant is in concurrence with these conditions. Mr. Weiner stated they agree with each of the 12 conditions listed in the August 12, 2008 memorandum. Mr. McDuffie stated he believes Condition #13 was added during discussion which is the nine condensing units to be adequately screened. Mr. Eliopoulos suggested that a condition be made for staff to review those elevations and concurred that they do appear to address a lot of things that were in and brought up by HPB. He stated as Mr. Perez-Azua reviewed the elevations during his presentation there might have been another generation of elevations because what staff has is not the previous ones. Mr. Perez-Azua stated there were actually three; the original submittal, the one that went to HPB with modifications as per staff's request so he may -11- 08/19/08 have the original submittal and the next generation which actually eliminates that parapet. Mr. Eliopoulos made reference to Condition #10 which states "That the relocation application contain an application for individual listing even if the new location is within a designated historic district." Mr. Eliopoulos stated for the record that it has to be in a historic district. Mr. Eliopoulos stated he believes that this structure is respectful of the district and is a good transition and feels this site needs to have a great site, great visibility and should not be behind anything else. The City Attorney stated she would like consensus from the Commission on the change in Condition #10. Mayor Ellis stated she can see this structure fitting in appropriately in several areas in our City that it would fit in nicely and add to that particular neighborhood which may not happen to be in a historic district. Mr. McDuffie stated he would not like for this Commission to see this house again and wherever it goes it needs to remain and be saved so that this Commission or another Commission does not have to take a look at demolishing a structure. He stated the house needs to be protected wherever it goes so that this Commission or another Commission does not have to take a look at demolishing the structure or doing something else with it again. Mr. McDuffie asked if Condition #9 covers that. The City Attorney stated Condition #9 basically requires a Certificate of Appropriateness (COA) for relocating the house but it does not necessarily have to be relocated it in the historic district although along with that relocation application needs to be for an individual designation as a historic structure even if it is outside of a historic district. The City Attorney stated if the Commission would like to make sure that it is in a historic district she suggested that Condition #10 be modified to state "the structure shall be appropriately relocated to a historic district and accompanied by an application for individual designation." Mayor Ellis stated the designation is sufficient. Mr. Bernard stated he agrees that it should be relocated to a historic district. Mr. Fetzer stated he concurs with Commissioner McDuffie and Commissioner Bernard and would like to see this as part of Condition #10 as well. It was the consensus of the Commission to modify Condition #10 that the structure be appropriately relocated to a historic district. 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). -12- 08/19/08 At this point, the City Attorney clarified that the City Commission approves the appeal subject to Conditions #1-12 with Condition #10 being modified to state "that the structure shall be appropriately relocated to a historic district and accompanied by an application for individual designation." The City Attorney stated an additional condition (Condition #13) be added to state "that the air conditioning condensers will be screened." Mr. Fetzer moved to adopt the Board Order as presented subject to the conditions, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:16 p.m. the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.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. The caption of Ordinance No. 36-08 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 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 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. -13- 08/19/08 Paul Dorling Director of Planning and Zoning, stated this is a City initiated amendment to the LDRs. The current regulations allow residential and commercial structures that have been destroyed by an Act of God to rebuild in accordance with the use and number of units permitted by their respective Certificate of Occupancy (CO's). This amendment would add the term "square footage" to that list that would be permitted to rebuild to their current levels. Mr. Dorling stated this is being requested to address some concerns that were voiced during the recent adoption during the Lake Ida Neighborhood Design Guidelines and noted it would be Citywide in its application. At its meeting of July 21, 2008, the Planning and Zoning Board considered this and 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, the public hearing was closed. Mr. McDuffie moved to adopt Ordinance No. 36-08 on Second and FINAL Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.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. 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 PRIVATE PROPERTY REQUIRE THE OWNER'S PERMISSION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34-08 is on file in the City Clerk's -14- 08/19/08 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 this is a City- initiated amendment to the LDRs. Temporary non-commercial signs are currently allowed in the public rights-of--way. This proposed ordinance requires that permission from the adjacent private property owner first be obtained. Mr. Dorling stated it also provides clarification that allows temporary non-commercial signs 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 considered this and 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. 34-08, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 34-08 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.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 4.71(p), "Southwest Neighborhood Overlay District," to modify the description and provide for expansion of the Southwest Neighborhood Overlay District. 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 4.71(p), "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" AND ENACTING A NEW SUB SECTION 4.71(p), "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE SOUTHWEST -15- 08/19/08 NEIGHBORHOOD OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE 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 is a City- initiated to both the definition sections and the maps relating to the Southwest Neighborhood Overlay District. This change was implemented as part of Comprehensive Plan Amendment 2007-2 and this is the respective LDR Amendment to be consistent with that. He stated it adds an additional area along 12th Avenue between S.W. 2nd Street and S.W. 3rd Street to the designation of the Southwest Neighborhood Overlay District and the regulations which apply to that. Mr. Dorling stated its part of a larger private sector redevelopment initiative associated with the entire corridor of S.W. 12th Avenue. At its meeting of July 21, 2008, the Planning and Zoning Board considered this item and 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, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 33-08 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 10.D. RESOLUTION NO. 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. The caption of Resolution No. 33-08 is as follows: 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. -16- 08/19/08 office.) (The official copy of Resolution No. 33-08 is on file in the City Clerk's 1. ACCEPTANCE OF AN EASEMENT DEED/AUBURN TRACE LTD: Approve and 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. The City Attorney stated this resolution seeks clear title to a portion of property and conveyed by Quit Claim Deed to Auburn Trace Limited our interest, if any, to track. She stated there is a dedication on the plat to the City of Delray Beach and we are going to substitute an easement for that and this will clear up any title problems they have. The City Attorney stated we still apparently have an easement that we need for the lift station. dais. Mr. Bernard declared a conflict of interest and stepped down from the Mayor Ellis stated if anyone would like to speak for or against the Resolution which pertains to the Quit Claim Deed and the Easement Deed to come forward at this time. Mr. McDuffie stated he wants to make sure that he understands this correctly. The City of Delray Beach is Quit Claiming something to Auburn Trace and they are turning around and dedicating back to us through an easement instead of a dedication on the plat. Mr. McDuffie moved to approve Resolution No. 33-08, 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 approve acceptance of an easement deed granting the City of Delray Beach the right to maintain construction and locate its lift station on Tract "F" of the Auburn Trace Plat, 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. At this point, Commissioner Bernard returned to the dais. At this point, the time being 7:25 p.m. the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. -17- 08/19/08 11.A. City Manager's response to prior public comments and inquiries. In response to concerns expressed by Mr. Chuck Ridley and a resident in the Southwest neighborhood last week expressing concern about some crime problems in the neighborhood, the City Manager stated the Police Department is working very closely with that neighborhood and will continue to do so. 11. From the Public. 11.B.1. Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delrav Beach, regarding Mr. Chuck Ridley's concerns she stated they had the same problem in a great deal of the Southwest area. Miss Zimmerman stated they are proposing a meeting with the Chief of Police because the house across the street from her they took they the entire back end of the house off and went in and destroyed the inside of the house. She urged the City to pay better attention to this problem rather than just talking about it. Secondly, Miss Zimmerman expressed concern about getting rid of animal control in the City. She stated eliminating animal control will not stop owners of pit bulls and noted there are teen gangs that own pit bulls and by not having someone who knows how to handle these dogs will not stop the trouble. Miss Zimmerman asked who will be taking care of the animals without animal control because the Police Department is already overloaded with what they have to do and she feels that the County will not be able to help the City right away. She expressed concern over the rabid animals that could potentially bite someone and what will happen if children get rabies. Miss Zimmerman stated there are now a lot of iguanas and coral snakes and both are illegal to have. She also expressed concern over feral cats. She stated the animal control responds to approximately 130-145 calls per month and picks up dogs and cats that are either sick or dead animals. Miss Zimmerman stated the County will not come to the City of Delray Beach for a sick or dead cat. She stated we cannot just stop taking care of these animals because of the budget and feels there are other things in the budget that could be eliminated. 11.B.2. Joann Peart, 107 N.W. 9t'' Street, Delrav Beach, concurs with comments expressed by Carolyn Zimmerman about the Animal Control Officer. Mrs. Peart stated several years ago there was a problem in her neighborhood with bands of stray dogs killing people's cats. She commented that she had a huge iguana in her yard too. 11.B.3. Rosetta Rolle, 301 N.W. 3rd Avenue, Delrav Beach, asked if there are copies of the budget available to the public. The City Manager stated if Mrs. Rolle would like to come to City Hall staff can provide her a copy of the budget or a copy can be mailed to her. Mrs. Rolle stated if the City does not have animal control we will have an overrun of animals in Delray Beach. Mrs. Rolle stated this has happened before and you -18- 08/19/08 cannot call the police. She stated dogs and cats are especially a danger to older citizens and children and feels this is a health issue because when dogs and cats run loose they poop in public places and on people's lawns. She stated some people work in their yards with their hands and noted you can get ringworm. Mrs. Rolle expressed concern over the health of a community and stated we have to think of the citizens. She urged the Commission that before they do something drastic and take something out of the budget that they create a Task Force made up of individuals from the community to talk it over because that is what the citizens are for. 12. FIRST READINGS: 12.A. NONE. At this point, the time being 7:33 p.m. the Commission moved back to the Regular Agenda. 9.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 & 706 N.E. 6th Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to address the Commission. 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 #2008-142 and #2008-143 into the record. Paul Dorling, Director of Planning and Zoning, stated this 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 installed under awnings associated with a Class I Site Plan Modification for two Maroone Dodge sites. At its meeting of 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 indicating that the owner did not intend to provide lighting under the awnings and would like SPRAB to consider approving the awnings. Mr. Dorling stated the applicant came back before SPRAB on July 23, 2008, and SPRAB recommended approval with a 4 to 0 vote with the condition that the applicant provide lighting and photometric plans for the five awnings that were to be installed on two buildings located on both the east and west sides of N.E. 6th Avenue between N.E. 7th Street and N.E. 8th Street. The applicant has appealed that decision or that condition in that they contend that it is not consistent or compatible with -19- 08/19/08 any LDR that currently exists. Mr. Dorling stated it is noted that in fact the LDR Section 4.6.8 refers to illumination levels and uniformity of lighting throughout outdoor parking areas and commercial sites. In staff's original recommendation of approval, they did not require any condition that lighting be provided as part of that Class I Site Plan Modification nor did the applicant offer that while lighting can be pursuant to LDR Section 4.6.8 (contrary to the applicant's assumptions), it would appear to be excessive in this instance. Staff supports the applicant's appeal of this condition at this time. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the appeal, the public hearing was closed. Mr. Eliopoulos inquired about the four sides of the building. Mr. Dorling clarified that this is five awnings on two buildings and believes it is on three sides. Mr. Eliopoulos stated he is hoping that SPRAB saw more and voted based on something more substantial than what the Commission has before them now. Mr. Dorling stated SPRAB saw a survey and the awnings identified on that survey with respect to the existing buildings from where these awnings would be located on the site. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.C. THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA PER THE APPLICANT'S REQUEST. 9.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. from the dais. Commissioner Eliopoulos declared a conflict of interest and stepped down Brian Shutt, Assistant City Attorney, stated approximately one year ago the City of Delray Beach entered into a Developer's Agreement with the Developer for Cannery Row. Mr. Shutt stated Florida Statutes requires the City on an annual basis to review the Developer's Agreement to make sure that the developer has complied with the terms of the agreement. He stated there were two terms in the agreement that they dedicate the Northeastern parcel to the City for a park which they have done on the plat and that the City of Delray Beach enter into a Purchase and Sale Agreement for a parcel on the Southeastern part of the project. Mr. Shutt stated when the development gets to -20- 08/19/08 that point they will notify the City and then it will come before the Commission to make a decision on whether they would like to purchase the land, the building, or do nothing. Mr. Shutt stated they have complied with those terms and this is now before the City Commission for approval that they comply with the terms of the agreement. Mayor Ellis asked if this is an extension. The City Attorney stated this is not an extension but it requires an annual review of the compliance with the terms. The City Attorney stated originally staff wanted some timelines in the agreement that the City Commission did not support so now it is open ended. Mr. Fetzer moved to approve the Developer's Agreement between the City of Delray Beach and Cannery Row, LLC for compliance with the terms of the Agreement executed May 8, 2007, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.E. PUBLIC COMMENTS/F'Y 2009 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2009 Proposed Budget at this time. None. 9.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). Richard Hasko, Director of Environmental Services, stated staff is recommending award of the second low bidder for the construction of improvements to the Linton Boulevard Bridge Tender House Renovations. Mr. Hasko stated we are getting participation from Palm Beach County on this project not to exceed $100,000.00 as a reimbursable grant. He stated there were three bidders and they came in very close. The apparent low bidder was McCabe Brothers Construction at $197,103.83; West Construction, Inc. was $208,010.00; and the high bidder was $235,010.00. Mr. Hasko stated the reason that staff is recommending to award to the second bidder has to do with some concerns the City has. He stated staff is not suggesting that McCabe Brothers Construction is not qualified. Mr. Hasko stated McCabe has done work in the City before but staff is concerned about performance with regard to starting projects on time. He stated there is some indication that there is some commonality between McCabe and another contractor that the City had working on entirely different type of work in terms of personnel, staff, and officers that we had some issues and challenges on completing. Mr. Hasko stated that together with the fact that we have a very good relationship with West Construction in terms of the project that they have done in the City which is much more -21 - 08/19/08 parallel with this type of work than some of the projects that were submitted or referred to by McCabe in terms of the type of work that this is. Mr. Hasko stated staff feels very confident that West Construction would be able to complete this project in a timely fashion for the budget that we have. Mr. Eliopoulos moved to approve the bid award to West Construction, Inc. (second low bidder) in the amount of $208,010.00 for the Linton Bridge Tender House Renovations, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer -Yes; Mr. McDuffie - Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 9.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. Lula Butler, Director of Community Improvement, stated staff is requesting that the Commission select a first, second and third ranked application as solicited by the City's Neighborhood Services Division for the purchase of the Eagle Nest house located at 46 N.W. 12th Avenue. In 2005, the City entered into a multiparty/interlocal agreement between the City of Delray Beach, the Community Redevelopment Agency (CRA), the Chamber of Commerce, Palm Beach County School Board and the Atlantic High School Career Academy to build this house. Mrs. Butler stated the City donated the lot, the CRA loaned the construction money, the Chamber of Commerce helped solicit volunteer services from different contractors and the School District has allowed their Construction Academy to do this work. She stated they have spent two years building the house and are approximately 90% finished. Mrs. Butler stated what the City agreed to is that we would provide the eligible homebuyer through the City's Renaissance Program; however, the City no longer has the Renaissance Program. Therefore, Mrs. Butler stated her staff solicited an advertisement for eligible buyers and had 15 people who came forward and three of those 15 actually met the qualifications. Staff requests the Commission to rank those three qualifiers. Mayor Ellis asked if the applicants had to prove that they could obtain that mortgage. In response, Mrs. Butler stated the three qualifiers have been pre-qualified. The City Attorney stated the #1 choice is Adams, the #2 choice is Williams, and the #3 choice is McGriff. Mr. Fetzer moved to approve Adams as #1 choice, Williams as #2 choice, and McGriff as #3 choice, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: NIr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes; NIr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. Mayor Ellis stated she remembers the ground breaking ceremony for this project and those students and the contributors to making this happen. She stated it was truly a dream that nobody thought would make it through. Mayor Ellis stated we now -22- 08/19/08 have people that want to move into the home and are truly deserving of it. She stated this program will continue and encouraged everyone to drive by and take a look because it is very nice house. 9.H. OLD SCHOOL SQUARE RETAIL SPACE/L,ETTER OF INTEREST/ARTIST ENRIQUE MARTINEZ CELAYA: 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). The City Attorney stated this is a letter of interest regarding the space from Coastal Commercial Group (Ingrid Kennemer) on behalf of Artist Enrique Martinez Celaya. She stated there are references to Mr. Celaya and his art in the City Commission backup. Mayor Ellis stated Mr. Eliopoulos summed it up at their previous meeting that we have been chasing this market around in a circle and they want to sell this property. She stated the Commission would like this property to be something appropriate for where it is located and they have been talking about awarding the Request for Proposal (RFP) to a broker that would bring us potential clients so that we could accomplish this. Mr. Eliopoulos concurred with comments expressed by Mayor Ellis. Mr. Eliopoulos stated Pineapple Grove is the City's art district and to have someone of Mr. Celaya's fame there is very exciting. Mr. Eliopoulos stated he would like to keep all options open and should we award the RFP let the brokers do it and bring everybody and anybody to the City. The City Attorney stated in the RFP the response the City got was 5% commission and the broker is the sole broker or 6% if it is a shared commission. She stated at the time (because it was over a year ago) that the commission would be paid by the purchaser. Mr. McDuffie stated he is in concert with this and feels we need to move this along. - 23 - 08/19/08 Mr. Eliopoulos moved to approve the contract award to Coastal Commercial Group/Real Estate Brokerage and Marketing Services, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.I. COMMISSION LIAISON ASSIGNMENTS/SEAT #4: Discussion regarding City Commission Seat #4 Liaison Assignments to various Advisory Boards and outside agencies. Mr. Fetzer moved to substitute Commissioner Bernard for former Commissioner Montague's liaison assignments, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.J. SELECTION OF NEW DEPUTY VICE MAYOR: Select a new Deputy Vice Mayor to serve until March 26, 2009. Mr. McDuffie moved to nominate Commissioner Eliopoulos as the new Deputy Vice Mayor to serve until March 26, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.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 July 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. The caption of Resolution No. 35-08 is as follows: 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 -24- 08/19/08 THE FISCAL YEAR 2007/2008; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 35-08 is on file in the City Clerk's office.) The City Manager stated this is an amendment to the Community Development Fund. The major part of it is to add to the budget the Community Redevelopment Agency's (CRA) contribution for rehabilitation of 135 N.W. 5th Avenue. The City Manager stated this is property owned by the CRA; however, the City of Delray Beach will be handling the construction for them. He stated a couple of other minor things are the grant from the Delray Housing Authority and some fourth quarter SHIP revenue. The City Manager stated this does not affect the General fund it only affects the Community Development Fund. Mr. Eliopoulos moved to approve Resolution No. 35-08, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENT TO THE BUDGET TASK FORCE: Appoint one (1) alternate member to the Budget Task Force 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 moved to appoint Mark Denkler as an alternate member to the Budget Task Force 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; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.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 (2) year 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). Mayor Ellis stated she wished to reappoint Mark Gregory as a regular member to the Site Plan Review and Appearance Board 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. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. - 25 - 08/19/08 Mr. Eliopoulos moved to reappoint Shane Ames as a regular member to the Site Plan Review and Appearance Board to serve a two (2) year term ending August 31, 2010. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to appoint James Borsos as a regular member to the Site Plan Review and Appearance 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. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie moved to appoint Chris Stray as a regular member to the Site Plan Review and Appearance Board to serve a two (2) year term ending August 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to appoint Jerome Sanzone as a regular member to the Site Plan Review and Appearance Board to serve a two (2) year term ending August 31, 2010, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.N. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint three (3) regular members and two (2) alternate members to the Board of Adjustment to serve two (2) year 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). Mr. Eliopoulos moved to reappoint Clifton Miller as a regular member to the Board of Adjustment 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; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to reappoint Bernard Federgreen as a regular member to the Board of Adjustment to serve a two (2) year term ending August 31, 2010, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie - Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie stated he would like to defer his appointment to the next Regular Meeting of September 3, 2008. -26- 08/19/08 At this point, the time being 8:14 p.m. the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated the Boynton Beach Police Department was extremely complimentary of Delray's paramedics and the way they handled the shooting that occurred and the care they gave their Police Officer. Secondly, he stated the Florida League of Cities (FLC) conference was good. The City Manager explained he went to one session on "Going Green without Going Broke" and it was very interesting. The City Manager stated the first general session speaker was Jim Lovell talking about the Apollo 13 mission and he drew some analogies between that and the circumstance of what local governments face in Florida. Lastly, the City Manager stated he is looking forward to the Budget Workshop Meeting next week (Tuesday, August 26, 2008). 13.B. City Attorney The City Attorney stated they had a trial that concluded yesterday and there maybe some post hearing motions. She stated the City was found liable 10 percent and the other parties 90 percent and this is the result of the Hoeffertt v. the City of Delray Beach case. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer thanked the City Manager for his memorandum regarding the economic impact of the tennis tournaments and stated he would like the opportunity at one of the budget workshops to talk about this a little bit more because there is good information in the memorandum that needs to be reviewed. Secondly, Mr. Fetzer stated there were several people that have talked about animal control and doing away with the Animal Control Officer in the budget. He stated at the last Workshop Meeting he asked for some more information regarding this and the impact assessment of what we are really trying to do. Mr. Fetzer stated another issue that was discussed at the Workshop Meeting was the figures that were given regarding the amount of water that is treated but not being billed. Mr. Fetzer asked if this is being worked on to analyze what is causing that or if those numbers were accurate. The City Manager stated the numbers themselves are accurate. The City Manager stated he does not expect that we will have a final answer to that within the next month or so but staff is aggressively working on it. -27- 08/19/08 13.C.2. Mr. Eliopoulos Mr. Eliopoulos commented about the chart that was emailed to the City Commission showing how the water is getting pumped. He stated he too would like to see how this problem works out. Secondly, Mr. Eliopoulos stated at Miller Park at the south end of the parking before you enter the large parking lot there used to be a stop sign there. He stated from what he can tell the sign disappeared probably during the storm. Mr. Eliopoulos stated when the cars are coming up that way and there are also cars coming out of the parking lot no one is stopping (north of Dotterel Road) and there is potential for an accident. 13.C.3. Mr. McDuffie Mr. McDuffie commented about a meeting he had with the agent for one of the bidders on the beach concession. He stated he met with the attorneys for one of the bidders along with the bidder himself. Mr. McDuffie stated he would like to discuss some of their concerns with the City Manager and is pretty certain this can be resolved. Secondly, Mr. McDuffie commented about the animal control situation and asked if the City feels the County can actually pick up the slack. The City Manager stated the County will not provide the quality of service that the City of Delray Beach has been providing. Mr. McDuffie stated he had a wonderful extended weekend in St. Augustine a short time ago and feels it is the greatest example of historic preservation in the State of Florida. He stated he stayed in a Bed and Breakfast and saw beautiful homes that were restored impeccably. However, Mr. McDuffie stated he walked around and got into some areas that were not in the area that catered to tourists and found some old structures have become so blighted that it is unbelievable. He stated some of these structures had sheets of plywood nailed on them, roughly painted over, screens knocked out, and doors missing. Mr. McDuffie stated it was such a contrast from just a few blocks away. He stated the Commission made a decision this evening to save a gorgeous contributing historical structure by actions they took tonight which was "out-of--the-box" thinking but feels that is what it takes to look at how we can save all these structures. Mr. McDuffie stated the City needs to look at some other ways that we can do some other things for some of the other structures that are out there so that we do not turn around in a couple of years and find ourselves in the position that St. Augustine has found themselves in where they have some structures that are crumbling just outside the tourist attraction area of their city. Mr. McDuffie stated he feels the Commission did a good thing tonight and feels we need to think about things like that and look at our alternatives in saving these historic structures. Lastly, Mr. McDuffie thanked the Forgotten Soldiers and everyone for recognizing his son tonight. - 28 - 08/19/08 13.C.4. Mr. Bernard Mr. Bernard stated he received numerous telephone calls regarding the animal control especially from the Southwest area. He stated he had a meeting with Mr. Chuck Ridley and the homeowners association and it appears that the residents had a lot of problems in regards to loose dogs in the neighborhood. Mr. Bernard stated he would like to see if the City can take care of the dog issues that are going on in the Southwest area. He stated Community Patrol, the Police Captain and the Chief of Police were there and he believes they are working to try and make that neighborhood a little better. Secondly, Mr. Bernard stated his wife is having contractions and he will be at the hospital for the next couple of days. 13.C.5. Mayor Ellis Mayor Ellis stated with regard to comments expressed by the public regarding animal control, she stated although everyone said to keep the Animal Control Officer not one person had a solution as to where this money could come from. She stated the Commission has struggled with what is going to be cut and what is going to make it. Mayor Ellis stated we should encourage these people who have these personal issues to think of a solution that would help the Commission in order for them to get what they want. Secondly, she stated she enjoyed the FLC conference in Tampa this weekend and she particularly liked the Mayors' Conference that they had one day. Mayor Ellis stated we all have the same problems but feels that when you begin to talk about them you begin to see how just tweaking things a little bit will give you some different ideas. Lastly, Mayor Ellis commented on the Municipal Solutions Report the Commission received at the Workshop Meeting last week. She stated although there are some issues that need to be addressed the consultant was very flattering of our financial savvy and not that it has just happened in a year but that it has happened over the last 20 years. Mayor Ellis stated the report also mentioned that the departments have a spirit of providing excellent service and it spreads from the department heads down to the departments and it was very evident to them. Mayor Ellis stated she is very proud of that and feels the City Manager deserves a lot of the credit for this. There being no further business, Mayor Ellis declared the meeting adjourned at 8:34 p.m. -29- 08/19/08 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on August 19, 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. -30- 08/19/08 WORKSHOP MEETING August 26, 2008 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the First Floor Conference Room at CitS~ Hall at 6:00 p.m., on Tuesday, August 26, 2008. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Mackenson Bernard Mayor Rita Ellis Also present were - David T. Harden, City Manager Susan Ruby, City Attorney Chevelle D. Nubin, CitS~ Clerk Mayor Ellis called the meeting to order and announced that it had been called for the purpose of considering the following items: WORKSHOP AGENDA 1. Delray Beach Public Library Board FY 2008-2009 Budget Reduest Alan Kornblau, Library Director, presented this item. He introduced Library Board Members Daniel Murtaugh, Brian Cheslack, Robert Currie and Sandy Simon. Karen Evanson, Assistant Library Director, was also present. Mr. Kornblau did a PowerPoint presentation outlining the FY 2008-2009 Budget request. He discussed the mission statement, vision and goals of the Public Library. Mr. Kornblau advised that overall the budget had a 3.91% increase in expenditures which is basically personnel because of extended evening hours and increased healthcare insurance costs. He stated the Public Library has proposed to have a hot spot with Wi-Fi access to Delray Beach free of charge. The free service would be located at N.W. 1~t Avenue and Atlantic Avenue which is on the Tennis Center property. Mr. Kornblau discussed funding from the CitS~ and Community Redevelopment Agency (CRA), expenditures and where costs could be cut. He discussed some of the services the Public library provides to its patrons. Mayor Ellis thanked Mr. Kornblau for his presentation and affirmed it is an excellent library. Mr. Fetzer commented that in April 2008, he was appointed as liaison to the Public Library. He stated that the Board at the Public Library is very dedicated but they are faced with budget and revenue cutback challenges. Mr. Eliopoulos questioned if the fundraising activity is consistent across the board. He also discussed the attendance at the library and asked if Sunday is a slow day. Mr. Kornblau discussed some of the fundraising activities. He advised that Sunday is a very busy day at the library but personnel would have to be paid overtime to cover it. Mr. Bernard asked if the Delray Library requested a higher amount from the CRA for FY 2008- 2009. He questioned if there is a cost for Wi-Fi to the library. He discussed the new organization that Old School Square is starting for young professionals. Mr. Bernard questioned why the library's hours are increasing an additional three (3) hours on Thursday. Mr. Kornblau advised that a request for more funds was made to the CRA in July. He also advised there is no cost because the Wi-Fi system is independent. He discussed the new organization that Old School Square is starting Young Professionals of Delray (YPOD). Mr. Kornblau explained the current Library hours and stated that the Board requested extended hours during the week. Mayor Ellis asked how many adult computers the Library have. Mr. Kornblau advised there are forty (40) adult computers and seven (7) computers for children, which they are looking to expand. Mr. Fetzer asked if there is anything from the CRA indicating their proposed funding. David T Harden, City Manager, responded no. The Commission thanked the Delray Beach Public Library for its presentation. 2. Proposed Severance Package David T. Harden, City Manager, presented this item. He stated two things would be addressed; incentives for early retirement and lay-offs. He stated he surveyed local governments on their severance packages and recommended the following: one week's pay for each year of completed service with a minimum of four (4) weeks and a maximum of twelve (12); he also suggested vacation time will be paid in full and accrued sick leave will be paid in accordance with City policy for employees who resign with notice or retire after twenty (20) years or more service, whichever is appropriate. Medical insurance would also be continued for the length of time for which severance is paid. He stated employees that are in the Deferred Retirement Option Plan (DROP) would be eligible for the severance package especially positions which could be left vacant for the coming year. Bruce Koeser, Director of Human Resources, discussed the severance packages of other local governments. Mayor Ellis asked how many people would be interested in the early retirement incentive. Mr. Harden stated approximately half a dozen would be interested. 2 Aub st 26, 2008 Mr. Eliopoulos questioned when the incentive would go into effect. He also asked if Mr. Harden would check to see what the savings were last year. Mr. Harden advised this would be in effect as of September 30, 2008. He distributed a handout to Commission which detailed the annual savings last year of X342,000.00. Mr. Eliopoulos stated that he does not have a problem with the proposed package. Mr. Harden advised if the idea is acceptable he would bring this back as a Consent Item on the September 3, 2008 Regular Agenda. Mr. Fetzer advised he would like to see the focus on positions that will be left vacant next year. Mr. Bernard asked if there were incentives last year. Mr. Harden advised there was an early retirement incentive but not severance packages because there were no lay-offs. Mr. Fetzer stated he would like the same format showing the savings next year. It was the Consensus of the Commission to add this to the September 3, 2008 Agenda. 3. Discussion regarding the Animal Control Function David T. Harden, City Manager, presented this item. Lula Butler, Director of Community Improvement and Al Berg, Assistant Director of Community Improvement were also present for questions. Mr. Harden gave a synopsis of the animal control functions for the City and County. Mr. Harden also discussed his concerns with using the County. Mr. Bernard asked if the other months were consistent with the two months shown. Mrs. Butler advised that the other months are consistent. Mr. Eliopoulos stated he was surprised by the activity. Mayor Ellis discussed the days and times of operation. She asked if there are forty-seven (47) dogs to be impounded but only twenty (20) are sent to County, what happens to the other twenty-seven (27). Mrs. Butler advised that the owner normally picks them up. Mr. Fetzer asked the cost to provide this service. Mr. Harden stated the cost is X98,000.00-X100,000.00 with 1 1/a employees. Mr. Bernard asked what liability the City would have in shifting the burden to the County. 3 Aub st 26, 2008 Susan Rube, City Attorne~~, explained the City had two (2) big lawsuits recentl~~ but no big issues otherwise. Mr. Harden stated that the CitS~ has sovereign immunity. Mr. Harden stated he is optimistic that the City will have more funds to work with if the CRA approves funds for the City in the amount of X500,000.00, which would present a m~~riad of options for the Commission. Mr. Fetzer advised that the CitS~ will have to face reductions as time continues. Animal control is an important and unique function of the CitS~. He would prefer not seeing a cutback in animal control until all avenues have been exhausted. Mr. Fetzer would like to find other wa~~s to make reductions. Mr. Eliopoulos concurs with Mr. Fetzer. He stated he supported keeping animal control since it is the responsibility of the City to make sure its residents are safe. Ma~~or Ellis asked if the CRA approves the X500,000.00 could the City use the funds to reduce the millage rate or keep animal control and school crossing guards. Mr. McDuffie talked about the safety of the citizens. He advised that he supported keeping the children safe when the~~ cross the streets from school. He also admitted that he did not know the volume of things that Animal Control does. Mayor Ellis advised that the City had amid-year budget resolution. She advised that the City is not getting the projected revenue numbers which resulted in more cuts in the budget mid-~~ear. Mr. Harden discussed the drop in gas taxes that resulted in a drop in revenue. Mr. McDuffie stated that property tax is half of the City's revenue; the remainder is generated in utilities, permits and gas taxes. Ma~~or Ellis suggested using X150,000.00 to reduce the millage and X150,000.00 to be placed into reserves. Mr. Eliopoulos discussed construction bringing in more mone~~. Mr. McDuffie advised that he did not have a problem with the funds going towards reducing the millage rate since the reserves are adequate. Mr. Bernard asked if we received the X500,000.00 would the Commission be in consensus to keep animal control. Ma~~or Ellis stated that she supported keeping Animal Control but she would also like to work on reducing the millage rate. Mr. Harden advised that a budget resolution would be put together with the discussed parameters and it would be put on the September 3, 2008 Agenda under Public Hearings. 4 Aub st 26, 2008 It was the Consensus of the Commission to keep Animal Control and reduce the millage. 4. Water and Sewer Budget for FY 2009 David T. Harden, City Manager, introduced this item. Mr. Harden distributed a handout on the impact of the water/sewer increases on a water bill. He suggested that sewer rates be increased by 15% and water rates be increased by 5%. He discussed the City of West Palm Beach's water system and rates. Mr. Fetzer advised that he supported not subsidizing CitS~ sewer costs with City water rates. Richard Hasko, Director of Environmental Services, discussed capacity regulations and operations. Mr. McDuffie advised that the City spends a lot of money on appearances i.e. maintenance of medians, etc. not drinking or flushing water. He complimented Mr. Hasko on doing a great job. Mr. McDuffie expressed his support of the plan and was pleased with how the money was spent. He also advised that water and sewer are big areas of public safety. Mr. Bernard advised that he is concerned with the future and if this would mean that another 15% increase will be sought next year. Mr. Harden stated that the consultant's report advised that a 15% increase will not be necessary next year. Mr. Eliopoulos asked if the water loss that Municipal Solutions reported in their findings had been narrowed down. Mr. Hasko recommended doing an audit on the billing system and production program in- house. It was the Consensus of the Commission to go with staffs recommendations to increase sewer rates by 15% and water rates by 5%. 5. Other FY 2009 Budget Issues David T. Harden, City Manager, presented this item. Mr. Harden stated that staff is working on the Municipal Solutions Report and Budget Task Force recommendations. He gave an overview of some items that are currently being worked on. Mr. Harden then distributed a handout on Red Light Cameras. Mr. McDuffie asked for the cost of the Red Light Cameras per intersection. Mr. Harden stated he will provide the Commission with information on the Budget Task Force recommendations. Mayor Ellis adjourned the Workshop Meeting at 7:44 p.m. 5 Aub st 26, 2008 CitS~ Clerk ATTEST: MAYOR The undersigned is the CitS~ Clerk of the CitS~ of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the CitS~ Commission held on Tuesday, August 26, 2008 which Minutes were formally approved and adopted by the CitS~ Commission on September 3, 2008. 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 CitS~ 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 Aub st 26, 2008 WIC RE AS, the winter season of 2008-2009 will mark the 75~h Anniversary of Hand's Office Supply of Delray Beach; and WIC RE AS, the City of Delray Beach commends Hand's Office Supply, the oldest retail establishment in Delray Beach, for its outstanding and personable manner, while rendering goods and services to Delray Beach's citizens; and WIC RE AS, Hand's Office Supply has recognized needs and provided service to the community over the past seventy-five years in business. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim September 16, 2008 as HAND S OFFICE SUPPLY 75th ANNIVERSARY in the City of Delray Beach and urge all citizens of Delray Beach to officially recognize the spirit of community action displayed by Hand's Office Supply, for the past seventy-five years. IN WITNESS WHEREOF, I hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this 16~h day of September 2008. RITA ELLIS WHEREAS, the Spady Cultural Heritage Museum is a vital source of information for people wanting to know more about the community's early African-American history and culture; and WHEREAS, Expanding & Preserving Our Cultural Heritage, Inc, EPOCH, has been operating the Spady Cultural Heritage Museum since its doors opened in 2001 to ensure the contributions and traditions of early American-American settlers in Palm Beach County were not forgotten; and WHEREAS More than 1,000 community members came together at last year's Spady Living Heritage Day festival for demonstrations of techniques and skills from days gone by; and WHEREAS, this year's Spady Living Heritage Day Festival, on Sept. 6 from 10 a.m. to 10 p.m. will be bigger than last year and will include demonstrations of shining shoes, making grass brooms and lye soap, and cooking fried bread and cracklin' and will feature storytellers and many exhibitors; and WHEREAS, the Spady Living Heritage Day Festival is an event that highlights and honors the cultural diversity of Palm Beach County and enhances the reputation of Delray Beach as one of South Florida's best places to live NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim September 6, 2008 as "SPADY LIVING HERITAGE DAY" and call upon all citizens to join in recognizing and commending the Spady Cultural Heritage Museum for its outstanding achievements in preserving the heritage and traditions of the Palm Beach County's African-American community and to support the Spady Living Heritage Day Festival. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 3rd day of September 2008. RITA ELLIS MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: August 26, 2008 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 REQUEST FOR SIDEWALK DEFERRAL/1140 BAUHINIA ROAD ITEM BEFORE COMMISSION Request for sidewalk deferral along Bauhinia Road and Seagate Drive for the property located at 1140 Bauhinia Road. BACKGROUND 1140 Bauhinia Road is a single family residence located at the northwest corner of Bauhinia Road and Seagate Drive. There are currently no plans to install sidewalks along Bauhinia Road or Seagate Drive. RECOMMENDATION Staff recommends approval. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 20a N.W. lst Avenue Delray Beach, Florida 33144 AGREElVIE1VT F®R SIDEWALK I1~PR®VE~IENTS THIS AGREEMENT entered into this day of 200_, between -the City of Delray Beach (hereinafter the City} and ~~ ~~~.r~,,~ ~~~.?:•1 {lt.ereinafter the Owners), f'nr the purpose of waiving ~?. ~ Seac~~,$c ~~V~ the requirement of the installation of a sidewalk along _ _ _.. _ ,~~~/~~;,'~;~ ~„~ until such tune as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3{C} requires the installation of a ~~ ~ ~e~~ ~~;v~ sidewalk, within the ~t't~~,'(-~ ~~ right-n -way immediately abutting the subject n property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners lave requested a waiver from the requirement of the installation. of a sidewalk pursuant to Land Development Regulation Section G.1.3{D){1}(b}; and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement far the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. S.•lEng.4dnzinlSiclewalkL3efeYralslsidev~~allcdeferrala~nal.doc WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, far the property located at: ~~f I. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the ~~'~~ ~~ ~~ ~ ~~ ~~ ~ ~ right-af--way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Patin Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200_. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form. and sufficiency: City Attorney S.' IEngArLm.in~ISictewalk Deferralrlsidewc~Ck deferraC ugmt.doc 2 4 WITNESSES: ~-° ~~ `~ { . ~~ ~~~a;~~~ ~~ ~~ (Please type or print namoj (Please type or print Wane e) STATE QF L. c~ ~ e ~r"~' } COITNTY OF ~=;~ 1..,~~ 1 ~° ~''e{~ f 1 OWNER; Y~ 1 f'~~ . ~ BEFORE ME personally appeared `~...-~ ~~rf'~` ~.-^,~~~; ~` wh [isj are] ors all known to me or [has] [have] produced and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official coal this ~-~,, day of ~.F~,~ ~ ~ ~'~ x_24 ~`° ~• ~ ~a My commission expires: ~~ ~ (si n~ afore) r -~ ;;€~ ' `~;~~~ ~~" ~ ~ Notary Public ~®sert~~~aY 9S,w~~~~~ ~' qv '~s~ ed°~ ~1 Trop f~aFhs ^ lr~Rarsn~, irrr. } agt~sidewalk defenaL agreement /{gg ~~ [[±± a~ ~y® ~~ S: ~,EngAdmir¢lSidevvadk. Deferradrlsidewadk deferred ugmt.doc 3 L L ~~ L~ r-~ c~ 3 to =a a° ~= M r' r° Arno °~~ oLL . ~ a. •~^ i M~ W r r C~ U (~ N m (~ L 0 0 N 07 N MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: August 28, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 RESOLUTION N0.36-08/ABANDONMENT OF WATER EASEMENT/UNITED STOR-ALL CENTER (F/K/A DELRAY BEACH EXTRA CLOSETI ITEM BEFORE COMMISSION The request involves abandoning a 12' water easement near the southern border of the Delray Extra Closet property to allow construction of two one-story self-storage buildings over the easement area. The water easement was dedicated to the City of Delray Beach in November of 1986 by an Easement Deed recorded in Official Records Book (O.R.B.) 5212, Pages 1004 and 1005. BACKGROUND The abandonment request was submitted by Storage Partners of Delray, LLC the developer and owner of the property. The development proposal is to abandon this water easement thereby cleaning up the site to allow construction of two additional 1-story self-storage buildings over the easement area along with associated parking and landscaping. On March 22, 2006, the Site Plan Review and Appearance Board granted a Class IV site plan approval for the additional self-storage buildings on site subject to the relocation of the existing water main and subsequent abandonment of the easement. The water main has been relocated and the abandonment is now before the City Commission. REVIEW BY OTHERS Pursuant to LDR Section 2.4.6 (N) (5) the following finding must be made prior to the City Commission granting an abandonment: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. The abandonment will not result in the detriment of services because a replacement easement for the water line which services the buildings has been recorded. Therefore, the City's Environmental Services Department has no objection to the abandonment. Since the easement was dedicated exclusively to the City of Delray Beach as a water easement, other utilities would not have an interest in this request and therefore are not required to comment. RECOMMENDATION By motion, approve Resolution No. 36-08 to abandon a 12' wide water easement dedicated to the City via a deed as recorded in Official Records Book 5212, Pages 1004 - 1005 of the Public Records of Palm Beach County, Florida, located within the Delray Extra Closet property (14216 Military Trail); and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(N)(5), Abandonment of Public Easements, of the Land Development Regulations. Attachments: . Location Map • Survey of Abandonment Area . Abandonment Resolution #36-08 RESOLUTION NO. 36-OS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED EAST OF MILITARY TRAIL, APPROXIMIATELY 2,750 FEET NORTH OF WEST ATLANTIC AVENUE WITHIN THE DELRAY EXTRA CLOSET PROPERTY AT 14216 MILITARY TRAIL 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 deed as recorded in the public records of Palm Beach County, Official Records Book 5212, Pages 1004 - 1005, located at 14216 Military Trail 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 fox the provision of utility services to adjacent .properties ox the general area, that its interest in the described property is no longer needed fox the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described in 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 anal interest it holds to the following real property, more particularly described as follows: SEE EXHIBIT "A" RESOLUTION #36-08 PASSED AND ADOPTED in regular session on this the _ day of, 2008. ATTEST: City Clerk MAYOR RESOI,U`I'ION #3b-08 45.00 ` MILITARY TRAIL (SR 809 0 z O d C Z Z ~ ~ -A ~~~ ~ ~ ~~ ~ C y ~ 1 -p ~ 0 p) ~ - .U7~~ ~~~ ~ O ~ N~~ ~1 y d O ~i ~~~ n~o ~ ~ b n~~ ~~ r~ ~~ 45. QO' I 1 I I Z ~~ Cb ~~ O f~ f f I I I T 0 ABBREVIA TIDNS.• ORB = OFF1ClAL RECORDS BOOK ~ SEC =.SECTION TWP = roWN.sH~P O RGE =RANGE ~ 0 25 50 100 ( IN FEET ) I INCH = 50 FEET NOTES.• 1. REPRODUCTIONS 0` THIS S/GETCH ARE NOT YALID L&~ESS SEALED WITH AN E]I~OS~D ,SL67YEYORS SEAL. 2 BEARINGS ~'DWiV HEREON ARE ASSL6LIED AND RELATI[~E TO A SEARING OF' NORTH 99°4826" EAST ALONG THE 5DUTH LI71E OF THE S I/2 OF ThE NW !/4 f~ NW I/4 O< 5EC 13, TWP 46 5, RGE 42 E. 3. TF~ °LAAD DESCRIPTION" HEREON IS A REPRODUCTION Or T1~ DESCRIPTION RECORDED IN OFFICIAL RECORDS t?OOK 5212 AT PAGE JOD4 OF TF~' PI~LlC RECORDS OF PALM BEACH COL9NTY. FLORIDA A/~ WA5 NOT PREPARED BY ThE SLR2/EYOR. oESCR~Pr~ON: ^Q N O ~- I~ Lr~~ L~_.-. _..-J NDO°ll `34 "W 40.00' THE FOLLOWING DESCR18E5 THE CENTERLINE OF A TWEL t~E FOOT WATER MA1N EASEMENT BEING TOTALLY CLRNTAI~D WITHIN TI:E FOLLOWING DESQ7ISED PROPERTY.• Tl~ SOUTH 220 FEET Of` T1~ WE5T 990 FEET ~ TI:E SOUTH HALF (S !/21 Or 77iE NORTHWEST QUARTER (NW 1/4l OF TIC NORTHWEST QUARTER (NW I/4J OF SECTION !3. TON/NSHIP 46 SOUTh; RANGE 42 EAST. PALM BEACH COL4VTY. FLORIDA Ah~ SAID CENTERLIAE" IS MORE PARTlCL~ARLY DESCRIBED AS FOLLOWS.• COMMENCING AT TYE SOUTHWEST COR/1ER OF THE A80[~E DES'C741BED PROPERTY, SAID POINT 8ElNG T!$" APPROXIMATE EAST RIl~7-IT-OF-WAY LIVE OF MILITARY TRAIL f.~ 8091. THENCE NORTHERLY ALONG ThE WEST LINE OF SAID PROPERTY. A DISTANCE L~ 45.00 FEET ro T>~ POINT OF BEGINNING• Tf~NCE EASTERLY ALONG A LIME PARALLEL WITH A1V~1 45 FEET NORTF~RLY OF Tl~ SOUTH LINE OF' SAID PROPERTY N 89° 48' 26" E, A DISTANCE ~ 978.00 FFET,• THENCE NORTHERLY AT RIGHT ANGLES, N OD° I/' 34" t4! A DISTANCE OF 40.00 FEFT,• T7~MCE WESTERLY AT RlG~IT ANGLES. 5 89° 4B' 26" W. A DISTANCE OF 20.00 FEET TO Tl~ E1l~J OF" THIS EA.52MENT DESf.WIPTIO'N. C~'RTIFIC,4 TE_• I~E'REBY CERTIFY THAT THE ATTAG-IEO SKETCH OF DESCRIPTION OF 7F~ I;EREON DESG4/BED PROPERTY IS TRUE AND CORRECT TO TIdE BEST OF MY KNOWLEDGE AA~7 BELIEF AS SL97l~EYEl1 1JMJER MY DIRECTION ON JCANE 281h, 2006. I F!A'7ThER CERTIFY THAT THIS 51CETLiY OF DESCRIPTION h~ETS THE M1N1ML9N TECHNICAL STAIIDAROS SET FORTH 1N CHAPTER fi1Gl7-fi ADOPTETJ BY THE FLORIDA BOARD OF SL~I~EYORS AA~7 MAFS°ERS. f7.94SUANT TO FLORIDA STA TUTES 472. D27. ,-^,, CAULFIELD 8~ WHEELER, INC. ~ ~ CIVIL ENGINEERING -LAND PLANNING ;, LANDSCAPE ARCHITI=CTURI~ -SURVEYING ~~~ 7301A W. PALMETTO PARK ROAD -SUITE IOOA `' ~_ BOLA BATON, FLORIDA 33433 PHONE (561)-392-1991 /FAX (561)-750-i452 SKETCH OF DESCRIP T/ON 12 ~ WA TER LINE EASEMENT ABANDONMENT DAVID P. LINDLEY REGISTERED LAID SURVEYOR ISO. 5005 STATE OF FLORIDA L.B. 3591 DATE DRAWN BY !/31/2007 APZ F.B./ PG. N/A SCALE I"=50' JOB N0. 4924 GRAPHIC SCALE wA rxrnrs MOTOR LINES PUBLIC SELF SrORAGE VALERO TrRE KINGDOM CONKLIN DRIVE N. LA SEDONA CIR. ~ rr S I E R R A ~ w. N. W. N. W. 3Rb ST. DELRAY FXTRA CLOSET STORAGE VATFREASEMENTABANDONMENTAREA LAKE 6R. PAST H~G+~pp1"~ OFFICE r~ F- BOYS ~ FARMERS ~ MARKET ~I7AIN5 Fp~ AY Q p~ pY ~ sNOPP~s Q ~ AC OF 2 O DELRAY rRArLS END PLAZA 2 ~ x. F. C. CANAL L-33 ~ (I'J OFFICE DEPOT a Q a w J i,i a 3RD CT. a x N.W. 3RD ST. I z N.W. 2ND ST. ~ ROSEAlRE BRADY BLVD. RErREA r n Q a ~ BARRETT ST. 0 0 v ~ FRANCES DR. ~, ? w W ~ ~ _ J o a ELLWOOD DR. I I FRANWOOD DR. CANAL L-33 IV ~ THE DELRAY EXTRA CLOSET CITY OF DEFRAY BEACH, FL 12' WATER EASEMENT ABANDONMENT AREA PLANNING & ZONING DEPARTMENT DlG1TkL B~kSE ,NAP SYS7~A.! -- MAP REF: LMQ73 ~r 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 22, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 CONTRACT CLOSEOUT (C.O. N0.2/FINAL)/WEST CONSTRUCTION, INC./SW 2ND AVE STREETSCAPE/INFRASTRUCTURE IMPROVEMENTS PROTECT 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 ($1,870.24) and final payment amount of $32,078.68 to West Construction, Inc. for the completion of the S.W. 2nd Avenue Streetscape/Infrastructure Improvements Project #2004- 005. BACKGROUND The project scope consisted of the construction of paving, drainage, decorative street lights, brick paver sidewalks, landscaping, and irrigation. The project was completed in conjunction with Palm Beach County's recently completed parking garage project and South County Courthouse expansion project. The majority of this project was funded by the Community Redevelopment Agency (CRA). 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 #651279 to funding accounts 334-3162-541-65.87 (General Construction Fund/Capital Outlay/SW 2nd Ave.-SW 1st St. to W. Atlantic Ave.) and 448- 5461-538-65.87 (Storm Water Utility Fund/Other Improvements/SW 2nd Ave.-SW 1st St. to W. Atlantic Ave.). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of (-$1,870.24) and final payment amount of $32,078.68 to West Construction, Inc. for the completion of the S.W. 2nd Avenue Streetscape/Infrastructure Improvements Project. CITY ®F DELRAY 13EAC1~I CHANGE ®RDER T® ®RIGINAL CONTRACT CHANGE NO. 21Final (Contract Closeout) PROJECT N0. 2fl04-005 DATE: PROJECT TITLE: S.W. 2"d Avenue Streetscape Project 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 'I'HE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS, JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THIS CHANGE ORDER -0.69% TOTAL. PER CENT INCREASE TO DATE -1-6,00 $267,454.11 $ I7.943.38 $285,397.49 ($1,870.241 $283,527.25 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cast of the original work contracted for under benefit of competitive bidding. West Construction, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: DEPARTMENT Environmental Seavices DELRAY BEACH, FLORIDA by its City Commission RECOMMENB: APPROVED: City Attorney FUNDING By: Mayor ATTEST: By: City clerk S:1$ngAdminlProjects~00412004.OD~101'f'IC[AL1C0 2 Final West GC 09D30&.dnc CERTIFIED BY SCIIEI)ULE "An TO CHANGE ®RDLR NO.2 ~ FINAL (C®N'I'dZACT CL®sEOiT'[') wsT coNSTZ~ucTION, INC. S.W. 2NI3 AVENUE STREETSCAPE/INFRASTRUCTURE IMI'I7OV.EMENTS PIN 2flfl4-005 CHANGE ORDrwR NQ. 7 Minor redesign, addltianai curbing, and the removal and reinstallation of sidewalk pavers to a new elevation and contour to CONTRACT Tp DATE ACTtJA L QTY. EJNtT PRICE EXTENDED TOTAL PRICE i $12,000.00 $ 12,000.00 1 $B,580.pfl $ $,580.00 i $2,9'€5.94 $ 2,995.90 0 $650.Ox $ - 1 $14.04 $ 90.00 1 $1,300.Ox $ 1,300,40 1 $3,250.00 $ 3,250.00 220 $30.12 $ 6,626.40 200 $90.36 $ 18,072.Oa 310 $'€7.56 $ 5,443.60 320 $6.16 $ 1,971.20 140 $22.75 $ 2,275.00 1 $13,25840 $ 13,258.00 1 $12,597.00 $ 12,597.00 7p $28.40 $ 1,988.Oa 352 $2$.40 $ 9,996,8a 550 $2.28 $ 1,254.00 1 $2,815.Sa $ 2,815.64 1 $2,446.60 $ 2,445.60 1 $1,950.00 $ 1,954.00 14 $317.20 $ 4,440.$0 76 $4.55 $ ~~~~~ 345.84 93 $29.25 $ 2,720.25 208 55.24 $ 1,481.&0 6216 $441 $ 2,548.56 2a $98.2$ $ 1,965.60 0 $209.30 $ - 90 $33.80 $ 3,042.00 37 $39.00 $ 1,443.Ox 14 $33.$4 $ 473.20 0 $17p,30 S - 25 $1.56 $ 39.00 130 $1.04 $ 135.20 270 $0.78 $ 21x.60 1040 $0,52 $ 54x,80 80 $15.86 $ 951.60 50 $18.20 $ 91x.tl0 7 $7,255.4$ $ 50,7$8,36 7 $877.50 $ 6,142.50 1700 $25.91 $ 44,047.x0 1 $9,007.70 $ 9,047.70 1 $1,naa.xa $ 1,xa4.ao i $1a,94a.o4 $ ix,ax4.ao 0 $5,000.04 $ 1 515,000.00 $ 15,0x0.90 $265,583.87 $17,943.38 i $17,943.3$ $17,943.38 $x.00 GRAND TOTAL INCLUDING CHANGE ORDER No. ~ $285.397.49 $283 527.25 ($1,87m.24) Page i of 2 TOTAL ORIGINAL CONTRACT AWARD $2b7,454.19 ($'!,874.24} SCHEDIULE "An TO CHANGI; ORDER N0.21 RINAL (CONTRAC'6" CLOSEOi7T) ~fi'EST CONSTRUC'T`ION, INC. S.W. 2ND AVENUE STREETSCAFE/TN~'RAS"I'RIUCTC7RE IVIT'ROVEMENTS F/N 20©4-OOS Original Gontract Award $267,454.11 Previausiy Approved Changes $17,943.38 Total AwardlApproved to Date $285,397.49 Final Contract to Date $283,527.25 CHANGE ®F'~DER N®. 21 FINAl. $ 1,870.24 Page 2 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Assitant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: August 25, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 FINAL SUBDIVISION PLAT/PARADISE BANK ITEM BEFORE COMMISSION Commission approval of the Paradise Bank -Delray Beach plat located on the northeast corner of North Federal Highway and South Lake Avenue. This property is a re-plat of Lot 36, 37, a portion of Lot 38 and a portion of a vacated alley, Block D, La-Hacienda as recorded in Plat Book 15, Page 6 (P.R.P.B.Co.), situate in Section 9, Township 46 South, Range 43 East, The City of Delray Beach, Palm Beach County, Florida. BACKGROUND This plat was processed as a minor subdivision; therefore, it is forwarded directly to City Commission for final action. No other Board review or action was required. A reduced copy of the proposed plat is attached. RECOMMENDATION Staff recommends approval. w~_ oB e a .~.3~ pp ~5~, <p~ ~ 4~ ~ ~~~x ~ ~~3yyyy~ Inivy WL 3'N~~ 2 ~ ~'n ~~ ~6 i ~1W76~ ~ ~~~~ Inury io/4K 'N 88 nee {tl5~Q3 Y? E~ ~~~ ¢ry <50~ >Q~k2`R~ ~ ~6 ~~<y ~~~u S 't 6 00 ~n n <6<6 3 2 ]~ R 666 iOF ~ e ~ ~ ~ ~a ° W .Si'fZfS I,ILOOLN q. ~~ o ~ i ~~~~Q~S~, ~~! p3~~~ a ~ ~ ~ 1~y Ay~~j yzq~j~ ~~e ~yy~ ~`: ~ ~ ~~ y ZI ~y ",,yZ~(( °i ~ ~i~ ~ ~ y V ~ p ,~~ < q~~~1g ~ = m a $' 3 8g. pn mg~g~30~i~ n~~~ ~3 ~u~ ~~ ~`j ~~ ~ L` ~ ~ ~~~~ ~~C i ~~ ~ ~ ~ C~~d } > r ` Iz ~y"p ~ ~ W ~~~~F~°~~~ "~~~~~~ Q}m~ ~ a~~gj7~~~1`g~~ag~~ y ~ ~ ~~~ ~ ~ ~W~~I=~ C m o ~ ~ ~ ~ ~ tc~~~b 9~g ~~ ~~ r a~ M °S b ~~ ~ ~~~`€ r ~~~~~~ a~~ ;t~ ~ ! ~~ 6~~~ >t 8i W°~~ p o d m ~ I ! s~~~~ ~/ a dmr i ~ ka ~ I ~~ o d b0 eo91- stanlvx' ~ ~ ~ ~ ~ ~ ~~~~ g s s W , Y ~i ~S~~g v 8gg ^ R W ~ m ~ ~ ~~~ I R G pc•LZ~as'cz-I ~ ~~ i ~ x ~'~b~34 ~~gy ~ ~ R 0 m ~ y L~ ~ ~<1I'°~~__ -- --.~M.n.osLOS I_ ~~~y Ir ~~ ~~s~ ~~p~p~55~ ~a ZZ~+ ~ ~ ~~ am' ~ i ~ T3.fS.OSLO J ~'` ~m IIl ~ ~ '~ ~°"~ M ~ C ~ ~°. °p ~=1~m i a s~ ~ o ° ~~ ~ _ w ~ ~ ~~ a„ °~ ~ «`J i ~ ~ ~~ eD ~~ ~e$S ga ggb°§E ~ d ~a a ~~~.sz z< ~a~ I ~ ~ ~ ~~~ . ~~g~ ~ Ea ~ ~ °~ u'o' .fo~ez~ .uz* I ~$ ' kEkg 8 ~ $ e^5jr'S c~~ r. 3 .SS.OS,LO N 3 SZ.S46B N d°.m I ' ~ i ~ ~ ~ ~ ~ ~~_~ (~ t 11n[~ ,S ('a~ m +~~' 4 A AVL1'vl.(y ' 'roL sbn~ ~ a~ " ' ~~ ;B g~~ ~8 s6~ss °~'a~ e f H M- # 1~.ra ti„moo I<~I« I ~a 8~ ~e~ {sggggYY~"6o~~ g ~ :w (~bv rovJ ~ ~ 1~ 6 $°8 5 ~g ~ ~ ~lgugu $ $ g i I -~ ~'60~ ~ Lis ~~ Ss~b$~~~°~.~ ~5~ ~ ~ _ f' ~ Q%l k'! ~~~_.4S=_ ~ ~5~~~ Sr°sg~~SS ~~°$ `~qm~ 5 ~ $ W ''~'4i[Wmz- 3.SS.os.L~ t ~ ~ ~ _ E s ~°~~ d€ ~ W Lolr .Iy,a~,~~ ta~ dlrl' N ~ ' ~ $ 8 ~ a ' ~ { ~ ~ ~ ~ : 6'6 55 ~' 0: I n A Alfy ~ teary 5 b as ~ i & ~' " ~ i $. ~ ~ {¢ m ~b/1q ~'AMMI pp~ zttreJ S + ~~' 6s~°F~~'^~~~'~~ 8 8 5 ~ ~ ®~ N qIi' ~ > H`JII-~ 1b2,>3O3d •N &~~ ~~~ Sg~ 5~ 6~ $3sxe"~1°~ ~ d K j d d n d a 0 0 X U C~ m C~ /\t ~ / L a' W •~ v / U (~ N m (~ L 0 0 N 07 N MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Police Legal Advisor/Asst. City Attorney THROUGH: City Attorney DATE: August 25, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 CLEARBROOK PARK HOMEOWNERS ASSOCIATION/TRAFFIC ENFORCEMENT AGREEMENT ITEM BEFORE COMMISSION This is a Traffic Enforcement Agreement between the City of Delray Beach Police Department and Clearbrook Park Homeowners Association. BACKGROUND This Agreement will allow the Police Department to enforce state and local traffic laws on the private roads of Clearbrook Park. The agreement also mandates that the Homeowners Association comply with the speed limits set by Florida Statute and follow Department of Transportation standards for traffic control devices. The Police Department feels that allowing enforcement of state and local traffic laws will enhance our presence in the area and have a more direct impact on crime in that area. FUNDING SOURCE Clearbrook Park Homeowners Association will pay the sum of $12.00 per year to the City of Delray Beach. RECOMMENDATION Approval. ~_ 4 CLEARKBROOK PARK HOMEOWNER'S ASSOCIATION, INC. TRAFFIC ENFORCEMENT AGREEMENT WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") through its Police Department, wishes to make its Community Policing efforts in CLEARBROOK PARK HOMEOWNER'S ASSOCIATION, INC. as effective as possible; and WHEREAS, the CLEARBROOK PARK HOMEOWNER'S ASSOCATION, INC. (hereinafter referred to as "ASSOCIATION"} is desirous of the enforcement of state and municipal traffic laws on its property; and WHEREAS, both the CITY and the ASSOCIATION feels that such enforcement will make the Community Policing effort a more positive influence on the community; and WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on private roads pursuant to a written agreement approved by the City Commission which provides for reimbursement for actual costs of traffic control and enforcement liability insurance and indemnification and other terms as are mutually agreeable by the parties. Now, therefore, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The CITY does hereby agree to enforce all state and municipal traffic laws on all private roads owned by the ASSOCIATION. 2. The enforcement of the traffic laws will occur 24 hours, 7 days a week. 3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to cover the actual costs of the traffic control and enforcement incurred by the CITY. 4. The speed limit shall be that set by Florida Statute 316.183(2) and 316.189(1) of 30 mph. 5. Signs posting the speed limit must comply with Manual Uniform Traffic Control Devices used by the Department of Transportation and F.S. 316.189(3}. 6. Stop signs must conform to the manual and specifications of the Department of Transportation as stated in Florida Statute 316.006(2)(b)(3). 7. The ASSOCIATION shall defend, indemnify and hold harmless the CITY, its agents, ofFcers, officials and employees from any and all claims, suits, causes of actions or any claims whatsoever made arising from any and all acts of traffic control and traffic enforcement that occur on the ASSOCIATION'S property following the date of this agreement. Nothing herein shall be deemed a waiver of the privileges and immunities granted to the CITY under F.S. 768.28. This indemnification shall survive the cancellation of this agreement. 8. The ASSOCIATION shall provide liability insurance to cover the indemnification in the amount of $1,000,000.00 and name the CITY as an additional insured. 9. This agreement shall take effect upon execution and approval by the Delray Beach City Commission and the CLEARBROOK PARK HOMEOWNER'S ASSOCIATION INC. and shall continue in full force and effect until rescinded by either party. This Agreement shall automatically renew upon payment of the yearly fee. 10. Either party may cancel their participation in this agreement upon delivery of 30 days written notice to the other party. Cancellation will be at the direction of the subscribing party. 11. In any action brought to enforce any provision of this agreement, the prevailing party shall be entitled to the relief sought plus all costs incurred and reasonable attorneys' fees. 12. The ASSOCIATION, by signing below, affirms that they have read and understand this agreement and that they have been given the opportunity to have the attorney of their choice review this agreement. /~~~:~~ This agreement made and entered into on this ~ ~ day of y, 2008. City of Delray Beach, Florida By: Rita Ellis, Mayor Clearbrook Park Home er's Ash. Inc. By: Jo Ambro resid ATTEST: City Clerk form a Catherihe M. Kozol, Asst. City Attorney 2 ~iUG-O7-200& THU 04~3I Fit Eaton Insurance FflX N0. 5619664312 P. O1/O1 ... .. _. ~~ I II ~ DATEIMMIDDIYY! ,atco~ CERTIFICATE QF LIABILIT"~ II~~UR~1~CE ~ aero7,ot3 I~ ~~ YHlS CtRTIFICATE lS ISStJEl1 AS A MATTI=R OF INFWRMATION , pROput.eR Eaten insurance, !ne. OfdLY AND CONFERS NO RIGHTS UPON THE cERTIFICAT! I 7763 lake Werth Road H13LOER. THC CERTIFY ATE DOES NOT A61END, EXTEND GR .~ L.aKa Worth, FL 33487 NAJC p phcroe (881j9N1-1848 Fax (581!.906.4312 . INSIIRPRB AfF~IHQ COVERA~rE .~ ~-.-"- NAUTILUS INSURANCE COAhPANY I u~lauRED Clcerbroak Park Assoc., Inc g; ~ 74$ Cloarbrook Park Clrcle NsUa c: ' ' Dolray Baach, FL 33445- Rlc ~ -}-~---; -~ i ~'Ri?R E• I I ~ (581) 278-gt3T1 ` CavERAGES [NfiURBR F: TI-~ POLICIES OF INSURANCE LISTER hlAYB BEEN I C~ ED TCT ORtOI'~R pCOUNIfiPfT VVTCE H RESPeCT TO WtIICIi TNIB CFATIFICATB MAY e~~UED OR ~ ~~ ~. REr~ J~py~K(~ ; ~RMA OR CONCITION CP fWY NTRA i MAY PERTAIN, TFifi [N6URANC£ AFPORGEQ BY TFA'. POLICIES pE90WBED HEREIN O SUp.lEC7 70 ALL THE Tf.RN~3, F_1lCWSWNS ANC CONS7rrIONS OF SUCF{ I i pO1JCIE3. AOORJR'iATE LiM1'S SHOWN MAY HAVE BELN RERUL'ED aY PAID CIMiS. aoueY ~~~ _._~ IrOLtCI_!'JTCC'T!YE I --~ .._.~_..r LaMUT3 ! 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VE)iIGLSe i EXCLUSSONS AOC® BY B IERS A6SOCIA710N TE HOLDER !S ALSO LISTER A3 ADDITIONAL INSURED DAMAC3f: 7v nc:v ~ cu $Q tn~p I P 8~ IBa eccucancel _ '~-- pAED EXP (Any one EXCLUQ ED FERSaNAL a ADV INJURY 1,004, GEN2RW.AtSLlRLGATt; I z,oaa;oo~ IPROIIUCTS-ISOMProaacsG cNCLUDGDI "- ~ ~ I i CGrAetltiED StNriLE LWET 1 '!a a~eidad0 6001LY Pr'1URY (Pw aon 60dtLY N.IURY per oee:lden0 I PRCPpiTY DAMAGE i I tiler aoaidant) ~ ~~ AUTO oNLY • EAACCIGEt1T OTHL'R THAN EA ACC _,~~ AUTO C4VLY: A~ FJ-t~f pCpJRREKCE i AOti~ TE ,~ ^ I p arat ~ ' ~- T~- u- • [j vvc sT ~ j~RY ~l~ ER ~:.t. EACN AtxIDENT t ~ - i c L, DI3°-AgE - EA EMPWYEE ~i _ E.L. DIHEASE • PatJCY UA[IY L ' ,,~ ~ it 1 11 ~ I f OPECIAI. pRp1fI610NS e:RR'i1FiCATE FIOL.OER C;TY OF DF1R.4Y BEACH POLICE DEPARTMENT 300 W. ATLANTIC AVENUE DELRAY BEACH, FLORIDA 33444 ,ALSO LISTED AS ADDITIONAL INSURED ACORO Tti (2401r'08} 4F CANCEI-IATION SHWLP ANY OF THE ABOVE OESGRIBED POUCiPS EE CAr10131.LED BEFORE THB fiXPIRATION OATS THE3rE0F, THE ISSLIIdG lti9U1CER'lfELL BNOEAYOR TO IItgIL. 30 pAYS: WRITTE'Jd NOTICE TO THE cHRTIPIGATE NQI.DBR Hfu~ TO ~ TFT-L~'r, 8UT PAtL'JRE TO DO 50 &liAL1 IGIPOaC NO OOUOATION OR UAB{LrrY OF ANYKIIVD UPON THi pVBUReR rrS AOPJITS OR RE-RESENTATfVEa. ~ AUTHORIZED REPRESENTATIVE ~ I MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: August 26, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 PROTECT AGREEMENT AMENDMENT/FLORIDA INLAND NAVIGATIONAL DISTRICT (F.LN.D.)/DELRAY INTRACOASTAL PARK ITEM BEFORE COMMISSION Approve a Project Agreement Amendment between Florida Inland Navigation District (F.LN.D.) and the City of Delray Beach to extend the completion time fora (1) year period, ending September 1, 2009. BACKGROUND Currently Mangrove Park (aka Delray Intracoastal Park) was due for completion on August 31, 2008, but due to problems during construction the deadline has not been met. Our current project agreement with F.LN.D. will terminate on September 30, 2008 unless a project agreement time extension is executed. Some of the problems causing delay were a dense layer of rock below the proposed seawall requiring redesign of the parapet wall system, and a portion of the existing seawall at the boat ramp, exposed during excavation, that required removal and replacement. The contractor is in the process of completing the work on the driveways, parking lot, curbing, sidewalks, site lighting, irrigation and the remaining east vehicular barrier wall. RECOMMENDATION Parks and Recreation recommends approval of the project agreement extension with Florida Inland Navigation District for a term of (1) one year closing on or before September 1, 2009. PROJECT AGREEMENT AMENDMENT In consideration of the continuing mutual promises and covenants contained in PROJECT AGREEMENT No. Delra Intracoastal Park MSA 650 Pro'ect #PB-DB-06- 117 between the FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.) and City of Delray Beach hereafter known as the PROJECT SPONSOR. The parties hereby agree that Paragraph 2 of said certain PROJECT AGREEMENT be deleted and the following be substituted therefore: 2. TERM -The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shalt camplete the PROJECT and submit all required payment reimbursement information on or before September 1, 2009. Pursuant to law, the PROJECT period cannot extend beyond three (3) years from October 1, 2006 and therefore this PROJECT must be completed by September 30, 2009, unless the completion of the PROJECT has been delayed by a declared natural disaster and the F.I.N.D. Board authorizes an extension of the completion date based upon this delay. In WITNESS WHEREOF, the parties have hereunto set their hands and seals this of , 20 Attest: F.I.N.D. DIRECTOR Attest: PROJECT SPONSOR CONTRACT ADMINISTRATOR ~iproved as to form afld 1ega1 s~#ficier~cy: ~y. pity ~Attorne~' ~~~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: August 28, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 HISTORIC PRESERVATION GRANT AWARD AGREEMENT/HISTORIC MARKERS ITEM BEFORE COMMISSION The item before the City Commission is approval of the Historic Preservation Grant Award Agreement for $4,750 towards the purchase of five (5) State Historical Markers to be located within the City's five (5) designated historic district. BACKGROUND At its October 16, 2007 meeting, the City Commission approved a request to submit a Historic Preservation Grants-in-Aid application for the purchase of ten (10) state historical markers. The estimated total cost of the ten (10) markers was $19,000, and the grant application requested $9,500 in State funding, half of the estimated total cost. Upon review in March 2008 by the grants review panel, the application was approved for $4,750, half the amount requested, and one-quarter of the total project cost. The balance of the funding was originally going to be collectively provided by the City ($5,700), CRA ($2,375), Delray Beach Historical Society ($475), EPOCH ($475), and the Delray Beach Preservation Trust ($475). The funding source for the $4,750 shortfall will come from the Planning and Zoning Department's current budget. Due to the reduced award amount, the State noted that the funding was for the purchase of five (5) State Historical Markers, as opposed to ten. This change will solely affect the number of Markers noting "sponsorship" by the State, as all ten (10) of the markers were approved by the marker review committee in 2007, and therefore, the purchase of five (5) of the markers may proceed immediately. On July 28, 2008, the Planning and Zoning Department received the grant award paperwork. In order to execute the agreement, approval by City Commission is now requested. RECOMMENDATION By motion, approve Historic Preservation Grant Award Agreement for $4,750 towards the purchase of five State Historical Markers. Abbreviated Historic Preservation Grant Award Agreement Historic Marker Grants Grant No. 50906 This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the City of Delray Beach, ,hereinafter referred to as the Grantee, relative to the Delray Beach Historic.District Markers Project, hereinafter referred to as the Project. The Department is responsible for the administration of grants-in-aid assistance for historic preservation purposes under the provisions of Section 2b7.0617, Florida Statutes. The Grantee has applied for grant-in-aid assistance for the Project. The application, incorporated by reference, has been reviewed and approved in accordance with Chapter 1A-35, Florida Administrative Code, which regulates Historic Preservation Grants-in-Aid. Pursuant to Line Item Number 3156, contained in the 2008 - 2009 General Appropriations Act, Ch 2008-152, Laws of Florida, the Department enters into this Agreement with the Grantee under grant number S090b, for the purposes as described in Section I. Subject to the limitations set forth in this Agreement, grant-in-aid funds in the amount of $4,750.00 (four thousand seven hundred fifty dollars} have been reserved for the.Project by the Department. The Department and the Grantee agree as follows: I. The Project shall include the foIlowing Approved Scope of Work: A. Five Florida Heritage Markers to be placed in five historic districts in Delray Beach. B. Upon compie#ion of the project, a photo of the installed Marker will be subnnitted to the Department as a fine! product no later than June 30, X98.2009. Any grant product deadlines indicated in this section {excluding Quarterly and Final Project Progress & Expenditure Report deadlines) must be incorporated into the applicable contract for goods and services. II. The Grantee agrees to administer the Project in accordance with the GENERAL AND SPECIAL CONDITIONS GOVERNING GRANTS AND THE ADMINLSTRATIVE INSTRUCTIONS FOR HISTORIC PRESERVATION PROJECT ACCOUNTABII.ITY attached as Attachment A hereto; Chapter IA-35, Florida Administrative Code; and the following specific conditions: A. This grant becomes effective an July 1, 200$ and ends on June 30, 2009. This agreement must be signed by the grantee and received in Department offices by October 1, 2008 to avoid forfeiture of award. All _ grant foods and match shall be expended and all project work shall be completed by June 30, 2009. B. The Grantee agrees to complete and submit the Final Project Progress &. Expenditure Report, incorporated herein by reference and available online at http:l/www.tlheritage.com/grantslinfolreports/, as specified in Attachment A, Part II, subparagraph B.2., by July 31, 2009. Na costs incurred prior to July 1, 2008 are eligible for payment from grant fonds. No costs incurred after June 34, 2049 are eligible for payment. No extension of the grant period will be allowed. C. The Department shall not assume any liability far the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the Department. The Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee, its agents, servants or employees. D. The Grantee, other than a grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the Department harmless from and against any and all claims or demands for damages, including attorney fees and court costs, resulting from personal injury, including death or damage to property, arising out of any activities performed under this Agreement, omissions to act or negligence of the Grantee, its agents, servants, or employees and shall investigate all claims at its own expense. E. The Grantee shall designate a Project Manager to serve as liaison with the Department for all administrative requirements set forth in this Agreement. The designated Project Manager for the Project is: Name' Title: Mailing Address: City: Zip Code: Daytime Telephone: FAX: e-mail: F. The Grantee shall be solely responsible fot all work performed and all expenses incurred iui connection with the Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Deparhnent prior to its execution, as specified in Attachment A, Part II, subparagraph. A.2.g(3); and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. G. The Grantee agrees that all acts to be performed by it iri connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. H. The Department shall unilaterally cancel this Agreement in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Agreement. 1. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. The Grantee shall not charge the Department for any travel expense without the Department's written approval. Upon obtaining the Department's written approval, the Grantee shall be authorized to incur travel expenses to be reimbursed in accordance with Section 112.061, Florida Statutes. 7. The Grantee recognizes that the State of Florida, pursuant to Section 212.08(6), Florida Statutes, is not required to pay taxes on any goods or services that maybe provided to it pursuant to this Agreement. K. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the Department has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shorifaii, the total grant shall be reduced in proportion to the revenue shortfall. L. The Grantee will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of race, religion, color; disability, national origin, age, gender, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this Agreement. M. The Department shall not be liable to pay attorney fees, :interest, late charges and service fees, or cost of collection related to the grant. N. These grant fiords will not be used for lobbying the Legislature, the Judicial branch or any state agency. III. For Historical Marker projects, the Department agrees to pay the Grantee for 50% of the Grantee's total cash expenditures up to a maximum payment of ed 750 U6 ffour thousand seven hundred fifty doilars~. IV. For Main Street projects, the Department agrees to pay the Grantee for 100% of the Grantee's total cash expenditures up to a maximum payment of S f dollars}. A. Ail disbursements of grant funds shah be on a reimbursement basis as described in 1 and 2 below. Requests for payment mast be made in writing by the Grantee and must specify the amount of funding being requested. 1. For Historical Marker projects, reimbursement of expenditures will be made upon Deparhnent receipt and approval of a Final Project Progress and Expenditure Report, including documentation of payment for and erection of the marker(s). 2. For Main Street projects, the Grantee may request reimbursement of expenditures as documented in each required Quarterly Project Progress and Expenditure Report. For these projects, the Grantee shall submit a complete Quarterly Project Progress and Expenditure Report each quarter on the schedule provided by the Department for the duration of the Project. 3. Disbursement of grant funds shall be subject to any special conditions required by the Office of the Chief Financial Off cer of the State of Florida. The Department reserves the right to withhold payment if the Grantee fails to provide required Project Progress and Expenditure Reports or is otherwise found to be in violation of any term{s} of this Agreement or other Agreements with the Department. 4. The Grantee shall submit a complete Quarterly Project Progress and Expenditure Report each quarter on the schedule provided by the Department for the duration of the Project. All such reports shall provide accurate information regarding the status of project work, as well as accurate fimding expenditure information. Reports that do-not contain accurate information will be rejected. 5. The I7eparkment shall evaluate all payment requests based on the status of project work and compliance with the reporting and procurement requirements of this Agreement. The total of grant funds transferred to the grantee following final Project completion, including all funds previously transferred in incremental payments, shall not exceed the amount of the grantee's actual cash expenditures in payment of allowable project costs. V. Consistent with the grant funding expenditure threshold indicated in Attachment B, Part II, paragraph 1, each grantee, other than a grantee which is a State agency, shall submit to an audit pursuant to Section 215.97, Flarrda Statutes. A. All audits as described above shall be submitted within six months of the close of the Grantee's fiscal year, or within six months of the ending of the Grant Period. All audits or attestations must cover each of the Grantee's fiscal years for which grant funds were received or expended under this Agreement. B. Grantees shall sign and return to the Department one original copy of Attachment B, which refers to the responsibility of the Grantee under the Florida Single Audit Act. C. The Grantee shall complete the Florida Single Audit Act Certification included in the Quarterly Project Progress and Expenditure Report. Completion of this certification is required for each reporting period for the duration of the Project. VI. This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of 1~ lorida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this Agreement. VII. if any term or provision of this Agreement is found to be illegal and unenforceable, the remainder of this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. VIII. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either parry under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach ar default, or any similar breach or default. 1X. Each grantee, other than a grantee which is a State agency, agrees that, its officers, agents and employees, in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee or agent of the State. Each grantee, other than a grantee which is a State agency, is not entitled to accrue any benefits including retirement benefits and any other rights or privileges connected with employment in the State Career Service. The Gran#ee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State. X. The Grantee shall not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without prior written consent of the Department which. consent shall not be unreasonably withheld. 'The Agreement transferee must also demonstrate compliance with Chapter IA-35, Florida Administrative Code. If the Department approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties and obligations of the Department to another government entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties and obligations under this Agreement shall also be transferred to the successor government entity as if it were an original party+ to the Agreement. XI. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the Department. XII. The following provisions shall apply for the voluntary and involuntary suspension or termination of the grant by either the Department or the Grantee: A. Suspension. Suspension is action taken by the Department which temporarily withdraws or limits the Grantee's authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to terminate the grant. 1. Notification. When the Grantee has materially failed to comply with the terms and conditions of the grant, the Department may suspend the grant after giving the Grantee reasonable notice (usually 30 calendar days} and an opportunity to show cause why the grant should not be suspended. The notice of the suspension will detail the reasons for the suspension, any corrective action required of the Grantee, and the effective date of the suspension. 2. Commitments. No commitments of funds incurred by the Grantee during the period of suspension will be allowed under the suspended grant, unless the Department expressly authorizes them in the notice of suspension or an amendment to it. Necessary and otherwise allowable costs which the Grantee could not reasonably avoid during the suspension period will be allowed if they result from charges properly incurred by the Grantee before the effective date of the suspension, and not in . anticipation of suspension ar termination. Third party contributions applicable to the suspension 4 period shall not be allowed in satisfaction of matching share requirements, unless otherwise agreed by the parties. 3. Adjustments to payments. Appropriate adjustments to the payments submitted after the effective date of suspension under the suspended grant will be made either by withholding the payments or by not allowing the Grantee credit for disbursements made in payment of unauthorized costs incurred during the suspension period, 4. Suspension period. Suspensions will remain in effect until the Grantee has taken corrective action to the satisfaction of the Department or given written evidence satisfactory to the Department that corrective action will be taken, or until the Department terminates the grant. The grant shall be terminated by the Department if the Grantee fails to respond in writing to a notification of suspension within 30 calendar days of receipt of such notification by the Grantee. B. Termination. Termination is the cancellation of grant assistance, in whole or in part, under a grant or project at any time prior to the date of completion. l . Termination for cause. The Department shall have the authority to cancel this Agreement because of failure of the Grantee to fulfill its obligations under this Agreement or any other past or present grant award agreement with this Division or any other Division within the Department of State. Satisfaction of obligations by the Grantee shall be determined by the Department. The Department shall provide the Grantee a written notice of default letter. The Grantee shall have 15 calendar days to cure the default, unless it is determined by the Department that the default is of a nature that cannot be cured. if the default is not cured by the Grantee within the stated period, the Department shall terminate this Agreement. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this Agreement, the Grantee will be compensated for any work satisfactorily completed in accordance with this Agreement prior to notification of termination. 2. Termination for convenience. The Department or the Grantee may terminate the gent in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. 3. Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation. After the initial payment, the Project maybe terminated, modified, or amended by the Grantee only by mutual agreement of the Grantee and the Department. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 4. Commitments. When a grant is terminated, the Grantee will not incur new obligations for the terminated portion after the notification of the effective date of termination. The Grantee will cancel as many outstanding obligations as possible. The Department will allow full credit to the Grantee for the Department's share of the noricancelable obligations properly incurred by the Grantee prior to termination. Casts incurred after the effective date of the termination will be disallowed. XIII. Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the Department, and to City of Delray Beach, 100 North West 1st Avenue, Delray Beach, FL 33444, for the Grantee. Unless the Grantee has notified the Department in writing by return receipt mail of any change of address, all notices shall be deemed delivered if sent to the above address. XN. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual relationship. XV. This instrument and the Attachments hereto embody the whole Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties. No change or addition to this Agreement and the Attachments hereto shaII be effective unless in writing and properly executed by the parties. All written approvals referenced in this Agreement must be obtained from the parties' gran# administrators or their designees. The Department -and the Grantee have read this Agreement and the Attachments hereto and have aged their signatures: DEPARTMENT OP STATE FREDERICK P. GASKE Dixector, Division of Historical Resources Date CITY OF DELRAY BEACH Signature of Authorized Official Typed Name of Authorized Official Typed Title of Authorized Official Date 6 Historic Preservation Grant Award Agreement Attachment A Grant No. S4906 Delray Beach Historic District Markers Project General and Special Condi#ions Governing Non-Matching Grants and Administrative Instructions for Historic Preservation Project Accountability State of Florida Department of State Division of Historical Resources July 2008 ln~roduction and Defini#ions !n accordance with the provisions of Chapter 267, Florida Statutes, the Division of Historical Resources, Department of State is responsible for the administration of a comprehensive program of historic preservation activities in Florida, and is authorized to participate in and receive funding assistance from the Federa! historic preservation program administered by the National Park~Service, tJnited States Department of the Interior as authorized by the National Historic Preservation Act of 7966, as amended. Major funding for the overall program is derived from State funds authorized by the Florida Legislature and from the annual apportionment of Federa! funds to Florida through the Federa! historic preservation program. The award and administration of grant-in-aid assistance far historic preservation projects to be carried out by public agencies or preservation organizations at the local level is one element of the State's comprehensive historic preservation program. Grants are awarded from funds available in the Historic Preservation Trust Fund established under authority of Section 267.0677, Florida 5fafutes. These funds may include a part of the Federal funds apportioned annually to the State, as we!! as funds appropriated for this purpose by the State Legislature and funds- contributed from other sources. The cost of administering historic preservation projects grants is included in the overall costs of the comprehensive program, and is supported in part by the annua! apportionment of Federal funds. Continued eligibility for Federal funding assistance requires that the S#ate's comprehensive historic preservation program be administered. in accordance, with :Federal laws,. regulations, and conditions, as well as those of tEie State of Florida. The General and Special Conditions Governing Grants and the Administrative Instructions for Historic Preservation Project Accountability contained herein are intended to inform grantees of and assure grantee compliance with the Federal and State requirements applicable to historic preservation projects grants. De#initions "Allowable project costs" are the direct -costs in cash expenditures that are necessary to the accomplishment of authorized project work, incurred during the project period, and properly documented in accordance with the Department's Administrative Instructions for Historic Preservation Project Accvun#ability. "Approved Scope of Work" means those activities described in Section l of the Grant Award Agreement or in a fully executed amendment thereto. "Department" means the State of Florida, Department of State, Division of Historical Resources. "Grantee" means the agency, organization, or individual named in the Grant Award Agreement. "Grant period" means the period of tune beginning on the effective date ofi the Grant Award Agreement and ending on the date specified in the Grant Award Agreement. ``Project funds" refers to all amounts available for or expended in connection with the authorized project work, whether derived from State or Federal grant share. PARTI General and Special Conditions Governing Grants All expenditures in connection with projects approved for assistance under the historic preservation grant program are subject to the provisions of Chapter-267 Florida 5tafufes; the National Historic Preservation Act of 7966, as amended; other applicable S#ate and Federal laws, rules and regulations; the general condi#ions listed below, and special conditions affrxed to project grant awards. Applicability These conditions are applicable to the Grantee and to any consultants, contractors, ar employees to which grant=in-aid funds are paid (including but not limi#ed to architects, engineers, archaeologists, historians, contractors, construction managers, suppliers, vendors, etc.). Failure by the Grantee-to comply with the conditions of grant assistance will be considered to be noncompliance. A. General Conditions 1. ,Grantee Publicity Requirements. In order to insure a wide public awareness of local preservation projects and historic preservation in general, the Grantee shall meet the fallowing requirements regarding publicity of hislher project: a. At the outset of the project, a news release shall be sent by the Grantee #o loco! print and electronic media identifying the project's specifres including the source(s) of grant funds, name of the projec#, nature of the project, and its benefits to the community. A copy of the news release(s) shall be submitted to the Department. b. Upori completion of the project, the Grantee shall issue another news release to local print and electronic media. e. There shall be an effort on the part of the Grantee. to encourage publication of one oe more feature stories on the Grantee's project by a newspaper, magazine or television program of at least local circulation. The Grantee shall provide the Department with a copy of any ensuirig articles or a written statement identifying the date and network of any television broadcast{s}. In the event that such efforts are unsuccessful, the Grantee shall provide the Department with copies of correspondence with newspapers, magazines or television stations indicating the Grantee has requested such a feature story, or written certifcation from-the Grantee to the Department that such an effort was made. d. During the course of the project, the Grantee is encouraged to inform elected officials, including state officials, mayors, and city and county commissions, by fetter of the nature and benefits of the project. e. In the case of rehabilitation orres#oratian projects, the Grantee should also make an effort, where appropriate in the judgment of the Grantee, to publicize the project and the source of grant assistance (at any stage of the project) to the community through a dedication or other public ceremony of some nature. Federally Funded Projects: All news releases and promotional materials relating to Federally funded projects shall contain acknowledgment of grant assistance, substantially as fellows: This project (publication) has been financed in part with historic preservation granf assistance provided by the National Park Service, V.S. Department of the Interior, administered through the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. g. State Funded Projects: Ali news releases and promotional materials relating to State funded projects shall contain acknowledgment of grant assistance, substantially as follows: This project,[publicationj has been financed in part wlfh historic preservation grant assistance provided by the Bureau of Historic Preservation, .Division of Historical Resources, Florida Department of State, assisted by fhe Florida Historical Commission. 2. Amendments to the Grant Award Agreement. All amendments to the Grant Award Agreement for the project shall be in writing and fully executed by both parties. Amendments will be prepared by the Department, either at its own initiative or upon approval of the written request of the Grantee. 3. Changes in Approved Scope of Work. The Grantee may not, without formal amendment of the Grant Award Agreement, make changes in the scope of .the project that would be inconsistent with the Approved Scope of Work as stipulated in Section I. of the Grant Award Agreement or make any changes that might result in a deviation from the intent of the legislation that authorized the award of the grant. In the event of uncertainty, questions should be referred to the Department for final determination. 4. Extension of Grant Period. No extension of the rant eriod will be allowed'. 5. .Timeliness of Work.. All project work shall be completed and all grant funds shat! be expended by the grant end date. The "Finat Project Progress & Expenditure Report`' shat! be submitted within thirty (30)-days following the grant end date. 6. Project Supervision. The Grantee will assure that competent and- adequate professional ...supervision and: inspection are provided and ensure that the completed work conforms to the approved standards and specifications. 7. Conflict of Interest: The Grantee.-shall comply with the Taws. of the State,, of Florida governing conflict of interesfi and standards of ethical. conduct. In addition, no grantee official, employee, or consultant who. is authorized- in his or her official capacity to negotiate,. make, accept, approve, qr take Pad in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project shiaii take part in-any decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in.which his or her spouse,. child, parent or,partner, or any organization in which he or she is serving as an officer, director,' trustee, partner, or employee of which he ar she has or is negotiating any arrangement concerning employment has such interest. Grantees shall avoid circumstances presenting the appearance of such conflict. Furthermore, the. spouse, .child,.. parent, or partner of an officer, .director, trustee, partner, or employee. afi the Grantee shall -not: .receive grant funds unless specifically authorized in writing by the Department prior to expenditure' of said grant funds. 8. Dual Compensation. if a Grantee staff member or consultant is involved simultaneously in two or more projects supported by State ar Federal funds, and compensation on either project is based upon percentage of time spent, he or she may not be compensated for more than 'i00 percent of hislher time during any part of the period of dual involvement. 9. Contingent.Fees. No person, agency, or other organization may.pe employed ar retained to solicit or secure a: grant or contract upon an agreement ar understanding. for commission, ,percentage, brokerage, or contingent fee. For breach or ~ioiation of this prohibition, the I]epartment shall have the right to annul the grant without liability or, at its discretion, to deduct ,from the grant or otherwise recover the full amount of such commission,-percentage brokerage or contingent fee, or to seek such other remedies as may be legally available. 4 30. Use of Individual Consultants. No projec# funds shall be used for the payment of fees to individual consultants without the written au#horization of the Department. The procurement of individual consultant services must be justified and documented in accordance with the Administrative Instructions for Historic Preservation Project Accountability con#ained in Part I[ herein. In no case will consultant fees over and above regular salary be paid to employees of the Grantee organization- or of professional- firms or organizations whose services have been properly procured by the Grantee for the project. The Grantee will not use any project funds to pay travel expenses of employees of the Florida Qepartment of State or Federal government for lec#ures, at#ending program functions, or any other activities in connection with the project. 11. Civil Rights Compliance. The Grantee will assure that the project is administered in conformance with the Civil RighfS Act of 9964, Section 504 of the Rehabilitation Act of 7973, and the Age Discrimination Act of 9975, as amended. Title VI ofi the Civil Rights Act of 9964 states that no person will, on the grounds of race, color, religion, sex or nations[ origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving- Federal financial assistance. Section 504 of the Rehabilitation Act of 9973 requires that no qualified disabled individual is solely, by reason of disability, excluded frorri participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance. The Age Discrimination,Aa of 9975 prohibits discrimination on the basis of age under any program or activity receiving Federal fnanciai assistance.. Every grantee is required to submit a Civil Rights Assurance of Compliance Form. No grant awards may be made without a Civil Rights Assurance. of Compliance Farm on file. 12. Discrimination in Employment Prohibi#ed. In all hiring or employment in connection with the project, each employer (1) will not .discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin, and {2) will take affrmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, age, or national origin. In addition, no qualified person shall, on the basis of disability,. be subject to discrimination in employment in the grant .assisted ,project. T#~ese requirements .apply to, but are not i~mited to, the following: employment, promotion, demotion or transfer; rates pf pay or other forms of compensation; and selection .for training, including apprenticeship. The Grantee and its consul#ants or contractors will comply. with alt applicable statutes- and Executive Orders an equal. employment opportunity :and- grant awards will be governed by-the, provisions of all such statutes and Executive Orders, including enforcement provisions. 13. Religious. Institutions. if the project involves a place of worship or faith-based organization or property, the Grantee will assure that neither the execution of nor the public benefit resulting from the project require involvement or participation in religious services or activities. 14. Political Activities. No expenditure of project funds may be made for the use of equipment or premises for political purposes, sponsoring. or conduction of candidate's meeting(s), engaging in voter registration or voter transportation activity, ar other partisan politics! activities. 15. Hatch Act. No officer or employee of the State whose principal employment is in connection with any activity which is financed in whole or in part with grant assistance shall take part in any of the political activity proscribed in the Hafch Political Activity Act 5 USC 1501 et seq., as amended, with its stated exceptions. 16. Lobbying Activity. No part of the project funds shall be used, either directly or indirectly, to pay for any personal service, advertisement, telegram, telephone, letter, printed or written mafter, or other device, intended or designed to influence in any manner a Member of Congress or the -State Legislature, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress or .the State Legislature, whether before or after the. introduction of any bill or resolution proposing such legislation or appropriation, as proscribed in 18 USC 9993. 17: Safety Precautions and Liability. The Department assumes no responsibility with respect to accidents, illness, or claims arising out of any work performed under a grant supported project. The Grantee is expected to take necessary steps to insure or protect itself and its personnel and to comply with the applicable local, State or Federal safety standards, including those issued pursuant to the Nafional Occupatlona! Safely and Health Act of 9970 (see 20 CFR ?910). 18. Reports, Records, and Inspections. The Grantee will submit financial, project progress, evaluation, and o#her reports as required by the Department and will maintain such property, personnel, fnancial, and other records and accounts as are deemed necessary by the Departmen# to assure proper accounting far all program funds. The Grantee, its consultants and contractors will permit on-si#e inspections by Department representatives and will effectively require employees to furnish such information as, in the judgment of the Department representatives, may be relevant to a question on compliance with grant conditions and the effectivehess, legality, and achievemen#s of the program. 19. Examination of Records. The Secretary of State of-the State of Florida and the State Auditor Genera{, or any of their duly authorized representatives, shall have .access far the purpose of financial or programmatic- audit and examination to any books, documents, papers, and records of the Grantee that are pertinent to the grant at all -reasonable times during a period of five years following completion of the project, or until all claims or audit findings have been resolved. 20. ©isclosure of information. The Grant Award Agreement may be canceled by the Department without prior notices for refusal by the Grantee to allow public access to all documents, papers, fetters or other material relating to the project, in accordance with the provisions of Chapter 919, Florida Statutes,- and wi#h the Freedom of lnformaflon Act, 5 USC 552 as amended by Public Law No. 104-231, 110 Stat. 3048. 21. Rights to Data and Copyrights. When publicatiohs, films, or similar materials are developed, direeEly or indirectly; from a program, project or activity suppofted `by gran# funds; any copyright resulting therefrom shall be held by~the Florida Department of State; Division 'of Historical Resources. The author may arrange for copyright of such materials only after approval from the Department. Any copyright arranged for by the author shall include-acknowledgment of grant assistance. As a condition of grant `assistance the Grantee agrees to, ahd awards to the Department and; if applicable, to the Federal Government, and to its officers, agents, and employees acting within the scope of their official duties, a royalty=free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. 22. Compliance with Environmental Protection Laws and' Regulations. No project funds shall be used for project work involving ground disturbance, modification of land use patterns, new construction, or-other known or potential alteration of the natural environment that does not conform to State and Federal laws and regulations relating to protection of the natural environment, including but not limited to the Nafional_ Environments! Policy Acf of 9969, as amended, 42 USC 4329 ef. seq., establishing national policy goals and objectives for protecting and enhancing the environment. 23. Energy Conservation. The Grantee shall promote energy conservation and utilize to the maximum extent practicable the most energy efficient equipment, materials, construction methods, and operating procedures available in the accomplishment of project work. 24. Convict Labor. The Grantee or its contractors may utilize the labor of State prisoners in authorized work release, parole or probation programs in the accomplishment of work. In accordance with Executive` Order 11755, as amended no person undergoing a sentence of irriprisonment at hard labor shall be employed on grant assisted project-work. 25. Minority Businesses. The Grantee shall encourage greater economic opportunity for minority business enterprises, as defined in Secfron 288.703, Florida Sfafufes, in accomplishment of project work. To the maximum extent possible, the Gran#ee and its consultants or contractors will take. affirmative steps to assure that minority businesses are used as sources of supplies, equipment, construction, and services. Affirmative steps shall include but not necessarily be limited to the following: a. Inclusion of qualified minority businesses on solicitation fists; b. The assurance minority businesses are solicited whenever they are identified as potential sources; c. The division of total requirements, when economically feasible, into small tasks; or quantities to permit maximum participation of minority businesses; d. The establishment- of reasonable delivery .schedules when feasible, so as to encourage participation by minority businesses; and e. Uti[iza#ion of the services and assistance of the Small Business Administration and the Minority Business Developmen# Agency of the U.S. Department of Commerce. 26. Requirements for Survey Reports, Publications and Media Projecfi Products. All projects resulting in a written or published report or other publication, and for projects that result in production of a video; DVD or other non-print media product shall contain the following acknowledgement of funding assistance and content disclaimer: a. For Federally Funded Projects: This project (publicafionj has been financed in part with historic preservation grant assistance provided by the National Park Service, U.S. Department of the inferior, administered through the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. However, the contents and opinions do not necessarily reflect the views and opinions of the Department of the Interior or the Florida Department of State, nor does the mention of trade names or commercial products consfitute endorsement or recommendation by the Department of the interior or the Florida Department of State. This program receives Federal financial assistance for identification and profection of historic properties. Under Title Vl of the Civil Rights Act of 9984, Section 504 of fhe Rehabilitation Act of 1973, and fhe Age Discrimination Act of 9975, as amended, fhe U.S. Department of the Inferior prohibits discrimination on the basis of race, color, age, national origin, religion, sex, disability, or sexual orientation in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office of Equal Opportunify, U. S. Department of Inferior, National Park Service, 9849 C Street, NW, Washington, DC 20240. b. State Funded Projects: This project (publication] has been financed in part with historic preservation grant assistance provided by the Bureau of Hisforic_Preservafion, Division of Historical Resources, Florida Department of Sfate, assisted by the Flarida Historical Commission. However, fhe contents and opinions da not necessarily reflect the views and opinions of the Florida Department of State, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Florida Department of State. 7 B. Special Provisions Applicable to Acquisition & Development Projects. The following special conditions apply to grant assisted projects involving the acquisition, preservation, protection, restoration, rehabilitation, stabilization, or construction of a site, building, structure, or object. Accessibility for the Disabled. The Grantee shall ensure that the grant assisted property meets the requirements of the Americans with Disabilities Acf, Public Law 901-336; Secfion 25.21, Florida Sfafufes; and Part ll, Chapter 553, Florida Sfafufes regarding accessibility for the disabled. Specifications for project work must conform to the Specifications for Making Buildings and Facilities Accessible fq and.Usable by, fhe Physically Handicapped published by the American National Standards institute and the Secretary of fhe interior's Standards far Rehabilifation. 2. Project Identification Sign. When grant assistance is provided for acquisition or development work, a project identification sign will be displayed in a prominent location at the project site while project work is in process. The sign must be a minimum of eight {8) square feet in size {usually 2x4 fee#), be constructed of plywood or-other durable material, and identify the project and source of grant support. Any variation in the above specifications must be approved by the Department. The sign-shall contain the following acknowledgment of grant assistance: This project has been financed in part wifh Historic Preservation Grant assistance provided by the Bureau of Historic Preservation,- Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. The costs of preparation and erection of the project identification sign are allowable project costs; routine maintenance costs of signs are not allowable. A photograph of the project identification sign at the project site shall be submitted to the Department. PART It Administrative Instructions for Historic Preservation Project Accountability These instructions are intended to assist historic preservation grant recipients in meeting the accounting and public benefit requirements. of the historic preservation grants-in-aid programs administered by the Department. Grantee Administrative and Reporting Requirements Grantees are responsible for maintaining #inancial records and project progress reports as outlined below. These records .and reports shall be retained for a period of five {5) years following completion of the project, or until such time as any litigation, claims, or audit questions arising from examination or audit initiated prior to expiration of the five year period are finaEEy resolved. All Grantee project records and reports are subjec# to public disclosure under the provisions of Chapter 119, Florida Statutes, and the Freedom of lnformafion Act`, 5 USC 552 as amended by Public Law 104- 231, 110 5taf 3048. A. Financial Records. Financial records must be adequa#e to account for the receipt and expenditure of all project funds, and to demonstrate compliance with required procedures. Grantee financia! records are subject to audit by State auditors. Inadequate, incorriplete or incorrect project financia! records may result in ineligibility for grant assistance. Financial retards shall include, but are not limited to: Documentation of Project Expenditures. Project expenditures are direct cash value project costs that are reimbursable or are paid for using grant assistance provided by the Department. Department grant assistance is authorized for payment of 100% of allowable project costs, within the dollar limits of the grant, as specified in the Grant Award Agreement. Grantee financia! records shall include complete documentation pertaining to the application for grant assistance, the award of the grant, the Grant Award Agreement, and the receipt and deposition of grant funds. 2. Required Procurement Procedures for Obtaining Goods and Services. Be sure that your organization provides maximum free competition when procuring goods and services related to your grant-assisted project. Every effort must be made to use small business firms, minority owned firms, women's business enterprises, and tabor surplus areas. a. Instructions .for Procurement of Goods and Services for Smaller Projects (including Professional Services and Cons#ruction) for Individual Purchases or Contract Amounts not Ixceeding $15,000.00. For individual purchases or contract amounts not exceeding $15,000, the Grantee must use the applicable procurement method described below: (1) Small Purchase Procedures [ (Purchases or Contract Amounts Up to $2,500). Procurement of goods and services where individual purchases or contracts do not exceed $2,500 may be conducted at the Grantee's discretion. (2) Small Purchase Procedures II (Purchases or Contract Amounts Between $2,500 and. $15,00.0). Goods and services costing between $2,500 and $15,000 may be procured by purchase order, acceptance of vendor proposals, or other appropriate procurement document, provided that you: (a) Solicit written or verbal quotes or proposals from two {2) or more competitors; 9 {b) Develop and implement a process for evaluating proposals and document application of that process for selection {i.e., for construction work, your selection may be based on the lowest responsible proposal amount, while for professional services, selection should be based on task-specific criteria and committee review and ranking of proposals. (b} Are provided with an adequate description of the goods and services proposed; and (c) Secure written approval from the Department prior to acceptance of proposal or execution of con#ract. b. Instructions far Procurement of Professional Services (Including Architectural, Engineering and other Consultant Services for Contracts Exceeding $15,000}. For individual contract amounts exceeding $15,000, the Grantee must use the applicable procurement method described below: {1) Competitive Selection ($15,000 - $25,000). Professional services greater than $15,000 but less than $25,000 must be procured in the following manner: (a) Solicit written quotes or qualifications submissions from two {2) or more competitors; {i) Identify all significant evaluation factors and their relative importance in the request for qualifications. (ii) Indicate in solicitation that public funds are involved. (iii) Develop and distribute detailed project specifications with the solicitation. {b) Establish a review committee to evaluate and rank qualification submissions; {c} Select the fnpst qualified competitor based on the established evaluation criteria (Option:; Conduct an initial ranking to "short fist" competitors and interview the top three for fnal ranking}; (d} Enter into contract-negotiations with the top ranked competitor. If negotiations are unsuccessful with this competitor, proceed tv the next ranked competitor; (e} Secure written.approval from the Department prior to execution of contract. {2) Competitive Negotiation ($25,000 and up). Professional services in excess of $25,OD0 must be procured in the following manner: {a) Advertise with a Request for Qualifications (RFQ) to secure qualification submittals for professional services from two or more' competitors; (i) Publicized the request through notices in local newspapers of general circulation or trade journals, in addition to individual solicitations. (ii) Identify ail significant evaluation factors and their relative importance in the request for qualifications. (iii} Indicate in RFQ that public funds are involved. 10 {b) Establish a review committee to evaluate and rank qualification proposals; (c) Conduct an initial ranking based on the- established evaluation criteria to "short list" competitors and interview the top three for final ranking; (d) Enter into contract negotiations with the top ranked comps#itor. If negotiations are unsuccessful with this competitor, proceed to the next ranked competitor; (e} Secure written approval from the Department prior to execution of contract. Exception: Departments or agencies of the state and units of county, municipal or other local government must always procure- professional architectural, engineering, landscape architectural, or land survey and mapping services in accordance with the provisions of the Consultants Competitive Negotiations Act`; Section 287.055, Florida Statutes. c. Instructions for Procurement Using Competitive Sealed Bids (Procurement of Goods and Services Exceeding $15,000). Except as noted in 3a. and 3b. above, contracts for procurement of goods and services (exclusive of professional serviced shall be undertaken on the basis of sealed bids solicited through.formal advertisement in a newspaper of local or area circulation including: (1 } Notice of the time and place of public. bid opening; (2} Instructions on haw to obtain detailed bid documents or procurement specifications; and (3) A statement that public funds are involved. d. Qualification of Contractors. It is essential that the project be supervised and carried out by personnel possessing training and experience appropriate to the nature of the project. Grantees shall require, as a part of the bid pr proposal package submitted by prospective contractors, documentation of the professional qualifications of the key personnel to be employed. Such documentation shall include, but not be iimi#ed to: (1) Resumes of academic training and employment in the applicable field; (2) Evidence of possession of required licenses or business permits; and (3} Evidence of any previous experience in projects of a similar nature, especially projects requiring compliance with the standards cited in Section II. Paragraph M. of the Grant Award Agreement. e. Contract Provisions. In .addition to provisions defining a sound and complete procurement contract, the Grantee shall ensure that the following contract provisions or conditions are included in all procurement contracts and subcontracts relating to the project (also refer to Section V. Paragraph A. of the Grant Award Agreement): {1) ..Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. {2) All contracts shall contain suitable provisions for termination by the Grantee, including. the manner by which it will be effected and the basis far settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for 11 default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. (3) All contracts and subcontracts awarded by the Grantee and its primary contractors shall assure equal employment opportunity. (~F) All contracts {except those awarded by small purchases procedures) awarded by grantees sha[I include a provision to the effect that the Grantee, the- Department, or -any of their duly authorized representatives shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract, for- the purpose of making- audit, examination, excerpts, and transcription. Grantees shall require contractors to maintain all required records for five years after grantees make final payments and all other pending matters are closed. {5) All contracts involving the research, preparation, and publication of data shall include notice of the conditions relating to copyrights contained in Part 1, Paragraph 21 of Section A on page 5 of this document. f: Contract Pricing {1} Procurement by small purchase procedures ar competitive negotiation methods may be priced on either affixed-fee or cost reimbursable basis. (2} Procurement by the competitive sealed bid method shall be priced on a firm-fixed-fee basis. {3) Contracts for goods and services based : on cast-plus-percentage-of-cost ar percentage-of construction-cost contracts are not allowable for grant-assisted work. g. Procurement Documentation to .be Submitted to the Department. The Grantee shall submit the following items to the Department as evidence of compliance with procurement procedures priorto the execution of any contract for project work:- (1 } Copies of the so[icitatian for proposals ar invitation to bid and all applicable bid documents, including construction ,plans and specifications, if required - to be submitted upon distribution ar publication; {2) A summary of proposals or bids received and the basis for professional, consultant ar contractor selection - #a be submitted upon camp[etion of the selection process; and (3) A copy of the contract - to be submitted for review and approval by the Department prior to execution. A copy of the executed contract is to be submitted to the Department following approval- and execution. B. Project Progress and Expenditure Reports. The Grantee shall submit a Project Progress ~ Expenditure Report- {incorporated herein by reference and available online at hftp:Ilwww.flheritage.com/arantsl to the Department at the end of each quarter within the grant period except for the fine[ quarter in which the Grantee shall instead submit a Final Project Progress and Expenditure Report. Project Progress & Expenditure Reports must be submitted regardless of the type of project (Acquisition and Development; Survey and Planning, or.Cammunity Education] or whether funds have been expended. 1. Determination of Allowable Project Costs. The total project cost submitted by the Grantee might contain expenditures that are not allowable in determining the eligible costs in accordance with the provisions of the Grant Award Agreement. The Department will review each Project 12 Progress and Expenditure Report, and make its determination of the eligible expenditures an the basis of the following criteria: a. Allowable Project Costs. Allowable project casts shall include: (1) Costs incurred by contract for. procurement of goods and services consistent with the Approved Scope of Work in Section I of the Grant Award Agreement; (2} Costs incurred by properly documented small purchase procedures; (3} Costs incurred by the Grantee for the fallowing items applied directly to elements of the Approved Scope of Work in Section 1. of the Grant Award Agreement: (a) Accounting: the cost of es#ablishing and maintaining interest-bearing fiinancial accounts directly relating to the Project; {b) Auditing: audit costs only as required by the Florida Single Audit Act (see Section IV. of the Grant Award Agreement and Attachment 13 hereto). (c} Communications: specific charges for telephone, telegraph, or other communications services; (d) Employee salaries and benefi#s (only if included in the original grant application for the Project and only if documented by the Grantee to be specifically applicable to one or more items within the Approved Scope of Work); (e) Materials and supplies; {f) Procurement services: the cast of advertising, solicitation, processing, and administration of procurement contracts; {g) Reproduction: the cost of limited reproduction of reports, forms, and project documents; and (h) Travel: the costs of travel, lodging and subsistence at rates not exceeding commercial coach fares or current mileage anal per diem rates allowed by the State (allowable only if costs of travel and related expenses have been approved by the Department in writing before they are incurred}. b. Non-aifowable Project Costs. Costs not allowable for expenditure of grant funds shall include: (1} Project costs incurred outside the project period; (2) Costs of goods and services not procured in accordance with required procurement procedures; (3) .Costs incurred by the Grantee o#her than those specified' in the Approved Scope of Worts in Section I. of the Grant Award Agreement, or not directly related to the project; (4) Casts incurred by the Grantee for paving, parking, sidewalks, site lighting, site utilities, landscaping and other site development unless specifrcally indicated in the Approved Scope of Work; and (5e) Indirect costs incurred for common or joint activities of the Grantee. l3 2. Documentation of Expenditures. Each quarterly Project Progress and Expenditure Report and the Final Project Progress and Expenditure Report must include documentation of payment. for each cash expenditure claimed during the reporting period. a. Grantees shall provide a detailed listing of each expenditure in the Cash Expenditure section of these reports, which shall contain the following information: (1) Check number; or if a cash payment, a copy of the paid receipt must be submitted; (2) Check date or date of cash expenditure; expenditures overlapping the grant period must be prorated; (3} The name of the payee or vendor for each expenditure paid by cash or check; (4) The expenditure amount; (5) The Approved Scope of Work category to which the goods or services contribute (see Section 1. of the Grant Award Agreement); and (6) The purpose of each expenditure; stated clearly and in sufficient detail for the Department to determine if the expenditure is allowable. b. The Grantee shall provide the following documentation of payment of expenditures fisted in the Cash Expenditure section of the quarterly Project Progress and Expenditure Report and the Final Project Progress and Expenditure Report: (1) Copies of contractors' invoices itemizing the materials delivered, services rendered, work 'items :completed, and the following- forms of proof of payment by the Grantee: (a) Copies of signed and dated receipts from the~cantractorslsuppliers showing the date payments were received- and the amounts received; and (b} Copies of the front and back of the canceled checks OR (c) In cases when receipts and cancel checks cannot be provided, alternative documentation of proof of payment shall be provided as determined acceptable by the Department. Examples include: purchase orders, vendor Logs, payment ledgers, etc. (2) For authorized employee salaries {see {1){c) iii. above} the following expenditure documentation is required: (a} A copy of the log indicating the dates and hours devoted to authorized project work signed by both the employee and his or her supervisor or the designated Project Manager; and {b) Copies of payroll registers for ail pay periods claimed for each employee or the front and back of canceled checks for all pay periods claimed for each employee. 3. Additional Documentation to be Included in Project Progress. and Expenditure Reports. In addition to expenditure documentation indicated in i3.2. above, each quarterly Project Progress and >;xpenditure Report shall include: a. A brief description of work accomplished in the previous three months; 14 b. A description of any unusual problems or conditions encountered or any unusual me#hods, materials, ar techniques employed; c. Copies of required documents (contracts, press releases, etc.) as applicable; and d. For construction projects, photographic documentation of construe#ion work in-progress or completed work shall be included. 4. Final Project Progress and expenditure Report. To be submit#ed within 3D days following completion of all projects In addition to the documentation indicated in B.2. and B.3. above, this report shall also include: a. A description and explanation of any variations between the planned project work and that actually accomplished; b. A description and explanation of any significant differences between the planned project budget and the actual project costs; c. Final products as specified in the Approved Scope of Work (Section I of the Historic Preservation Grant Award Agreement; _ d. Photographic documentation of completed construction work; and e. Required audit documents. C. Rirports Required for Survey Projects. !n addition to the Project Progress & Expenditure Reports :described in Section E3: above, .the following reports and forms are required for historic and archaeological survey projects: Draft Survey Report. The Grantee shall submit a Draft Survey Report to the Department's Grants Section no later than sixty (60) days prior to the end of the grant period. a. The Grants Section shall review al! Draft Survey Reports for compliance .with the Archaeological and Historical Report Standards and Guidelines, Chapter 1A-~46, Florida Adminisfrative .Code, and. transmit the results of the review to the Grantee. The Grantee shall ensure that necessary revisions identified in the Grants Section review are incorporated into the Final Survey Report. b. The Draft Survey Report is to be organized by and shall include al! applicable items on the 1A-46 checklist (see a. above). A signed and checked copy of the checklist must accompany the Draft Survey Report. The checklist will-form the basis for Department review of the draft. c. The Draft Survey Report submission must include five "sample" Florida Master Site File forms, each accompanied by a street map, a USGS map and printout of a digital photograph. d. During the fi0 days following submission of the Draft Survey Report, submission of additional drafts or revisions may be required to secure Department approval far submission of the Final Survey Report, which will be due no later than 30 days following the end of the grant period. e. Clearance for submission of the Final Survey Report will be granted no later than the ending date of the grant period. 15 2. Final Survey Report. The Grantee shall submit a Final Survey Report to the Department`s Grants Section no later than thirty (30) days following the end of the grant period. After review. for completeness and sufficiency, the Grants Section shall forward the Final Survey Report to the Florida Master Site File. a. Survey Log Sheet. The Grantee shall obtain the most recent version of the Survey Log Sheet by contacting the Florida Master Site File, to be completed and submitted to the Department's Grants Section with the' Final Survey Report. Florida Master Site File forms. If standing structures are recorded, a Historical Structure Form must be completed for each structure. I# archeological sites are retarded, an Archaeological Site Form must be completed for each site. Separate forms for Historical Cemeteries, Historical Bridges, Underwater Archeological Sites and Shipwrecks are also available and must be completed if-such resources are investigated. The Grantee shall obtain the most recent version of these #orms by contacting the Florida Master Site File. All completed Florida Master Site File Forms shall be submitted to the Department`s Grants Section with the Final Survey Report. After review for completeness and sufficiency, the Grants Section shall forward the completed forms to the Florida Master Site File. D. Reports Required for Preservation Planning Projects. In addition to the Project Progress & Expenditure Reports described in Section B. above, a draft of the final product will be submitted to the Department no later than sixty days (60) prior to the end of the grant period. Based on Department review of-the- draft{s), supplemental reports or drafts of the finial product may be required to be submitted for preservation planning projects depending on the nature and scope of the individual project. E. Submissions Required for Architectural Planning Projects. In addition to the Project Progress and Expenditure Reports described in Section B. above, in accordance-with Section 2&7.0310}(i), Florida Sfatutes, the Grantee shall provide the Department an opportunity to review and approve architectural documents for the Project at the following points in their development: a. Upon completion of schematic design; b. Upon completion of design development and outline specifications; and c. Upon- completion of working drawings artd specifications, prior to execution of the construction contract. F.. Reports Required for Community Education Projects. In addition to the Progress & Expenditure Reports described in Section B. above, a draft of the finial product shall be submitted to the Department no dater than sixty days (60) prior to the end of the grant period. Based on Department review of the draft, supplemental reports or drafts of-the finial product may be required to be submitted for community education projects depending on the nature and scope of the individual project. 16 Historic Preservation Grant Award Agreement Attachment A General and Special Conditions Governing Non-Matching Grants and Administrative Instructions for Historic Preservation Project Accountability Grant No. S0906 Delray Beach Historic District Markers Project I have read, understand, and recognize that Attachment A is a legally bind'mg part of my Grant Award Agreement and that its provisions shall be enforced. Signature of Authorized Official Typed or Prin#ed Name of Authorized Official Typed or Printed Title of Authorized Official uate Signature of Project Manager Typed or Printed Name of Project Manager ~ yped or Printed Title of Project Manager Date Please si nand return this a e with our si ned Grant Award A reement. State of Florida Department of State Division of Historical Resources July 2Q48 ATTAC~IlVIENT S 50906 FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S., monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by OMB. Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. Ln the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,.as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single orprogram-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. 1/X~IIBIT 1 to this agreement indicates Federal resources awarded through the Department of State by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sotu'ces of Federal awards, including Federal resources received from the Departriient of State. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. bn connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the zequirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 iui Federal awards in its fiscal year. and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources {i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The Internet web addresses listed below will assist recipients in locating documents referenced in the tent of this agreement and the interpretation of compliance Issues. State of Florida. Department Financial Services {Chief Financial Officer) http:l/www. fldfs. coxnl Federal Office of Management and Budget Circulars Index h :/lwww.whitehouse. ov/omb/ ants/index.html -circulars Governor's Office Initiatives, Florida Single Audit Act h ://www.m flarida.comlm florida! overnmentl overnorinitiativeslfsaa/ State of Florida Legislature {Statutes, Legislation relating to the Florida Single Audit Act) httpalwww.legstate.fl;usl PART II: STATE FETNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1}, Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $504,000 in any fiscal. year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable roles of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state .financial assistance received from the Department of State, other-state agencies, and other nonstate entities. State financial assistance dpes not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requiarements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97{7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 2I5.97(2)(d}, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 {nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000. in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entitiesj. 2 PART III: REPORT SUBMISSION ] . Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the. recipient directly to each of the following: A. The Department of State at each of the following addresses: Oi~ce of Inspector General Florida Department of State Clifton Building, Suite 320 2561 Executive Center Circle Tallahassee, FL 32301 B. The Federal Audit Clearinghouse designated in QMB Circular A-133, as revised (the number of copies required by Sections-.320 (d}(l) and {2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10`~ Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-.hrough entities in accordance with Sections .320 (e) and (f}, OMB Circular A- 133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-i33, as revised, is not required to be submitted to the Department of State for the reasons pursuant to Section .320 (e}{2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of fire recipient's audited schedule of expenditures of Federal awards directly to each of the following: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32301 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32301 3 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of State for audits done ha accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities} or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION . 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department of State. EXIIIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable. STATE RESOURCES AWARDED TO THE RECIIIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable. SUBJECT TO SECTION 215.97. FLORIDA STATUTES: Florlda Department of State Historic Preservation Grants, CSFA Number 45.031$4,750.00 (four thousand seven hundred fifty dollars). 4 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THI5 AGREEMENT AREAS FOLLOWS: As contained in the Compliance Supplement to CSFA Number 45.031. The Grantee has read this Addendum to the Grant Award Agreement and has affixed their signature: CITY OF DELRA.Y BEACH Signature of Authorized Off cial Typed Name and Title of Authorized Official MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: DAVID HARDEN, CITY MANAGER DATE: August 27, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 SERVICE AUTHORIZATION 4.0/COASTAL PLANNING AND ENGINEERING INC. ITEM BEFORE COMMISSION The item before Commission is a proposal for engineering services associated with analysis of off shore and upland beach profiles and the creation of an engineering evaluation report. This task is required as a specific condition of the Florida Department of Environmental Protection (FDEP) permit for the 2005 beach renourishment project. BACKGROUND The attached scope of work outlines the personnel that will be utilized for this task and estimated hours and related fee schedules. The task is explained in detail in the attached correspondence from Coastal Planning and Engineering, Inc. The proposed fee for this task is not to exceed $46,690.00. FUNDING SOURCE Funds for this item are available in the Beach Restoration Fund. This task is 100% reimbursable from Federal, State, and County funding sources. RECOMMENDATION By motion, approve a Service Authorization 4.0 for Coastal Planning & Engineering, Inc. to proceed with the three year post construction physical monitoring task. COASTAL PLANNING & ENGINEERING, INC. 24$'! NW BOLA RATON BOULEVARD, BOLA RATON, FL 33431 561-391-8102 PHONE 561-391-9116 FAX INTERNET: f~t#p:l/www.coastalpiannina.net e-mail: rttail aC~coastalnlannina.net August 15, 2008 Paul Dorling, AICP Director of Planning and Zoning City of Delray Beach 100 Northwest 1St Avenue Delray Beach, FL 33444 ~~~r~~. ~ ,. 6 , ~u -~ ~t~ `~ ~, l~ AUG ~ 9 20~i8 II 1 ~~-.------~....~ PLAfv~~NG & ZOi~l~G Re: City of Delray Beach 2005 Hurricane Beach Repair Project; Proposal for the 2008 Three-Year Post-Construction Beach and Offshore Monitoring Survey wi#h Beach Performance Monitoring Report Dear Mr. Dorling: Please accept this coastal engineering services proposal for the 2008 three-year post-construction beach and offshore monitoring survey and beach performance monitoring report for the 2005 Delray Beach Hurricane Damage Beach Repair Project, as required by the FIorida Department of Environmental Protection (FDEP) permit. The FDEP Permit Na. 0178582-001-3C, Specific Condition No, 3 (Monitoring Required), requires topographic and hydrographic surveys of the beach, dune and offshore area. Coastal Planning & Engineering, Inc. (CPE) will conduct both the onshore and offshore portions of the beach monitoring surveys to provide data for development of the engineering evaluation and beach performance report far the beach renourishment project. The proposed beach monitoring report will provide the engineering evaluation to assess the beach performance and comply with the State of Florida requirements, as follows: SCOPE OF SERVICES: A. Beach and Offshore Monitorin Surve CPE will conduct beach profile cross-sections on eighteen (18) FDEP beach monument profile lines {R-175 to R-192). The onshore or beach prof 1e portion of the survey will camrnence at the monument and extended seaward to a point overlapping the nearshore component of the hydrographic survey. Cross-sections of the beach in the project area will be surveyed using RTK GPS rovers and differential leveling techniques. Extended Rod RTK GPS Rovers will be used to extend the 2008 Three-Year Post-Construction Beach and Offshore Monitoring Survey August 15, 2008 Page 2 RTK GPS survey capability into the nearshore. The current system allows surveyors to collect the entire beach profile with RTK GPS technology. Profiles will commence from the onshore monument and extend seaward overlapping the offshore data. Incorporation of RTK GPS into monitoring surveys greatly reduces the potential for human error during data collection and reduction. Further, RTK GPS provides centimeter accurate elevations with true horizontal positioning to the survey data point. Differential leveling techniques will be used in upland areas which are inaccessible to RTK GPS system. .Leveling techniques will use an automatic level, twenty-five (25} foot fiberglass survey rod, and a laser range finder with prism. Elevations will be taken at approximately twenty-five (25) foot intervals along each profile line and at all grade breaks. Nearshore profiles will extend seaward of the monuments beyond the depth of closure. The landward limits of the nearshore profiles will be based an a minimum overlap of fifty {50) feet beyond the seaward extent of the nearshore beach profiles. Soundings will be collected at a minimum of twenty-five (25) foot intervals, sufficient to provide an accurate depiction of the seafloor. The nearshore survey will be conducted using an Odom Hydratrac survey grade sounder with digitizer an CPE's 24-foot Privateer survey vessel with a centrally located hull- mounted transducer. A Trimble Real Time Kinematic {RTK GPS) system and a TSS dynamic motion compensator will be used on board the survey vessel to provide instantaneous tide corrections as well as heave, pitch, and roll corrections. As a quality control measure, manual tide readings are also taken while conducting the profile surveys. In order to maintain the vessel navigation along the profile lines HYPACK navigation system will be used. This software provides horizontal positioning to the sounding data allowing real-time review of the profile data in plan view or cross section format. It also provides navigation to the helm to control the deviation from the online azimuth. Horizontal and vertical positioning checks will be conducted at the beginning and end of each day using 2"~ order FDEP "A" monuments located in the project area. The sounder will be calibrated via bar-checks and a sound velocity probe at the beginning and end of the day. The DIGIBAR PRO sound velocity meter offers a fast additional calibration for sound velocity as compared to the traditional bar-check. Bar-checks will be performed from a depth of five feet to a minimum depth of twenty-five feet. Analog data showing the results of the bar check calibration will be displayed an the fathometer charts at five foot increments during descent and ascent of the bar. Upon completion of the monitoring survey all FDEP profile lines survey data and survey control information will be submitted to the FDEP in accordance with the March 2004 BBCS Monitoring Standards for Beach Erosion Control Project,. Section 0100 -Beach Profile Topographic Survey and Section 01100- Offshore Profile Surveying. CDASTAL PLANNING Se ENGINEEF2ING, INC. 2008 Three-Year Post-Construction Beach and Offshore Monitoring Survey August 15, 2008 Page 3 B. Enaineerin~ Evaluation Report: After acquisition and analysis of both sets (onshore and offshore) of the three-year post- construction survey data, a report will be prepared and submitted to the FDEP. The report will include comparison of the mast recent data with historical data to allow assessment of the performance of the beach project. The report will summarize the performance of the beach fill project and identify erosion and accretion patterns within the project limits and along the adjacent shorelines. In summary, the services provided by this proposal include acquisition, review and evaluation of the three-year post-construction physical monitoring survey data, collection of aerial photographs, and development of the three-year past-construction engineering report. A detailed cost estimate spreadsheet, which delineates labor, equipment and direct costs associated with each activity, have been included with this Scope of Services. The fee to provide the services contained in this proposal is $46,690. If you: should have any questions, please call me or Tom Pierro. Sincerely, CO TAL PLANNING & EERING, INC. ,~ a `~ Richard H. Spadani Senior Vice President cc: Scott Pape, City of Delray Beach Tom Pierro, P.E., CPE Jeffrey Andrews, PSM, CIH, CPE Jim Taylor, CPE Mike Lowiec, CPE Ilcpe-mainlAppslMarketingl_ProposalslPalm BeachlDelray Beach12008 Monitoring Survey Proposal.doc COASTAL PLANNING $e ENGINEERING, 1NC. CITY OF DELRAY BRACH, FLORIDA 2005 DELRAY BEACH HURRICANE REPAIR PRO.tECT 2008 TWREE-YEAR POST-CONSTRUCTION BEACH AND OFFSHORE MONITORING SURVEY August 95, 2008 PREPARED BY: ~flA~rtAL. R~,ANNINti $ ENC3IN~~RINt3, INC. CITY OF DELRAY BEACH, FLORIDA 2005 DELRAY BEACH HURRICANE REPAIR PROJECT 2008 THREE-YEAR POST-CONSTRUCTION BEACH AND OFFSHORE MONITORING SURVEY LABOR, EQUIPMENT & DIRECT COST RATES PREPARED BY: COASTAL PLANNING & ENGINEERING, INC. 2008 Ratea _.. iL.A . ~ iRp H U» Princi al En ineer $215.00 Pro'ect Mana er $175.00 QAlQC Technical Reviewer $145.00 Senior Coastal En ineer $145.00 Coastal En ineer $115.00 Professional Surve or & Ma er $145.00 Certified H dro ra hic Surve or $145.00 Pro'ect Surve or $100.00 Surve Tech 2 $78.00 Surve or $90.00 CAD O erator $85.00 Clerical $68.00 EQUlF~M : N'F RA~1~3 {CIAILY) Survey Boat 24' $790.00 Sounder $165.00 Heave, Pitch, Roll Compensator $215.00 Speed of Sound meter $63.00 Hypack Navigation System $260.00 !.Duel $65.00 RTK $495.00 John Deer Gator $105.00 Di ital Camera $10.00 It~IR CT CQ~7S Equipment & Insurance $75.00 Misc. Ex enses * 3.00 * -Miscellaneous expenses will be billed at cost. Miscellaneous expenses include field supplies, expendables, and related field equipment that will be purchased and utilized in 'the performance of these activities. Rates are used in the spreadsheet to determine contract value. v W a Q a W W Z 2 U a W m chi J W D O O N D O EL 2 a W m a J W O LI. O U W Z_ OC Z W N W LL z V w m z 0 F- V H N Z U °a } LEI W IY s- O 0 N v `n Mo ~ ~ ~' ~ o ~ N r ~} ~ o N ~H ~ ~ Il y {~ ~ ~ ~ F~ ~ ~ C~.3 W O ~ ~ a U o ~ ~. L4 f/! 0 Ca ~ c p ~ r* ~ M a vs ~ F- Z W h" ~ ~ W Z_ C7 O Z o ~ W ~ rn Z W c N ~ ~ g ~ w v a a ~, E" r N C'7 f+ W ~ ~ spa O ~ U ~ O W r s W ~ ~ ~ z z zo= v q +~ Q m C.1 N~ ,aa _ ~ Y o a~~` w o mac ~_ ~r6 U J o = W c U O N ~ o ~ N " ~ $ $ ~ ~" R R~ ~j r V $ $ ~a x 8 ~ s c 3 a$~ ~ S ~ NAS+ Qg qq d ~ O U N MK ~ q O $ S M m ~ ~~ ~~~ E o 6 '~~ ~ ~ _ p y F C d ~~ B u x a ~r w,r 3 ~ ~ ul $$ ~~~ .'~1 ~ ~ d g `.x V ~ m~0 ~ ~ ~ w n o~ m m w `~~° $ vj r . a. ry 0 ~ N d d S 8 ~ ~ w ~~ $ y ~$ 5 g ~. ~ e ~~ 4 N a $°a ~W~ M ~ ~ ~ ~+w$ cS ~ $ M $ ~ g 2 C ~ u5 aS M 3 6 4 $$ F a ~ a ~'.~ n ma m~5~ S z g ~ H~ ~~ x II~R~ Sg~ 000 ~U g OVUF~,V, 9 O~UF ~~ ~M J ~~` 9 ] *~O H ~ oz O w ~ ~ o O V VO O G w ° g~ o z ~ m a ,~ z ~ m ~ O K '~z O V o ul~ yu o r = ~ 4 ~a o ~ 2 w ° a c z - ~} a .wg ~~4 ~~ a ~ = Yp ~ T n ' ~ W ~ UJ 4 a~ F 0 0 o o ~{ c K r°da ~m mz ~ ~ `~ a w LLa z v c°i d ~ o ~ o a ~ ,~~ ge 70 n °a o. v . ~ n ~i 6o CONSULTING SERVICE AUTHORIZATION DATE: August 29, 2008 SERVICE AUTHORIZATION NO._4.0 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 332-4164-572-31.30 TITLE: 2008 - 3 year Post-Construction Beach and Offshore Monitoring Survey with Beach Performance Monitoring Report This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract between Coastal Planning & Engineering, Inc. and the City of Delray Beach dated June 1, 1987. The FDEP Permit No. 01 78582-001-JC, Specific Condition N0.3 (Monitoring Required), requires topographic and hydrographic surveys of the beach, dune and offshore area. Coastal Planning & Engineering, Inc. (CPE) will conduct both the onshore and offshore portions of the beach monitoring surveys to provide data for development of the engineering evaluation and beach performance report for the beach renourishment project. The proposed beach monitoring report will provide the engineering evaluation to assess the beach performance and comply with the State of Florida requirements, as follows: SCOPE OF SERVICES: A. Beach and Offshore Monitoring Survey: CPE will conduct beach profile cross-sections on eighteen (18) FDEP beach monument profile lines (R-175 to R-192). The onshore or beach profile portion of the survey will commence at the monument and extended seaward to a point overlapping the nearshore component of the hydrographic survey. Cross-sections of the beach in the project area will be surveyed using RTK GPS rovers and differential leveling techniques. Extended Rod RTK GPS Rovers will be used to extend the RTK GPS survey capability into the nearshore. The current system allows surveyors to collect the entire beach profile with RTK GPS technology. Profiles will commence from the onshore monument and extend seaward overlapping the offshore data. Incorporation of RTK GPS into monitoring surveys greatly reduces the potential for human error during data collection and reduction. Further, RTK GPS provides centimeter accurate elevations with true horizontal positioning to the survey data point. Differential leveling techniques will be used in upland areas which are inaccessible to RTK GPS system. Leveling techniques will use an automatic level, twenty-five (25) foot fiberglass survey rod, and a laser range finder with prism. Elevations will be taken at approximately twenty-five (25) foot intervals along each profile line and at all grade breaks. Nearshore profiles will extend seaward of the monuments beyond the depth of closure. The landward limits of the nearshore profiles will be based on a minimum overlap of fifty (50) feet beyond the seaward extent of the nearshore beach profiles. Soundings will be collected at a minimum of twenty-five (25) foot intervals, sufficient to provide an accurate depiction of the seafloor. The nearshore survey will be conducted using an Odom Hydrotrac survey grade sounder with digitizer on CPE's 24-foot Privateer survey vessel with a centrally located hullmounted transducer. A Trimble Real Time Kinematic (RTK GPS) system and a TSS dynamic motion compensator will be used on board the survey vessel to provide instantaneous tide corrections as well as heave, pitch, and roll corrections. As a quality control measure, manual tide readings are also taken while conducting the profile surveys. In order to maintain the vessel navigation along the profile lines HYP ACK navigation system will be used. This software provides horizontal positioning to the sounding data allowing real-time review of the profile data in plan view or cross section format. It also provides navigation to the helm to control the deviation from the online azimuth. Horizontal and vertical positioning checks will be conducted at the beginning and end of each day using 2nd order FDEP "A" monuments located in the project area. The sounder will be calibrated via bar-checks and a sound velocity probe at the beginning and end of the day. The DIGIBAR PRO sound velocity meter offers a fast additional calibration for sound velocity as compared to the traditional bar- check. Bar-checks will be performed from a depth of five feet to a minimum depth of twenty-five feet. Analog data showing the results of the bar check calibration will be displayed on the fathometer charts at five foot "increments during descent and ascent of the bar. Upon completion of the monitoring survey all FDEP profile lines survey data and survey control information will be submitted to the FDEP in accordance with the March 2004 BBCS Monitoring Standards for Beach Erosion Control Project, Section 0100 -Beach Profile Topographic Survey and Section 01100- Offshore Profile Surveying. B. Engineering Evaluation Report: After acquisition and analysis of both sets (onshore and offshore) of the three-year postconstruction survey data, a report will be prepared and submitted to the FDEP. The report will include comparison of the most recent data with historical data to allow assessment of the performance of the beach project. The report will summarize the performance of the beach fill project and identify erosion and accretion patterns within the project limits and along the adjacent shorelines. In summary, the services provided by this proposal include acquisition, review and evaluation of the three-year post-construction physical monitoring survey data, collection of aerial photographs, and development of the three-year post- construction engineering report. A detailed cost estimate spreadsheet, which delineates labor, equipment and direct costs associated with each activity, have been included with this Scope of Services. BUDGET: The fee to provide the services contained in this proposal is $46,690. COMPLETION DATE: Twelve months after approval. Approved by: CITY OF DELRAY BEACH: COASTAL PLANNING & ENGINEERING, INC Date: Date: By: Mayor Witness Witness Attest: Approved as to Legal Sufficiency and Form BEFORE ME, the foregoing instrument, This day of , 2008 was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of , 2008. Notary Public State of Florida My Commission Expires: MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: DAVID HARDEN, CITY MANAGER DATE: August 27, 2008 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 RESOLUTION N0.37-08 ITEM BEFORE COMMISSION The item before Commission is consideration of Resolution No. 37-08 providing support for the City's beach renourishment project and a funding commitment to provide for the local match through an Interlocal Agreement with Palm Beach County. BACKGROUND The Florida Department of Environmental Protection (FDEP) is undergoing its annual update of the Florida Beach Management Program Long-Range Budget Plan and developing a prioritized list of State Beach Erosion Control Projects. The culmination of this process is the preparation and submittal of the Department's Fixed Capital Outlay, containing Local Government Funding requests to establish State funding priorities for FY2009-10. We are in the process of preparing the detail project descriptions and cost estimates for the ongoing Delray Beach Renourishment Project. Along with this information the FDEP requires a resolution of support and acknowledgment of funding commitment for the local share. The attached resolution meets this requirement. RECOMMENDATION By motion, approve the resolution of support for the Delray Beach Renourishment Project. RESOLUTION NO.37-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA PROVIDING IT'S SUPPORT FOR THE CITY OF DELRAY BEACH RENOURISHMENT PROJECT AND ITS ONGOING FUNDING COMMITMENT TO PROVIDE FOR THE LOCAL MATCH. WHEREAS, America s beaches provide vital economic, recreational, storm damage reduction, and environmental benefits to the Nation; and WHEREAS, nearly sixty percent of all Americans live within 50 miles of the Atlantic and Pacific Oceans, the Gulf of Mexico, and the five Great Lakes; and WHEREAS, the Nation s beaches are the leading tourist destination for millions of domestic and foreign visitors, providing jobs and business profits which in turn produce billions of dollars of tax revenues for federal, state and local govemmealts; and WHEREAS, the City Commission of the City of Delray Beach continues to support the City of Delray Beach's renourishment project regarding its beaches; and WHEREAS, the City of Delray Beach has the ability to provide the necessary local match through an interlocal agreement with Palm Beach County. NOW THEREFORE, SE IT RESOLVED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the City of Delray Beach is providing its support for the City of Delray Beach renourishment project and affirms it's ability to provide the necessary local match for its funding request through an interlocal agreement with Palm Beach County. PASSED AND ADOPTED this dayof 2008. MAYOR ATTEST: City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: August 26, 2008 SUBJECT: AGENDA ITEM 8.,T. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 INTERNSHIPS/ASSIST IN POPULATING INTERNATIONAL COUNCIL LOCAL ENVIRONMENTAL INITIATIVE (ICLEI) DATABASE ITEM BEFORE COMMISSION Request Commissison approval to secure one or two interns to assist in the populating of the ICLEI database which will be used as the City's baseline when forcasting projected greenhouse gas emission reduction. There is no cost to the city to secure the intern(s) since they will be recieving college credit. BACKGROUND The City recently joined the International Council for Local Environmental Initiatives (ICLEI) and as a result now has access to a software product to help state and local governments develop harmonized strategies to reduce both greenhouse gas and air pollution emissions. This one-stop emissions management tool tracks emissions and reductions of greenhouse gases (carbon dioxide, methane, nitrous oxide) and criteria air pollutants (NOx, SOx, carbon monoxide, volatile organic compounds, PMio) associated with electricity and fuel use and waste disposal. This tool will help the city: -Create emissions inventories for the community as a whole or for the government's internal operations. -Quantify the effect of existing and proposed emissions reduction measures. -Predict future emissions levels. -Set reduction targets and track progress towards meeting those goals. The Clean Air and Climate Protection Software is designed to: -Track emissions on either a supply or demand side basis. -Build emissions scenarios for use in the planning process. -Create a full emissions reduction plan. The software contains thousands of emission factors that are used to calculate emissions based on simple fuel and energy use data, or by using information on waste disposal. Advanced users will appreciate the flexibility of being able to enter data in a number of different forms, utilize information collected through other inventory tools, customize emission coefficients, and create new fuel and vehicle types. The first step is to populate the database to create a baseline. It is being proposed to utilize interns to complete this task. 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' - ~ O . 2 J J J ~ J t - } ~ J } J r_ _ J` _^ ~ ~ - ~. - _ ~ ~ ~~ ,~ x -~ ., w } ~ = - : z ,; . . CQ ~ ~ ~ ~ ~ ~ -o on ' ~, ~ ~o t ~ ~ ~~ ~ ~ e c ~ ~ Q ~ ~ ' " w, ~ ~ " ~ ~ ~ w ~ `~ `~ ~. ~ CC ~ !' ~ .~ O MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Susan Ruby, City Attorney DATE: August 20, 2008 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 AGREEMENT/POMPEY PARK BOOSTER CLUB, INC./AUTHORIZATION TO APPLY FOR 501(C)(3) STATUS ITEM BEFORE COMMISSION Agreement between the City of Delray Beach and The Pompey Park Booster Club, Inc. and authorization to apply for 501(c)(3) status on behalf of the Pompey Park Booster Club. BACKGROUND The proposed Agreement provides that the City and the Pompey Park Booster Club shall work together to support and organize Pompey Park Sports Programs. The Booster Club will fundraise and provide concessions at games as well as an end of the season trip and awards banquet, while City will select volunteer coaches, provide equipment, location for all practices and home games, schedule games, provide league fees, official fees, transportation, and secondary insurance as necessary. The Booster Club has been incorporated at the state level but has not yet applied for 501(c)(3) status. If you approve the attached Agreement, the City Attorney's Office would like authorization to assist the Booster Club in the 501(c)(3) application process with the IRS. The Agreement shall be for one (1) year in duration, commencing on October 1, 2008 and ending on September 30, 2009, with the option to extend for two (2) additional one (1) year terms upon consent of both parties in writing. The Agreement provides that the City will have the right to audit the Booster Club at any time and the Booster Club shall be required to provide a monthly report to the City showing all monies collected. RECOMMENDATION The City Attorney's Office recommends approval. AGREEMENT THIS AGREEMENT made and entered into this day of , 2008, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City"), and THE POMPEY PARK BOOSTER CLUB, INC. (hereinafter referred to as "Booster") WITNESSETH: WHEREAS, City and Booster desire to work together to organize and support the Pompey Park Sports Programs; and WHEREAS, Booster will fundraise and provide concessions at games and provide an end-of-the-season trip and awards banquet; and WHEREAS, City will select volunteer coaches, provide all equipment and provide location for practice and home games, schedule all games, provide scholarships, pay for all league fees, official fees for games and secondary insurance as required, provide transportation to and from games and ensure that a signed consent waiver is obtained for each participant, as well as perform background checks on all coaches, volunteers, and Booster Chaperones. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: Section 1. Term. This Agreement shall begin on October 1, 2008 and terminate on September 30, 2009. Each party may extend this Agreement for two (2) additional one (1) year terms by mutual agreement in writing. Section 2. Responsibilities of City. City shall provide the following: a. All equipment and uniforms. b. Selection of all volunteer coaches and assistants. c. Scheduling of all games. d. Scholarships for need-based students. e. Advertising for team membership. f. Background checks of all coaches, volunteers, and chaperones. g. Payment of all league fees and official fees for games. h. Secondary liability insurance as necessary. i. Transportation to and from games. j. Ensure that a signed consent waiver is obtained for each participant. Section 3. Responsibilities of Booster. Booster shall provide: a. Food and refreshments/concessions during the games. b. Concession stand volunteers. c. Fundraising for end-of-season trip, including costs of lodging, transportation, and food, training clinics and camps, equipment, supplies, and scholarships. d. Annual awards banquet and trophies/prizes for all teams. e. List of chaperones for end-of-season trip to be decided ultimately by City after background check of applicants completed. 2 Section 4. Payment/Profits. The parties agree that payment shall be as follows: a. All profits from concession sales shall go to the Booster Club for the end-of-season trip/awards banquet. Section 5. Non-Discrimination. Booster shall not for themselves, their personal representatives, successors and interests, assigns, subcontractors, and sub- lessees, as a part of the consideration hereof, do hereby covenant and agree that: a. No person on the ground of race, color, national origin, age, sex, religion, marital status, ancestry, or disability shall be excluded from participation, or in membership, denied the benefits of, or be otherwise subjected to discrimination in the participation of the Pompey Parks Programs and the Pompey Park Booster Club. b. Booster shall comply with all other requirements imposed or pursuant to Title 45, Code of Federal Regulations, Article 80, Non-discrimination under programs receiving federal assistance through the Department of Health, Education and Welfare/Effectuation of Title 6 of the Civil Rights Act of 1964, and as said regulations may be amended. In the event of a proven breach of any of the above non-discrimination covenants, the City shall have the right to terminate this Agreement. Section 6. Cancellation by the City. The occurrence of any of the following may cause this Agreement to be automatically terminated: 3 a. City reserves the right to terminate this Agreement for any reason or no reason upon thirty (30) calendar day's written notice by United States Mail to Booster. Upon termination or if Booster ceases to exist, all monies collected by Booster for Pompey Park's Programs shall be distributed to the City for the benefit of Pompey Park's Programs. Section 7. Notices. All notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager City of Delray Beach 100 N.W. 1St Avenue Delray Beach, FL 33444 To Booster: Mark Roseme, President 2700 Fiore Way, #203 Delray Beach, FL 33445 or to such other addresses as each party may designate in writing. Section 8. Interpretation. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties. This Agreement may be amended only by written document, properly authorized, executed and delivered to both parties. This Agreement shall be interpreted as a whole unit and section heading are for convenience only. All interpretations shall be governed by the laws of the State of Florida. Waiver or any breach shall not constitute a waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire agreement. 4 Section 9. Independent Contractor/Indemnity. It is understood and agreed that Booster is anot-for-profit organization comprised of volunteers that are not agents, servants, or employees of City. To the extent permitted by law and without waiving the right to sovereign immunity as provide by Section 768.28, Florida Statutes, in the event a claim or lawsuit is brought against City or any of its officers, agents or employees, Booster shall indemnify, save and hold harmless and defend the City, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type arising out of or relating to any action or omission of Booster, its agents, servants and/or employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. Section 10. Compliance with Laws. Booster shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Delray Beach and of any other public authority which may be applicable. Section 11. Monthly Report and Audit. Booster shall provide a monthly report to City illustrating all monies collected for the prior month for the Pompey Parks Programs and all sources from which the money came as well as a ledger of all monies spent for the month. The City reserves the right to audit Booster at any time. Section 12. Governing Law and Venue. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 5 Section 13. Entire Agreement. This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by all parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver of relinquishment for the future of any covenant, term, condition or election by the same shall continue and remain in full force and effect. Section 14. Severability. Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the state, the validity of the remaining portions or provisions shall not be affected thereby. Section 15. No Representations by City. Neither the City nor the City's officers, agents and/or employees have made any representations or promises except as expressly set forth in this Agreement. Section 16. Assignment of Agreement. Booster shall not assign or transfer this Agreement nor otherwise convey any privilege granted hereunder unless the written consent of the City is first obtained. Such consent shall not be unreasonably withheld. Neither this Agreement nor any right, privilege or interest therein or thereunder shall be transferable by operation of the law or by any process or proceeding of any court. 6 IN WITNESS WHEREOF, the parties have caused this Agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. WITNESS: (Print or Type Name) THE POMPEY PARK BOOSTER CLUB, INC. By: Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 2008, by of corporation), a corporation, on behalf of the corporation personally known to me or has produced identification. Signature of Notary Public ATTEST: (name of He/She is as CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to Form: City Attorney day of as Rita Ellis, Mayor 7 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: August 26, 2008 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DROWNING PREVENTION COALITION'S (DPCI ITEM BEFORE COMMISSION Request approval to renew the Interlocal Agreement with Palm Beach County for reimbursement of swimming lessons not to exceed $50.00 per class. BACKGROUND The County through its Drowning Prevention Coalition's ("DPC") Learn to Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at Pompey Park Pool and Delray Swim and Tennis. This is the third year the City of Delray Beach has entered into an agreement with Palm Beach County to provide swimming lesson classes. RECOMMENDATION Parks and Recreation Department recommends approval of the Interlocal Agreement with Drowning Prevention Coalition's Learn to Swim Program for reimbursement of swimming lessons not to exceed $50.00 per class. INTERLOCAL AGREEMENT FOR SWIMMING LESSONS This Agreement is made as of the _ day of , 200, by and between Palm Beach County, a Political Subdivision of the State of Florida, by and thraugh its Board of Commissioners, hereinafter referred to as the COUNTY, -and the City of Delray Beach, a Florida municipal corporation located in Palm Beach County, Flarida.(hereinafterreferred to as "MUNICIPALITY"}. WHEREAS, COUNTY, thraugh its Drowning Prevention Coalition's {"DPC"} Learn to Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at designated aquatic facilities within Palm Beach County; and WHEREAS, the parties desire to enter into this Agreement far MUNICIPALITY to provide swimming lessons as part of the DPC Learn to Swim Program, and to define the parties' responsibilities relating thereto. WHEREAS, Seetian 1b3.0I, Florida Statutes, known as the "Florida Interlacal Cooperation Act of l 969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities an a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the COUNTY and the MUNICIPALITY agree as follows: ARTICLE 1 -SERVICES MUNICIPALITY shall offer and provide swimming lesson classes to individuals who present vouchers issued by the DPC Learn to Swim Program. Each class to be offered and provided shall consist of a series of at least six swimming lessons and shall be identified in Exhibit A, attached hereto and incorporated herein. Exhibit A shall set forth the name, type, swimming level, dates, location, minimum participation requirements, if any, and MUNICIPALITY'S usual and customary fee for each class. MUNICIPALITY shall not charge voucher holders far any swim class far which MUNICIPALITY'S usual and customary fee is $SD.00 or less. If MUNICIPALITY'S usual and customary fee for a swim class is mare than $50.00, then the maximum fee that MUNICIPALITY may charge voucher holders for said class is its usual and customary fee minus $50.00. Said classes may be open to the public and are not restricted to voucher holders. The swimming lesson classes shall be provided at MUNICIPALITY'S aquatic facility. MUNICIPALITY agrees to provide and maintain-its facility in a safe, clean and hygienic manner and in accordance with all safety and health standards and all other applicable laws and regulations. MUNICIPALITY agrees to provide and maintain in proper working order all equipment necessary to provide and maintain the services and facility as provided herein.. MUNICIPALITY represents and i warrants that its aquatic facility is in compliance, and shall continue to be in compliance, with Section 514,031, Florida Statutes, all applicable rules and requirements of the State and County Health Departments, and all other applicable laws, rules and regulations. Prior to execution of this Agreement, MUNICIPALITY must provide to COUNTY copies of the facility's current operating permit and most current inspection report, which must evidence a satisfactory inspection. MUNICIPALITY shall perform the services set forth herein in accoxdance with all applicable laws, rules and regulations, and in a competent, professional, safe and responsible manner with full regard far the safety of the participants. MUNICIPALITY agrees and warrants that all swimming instructors utilized by MUNICIPALITY to provide lessons hereunder shall be certified as required by Section 514.071, Florida Statutes, and any other applicable laws, rules and regulations. MUNICIPALITY shall provide proof of such certifications to COUNTY'S representative upon request. MUNICIPALITY represents and warrants that ii has in place, and shall continue to maintain, adrug-free workplace policy. ARTICLE 2 -- COMMENCEMENT AND TERM This Agreement shall commence an October l , 2008 and shall remain in effect until September 30, 2009. ARTICLE 3 - PAYMENTS TO MUNICIPALITY A, Far swimming classes provided by MUNICIPALITY in exchange far DPC Learn to Swim Program vouchers, COUNTY shall pay MUNICIPALITY its usual and customary fee per class as set Earth in Exhibit A hereto, up to a maximum of $50.00 per class series provided to a voucher holder. As provided in Resolution No. R-2005-1900, the total payments to all swimming lesson providers utilized in the DPC Learn to Swim Program far each fiscal year shall not exceed the amount budgeted by COUNTY for this purpose far said fiscal year. B. MUNICIPALITY shall invoice COUNTY monthly based on the number of swimming lesson classes provided hereunder. Invoices shall include a list of the names and contact information of students to whom lessons were actually provided, the Warne, dates, and times of the classes provided, and any other documentation deemed necessary by COUNTY to verify that services have been rendered in conformity with this Agreement and any applicable DPC Learn to Swim Program criteria, policies and procedures. ARTICLE 4 -TERMINATION The COCINTY may terminate -this Agreement at any time upon written notice to the MUNICIPALITY with or without cause and without penalty, damages ar recourse against COUNTY. MUNICIPALITY may terminate this Agreeaix3ent upon thirty days (30}days` prior written notice to the COUNTY. 2 ARTICLE 5 -PERSONNEL The MUNICIPALITY represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the COUNTY. All of the services required hereunder shall be performed by the MUNICIPALITY or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized and permitted under state and local law to perform such services. The MUNICIPALITY warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. ARTICLE 6 -SUBCONTRACTING MUNICIPALITY may not, without written approval of COUNTY, subcontract any rights, responsibilities or obligations under this Agreement. ARTICLE 7 - AVAILABILITY OF FUNDS The COUNTY'S performance under this Agreement for subsequent fiscal years is contingent upon annual appropriations for its purpose by the Board of County Commissioners and subject to the provisions of Palm Beach County Resolution No. R-2005-1906. The MUNICIPALITY'S performance under this Agreement for subsequent fiscal years is contingent upon annual appropriations for its purpose by its governing body. ARTICLE 8 -INSURANCE Without waiving the right to sovereign immunity as provided by s.768.28 fs., MUNICIPALITY acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event MUNICIPALITY maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self insurance under s.7b$.28 f. s, MUNICIPALITY shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit fox bodily injury or property damage. MUNICIPALITY agrees to maintain or to be sel£ insured for Worker's Compensation & Employer's Liability insurance in accordance with Chapter 440, Florida Statutes. When requested, MUNICIPALITY shall agree to provide an affidavit ar Certificate of Insurance 3 evidencing insurance, self-insurance and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable far the above mentioned coverages. Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and obligations under this Agreement. ARTICLE 9 -INDEMNIFICATION Each party shall be liable for its own actions and negligence and, to the extent permitted by law, COUNTY shall indemnify, defend and hold harmless MUNICIPALITY against any actions, claims or damages arising out of COUNTY'S negligence in connection with this Agreement, and MUNICIPALITY shall indemnify, defend and hold harmless COUNTY against any actions, claiaxas, or damages arising out of MUNICIPALITY' S negligence in connection with this Agreement, The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful ar intentional acts or omissions. ARTICLE IO -SUCCESSORS AND ASSIGNS Neither party shall assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement to any other entity without the prior written consent of the other party. ARTICLE I 1 -REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement will be held in Falm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder ar now or hereafter existing at law ar in equity, by statute ar otherwise. No single or partial exercise by any party ofany right, power, ar remedy hereunder shall preclude any other or further exercise thereof. No provision of this Agreement is intended io, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to this Agreement. ARTICLE 12 -CONFLICT OF INTEREST The MUNICIPALITY represents that it presently has na interest and shall acquire na interest, either direct or indirect, which would conflict in any manner with the performance of services, required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. The MUNICIPALITY further represents that no person having any such conflict of interest shall be employed for said performance of services. The MUNICIPALITY shall promptly notify the COUNTY'S representative, iri writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other circumstance which may influence or appear to influence the MUNICIPALITY 'S judgment ar quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the MUNICIPALITY may undertake and request an opinion of the COUNTY as to whether the association, interest ar circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the MUNICIPALITY. The COUNTY agrees to notify the MUNICIPALITY of its opinion by certified mail within thirty (~0) days of receipt of notification by the MUNICIPALITY. If, in the opinion of the COUNTY, the prospective business association, interest ar circumstance would not constitute a conflict of interest by the MUNICIPALITY, the COUNTY shall so state in the notification and the MUNICIPALITY shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the MUNICIPALITY under the terms of this Agreement. ARTICLE I3 -EXCUSABLE DELAYS MUNICIPALITY shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of MUNICIPALITY or its subcontractors and without their fault ar negligence. Such causes include, but are not limited ta, acts of Gad, force majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally severe and unusual weather conditions. Upon: MUNICIPALITY' S request, the COUNTY shall consider the facts and extent of any failure to perform the work and, if the MUNICIPALITY 'S failure to perform was without its ar its subcontractors fault or negligence, the Agreement schedule and/or any other affected provision of this Agreement shall be revised accordingly, subject to the COUNTY'S rights to change, terminate, or stop any ar all of the work at any time. ARTICLE 1~ -ARREARS The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety far any .contract, debt, obligation, judgement, lien, ar any form of indebtedness. The MUNICIPALITY further warrants and represents that it has na obligation ar indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 15 -- PUBLIC RECORDS The MUNICIPALITY sha11 comply with h'lorida°s Public Records Law with regard to any documents ar other records relating to this Agreement. 5 ARTICLE 16 -INDEPENDENT CONTRACTOR RELATIONSHIP The MUNICIPALITY is, and shall be, in the performance of all work services and activities under this Agreement, an Independent Contractor, and not an employee, agent, ar servant of the COUNTY. All persons engaged in any of the wank or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the MUNICIPALITY 'S sole direction, supervision, and control. The MUNICIPALITY shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the MUNICIPALITY'S relationship and the relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. The MUNICIPALITY does not have the power or authority to bind the COUNTY in any promise, agreement or representation. ARTICLE 17 - CONT~N.. GENT FEES The MUNICIPALITY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the MUNICIPALITY to solicit or secure this Agreement and that it has not paid ar agreed to pay any person, company, corporation, individual, ar firm, other than a bona fide employee working solely for the MUNICIPALITY, any fee, commission, percentage, gift , or any other consideration contingent upon or resulting from the award or making of this Agreement, ARTICLE 18 -ACCESS AND AUDITS The MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work far at least three (3) years after completion or termination of this Agreement. The COUNTY shall have access to such books, records, and documents as required in this section far the purpose of inspection or audit during normal business hours, at the MUNICIPALITY'S place of business. ARTICLE 19 -NONDISCRIMINATION The MUNICIPALITY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 20 -AUTHORITY TO PRACTICE The MUNICIPALITY hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. 6 ARTICLE 21- SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid ar unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than thane as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 2Z- PUBLI(C ENTITY CRIMES As provided in F.S. 2$7.132-133, by entering into this Agreement or performing any work in furtherance hereof, the MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and contractors who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 3b months immediately preceding the date hereof. This notice is required by F.S. 2$7.133{3}{a}. ARTICLE 23 -SURVIVABILITY Any covenant, agreement, representation, warranty or other provision of this Agreement that is ofa continuing nature ar which by its language or its nature imposes an obligation that extends beyond the term of this Agreement, including but not limited to representations relating to indemnification and the disclosure or ownership of documents, shall survive the expiration or early termination of this Agreement and the consummation of the transactions contemplated hereunder. ARTICLE 24 -NOTICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, natives shall be addressed to: Palm Beach County Fire-Rescue 50 South Military Trail, Suite 101 West Palm Beach, FL 3341 S Attn: Fire-Rescue Administrator If sent to the MUNICIPALITY, notices shall be addressed to: City of Delray Beach Aquatics Operations 1101 NW 2n~ Street Delray Beach, FL 3 3444 Attn: Nina Salomon, Aquatics Operations Supervisor 7 ARTICLE 25 -FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 2G -ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the MUNICIPALITY agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises ax understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, supexseded or otherwise altered unless agreed to in writing by bath parties. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns and successors in intexest. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf afthe COUNTY, and MUNICIPALITY has hereunto set its hand the day and year above written. WITNESS Signature Name {type ar Pxint) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By 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: Herman W. Brice, I~ireWRescue Administrator, through Robert Weisman, County Administrator APPROVED AS TO TERMS AND CONDITIONS By Palm Beach County p'ire~Rescue CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor 8 EXHIBIT A Aquatics DIVISIOCt 1101 NW 2nd Street betray Beach Florida 33444 Phone (sal} z43 - 73ss Fax (561} 243 - 7346 E-Mail sal oman@ci.delraybeach.ff. us On the Web www.rriydef rayheach.eam I/ \`~. t1~1 RAY BEAC H Parks ~ Recreation .;~- ; R€LRAY BEACH F A O All-M~eticaCiiyr I C~ 7993 2tD07 To: Drowning Prevention Coalition of Palm Beach County From: Giovannina F. Salomon Aquatics Operations Supervisor Dale, September 06 , 2fl07 I]etails: Swim lesson courses; Descriptions, Fees; Instructor I Student ratio Locations: Delray Beach Aquatics Division Pompey Park Pool and the Delray Swim & Tennis Club Swim lessons lnstructad: Fall swim lessons held in the month of October Session 1 and Session Il Spring swim lessons held in the month of April Session l and Session Il Summer lessons held in the months of June and July Session f; Session fl; Session flf and Session IV course: Parent & Child Aquatics Developed far children 6 months to 5 years of age, American Red Cross Parent & Child Aquatics builds swimming readiness by emphasizing fun in the water. Parents and children participate in several guided practice sessions that help children learn elementary skiffs, including wafer entry, bubble blowing, front kicking, back floating, underwater exploration and more. Once children can perform basic skiffs without parental assistance, they may begin Learn-to-Swim courses. Course length 1 fee and Twa weeks course; Tuesday -Friday far 112 hour instruction; Number enrolled : $25.00 per student; one instructor 1 fen students Course: Level I {5yrs. in age and older) Introduction to Water Skills: helps students feel comfortable in the water and to enjoy the wafer safely. Course length 1 fee and Twa weeks course; Tuesday -Friday far 112 hour instruction; Number enrolled: $25.00 per student; one instructor I six students. Course, Level ll (5yrs in age and older) Fundamental Aquatic Skills: gives students success with fundamental skills Course length 1 fee and Two weeks course; Tuesday -Friday for 112 hour Instruction; Number enrolled: $25.44 per student; one instructor I six students Course: Level Ili (5 yrs in age and older} Stroke Development: builds on the skills in Level 2 by providing additional guided practice. Course length 1 fee and Two weeks course; Tuesday -Friday for forty-five min. instruction; Number enrolled: $25.00 per student; one instructor 1 ten students. Course: Young Adult (12 yrs - 17 yrs in age) Improves various swim skills tram Level f, If & 111 by providing additional guided practice. Course length !fee and Two weeks course; Tuesday - Fr'sday far forty-five min. instruction; Number enrolled: $25.00 per s#udent; one instructor 1 ten students. Course: Adult (18 yrs in age and older} improves various swim skills from Level I, ll & Ill by providing additional guided practice. Course length 1 fee antl Twa weeks course; Tuesday -Friday for forty-five min. instruction; Number enrolled: $25.00 per student; one instructor 1 ten students. Thank you, ~~ Giovannina l~. Salomon Aquatics Operations Supervisor MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: August 25, 2008 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 PARKING LICENSE AGREEMENT/THE BLUE FISH ITEM BEFORE COMMISSION Parking License Agreement between the City of Delray Beach and The Blue Fish. BACKGROUND This agreement amends Paragraph 16, "Assignment", to provide that the agreement may be assigned with the express written consent of the City Manager so that we do not have to take the agreement to the Commission each time that the restaurant is under new ownership. It also combines the agreement entered into on April 1, 2008, to provide for one concise, complete agreement. RECOMMENDATION The City Attorney's Office recommends City Commission approval. PARKING LICENSE AGREEMENT THIS AGREEMENT ("The Agreement") is made this ~ s day of ,e~cr , 2008, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "CITY"), and THE BLUE FISH, a Florida corporation ("LICENSEE"}. WITNESSETH: WHEREAS, LICENSEE has requested permission to use. a certain number of public parking .spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this pan-exclusive- License Agreement. NOW THEREFORE, in consideration of the :sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt. and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The. parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Parking Oueues. The CITY agrees to allow LICENSEE the non-exclusive use of two (2) parking spaces located on Southeast Second Avenue as shown on Exhibit "B" for valet parking queues. The parking spaces are to be used for valet parking queues daily between the hours of 5:00 p.m. to 2:00 a.m. seven days per week. LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion) and during the special events, the license will not be valid, It is also understood by the. terms of this Agreement that the valet queue location may from time to time be re-located by the CITY in its sole discretion after providing thirty (30) days' written notice to LICENSEE. The LICENSEE and/or the Valet shall pat restrict the use of the Valet Queues to only persons using the LICENSEE'S business,. but the valet queue shall be open to anyone wanting to use the valet service offered by LICENSEE. The City Manager or hislher designee(s), shall enforce the provisions of this Agreement, including the location, time, days of the valet service, parking limitations and requirements, and compliance with all applicable laws and ordinances. When required by law, the enforcement shall be accomplished through personnel authorized by law to enforce the law. 3. Parking LocationslA~reements. LICENSEE agrees that LICENSEE and/or its employees will not pazk any cazs in CITY owned on-street or off-street parking spaces unless LICENSEE has a separate agreement with the CITY to provide far such use. LICENSEE further agrees that LICENSEE will provide the CITY with current written assurances and/or a lease agreement for use of a private parking lot(s). The private lot(s) must also comply with minimum City codes for a parking Iot(s). LICENSEE shall also provide-the CITY with a copy of its current valet agreements, and a copy of its current insurance certif cafe as set forth in Exhibit "A". LICENSEE will ensure that the. valet service is operated in a manner that will not result in cars stacking on and/or blocking the travel ways of any alleyway, public street or parking lot. These assurances and agreements must be provided upon execution of this License Agreement when there is a change in any agreement referred to herein or upon the request of the CITY. Failure to comply with these conditions will be a basis for termination of this License Agreement. 4. Payment for Parking Queue Syaces. LICENSEE agrees to pay the CITY ninety dollars ($90.00) per month, per parking queue space utilized by the 10th of each month. A late fee of five percent (5%j will be charged after this date. If more than one License Agreement is issued far the queues, the fee will be shared proportionately. 5. Si na e. The CITY agrees to post the valet parking queue spaces with valet parking times and days authorized. Sandwich board signs may not be used to advertise the valet service. Advertising signs will be allowed as prescribed by the City Manager or hislher designee. 6. Valet Services Valet Ec~uinmeut. The LICENSEE'S operator may, for the storage of keys, install a moveable, temporary, valet desk on the sidewalk, either public or private, during the hours of valet service so long as the desk does not impede the pedestrian flow. 7. Term and Renewal. The term of this Agreement shall be for one (1}year from the date written above. The License may be renewed by the City Manager following receipt of a 2 written notice from LICENSEE. that LICENSEE desires to continue using the parking spaces for valet parking queue, if the City Manager determines in his sole discretion that the renewal is in the best interests of the CITY. The City Manager may add additional provisions to this Agreement upon renewal, including. but not limited to, the requirement to use an off-duty police officer during the time and dates the City Manager deems advisable. 8. Revocable License. This Agreement is only anon-exclusive License Agreement and may be revoked by the CITY at anytime with or without cause during the initial term or any renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective when mailed. 9. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking that. exist or as amended from time to time. LICENSEE further acknowledges that due to the high traffic in this area, double parking unattended vehicles will not be permitted. 10. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David T. Harden, t;ity Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 To LICENSEE: V'/A~H~S[.f4v FISH The Blue Fish 110 East Atlantic Avenue Delray Beach, Florida 33444 11. Insurance. LICENSEE agrees to provide the CITY insurance far the valet service in the amounts and under the conditions prescribed in Exhibit "A", which shall at all times remain current. The City of Delray Beach shall be named an additional insured. 12. Indemnif cation. In consideration of the payment of Ten Dollars {$10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and 3 occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, andlor decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 13. Third Parties. Nothing in this. Agreement, whether e~cpress or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person ether than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement,. nor shall any provision thereof give any third person any right of subrogation yr action over or against any party to-this Agreement. 14. Penalties for VialatianslTermination. Penalties will be imposed upon the LICENSEE for: { 1 } Valet parking of cars in either on-street or off-street public parking spaces; andlor {2} Valet parking of cars in the designated parking queues;. andlor {3} Expanding the designated parking queues area. The penalty schedule. for the above violations is as follows: 1st violation - warning 2nd violation - $200 3rd violation - $.540 4th violation - Termination of License Agreement Notices of violation will be written by a Police Department representative and will be sent to the LICENSEE with a copy tv the City Manager. Failure to make payrnenk within thirty {30) days of receipt of the notice will result in termination of the Agreement: LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may terminate this non-exclusive License Agreement without cause or for cause. LICENSEE will at 4 al! times comply with the City's policy/procedure for use of public parking spaces/queues which shall change from time to time subject tv the sole discretion of the City. 15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges,. including, but not limited to gross receipts, taxes, use taxes., property taxes, and sales taxes that may be imposed. lh. Assignment. This Agreement may be assigned with the express written consent of the City Manager or his/her designee. 17. Further Assurances. The parties shall from time to time execute and deliver such other sand. further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry .out the intent of this Agreement. 1 S. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives,. and permitted assigns. 19. Entire Agreement. This Agreement shall constitute the entire. agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully- and completely expresses their understanding. 20. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ATTEST: City Clerk day of , 2008. THE CITY OF DELRAY BEACH, a Florida municipal corporation By: Rita Ellis, Mayor 5 Approved as to form: City Attorney STATE OF FLORIDA COUNTY OF THE BLUE FISH By:_ Print Title; x ~ ~~ ~'~ Ce ~ TE SEAL} The foregoing instrument was acknowledged before me this 1'--~-~ day of 2008, by ~,r ~. ~~~ L~ , as (name of officer or agent, title of officer or agent), of"'1.}.~~ ~xruE ~;~ (name of corporation acl~ziowledging), a ~i.~~ _(state or place of incorporation) corporation, on behalf of the corporatior~' a She is personally known to me or has produced ~`~_ (type of identification} as identif cation. l A ;l°. Signature of Notary Public -State of Florida ,~p~w:.N JILI. #A. PQZTEit ,,.~ v o . ~ ~~ PabNC • Sly 01 Flotid8 =1Ar Camn~itdon ErpMK Jul 10.2011 Commdrt-nn i DD-672851 Bonded TixoupR MMlo~+d Iiolary+lMn• ~~u~ 6 EXHIBIT "A" INSURANCE REQiJIREMENTS FORM 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000/$500,0001$100,000. 2. Garage Liability Insurance of at least. $1,000,000 combined single limits per occurrence to protect- the City against all risks of injury to persons (including death) or damage to property wherever located resulting. from any action or operation under the contract ar in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers lnsuranee with Iirnits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-ownedlhired automobiles connected with the business. 5. The City of Delray Beach and .PRIVATE LOT OWNERS must be Warned as additional insured on the liability policies; and it must be stated an the certificate. 6. Thirty (30} days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition. Q (a O (a U O J ~~ ~_ ~_ X W MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: August 26, 2008 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 AMENDMENT NO. 1 TO THE RENEWAL LEASE AGREEMENT/DELRAY BEACH HISTORIC SOCIETY/CASON COTTAGE ITEM BEFORE COMMISSION Amendment No. 1 to the Renewal Lease Agreement for Cason Cottage Property dated October 19, 2007. BACKGROUND This Amendment No.l modifies the Renewal Lease Agreement dated October 19, 2007 between the City and the Delray Beach Historical Society by requiring that seventeen (17) parking spaces, including three (3) handicapped spaces, shall be provided for public parking purposes. RECOMMENDATION The City Attorney's Office recommends City Commission approval. AMENDMENT NO. 1 TO THE RENEWAL LEASE AGREEMENT FOR CASON COTTAGE PROPERTY DATED OCTOBER 19, 2007 THIS AMENDMENT NO. 1 to the Renewal Lease Agreement is made this day of 2008, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("Lessor') and the DELRAY BEACH HISTORICAL SOCIETY ("Lessee") WITNESSETH: WHEREAS, the parties have entered into a long term lease; and WHEREAS, the Lessee has received monies for landscaping and parking improvements on the site so long as public parking is permitted at 5 NE 1St Street; and WHEREAS, the Lessee is interested in providing public parking as provided herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Modification. Paragraph 3, "Covenants of Lessee" of the renewal Lease Agreement dated October 19, 2007, is hereby amended to include: t. Parking. A parking lot consisting of seventeen (17) spaces, including three (3) handicapped spaces, shall be provided for public parking purposes. 3. All other terms and conditions of the renewal lease not in conflict with this Amendment No. 1 shall continue in full force and effect. IN WITNESS WHEREOF, the Lessor and Lessee have set their hands and seals the day and year first written above. ATTEST: Lessor: CITY OF DELRAY BEACH, FLORIDA By Rita Ellis, Mayor Approved as to Form: City Attorney Lessee: ATTEST: DELRAY BEACH HISTORICAL SOCIETY By: Print Name: Title: 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: August 26, 2008 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DELRAY BEACH HOUSING AUTHORITY/CARVER ESTATES/AUBURN AVE ITEM BEFORE COMMISSION The item before the City Commission is an Interlocal Agreement Between Palm Beach County, the City of Delray Beach and the Delray Beach Housing Authority (DBHA) regarding a Grant of $1,000,000.00 for infrastructure within the City's right-of-way. BACKGROUND The Agreement provides that improvements (reconstruction of Auburn Avenue/S.W. 12~' Avenue near the boundaries of Carver Estates, consisting of reconstruction of the roadway, pavement marking and signage, replacing and upgrading landscaping and drainage) shall be made by DBHA and shall be reimbursed by the County up to $1,000,000.00. The improvements shall be completed no later than September 1, 2011 or no reimbursement by the County will occur (unless there is a contract extension). The City is responsible for subsequent maintenance of the roadway. RECOMMENDATION The City Attorney's Office recommends City Commission approval. INTERLOCAL AGREEMENT PALM BEACH COUNTY AND DELRAY BEACH HOUSING AUTHORITY FOR CARVER ESTATESIAUBURN AVENUE-SW 12T" AVENUE THIS INTERLOCAL AGREEMENT is made and entered into this day of , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida hereinafter referred to as "GOUNTIf", DELRAY BEACH (CITY} a municipal corporation of the State of Florida hereinafter referred to as "C.1TY" and DELRAY BEACH HOUSING AUTHORITY a Florida public agency established pursuant to Chapter 421, Florida Statutes hereinafter referred to as "DBHA" wITNESSETH: WHEREAS, the DBHA is part of a partnership that fs responsible for undertaking certain improvements to Auburn Avenue-SW 12~' Avenue near the boundaries of the Carver Estates area, consisting of reconstruction of the roadway including pavement markings and signage, replacing and upgrading landscaping, and drainage hereinafter referred to as "IMPROVEMENTS°; and WHEREAS, the COUNTY believes that the IMPROVEMENTS serve a public purpose through the enhancement of Carver EstateslAuburn Avenue-SW 12"' Avenue, and wishes to support the IMPROVEMENTS by providing supplemental reimbursement funding for the documented costs of the IMPROVI~NIENTS in an amount not to exceed ONE MILLION DOLLARS ij$1,OOO,t}{10A0}; and WHEREAS, .after completion of the IMPROVEMENTS; City will be responsible for the subsequent maintenance of all IMPROVEMENTS; and WHEREAS, Aubum Avenue-SW 12"' Avenue is under the City"s jurisdiction; and WHEREAS, City shall give the DBHA authorization to undertake these 1MPROVEMENT3 as stated in paragraph 2. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained,. the parties agree as follows: 1. The above recitals are true, correct and incorporated herein. 2. The COUNTY agrees to provide to the DBHA reimbursement funding for documented casts associated with the IMPROVEMENTS in an amount not to exceed ONE MILLION DOLLARS ($1,000,1)1)O.OII}. 3. COUNTY agrees to reimburse the DBHA the amount established in paragraph 2 for costs associated with the IMPROVEMENTS, upon the DBHA's 1. submission of acceptable documentation needed to substantiate its cost for the IMPROVEMENTS. The COUNTY will use its best efforts to provide said funds to the DBHA on a reimbursement basis within forty-five (45) days of receip# of all information required in paragraph 6, below. 4. The COUNTY obligation is limited to its payment obligation and shall have no obligation to any other person or entity. 5. The 17BHA agn:es to assume all responsibility for design, bidding, contract preparation, and contract administration necessary for the IMPROVEMENTS, including payment(s) to confractor(s} pursuant to a[I applicable govemmental laws and regulations and will comply with all applicable governmental codes and permitting requirements (including, but not limited to CITY and COUNTY) in the se}ection and installation of the IMPROVEMENTS, The DBHA also agrees to assume financial responsibility for the completion of any portions of the IMPROVEMENTS tha# are not fully funded by the amount set forth in Paragraph 2, above. Othernise, COUNTY will have the final determination of the eligibility for reimbursement of any changes. Substantial variations from the approved plans shall require prior written approval from CITY and County Engineer's Office. The final plans for the IMPROVEMENTS must be signed and sealed by a Florida Registered Engineer. 6. The DBHA will obtain or provide all. labor and materials necessary for the design and installation of the IMPROVEMENTS. COUNTY shat! have the final determination of eligibility for reimbursement. The DBHA shall fumish to the OFFICE OF THE COUNT1f ENGINEER representative a request for payment supported by the following: A) A statement from a Florida Registered Engineer that the IMPROVEMENTS have been inspected and were installed substantially in accordance with the permitted plans for the IMPROVEMI=NT5, and; B) A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and incorporated herein as Exhibit "A° (pages 1 8~ 2}, which are required for each and every reimbursement to the DBHA. Said information shall list each invoice payable by the DBHA and shall include the vendor invoice number, invoice date, and the amount payable by the COUN~'Y. The DBHA shall attach a copy of each vendor invoice paid by the DBHA along with a .copy of the respective check and shag make reference thereof to the 2 applicable item listed on the Contractual Services Purchases Schedule Form. Further, the DBHA Financial Officer, or authorized representative, shall also certify that each invoice listed on the Contractual Services Purchases Schedule Form was paid by the DBHA as indicated. 7. DBHA shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the IMPROVEMENTS for at least three (3} years after the completion of the IMPROVEMENTS. COUNTY shalt have access to all books, records and documents required in this Section for the purpose of inspection or audit during normal business hours. 8. The CITY agrees to be responsible for the subsequent maintenance of the roadway following the IMPROVEMENTS. The DBHA shall be solely responsible for obtaining and complying with all necessary permits, approvals and authorizations from any federal, state, regional, COUNTY or agency if any are required. for the IMPROVEMENTS. 9. All installa#ion of the IMPRDVEMENTS shall be completed and final invoices submitted to the COUNTY no later than September 1, 20i 1 and the COUNTY shall have no obligation to the DBHA or any other entity or person for any cost incurred thereafter unless the time for completion is extended by mod cation of this Agreement as provided herein. 10. Each party shall be liable for its own actions and negligence and to the extent permitted by law; the DBHA shall indemnify, defend and hold harmless the COUNTY against any actions, claims or damages arising out of the DBHA's negligence in connection with this Agreement or the performance by the DBHA as it may relate to this Agreement. 'The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 7$6.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligence, willful or intentional acts or omissions. 11. Without waiving the right to sovereign immunity as provided by s.7fi8.28 f.s., the DBHA acknowledges to be self insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,OD0 Per ~ Person and $200,D00 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature: In the event the DBHA maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of 3 self-insurance under s.788.28 fs., the DBHA shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury ar property damage_ The DBHA agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute 440. When requested, the DBHA shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance, andlor sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverage. Compliance with the foregoing requirements shall not relieve the DBHA of its liability and obligations under this Interlocal Agreement. 12. As provided in F.S. 267.132-133, by entering into this Agreement or performing any work in furtherance hereof, the DBHA certifies that its affiliates, suppliers, sub-contractors, and consultants who perform work hereunder, have not been placed an the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3}(a). 13. The DBHA may require each contractor engaged by the DBHA far work .associated with this Agreement to maintain: Workers' Compensation coverage in accordance with Florida Statutes, and; a. Workers' Compensation coverage in accordance with Florida statues, and; b. Commercial General Liability coverage, including vehicle coverage, in combined single limits of not less than ONE MILLION DOLLARS {$1,Op0,000.00). The COUNTY shall be included in the coverage as an additional insured, and; c. A payment and performance band for the total amount of the IMPROVEMENTS in accordance°with Florida Statute 255.05. 14. In the event of termination, the DBHA shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Agreement by the DBHA; and the COUNTY may withhold any payment to the DBHA for the purpose of set-off until such time as the exact amount of darnages due the COUNTY is detemtiined. 15. The DBHA's termination of this Agreement shall result in all obligations of the COUNTY for funding contemplated herein to be .cancelled. 4 18. The COUNTY and DBNA agree that no person shall, on the grounds of race, color, national origin; sexual orientation, religion or creed,. sex, age, ar handicap be discriminated against in performance of this Agreement. 17. The COUNTY may, at COUNTY'S discretion and for the duration of the IMPROVEMENTS, install signs within the public property or easement, notifying the public that the IMPROVEMENTS were funded with GOUNTY dollars. 18. In the event that any section, paragraph, sentence, clause or provision hereof is held invalid by a court of competent }urisdictivn, such holding shall no# affect remaining portions of this Agreement and the same shalt remain in full force and effect. 19. All notices required to be given under #his Agreement shall be in writing, and deemed sufficient to each party when sent by United States Mail, postage paid, to the following: AS TO THE COUNTY 1=ngineering and Public Works Department Tanya N. McConnell, P.E. Deputy County Engineer 2300 North Jog Road Ste. 3E-13 West Palm Beach, Florida 33411 AS TO THE DBHA Delray Beach Hauling Authority Dorothy Ellington 600 N. Congress Avenue Delray Beach, FL 33445 Phone: 561-272-6766 Fax: 561-272-7352 20. This Agreement shall be construed and governed by the laws of the State of Florida. Any legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy shat! be cumulative and shall be in addition to every other remedy given hereunder or now hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy shall preclude any other or further exercise thereof. 21. Any costs or expenses (including reasonable attorney's fees} associated with the enforcement of the #erms anti conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to the Agreement. 22. Except. as expressly permitted herein to the contrary, na modification., amendment, er 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. 23. Each party agrees to abide by all laws, orders, rotes and regulations and the DBHA will comply with all applicable governmental codes in the maintenance and replacement of the IMPROVEMENTS. 24. The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts,. or omissions of the other party {or parties). Nothing contained herein shall be construed as a waiver, by any of the parties, of the liability limits established in Section 768.28, Florida Statutes. 25. DBHA shall promptly notify the other of any lawsuit-related complaint, or cause of action threatened ar commenced against it which arises aut of or relates, in any manner, to the performance of this Agreement. 26. The parties expressly covenant and agree that in the event any of the parties is in default of its obligations under this Agreement, the parties not in default shall provide to the defaulting party thirty (30) days written notice before exercising any of their rights. 27. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not solely as a master of judicial constraint, be contanned more severely against one of the parties than the other. 2B. The DBHA has the authority to enter into the Agreement and to perform the obligations contained herein. 29. This Agreement represents the entire understanding among the parties, and supersedes all other negotiations, or agn,ements, written or oral, relating to #his f Agreement. 30. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. 31. This Agreement shall take effect upon execution and the effectve date shall be the da#e of execution. 5 1N WITNESS WHEREOF, the parties have executed this Agreement and it is re on the date first above written. DEt:RAY BEACH HOUSING AUTHORITY By: Joe B del hair ATTEST: ~ ._ By: Seocetary APPROVED AS TO FORM AND LEGAL SUFF~FNCY DBHA Attorney ~` Date: ~' d~ O~ City of Defray Beach By: Mayor Date: By: City Attorney Date: PALM BEACH COUNTY, FLORIDA, BY iT5 BOARD OF COUNTY COMMISSIONERS By: Addie L. Greene Chairperson ATTEST: SHARON R. BOCK, CLi=RK & COMPTROLLER By: Deputy Clerk APPROVED AS TO FARM AND LEGAL SUFFICIENCY By: Assistant County Attorney Date: APPROVED AS TO TERMS AND CONDITIONS By: Date: 7 Grantee Billing # Item Consulting Services Contractual Services (PROJECT) Request Date Billing Period PROJECT PAYMENT SUMMARY Project Costs Cumulative this Billing Project Costs Material, Supplies, Direct Purchases Grantee Stock Equipment, Furniture TOTAL PROJECT COSTS Certification: I hereby certify that the above was incurred for the work identified as being accomplished in the attached progress reports. Administrator/Date PBC USE ONLY County Funding Participation Total Project Costs Total Project Costs to Date County Obligation to Date County Retainage ~%) County Funds Previously Disbursed County Funds Due this Billing Total Project Costs Certification: I hereby certify that the documentation has been maintained as required to support the project expenses reported above, and is available for audit upon request. Financial Officer/Date (~ ) (~ Reviewed and Approved by: H a W A W U H U H Z U U ti a N bA .~ _~ N 'd O .~ N bA .~ bA .~ 0 ~ .~ ~ ~" U N N Q "~ ~ ~ ~ O ~ ~ N ~ O a O P-~ ~ '~ ~. O ~ ~z ~~~ U U Q O ~ U N ~ ~ z ~, U ~ ~ ~ O Q O ~ ~ U ~ ~ N L H ~~ v ~ ~ ~ ~ ~ ~ ~ ~ ~, ~ ~. o '~ ~ ~ ~ ~~ ~ ~~~, ~ ~ ~ ~ ~ ~ V~ N ~ 'y ~ y ~ ~, cd .-~ O ~ ~ ~ ~ r-' r-' '~ ,~' V O ~, O ~ "C ', "~ ~ ~~ ~ V ~, o ~ v ~ ~, ~ ~ ~ ~ ~ ~' ~ ~ o ~ ~ v o ~ o '~ ~ ~ `~ o ,V. v~ ~. U v ~ 'd N ~ v v ~ ~~o ~ ~ ~ ~ ~ y cd pp ~ .~ ~' ,~' .~ .~ ~ ~ v ~ o ~ cvi ~, ~ ~ .~ ~ 'd Q v .v w Q ~, N 0 cv an a DELRAY BEACH HOUSING AUTHORITY August 18, 2008 Ms. Susan Ruby, Esq. City Attorney City of Delray Beach 100 Northwest 1st Avenue Delray Beach, Florida 33444 Subject: lnterlocal Agreement Between Palm Beach County, City of Delray Beach and the Delray Beach Housing :Authority Dear Ms. Ruby: The attached original lnterlocal Agreement for funding from Palm Beach County was reviewed by you in May 2008 and your recommended changes were incorporated by staff at Palm Beach County. The Agreement has been under review by the Developer (Auhurn's Tom Hinners} since that time and was finally sent back to me by him for final approval by the parties. We would appreciate your assistance in obtaining Cornmis5ion approval of the Agreement at the next available Commission meeting, on or before September 2, 2008. Please be reminded that this agreement is for funding in the amount of $1,000,000 to install infrastructure within the City's right of way. The County has required City approval for these improvements by way of this interlocal agreement. Once we have obtained City approval of the Agreement, we will forward it to Mr. Owen Miley of Palm Beach County's Department of Engin~;ering for final approval by Palrn Beach County. Thank you and if you have questions, please call me directly (561)272-6766, ext. 13. Sincerely, ~~~ ~iE~EIVED au~ 2 ~ zoos Dorothy Ellington cE0 CITY ATTORNEY 600 No:,~. ~xgxeae Claenue SrutE 3?0~ `~!'lFneu: {5b1) 272-6766 1~eP~ray. ~ieacl~, 3L' 33444-1396 .~faz~.- {561 J 272-7352 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: August 26, 2008 SUBJECT: AGENDA ITEM 8.P. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR PLANNING AND OTHER SERVICES ITEM BEFORE COMMISSION Approval of the Interlocal Agreement with the Delray Beach Community Redevelopment Agency for the funding of planning and other services. BACKGROUND The City will provide planning services to the CRA related to the formation and implementation of neighborhood plans; mapping and graphic services; computer network services; and shared use of a parking management specialist. The agreement is for a period of 1 year, but will renew if both parties provide funding for the position in their budgets. The CRA shall pay to the City the amount of $110,000.00 in quarterly installments. Either party may cancel this agreement upon providing notice to the other party at least 30 days prior to renewal. RECOMMENDATION Staff recommends approval of the interlocal agreement. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PLANNING AND OTHER SERV[CES THIS AGREEMENT is made this day of , 2008 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the implementation of plans and projects contained in the CRA's Community Redevelopment Plan requires significant input and assistance from the City's Planning. and Zoning Department; and WHEREAS., the continuing services of a Parking Management Specialist is needed to address parking issues in the redevelopment area; and WHEREAS, the continuing. services of the Information Technology Division is needed to provide assistance in the maintenance of the CRA computer network system; and WHEREAS, the both parties desire to assist one another in providing and obtaining the services as mare specifically set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein cantained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The C[TY will provide the following services: A. The CITY shall provide planning services to the CRA relating to the. formation and implementa#ion of neighborhood plans and associated planning tasks related to the Downtown Master Plan, Southwest Area Neighborhood Plan., Osceola Park Neighborhood Plan, West Atlantic Redevelopment Plan, as well as plans for other areas within the CRA District. B. The CITY shall provide for the shared use of the services of a Parking Management Specialist. C. The CITY shall pravide the CRA with certain mapping and graphics services, so long as the services can be performed by the CITY in house. D. The CITY shall pay the cost of supplies except for reproduction costs of final plans. E. The CITY shall provide the CRA with compdter network services through the use of CITY employees. In the event that the CITY cannot provide the requested service through the use of CITY employees, the CITY shall advise the CRA that the CITY cannot provide the requested service. The CRA will then. have the right to obtain the service from an outside contractor, 3. The CRA shall provide the following: ' A. Prior reasonable notice to the CITY of service requests, B. Reproduction of all final plans at its own cost; C. Ali information that the CITY requests from the CRA that the CITY determines it needs to carry out the service to be provided by the CITY. 4. The term of this Agreement shall commence October 1, 2008 and terminate on September 30, 2009. However, it shall automatically renew on an annual basis provided that funding for the position is set forth in the CITY and CRA budgets, and those budgets are approved. Either party may cancel the agreement if it provides 2 written notice to the other party, at least 30 days prior to renewal, of its intent to cancel this Agreement. 5. During the first year of this Agreement, the CRA shall pay to the CITY ~p to $1'{0,000.00 for the services provided by the CITY, payable in quarterly increments, with October 1st as the commencement ofi the first quarter. No la#er than May 30t~' of each year during the term of this Agreement, the CITY shall provide notice to the CRA ofi the amount of additional funds that will be necessary for the CRA to pay to the CITY for the following fiscal year to fund the position. Following receipt of the notice from the CITY, the CRA's Executive Director shall advise the CITY whether the CRA will fund the additional costs in the CRA budget for the position far the following year, ar terminate the Agreement. 6. The City sha11 provide the CRA with a quarterly report documenting the CITY's expenditures related to the provision of planning and other services provided pursuant to this Agreement, and the use of funds provided by the CRA to the CITY. The report shall be provided to the CRA Executive Director no later than ten (10) days after the end of each quarter (December 31st, March 31st, June 30#h, and September 30th). In the event the CITY fails to provide the required reports, the CRA will have the discretion to withhold payment of any funds until receipt of the report. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11 }ofi the Florida Statutes. 8. No prior or present agreements or representation -with regard to any subject mater contained within this Agreement shall be binding on any party unless 3 included expressly in this Agreement. Any modi#ication to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 11. Neither the CITY nor the CRA shall assign ar transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: City Clerk Approved as to Form: City Attorney A T: °v" ~ Di ne Colonna, Executive Director C1TY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor COMMUNITY REDEVELOPMENT AGENCY By: . Frank Wheat, C air (SEAL} STATE OF FLORIDA 4 COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this /~~ day of ~~~Li"6r~/' ~ ZQ~~, ~y ~~i ~l~ ~I~'~ .9yr a$ C' f~ ~~,z .-~ ~,-~ (name of officer or agent, title of officer or .agent), of ~~~ ,~,g~ ,~,~.,~~, c .~°~- __ (name ofi corporation acknowledging), a -~ ~, ~~ ~.~~ (state or place of incorporation} corporation, on behalfi of the corporation. HelShe is personal) known to me or has produced (type of iden r ica ~o~ asiTentification. ~~_'~P., JEA.IV Ni00REF'IELD h~Y CpMMlSSIQN * DIY143456 ~~~~ EXPIRES: June 22, 2004 ~~ ~a Ian ~S-0i5a Faidn Notery'Sarvlaacwn c,~ ..w lye ,cr~~ Notary uhlic -State Florida MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: August 26, 2008 SUBJECT: AGENDA ITEM 8.Q. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR THE FUNDING OF A PLAN REVIEWER II POSITION ITEM BEFORE COMMISSION Approval of the Interlocal Agreement with the Delray Beach Community Redevelopment Agency for the funding of a Plan Reviewer II position by the CRA. BACKGROUND The City shall prioritize CRA projects for plan review and permit approval based upon the additional plan reviewer position. The agreement is for a period of 1 year, but will renew if both parties provide funding for the position in their budgets. The CRA shall pay to the City the amount of $72,600.00 in quarterly installments. Either party may cancel this agreement upon providing notice to the other party at least 30 days prior to renewal. RECOMMENDATION Staff recommends approval of the interlocal agreement. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF A PLAN REVIEWER II POSITION THiS .AGREEMENT is made this day of , 2008 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"}, and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"} WITNESSETH: WHEREAS, the CRA wishes the CITY to prioritize its projects for plan review and permit approval by funding a plan reviewer 11 position in the Community Improvement Department; and WHEREAS, the both parties desire to assist one another in providing and obtaining the services as more specifically set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitafinns set forth above are hereby incorporated herein. 2. The CITY will prioritize CRA projects for plan review and permit approval based on the additional plan reviewer II position. The CRA Executive Director or her designee will participate in the interview and selection process. 3. The plan reviewer II shall perform the following duties: • Review building plans for projects located within the CRA District.. ~ Provide expedited review of plans for CRA and CLT sponsored projects. • Provide a quarterly status report to the CRA regarding the status of plans and projects reviewed. 4. The term of this Agreement shall commence October 1, 2008 and terminate on September 30, 2009. However, it shall automatically renew on an annual basis provided that funding for the position is set forth in the CITY and CRA budgets, and those budgets are approved. Either party may cancel the agreement if it provides written notice to the other party, at least 30 days prior to renewal, of its intent to cancel this Agreement. 5. During the first year of the Agreement, the CRA shall pay to the CITY up to $72,500.00 for the services provided by the CITY, payable in quarkerly increments, with Oc#ober 1st as the commencement of the first quarter. No later than May 30th of each year during the term of this Agreement, the C1TY shall provide notice to the CRA of the amount of additional funds that wi11 be necessary for the CRA to pay to the CITY for the following fiscal year to fund the position. Fallowing receipt of the notice from the CITY, the CRA's Executive Director shall advise the CITY whether the CRA will fund the additional costs in the CRA budget for the position for the following year, or terminate the Agreement. 5. The City .shall provide the CRA with a quarterly report documenting the CITY's expenditures related to the Plan Reviewer II Position, and the use of funds by the CITY. The report shall be provided to the CRA Executive birector no later than #en (10} days after the end of each quarter (December 31st, March 31st, June 30th, and September 30th). In the event the CITY fails to provide the required reports, the CRA will have the discretion to withhold payment of any funds until receipt of the report. 2 7. This Interlocal Agreement shall be filed pursuant to tie requirements of Section 163.01(11 } of the Florida Statutes. 8. No prior or present agreements or representation with regard to any subject mater contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modifiication to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion., article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida, 11. Neither the CITY nor the CRA shall assign or #ransfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor 3 ATTEST: Diane Colonna, Executive Director STATE OF FLORIDA COUNTY OF PALM BEACH COMMUNITY REDEVELOPMENT AGENCY By: Frank Wheat, hair The foregoing instrument was acknowledged before me this ~~~~ day of ~~ G ws ._, 200 ~ by r~ .~~ ~ti f.~r as i'rY r~..~ ~- ~~ (name of officer or agent, title of officer or agent), of fc 2.~- -3f. 4 C:~~ (name of corporation acknowledging), a ~vntmry (state or place of incorporation} corporation, on behalf of the corporation. He1She is personally known to me or has produced pe o i en i ication) as identification. ~•**Y^~ JEAN AilOORLEIELD Nota ublic -State of Florida ~ MY COMMISSION ~ Dd)443~i5fi ~~OF4ti~ IXPIR~1='S: dunr22,2009 (#0~ 38&0764 Raridn NoSOryr Senlu.wm 4 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: August 26, 2008 SUBJECT: AGENDA ITEM 8.R. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 INTERLOCAL AGREEMENT WITH THE CRA FOR THE FUNDING OF A NEIGHBORHOOD PLANNER POSITION ITEM BEFORE COMMISSION Approval of the Interlocal Agreement with the Delray Beach Community Redevelopment Agency for the funding of a Neighborhood Planner position by the CRA. BACKGROUND The CRA shall contribute 50% of the funding for a neighborhood planner position assigned to the Neighborhood Resource Center. The neighborhood planner, in addition to his/her regular duties, shall function as the liaison between the CRA and CLT for community outreach. The agreement is for a period of 1 year, but will renew if both parties provide funding for the position in their budgets. The CRA shall pay to the City the amount of $34,410.00 in quarterly installments. Either party may cancel this agreement upon providing notice to the other party at least 30 days prior to renewal. RECOMMENDATION Staff recommends approval of the interlocal agreement. [NTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF A NEIGHBORHOOD PLANNER POSITION THIS AGREEMENT is made this day of , 200$ by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"}, WITNESSETH: WHEREAS, the CRA shall contribute 50% of the funding of a neighborhood planner position assigned to the Neighborhood Resource Center; and WHEREAS, the both parties desire to assist one another in providing and obtaining the services as more specifiicaCly set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The neighborhood planner shall be assigned to the Neighborhood Resource Center and shall function, in addition to hislher regular duties, as the liason between the CRA and the Community Land Trust fior community outreach activities. 3. The term of this Agreement shall commence October 1, 2008 and terminate on September 30, 2009.: However, it shall automatically renew on an annual basis provided that funding for the position is set forth in the CITY and CRA budgets, and those budgets are approved. Either party may cancel the agreement if it provides written notice to the other party, at feast 30 days prior to renewal, of its inteht to cancel this Agreement. 4. During the first year of the Agreement, the CRA shall pay to the CITY up to $34,410.04 for the services provided by the CITY, payable in quar#erly increments, with- Qctober 1st as the commencement of the first quarter. No later than May 30~h of each year during the term of this Agreement, the CITY shall provide notice to the CRA of the amoun# of additional funds that will be necessary for the CRA to pay to the CITY for the following fiscal year tv fund the position. Following receipt of the notice #rom the CITY, the CRA's Executive Director shall advise the CITY whether the CRA will fund the additional costs in the CRA budget for the position for the following year, or terminate the Agreement. 5. This Interlocal Agreement shall be filed pursuant to the requirements of Section 1 fi3.01(11) of the Florida Statutes. 5. The CITY shall provide the- CRA with a quarterly report documenting the CITY's expenditures related to the Neighborhood Planner Position, and the use of funds by the CITY. The report shall detail the Neighborhood Planner's activities including community meetings attended, workshops conducted, informational materials produced, etc. The report shall be provided to the CRA Executive Director no later than five (5) days prior to the erid of each quarter (December 31st, March 31st, June 30th, anti September 2 3Dth). In the event the CITY fails to provide the required reports, the CRA will have the discretion to withhold payment of any funds until receipt of the report. 'r'. No prior or present agreements ar representation with regard to any subject mater contained within this ;Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 8. The validity of any portion, article, paragraph, provision, louse, or any portion thereof of this Agreement shall have na force and effect upon the validity of any other part of portion hereof. 9. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Pafm Beach Caunty, Florida. 1 Q. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement.. 11. This Agreement shall not be valid until .signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH, FLOl~lDA By: Rita Ellis, Mayor City Clerk Approved as to Form: City .Attorney 3 ATTEST: COMMUNITY REDEVELOPMENT AGENCY By: Diane Colonna, Executive Director Frank Wheat, C ~r STATE OF FLORIDA GOUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of as _ ~sr.il, .c ~J?~/ ____ _ _ _ (name of offir:er or agent, title of officer or agent}, of ~4 ,2.~ ,~ ~~~, c ~,~'.~-_ __ _ , (name of corporation acknowledging); a F~~}~u.~~ , ~, (state or place of incorporation) corporation, an behalf of the corporation: He1She is personally known to me ar has produced `" e o entification} as identification. ~~a''~~0¢F, JEAN MOOREFiELD ) ' MY COMh41S510N ~ DD41345G ~ ~ y / 7 ~~ ~~ ~~R~: ,ane ~z. xno9 No Public - Stat of Florida (40Tk 368-0153 Florida Ndary Sa~vica,com V DNT:dnt H:12006V080018 DBCRAL4GMT ZOd71{nterfaceiAgreemant City CRA neigh ~larnnet 9.11.4T.dx MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: August 26, 2008 SUBJECT: AGENDA ITEM 8.5. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/ IN- HOUSE PROTECT MANAGEMENT SERVICES ITEM BEFORE COMMISSION Approval of the Interlocal Agreement with the Delray Beach Community Redevelopment Agency for in-house management services regarding certain projects located in the CRA district. BACKGROUND The City shall provide project management services to the CRA related to certain projects located in the CRA district. The agreement is for a period of 1 year, but will renew if both parties provide funding for the position in their budgets. The CRA shall pay to the City the amount of $87,900.00 in quarterly installments. Either party may cancel this agreement upon providing notice to the other party at least 30 days prior to renewal. RECOMMENDATION Staff recommends approval of the interlocal agreement. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR IN-HOUSE MANAGEMENT SERVICES THIS AGREEMENT is made this day of , 2QQ8 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and. the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY's Comprehensive Plan requires the preparation of redevelopment plans for locations within the city limits which are also located wi#hin the CRA `s boundaries; and WHEREAS, the CITY and the CRA will benefit from the services of a project manager in the CIITY's engineering department; and WHEREAS, ba#h parties desire to assist one another in providing and obtaining the services as more specifically set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows; ~. The recita#ions set forth above are hereby incorporated herein. 2. The CITY will provide the following services: A. The CITY shall provide project management services to the CRA relating to the project management of certain projects located in the CRA district that include, but are not limited to, the Downtown Master Plan, Southwest Area Neighborhood Plan, Osceola Park Neighborhood Plan, North Federal Highway Redevelopment Plan, as well as plans for other areas within the CRA District. B. The CITY shall provide for the shared use of the services of a Project Manager. 3. The CRA shall provide the fallowing: A. Prior reasonable notice to the CITY of service requests; B. Reproduction of all final plans at its own cost; C. All information that the CITY requests from the CRA that the CITY determines it needs to carry out the service to be provided by the CITY, 4. The term of this Agreement shall commence October 1, 2008 and terminate on September 30, 2.009. However, it shall automatically renew on an annual basis provided that funding for the position is se# forth in the CITY and CRA budgets, and those budgets are approved. Either party may cancel the agreement if it provides written notice to the other party, at least 30 days prior to renewal, of its intent to cancel the agreement. 5. During the tlrst year of the Agreement, the CRA shall pay to the CITY up to $87,900.00 for the services provided by the CITY, payable in quarterly increments, with October 1st as the commencement of the first quarter. No later than May 30th of each year during the term of this Agreement, the CITY shall provide notice to the CRA of the amount of additional funds that will be necessary for the CRA to pay to the CITY for the following fiscal year to fund the position. Following receipt of the notice from the CITY, the CRA's Executive Director shall advise the CITY whether the CRA will fund 2 the additional costs in the CRA budget for the position for the following year, or terminate the Agreement. 6. The CITY shall provide the CRA with a quarterly report documenting the CITY's expenditures related to this Agreement, and the use ofi funds by the CITY. The report shall be provided to the CRA Executive Director no later than ten (10) days after the end of each quarter (December 31st, March 31st, June 30th, and September 30th}. In the event the CITY fails to provide the required reports, the CRA will have the discretion to withhold payment of any funds until receipt of the report. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01 {11) of the Florida Statutes. S. No prior or present agreements or representation with regard to any subject mater contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 3 12. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH, F _ORIDA City Clerk By: Rita Ellis, Mayor Approved as to Form: City Attorney A ST: e Colonna, Executive Director COMMUNITY REDEVELOPMENT AGENCY 13y: rank Wheat, Chair (SEAL) STATE OF FLORfDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this /~'`~ day of _ ~ c~z,,,~ 200 ~' by FA,~-i~~ l~~iyf~iY •-~ ~ ~/ (name of officer or agent, title of officer or agent), of ~~~-gs ~4~.?car ~F.~ _ (name of corporation acknowledging}, a _,_~~ ~~Q~ (state or place of incorporation} corporation, on behalf of the corporation, He1She i5 ersonally known to me or has produced r(type of identification as i en ~ ication. ",1~,,, h ~ "~,.,c, Notar~~'Public -State of Florida MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: August 26, 2008 SUBJECT: AGENDA ITEM 8.T. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 SERVICE AUTHORIZATION N0.07-07/MATHEWS CONSULTING, INC./SW 14TH AVENUE ROADWAY IMPROVEMENTS ITEM BEFORE COMMISSION Request for Commission approval/authorization for the Mayor to execute the service authorization #07- 07 with Mathews Consulting, Inc. for the design of 14th Avenue Roadway, Alleys, and Drainage Improvements. The cost of this Service Authorization is $81,959.00. BACKGROUND This project is in coordination with the Community Redevelopment Agency and is part of the Southwest Area Neighborhood Redevelopment Plan. Improvement of the alleys will provide rear access for future driveways, while improvements of SW 14th' Avenue will allow on-street parking. This project consists of Roadway Improvements on SW 14th Avenue from SW 1st Street to SW 2nd Street, and the adjacent alleys. SW 14th Avenue improvements include new parallel parking, landscape nodes, sidewalk, landscaping, irrigation and a new drainage system. Improvements in the adjacent alleys include new pavement and drainage. FUNDING SOURCE The funding source is account # 334-3162-541-68.05 RECOMMENDATION Approval c~Tx of DEIC.,I~v >l~l~~.cx CITY P.Q. NQ. CITY EXPENSE CQDE: CITY PRQJECT NQ. MATT-IE~'S CQNSULT, PRQJECT NQ. TITLE: SW lot°' Avenue Roadway, Alleys & Drainage Improvements This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: A~reez~lent for General Coz~sultiz~g Engineering Services I. PROJECT DESCRIPTIQN The scope of this Service Authorization is, but not limited to providing geotechnical services, survey services. final design, pez-mitting, and bidding services for the proposed roadway, alleys c`~ drainage improvements that were previously developed by Mathews Consulting and are depicted an the Preliminary Design Drawings for S~' l~ltz, Avenue (June 24Q8). `The City also instructed Mathe`vs Consulting to include on the wrest side of SW 14t~' Avenue - on-street parking, sidetiyalks arzd landscape nodes adjacent to the five (5) CRA-Qw-ned Properties and where there arc no driveways to individual properties (for example, the corner properties an the west side of SW l~-`h Avenue take access from the side streets}. Also, install swaies on the soutl2 side of SW l~` Street from the west alley to the east alley. Tl~e project limits are shown ozi Attachment A. Tl~e general. description of the work is as follows: SW 14t°' Avenue (from SW lst St. to SW 2"~ • Ne~v parallel parking and landscape nodes on east side and portion of the west side of roadway. • Minor roadway improvements to accoznn~odate the parallel parking, including new Type `F' curb & gutter az~ east side and portion of west side of roadway. 5 ft. wide sidewalk on east side of roadway. • New stormwater catch basizls and piping. * New Swale section on west side of roadway. • New landscape islands adjacent to the parallel parking. sw~aznAv~nu~sf~~t?aas t IvtATKFws eoNSUZ~r~v~ + Landscaping c~: Irrigation. * No decorative street lighting. East Alley (from S~V 1$` St. to SW 2"'~ St. • Convert existing dirt alley to .paved alley. Mono-pitch to new valley gutter & slope road to new stormwater inlet and piping. • New stormwater catch basitls and piping • Widen alley from 16 ft, to l $ ft. Right-of--Way dedicated to the City (west side of alley). • Coordinate with FPL to relocate existing power poles. • Minor drainage improvements. West Alley (SW I~~ St. to SW ~„d St,} Convert exsti~ig dirt alley to paved alley. Mono-pitch to new Talley gutter & slope road to new stormwater inlet and piping. • New stormwater Catch basnls and piping. • Al1Cy width will be 1.6 ft. • Coordinate with FPL to relocate existing power poles. SW 2°~ Street (from West Allen to SW l ~`l' Ave • New swale sCCtion on north side of roadway. * NeuF stormwater piping and catch basins to connect the East ~ West alleys and SW 1~`~' Avenue to the drainage system at the Northwest corner of SW ?"~ St1S~% I~~h Ave. II. SCQPE C1F SERVICES Phase I -Study and Report Phase Not Applicable. Phase II - Preliminary Design Phase Not Applicable. Phase III -Final Design Phase Consultant shall provide fi~~lal design phase services its accordance tivitlz Article IILC of the Agreement far Engineering Services with the City, dated March 16, 2QD4. SW14t1~Avenue8l26t2o08 ? MATHEWS CQi~SULTING 1. Field reconnaissance of the proposed project limits shall be performed. Photograph log walk-through will be included. In addition, potential underground and aboveground existing utilities will be identified.. ~. Coordination with utility agencies shall be performed to collect record information. This subtaslc includes reconciling apparent discrepancies between record infarmatian and existing photographic and field-verification information. 3. Coordination with FPL far relocation of the power pales in the alleys. This shall include up to two (2} meetings with FPL and the City of Delray Beach. Consultant shall also provide FPL with two (2} copies of design dra~vin~s at ~0°,~'0, 60010 & 100°!o stages of the project. 4. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, civil planlprofile drawings, roadway sections tivf parking and landscape Hades, alley sections. signing and marking plan, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' far plan and 1" _ ?' for profile. Consultant shall prepare the engineering design elements an topographic survey infarmatian prepared by Consultant's surveyor using AutoCt~D Release 2009 format. Drawings (four copies) shall be submitted far City review at 300/'0, 60%, 90010 and 1.000,~o staff 5. Contract documents consisting of "front-end" documents and technical specifications shall canfarrn to City of Delray Beach Standards and the FDQT Standard Specifications far road and bridge work. Suecifications (four copies) shall be submitted far City review at 30%, 60%, 90010 and 100% stages. The City front-ends will Hat be included until the 60°lo design stage, 6, At the 30010, 60%, 90°lo and 1000/"0 stages, Consultant shall prepare a detailed opinion of probable construction cast based upon the design. level of the drawings and. specifications approved by the City. The cast opinion shall reflect changes in general scope, extent ar character of design requirements incoi~aorated during the various design review stages. 7. Consultant shall attend kick-off meeting and three (3) design meetings with the City and provide a written summary of the issues discussed. 8. Consultant shall provide internal QAIC~C reviews on the 30°~0, 60°,~0, 90% and 100°lo Design Documents (e.g. drawings, specifications and cost estimates}. 9. Consultant shall furnish with the 100010 desig~a draw=ings, one (1) n~ylar set and. one (1) set of AutoCAD (Version 2009 or lower version) files in electronic format (*.DWG & *.DWF} an CD. Specifications shall be provided in electronic {PDF & WARD} format. SW14thAvenue8!26r`2008 ~, M~ITHEWS CONSULTING Phase IV - Biddin~/l~le~otiation Phase Consultant shall provide final bidding phase services in accordance ~~~ith Article IILD of the Agreement for Engineering Services with the City, dated March 1 ~, 20(I~. 1. Consultant shall assist City iz~ advertising for and obtaining bids or negotiating proposals for construction (inchzding materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract, Consultant shall provide twenty-five (25} sets of bidding documents to the City to issue bid package. The City sha11 receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Consultant shall attend mandatory pre-bid conferezzce and provide a written summary of issues discussed. 3. Consultant shall issue addenda and shall provide supplemental. information or clarification, as appropz~iate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. Consultant shall attend the bid opening, prepare bid tabulatiozz sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant sha11 submit to City a written recommendation concerning contract award. 5. Consultant shall furnish all bid information to the City in electronic format to be used in coz~junetion with "Demand Star". Phase V -Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit an Addendum to this service authorization for approval of fees for construction phase services to be provided in accordance with Section lIl-E of the Agreement with the City (if requested by City). (?ther - Permitting At the outset of the Desigzz Phase tl~e Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South. Florida Water Management District (SFWMD). A Standard General Permit application has previously been submitted to the SFVtr~MD for the Southwest Area Neighborhood which encompasses this project. Therefore a Standard General Permit Modification for this Phase of the construction shall be prepared and SW14t1~Avenue8f261?Q08 4 M.~THEWS Ct.1NSULTING submitted to the SFWMD for the SW l~lc~, Avenue Roadway, Alleys ~ L)rainage Improvements. This will include any required surface water nxanagement calculations for the proposed storznwater improvements, Associated permit application fees sha11 be determined by Consultant azxd paid by City. In addition to preparing the pez-znit applications foz° appropriate regulatory agencies. Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include tlxe follo~~~ing: ^ Attend up to one (1} pre-application zneetizxg with the staff of each of the regulatory agencies, Attend up to one (1 } meeting with each of the regulatory agencies during review of the final permit applications. ^ F.espond to requests} for additional information froze each agency. Qther - Survev Consultant shall fizrnish the services of a professional surveyor to provide suz~rey services consisting of field topograplxy and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the full right-of-~vay of the established construction limits uTi11 be referenced by baseline statiozx with an offset distance {"left or right} from baseline for the project and tivill include the following: Topography survey at 51}-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. All topographical surveys shall have stationing established froze soutlx to north and west to east where applicable. This shall be accomplished by creating a baseline in the field to collect pertizxezxt data which shall include the following: a. Location of aII visible fixed improvements within the right-of--way (including l Q- feet back on each side of the right-of-way} of the project lizxxits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, azxd other encuzxlbrances, including point of curvatrzre and point of tangency. This also includes the front two corners of the building on each lot or indication if the lot is vacant. b, Locationx of all kzaowzx above and below ground existing utilities: FP&11, ATc~T, Cable TV, Natural Gas, Potable Water (pipe diameter. TC?P, valves, fire hydrants, and meters}, Force Mains (pipe diameter, TQP, and valves}, Sanitary Sewer (pipe diameter, manlxole inverts and direction, rim elevations, laterals, and clean-outs}. Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, azxd rimfgrate elevations}, and aII otlxer accessible structures, SWZ4thAve11ue8/26f2008 5 MATHEWS Ct~NSULTINCt This will include coordination with Sunshine and City of Delray Beach. c. Identify platted rights-of-Way (including bearing and distances for centerline}, lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 50 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right-of- way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right-of=way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. e. The survey shall inchtde topography of the complete intersection, ~0 feet beyond radius returl~s, at the terminal end of each street and alley. f. Provide and refe7°ence benchmarks at maximum t00-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. g. Provide one permanent bench mark tied to State Plane Coordinates. ?. The above topographical survey data. will be prepared in t~utoCAD (Version 2Q09) tJther - Geotechnical Consultant shall furnish the services of a professional geoteclanical engineer to provide subsurface investigations of the prc?ject area that will include: 1. Perform up to ten (10} standard penetration test (SPT) borings to an average depth. of fifteen (15} feet in the project area. 2. Evaluate field data collected and provide geoteclu~ical engineering evahtation report. Other -Field Verification Consultant shall furnish the services of a professional under~rout~d services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording approximate horizontal location and vertical depth of affected utilities within the praject limits. It is anticipated that approximately twenty (`?0) utility locations wi11 need to be pot-holed. SW14thAveuue8f26/2008 6 MATHEWS CQNSULTiNG ASSUMPTIQNS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. City will provide Consultant record drawings of all available existing facilities and proposed facilities, which sha11 serve as the basis of design in this project. The information will be provided to Consultant within 7 calendar days of'~TTP. ?. City personnel will assist in field verification of affected existing City facilities. This includes painting the locations of water mains, force mains, sanitary sewers and laterals in the held for the surveyor. 3. Consultant razz assume that all existing and proposed streetscapefinfrastructure improvement alignments are within City of Delray Beach, rights-of--way or easements. ~. City will be responsible for acquisition of easez~zents (including temporary), if required. 5. City is responsible for all permitting fees, including costs of public notification in local newspapers. 6. A single bidding effoz~t is assumed. Re-bidding of the project is considered an Additional Services Item. `7. The design is to be based on the federal, state and local codes and standards in effect at the beginniz~zg of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of ~%ork. ADDITIQNAL SERVICES Consultant shall provide additional engineering services relating to the provision of sanitary, water, drainage, reclaimed water and streetscape improvements to the project area that are not covered under this Service Authori~atioza. These additional services may be required due ~to t>xicertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, permitting regulations, and potential property or easement acquisitions. Services performed under this task wi11 be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. Tl~e I~~otice-to-Proceed issued shall contain tl~e following information and requirements. SW14thAvenue8t26I2o08 7 I~1ATH~WS CONSULTIi~TG A detailed description of the work to be undertaken. A btadget establishing the amount of the fee to be paid in accordance with the Agreement. A tune established for completion of the work. III. TIME t~F PERFCll2:MANCE The completion dates for this svoik tivill be as follows (starting at written notice-to-proceed). Refer to Attachment B - Project Schedule. Eil~ineering Services Time der Phase Cumulative Time Survey 6 weeks 6 weeks Phase III -Final Designt~t 2~i weeks 32 weeks '~ Permittingt~t 6 weeks 3~ weeks Phase IV -Bidding $ weeks 42 weeks (i) Geateelzrzical and Field t'er•if icatiara will lre carrapleted chcrira~ Phrase III -Final I?esign tirrze Periad {?) Perrruttirag u,,ill be started dzartrag Phase III -Final I?esigra tirue Periad * The schedule is based upon conducting a review meeting ~%ithin 7 calendar days after Cite receives the Submittal. All review comments shall be provided to Consultant withit~l 7 calendar days after City recei~Fes the submittal. An adjustment to the overall schedule will be required in case the revie4v meeting takes larger to be conducted and/or obtaining comments takes longer to receive. IV, CQlYIPENSATI4N The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article ~rII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment C for fee break-down, En ing eerin~ Services Estimated Fees Phase III -Final Design Phase ~ 52,505.00 Phase IV -Bidding $ 5,822.00 Permitting ~ 1T72...00 Surveying $ 12,980.00 Geoteclulical $ 3,850.00 Field Verification 2.530.00 C}ut-of-Pocket Expenses 2,500.00~~~ Additional Services ~ 15,000.00 TOTAL PRQJECT CAST ~ 81,9ti9.00{`~ Ivates: ItI Uzat-o~Packet ExPerzses include the_falla~ing. Pr°iratirzglrepradzaetian arzd passage. I~~Tatal project cast does rat inelzzde the ,~h,Zttlt?.~ar; idditiaraal Ser~.~rces (`z~'azrtharized big tlae ~'ity=). S~~I~t17Avez~ue8%2612008 8 MATHEWS CUNSLTLTING This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas 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. Tlxe Consultant may conuxxence work on any Service Authorization approved by the City to be included as part of the contract w=ithout any further notice to proceed. Approve by: CITY QF DELRAY BEACI-I: MATHE~~S CC)NSULTING, INC. Date: Date: Rita Ellis, Mayor David Mathews, P.E., Vice President GVitness Attest: Approved as to Legal Sufficiency and Fornx STATE CAF FLORIDA CC)LTNTY (JF PALM BEACH The foregoing instrument was acknowledged before me flxis day of , 2008 by David Mathews, Vice President of Mathews Consulting, Inc.. a Florida corporation, orx behalf of the corporation. HefShe is (personally known to me) o.r (~lxas produced identification), Florida Driver's License and (didfdid not) take an oath. Signature of person taking acknowled~~~ lent SW1~thAvenue~f"?6f2N8 9 MATHEWS Ct~NSULTING 929~' Sti }~ r ~, s. ~ _ j ~ ~ N9IS~a .il~vnun~ ~~aa E ~ ? ;~ ~~ ~ ~ ~ ~ ~ u~~ s~ ~~ffi ~~ - , ;b ; ~~ ~ $ h { ~ Y .a ^ .~ s ~QC7~Q"~ ~ ~. a ~ k ~A ~^ ~ , ~ ~ _t.. V I~~ " l I ~ $~ ~ ~~ m~ ~ , € . ~ i ?'~ p_ ~ ~ ~T F i Gt a :. ~ ~~ ~ {~ y E ~ ~ t (_ _, ) t Fy ~ P A t ~ ~S ~ x~ i E ! i \ 4. ~ ~ Ii i. -Ii~Y~-ski l~ K'' 1 ~ ~+1~g ~-.3s-~ _ -@ QOM- ~ • «• ~ ~ ~ . s_ a~~~_=__ _~ ,. P J y ~ ~ .~ _.' 3_...i~ e ~ a ! - i..i J ~. 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V7 a c 0 c E ~~ ST. .. ... .......... t~ ~ ~ CITY of DELRAY BEACH LOCATION MAP DATE: 08/26/2008 ~b ENVIRONMENTAL SERVICES DEPARTMENT S SW 14TH AVE AND ALLEY IMPROVEMENTS SV111HRl4kaAIfYINPflfl'flflfNiS ~ Qp O©p 434 30UTH 3WINTON AVENUE, DELRAY BEACH, FLORIDA 33444 2006-005 1 OF 1 sr. ~~~:. MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: August 27, 2008 SUBJECT: AGENDA ITEM 8.U. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 FIRST AMENDMENT TO AGREEMENT/PALM BEACH COUNTY/DELRAY BEACH ROCKS FOOTBALL AND CHEERLEADING TRIP ITEM BEFORE COMMISSION First Amendment to Agreement between Palm Beach County and the City of Delray Beach for Delray Rocks Youth Organization Football and Cheerleading trip. BACKGROUND On March 11, 2008, Palm Beach County entered into an Agreement with us to provide Recreation Assistance Program (RAP) funding in an amount not to exceed $3,000 to assist with the cost of the Delray Rocks Youth Organization football and cheerleading trip to Daytona Beach, FL on November 21-24, 2007. The annual event is hosted by the National Youth Football Championships (NYFC). The City of Delray Beach requested a time extension to this Agreement in order to complete the reimbursement documentation. Palm Beach County agrees to extend the term of this Agreement until October 30, 2008 upon execution of this First Amendment. RECOMMENDATION Parks and Recreation recommends approval of this Agreement with Palm Beach County. THIS AMENDMENT is entered into on , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred tv as "County", and The City of Defray Beach, a Florida Municipal Corporation, herein referred to as "Delray Beach". WITNESSETH. WHEREAS, on March 91, 2008, County entered into an Agreement (R-2008-04'17) with Delray Beach, hereinafter referred to as "Agreement" to provide Recreation Assistance Program (RAP) funding in an amount not to exceed $3,000 to assist with the cost of the Delray Rocks Youth organization football and cheerleading trip, hereinafter referred to as the "Project"; and WHEREAS, Delray Beach has requested that County extend the term of the agreement from June 3, 2008, to October 30, 2008, in order to extend the time for the completion of reimbursement documentation; and WHEREAS, Delray Beach has requested that County extend the Project time frame and completion date from November 1, 2007, through March 3, 2008, to November , 2007, through June 30, 2008, in order to allow for additional time to accommodate dates of payment; and WHEREAS, the Project will benefit all citizens of Pafm Beach County. NOW THEREFORE, the parties hereby agree as follows: 9. Section 7 of the Agreement is amended to read, "The term of this Agreement shall be until October 30, 2008, commencing upon the date of execution by the parties hereto. 2. Section ~ fl of the Agreement is amended to read, "Delray Beach must complete the Project by June 30, 2008, and invoices and checks submitted for reimbursement must be dated within the project time frame of November '[, 2007, through June 30, 2008. Delray Beach shall provide its final reimbursement request(s), including a project completion statement and reimbursement documentation as indicated in Section 2 above on or before October 30, 2008. 3. Except as provided herein, each and every other term of the Agreement shall remain in full force and effect and the Agreement is reaffirmed as modified herein. IN WITNESS WHEREOF, the parties, by and through their duly authorized agents, have hereunto set their hands and seals on the date indicated above. WITNESSES: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Dennis ~.. Eshleman, Director Parks and Recreation Department ATTEST: CITY OF DELRAY BEACH By: Deputy Clerk By; Mayor APPROVED AS TO FORM ANO :! Name of Mayor: ::A~ o~ lZ"~~-c~. ~-~ ~~ s Name of City Manager: ~~~ `~ '(`• ~~~~,~ Project Liaison information: Name: ~~~C•- ~ ~U- ~• C.~S Telephone #: 5lra! ~ ~~3~~3~ ~ Fax #: Ala } - ~ ~3 ~~ ~~~-- 4N ~ ATl PRaJECT tIVFOR ~ . Name of Project: Defray Rocks Youth Organization Football and Cheerleading Trip to Sports Network Football and Cheerieading League Championships 2. Project Description General (Project Scope): ~ ,~; 5 c~~nnuCx ~ ~.~~;r~ i s ~~sk~..~ ~4~ `~'~E a-~Ct o~ a 1 ot~-~n ~a ~a11 L1rta ; o~nS~n.~ s C ~ ~ ~rC~ -,-, ~ ~h~ .Ft... e~ a~. ~1- ~ ~'.~' .ooh , ~e. ~~ I ~~ ~cacl',~ s Public Purpose: S ~~~~ ~rcav: GRAS La- ~S•+-~~~ ouk~~-1- ~~' ~~, ~c:~-~~ e1~ ~.k ~ say-rye, t~ r~ ~ ~~v~E r~ ~-~er~-~ 4 Location: a Anticipated Number of Participants/Users: ~~~~~ ~~~-~-iL'~t~f~`~ 3. Project Elements: List anticipated broad categories of Expenditure Items such as capital outlay, contractual services, personnel casts, operational expenses, equipment, and "Other Miscellaneous Project expenses". Do not in~c~ude ex enditure line item bud et/ amounts, ~~ ~~~ ~g ~.~s 'k ~~-~'o~ Yew 4. Estimated Lump Sum Total far Project: $ ~ ~~'~ , C~ b, Project Initiation date (date of first invoice for which reimbursement will be requested} and anticipated End date {date which project will be completed and all invoices paid). ~.~tx`x ~ to ~.oo Nate; invoices and copies of proof of payment documents will be required for PrajectfPragram reimbursement after the RAP Agreement is approved by the Board of County Commissioners. Do not submit reimbursement documentation at this time. After the Agreement is approved, and the reimbursement request is submitted, ail invoices and checks must be dated within the stated project time frame AND Categories far Project Elements must be listed in Section 3 above in order to be eligible for RAP reimbursement. 6. Required A~~achmei~ts: Certificate of insurance _.,_~__ Amount of Recreation Assistance Program Funding awarded $ 3 ©QO District 7 {filled in by County] Form available online by request. Contact Susan Yinger at ~inger(c~pbcaov.cem ~2 .3 . ,: - • ~~©R~9 Department of Packs and Recreation 2700 6th Avenue South Lake Worth, FL 33461 (561) 966-6600 Fax: (56l) 642-2640 www.pbcparks.cam Palm Beach County Board of County Go~nmissioners Addie L. Greene, Chairperson Jeff Koons, vice Chair Karen T Marcus Hobert J. Kanjian Mary McCarty Bart Aaronson Jess R. Santamaria County Administrator Robert Weisman "rin E'qualOpporturrtty Affirnraiive Action Employer" printed on recycled paper October 24, 2007 Mr. David Ricks, Pompey Park Site Supervisor City of Delray Beach 1103 North West 2~d Street Delray Beach, FL 3344 RE: PALM BEACH COUNTY DISTRICT 7 RECREATION ASSISTANCE PROGRAM FUNDING FOR THE DELRAY ROCKS YOUTH TRIP year Ivtr. R~Cks: Commissioner Addie L. Greene has requested that staff develop a project Agreement in an amount not to exceed $3,000 from the Recreation Assistance Program (RAP) ~-District 7 to assist costs for the Defray Rocks Youth Organization trip to Daytona Beach to participate in the Sports Network Football and Cheerleading League championships. [n order that eve may prepare the Agreement, please complete the attached Project Information f=orm, which will serve as Exhibit "A" to the Agreement. Funding will be provided on a reimbursement basis after the Agreement has been executed by both the City of Delray Beach and Palm Beach County and upon completion of the trip. The Delray Racks program must be open to the general public on a non- discriminatory basis regardless of residency. Required Attachments to the Agreement include a certificate of liability insurance naming Palm Beach County as Additional Insured and a certificate evidencing Workers Compensation Insurance and should be returned to us along with the attached Exhibit "A" form. Upon receipt of the completed Exhibit "A" Form and certificate of insurance, we will prepare the Agreement and forward it to you far execution and return to this r?eMartr^°nt nrir,r rc oG,r I,Iacing It an the agenda far approval by the Board of County Commissioners. Please contact Susan Yinger, Administrative Support Manager, at 966-6653, if you have any questions an the requested information ar the Agreement process. On behalf of Commissioner Greene and the Board of County Commissioners, we [ook forward to assisting with the funding of this youth trip. Sinter , ~~ Dennis L. Eshleman, Director Parks and Recreation Department DLEISE",fY Attachments: Exhibit A Farm for Completion and Return Capy to: Commissioner Addie L. Gree3 ~e, District 7 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 29, 2008 SUBJECT: AGENDA ITEM 8.V. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 PROPOSED SEVERANCE PACKAGE ITEM BEFORE COMMISSION This item is before Commission for approval of a proposed severance package. BACKGROUND The City Commission discussed a proposed severance package at the August 26, 2008 workshop meeting. Since we may actually lay off some employees this year, we should put in place an appropriate severance package. Also, we have some employees who are in the DROP plan or otherwise not eligible for early retirement who would be interested in leaving City employment if an appropriate severance package were available. We will especially focus on positions which we could leave vacant for the coming year. The proposed severance package will be structured as follows: • One week's pay for each year of completed service with a minimum of four weeks and a maximum of twelve. Continue medical insurance benefits for the length of time for which severance is paid. Accrued vacation time will be paid in full. • Accrued sick leave will be paid in accordance with City policy for employees who resign with notice or retire after 20 years or more service, whichever is appropriate. RECOMMENDATION Recommend City Commission approval of the proposed severance package. MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph M. Safford, Finance Director THROUGH: David T. Harden, City Manager DATE: August 29, 2008 SUBJECT: AGENDA ITEM 8.W. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 AGREEMENT/ANNE M. GANNON AS TAX COLLECTOR FOR PALM BEACH COUNTY ITEM BEFORE COMMISSION City Commission is requested to approve an agreement with the Palm Beach County Tax Collector to receive 1% fee for the billing and collection service provided on the tax bills for our storm water utility. BACKGROUND The City of Delray Beach presently bills the storm water utility costs on the tax bills as a non-ad valorem assessment. Currently the Tax Collector receives a 1% fee for this billing and collection service. The Tax Collector has requested the attached agreement be executed to support this service. RECOMMENDATION Staff recommends the execution of this agreement to support services and fees provided by the Tax Collector. ANNE M, G~NNoN lrax co~t~Cra>~, ~~~» a~a-CH counrrY Downtown Branch 301 North Olive Aveaue West Palm Beach Glades Branch 2976 State Raad 15 Belle Glade North County Branch 3188 PGA Baufevanf Palm Beach Gardens Lake Worth Branch 3551 South Military Trail Lake Worth South County Branch 501 South Congress Avenue delray Beach Royal Palm Beach Branch 200 Civic Center Way Royal Palm Beach Governmental Center • 301 N. Olive Avenue, 3rd Floor • West Palm Beach, FL 33401 Mailing Address • Past Office Box 3715 • West Palm Beach, FL 33402-3715 www.taxcollectarpbc.com • Tel (561) 355-2264 • (561) 355-4123 August 14, 2008 Delray.Beach Storm Water Utility City of Delray Attn: Finance Director 64 S.E. 5~` Avenue Delray Beach, FI_ 33483 Dear Finance Director: On .fungi 26, 2008, the Tax Collector's Office forwarded a second notice for an agreement for the implementation and collection of non-ad valorem assessment billings. We have not received the agreement from your agency. If you have any questions regarding the agreement, Tease contact me at 561-355-2023. Sincerely, --- Gloria Freeman, Accountan# Finance & Budget GF A#tachments HlAccountantlLetterlAgreement Letter-3rdNotice AGREEMENT THIS AGREEMENT made and entered into this day of , 2008 by and between Anne M. Gannon as Tax Collector for Palm Beach County, and Dekay Beach Storm Water Utility for the implementation and collection of the District non-ad valorem assessments billing as follows: 1. The shall meet all the requirements of Florida Statutes 197.3631 and 197.3632 for the implementation of the District's non-ad valorem assessment billing. 2. Upon the performance by the requirements of the above statutes and this Agreement, the Tax Collector agrees to implement the District's non-ad valorem assessments billing and collection. 3. The further agrees that it shall provide to the Tax Collector . compensation for the actual cost of collecting these non-ad valorem assessments as provided in Florida Statutes. (F.S. Section 197.3632 (8) (C}. Since the actual costs of collection cannot be precisely determined, the parties agree that one percent {1%) of total collections will be considered the costs. ~. This Agreement shall be in effect for the tax year 2007 and subsequent years thereafter unless canceled by either the District or the Tax Collector by giving notice in writing to the other by January 10th. 5. This Agreement may be modified by both parties in writing provided such modifications are agreed upon prior to any notice of termination. 6. This Agreement shall be changed, modif ed ar amended in writing as necessary to conform with any new statutory requirements when and if enacted into law. DATED this day of By: Anne M. Gannon, as Tax Collector for Palm Beach County ATTEST: 2008 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 28, 2008 SUBJECT: AGENDA ITEM 8.X. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 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 taken by various Boards during the period of August 18, 2008 through August 29, 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 Planning and Zoning Board - Meetin o~gust 18, 2008 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. - Recommended the transmittal (4 to 0, Joseph Pike, Chuck Halberg and John Miller absent), of Comprehensive Plan Amendment 2008-WSP1 to provide fora 20 Year Water Supply Facilities Work Plan. - Recommended approval with a condition (4 to 0), of a conditional use request to allow the establishment of an instructional martial arts facility within a 2,565 square foot tenant bay for XF Martial Arts at Delray Corporate Center, located at 2875 South Congress Avenue. - Tabled (4 to 0), the City initiated amendment to the Land Development Regulations Section 4.1.4 (D) "Use of Lots of Record" to clarify when 40' lots of record can be developed, and Article 4.7 "Family Workforce Housing" Section 4.7.12 "Other Incentives" to eliminate prescribed designs for workforce housing units on lots of record that have at least forty (40) foot of frontage. - Recommended approval (4 to 0), of a City initiated amendment to the Land Development Regulations Section 2.4.3(B) "Standard Plan Items", Section 2.4.3(M) "Credentials for Preparation of Certain Submission Items" and Section 4.6.8 "Lighting" to provide for new lighting standards. - Recommended approval (4 to 0), of City initiated amendments to the Land Development Regulations (LDR) to 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 a building permit has been issued for the associated Redevelopment Plans. - Recommended approval (4 to 0), of City initiated amendments to the Land Development Regulations (LDR) amending Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, `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 (4 to 0), of City initiated amendments to the Land Development Regulations (LDR) for Section 2.4.3" Submission Requirements, Subsection (K) "Fees" to provide fees for extension requests; Section 2.4.4 "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsections (D), "Establishment of Project Approvals", (E), "Expiration of Approvals", and (F), "Extensions", to provide for the expiration and extension of time for Class I, Class II, Class III Site Plan Modifications and Certificate of Appropriateness. Site Plan Review and Appearance Board -Meetin of~August 27, 2008 A. Approved (6 to 0, Mark Gregory stepped down), a new blanket sign program for the Fleming Building, located at the southeast corner of East Atlantic Avenue and SE 6th Avenue (600 East Atlantic Avenue). B. Approved (7 to 0), a master sign program for Ed Morse Toyota, located on the west side of South Federal Highway, south of Linton Boulevard (2800 South Federal Highway). C. Approved with conditions (6 to 0, Andrew Youngross stepped down), a Class II site plan modification, landscape plan and architectural elevations associated with building facade improvements, landscaping and parking lot improvements and the partial demolition of an existing building for Delray Square II, located on the east side of Military Trail, north of West Atlantic Avenue (14600 Military Trail). Historic Preservation Board -Meetin of~August 20, 2008 1. Approved with conditions (5 to 0, Keith Snider absent), request for a Certificate of Appropriateness associated with minor additions and alterations to a contributing structure located at 1023 Nassau Street. Concurrently, the Board granted variances to allow a reduction of the side yard setback from 7' 6" to 6' and from 10' to 4' S" for the rear yard setback. 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 with a condition to the City Commission (5 to 0), the Ad Valorem Tax Exemption Application (Parts 1 and 2) for improvements to the property located at 214 SE 7th Avenue. - Recommended approval with a condition to the City Commission (5 to 0), the Ad Valorem Tax Exemption Application (Parts 1 and 2) for improvements to the property located at 515 North Swinton Avenue. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map N ~PRAR A. FLEMING BUILDING B. ED MORSE TOYOTA C. DELRAY SQUARE II HPB 1. 1023 NASSAU STREET ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT SEPTEMBER 2008 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\9-03-08 --olslraLeaseMaPSVSrEnn-- MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: August 27, 2008 SUBJECT: AGENDA ITEM 8.Y.1 -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 BID AWARD/OCEANSIDE BEACH SERVICE INC/BEACH CABANA AND EQUIPMENT ITEM BEFORE COMMISSION Consider approval of a bid award to Oceanside Beach Service, Inc. for the rental of Beach Cabanas and Beach Equipment at the City of Delray Municipal Beach. Contractor shall pay the City of Delray Beach a flat rate of $12,345.67 per month plus sales tax. BACKGROUND Sealed Bids were received August 1, 2008 from four (4) vendors, opened and publicly read, all in accordance with City purchasing procedures. A tabulation of bids is attached for your review. Vendors that submitted bids are: Oceanside Beach Service Inc. $12,345.67/month Boucher Brothers Delray Beach, LLC. $ 9,583.33/month Paradise Beach of Delray $ 5,600.00/month Toby's Concession Services, Inc. $ 4,700.00/month Oceanside Beach Service, Inc. not only is the high bidder but they have been renting beach cabanas and equipment on the City of Delray Municipal Beach for the past six years. During that time their service has been satisfactory and recommendation or complaints were corrected as soon as possible. Attached is the bid package for Oceanside Beach Service, Inc. All documentation for the remaining (3) bidders are on file in the Finance Department, Purchasing Division. RECOMMENDATION Parks and Recreation recommends awarding this bid to Oceanside Beach Service, Inc., for rental of cabanas and equipment at the City of Delray Municipal Beach. # ~ Q W W a o ~ 0 Q J E ~ ~ ~1 ~ w em ~ ~ ~ ~ ~ ~~ ~- ~ u r ~ ~ , W a a ~ ~, ~ F ~ ° .~ ~ ~ ~= ~ ~ m ~ ~ ~ ~ ~ W ?~© es; ~ a ° ~ v, m © o ~ ~~' ~' ~ ~ v z ~~ ~ ~ . ~ ~~ ~ m w ~ x ~ Z C ~ a `~ ~ ~ ,u U ~ ~ c~ ~ ~ ~ © ~ ~ a ~ ~ ~ ~ ~ z W ~ d t~ w m ~. ~ ~ ~ ~ ¢¢ i~ ~ ~ m ~ ~ Ri ~ :Ci iY~t ~ Q m ~ ~ ~ O s- O a • s +e a~ ~ Z m~~~ ~~~ ®~~ ao~~ ~~~ d~o~ t ~. ~s. .. F Z l~I~ O r~ ~/ O ,.1 ~ ~ ~ ~ ~ B m m ~. m 4 4 V <. a' ''~~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ^~ ~ -~ ~ 0 ,~ ~ .7q v •~ ~ V rte. ~ .~ ~ ~ Q ~^ ~'Y O r~ Q ~ ~ N -:. ~s O '~ ~+a .. ~ a7 Q ~ ~ i~ .~ -~ ~ ~ © ~. ~ ~, ,~ ~.. ~ ~ ~ ~ ~~ r CITY OF DELRAY BEACI-~ BAD #2005-4S RENTAL OF CABANAS AND BEACH EQUIPMENT FOR THE PUBLICLY OWNED BEACH SCHEDULE OF PRICINGIBID FORM CONTRACTOR SHALL PAY THE CITY OF DELRAY BEACH A MINIMUM FLAT MONTHLY RATE AS FOLLOWS: ~7 MINIMUM FLAT MONTHLY RATE ................ ~ ,~„ ~ ~, 3 `~ ~ Pcr Month NOTE: APPLICABLE FLORIDA STATE-SALES TAXES SHALL BE ADDED TO ABOVE FLAT MONTHLY RATE. VENDOR: C~'GflVS - C~tG DATE: ~ 1 ~ /~ S 19 Bid #2008-45 a. Co~rQ~ ~ERTIFICAT~ C~-F LIAB~~!'1 ~ndersvCVd l~dersnn & AsBac Inc E~.Cl. DrB,we€r 9578 88asaaa3,a FL 325.3-5578 ~~iaa>! 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FAACCItrF.teT i AkY AU#1C1 b,R,~ ~,~,~ ACC Y AEl'1'0 ONLY: AR8 ~ EJLCFNIHREI.LAL448tLFTY 0CGUt2 ~ CLAtM9 MAO& ~CEIOCCURRRNCl: ~ T AC>:pRHGA'~H S >7EDU4"i'ECLH i i RHTM T $ 11`ORISER9 CRidPlMSA'11bN ANb ~Lp1'6Ft8' 1JAB~LRY RY ~ BfFnF.l~flBl~~ ~~yCEOUTNE 6A.HACHACCII~MT i ~~ c~ ~ €.L.flFSEASE.EAEMpkbY+:@ ; ne~r ar~€s>; s.k.~ls-Pa~.iGytn~~r a PP.SCREPEEraN aF CiFdtA'li01t4 r 1.gr,Ai1GK8! Y!wlUCLEB -EXCktISEOMS ADCBD BY ~ 18P~Ak VRI~V[SFpllq ~9iiRZ7 BAzYY3C~ 8i1B PCC~. Axee~ Mtt~n1~9Yt837CK! C~R'i~~1CAT5 Ho1.l~ER CANCEI.IA'Tt01+1 CZDgLRA EtI09k11 AHY OF THH ASGIrH DESC!lt9Hh pOLEC1L8 6~ CANCELLED aHFDRH 7HE EIIPIRATlCN DATE TNERGOP,gHH ISSe~Nfi INSURER WIU. EIIbHAYOR TA RtAfL 3Q iIAYSY~€UT[HN li073Ck T~DtRE CERTifiCA'rE NALD6R NANF.D ~ TiS~ l.E;r t, BlirC PMt#RE T4 tid sd SfiJ4t.L C~Gy G~ I7el~'Ay ~ipb:d~,t ENP08ENDG8tJtiA7fCltoRUABtL1TYQFANYiDffDUPCIi'CHHIHBUREtrtilT3At~HMBGR xaO rr.tl~, ia~.ret aqa. REPRes€NrxTIYH9. IIel,ray 8aaah FL 33444 orat.HD eNTx ACBRb ~5 C~9a1198) ®ACCirZC? CORP~ItAT14N ipBB STANDARD FORM OF AGREEMENT BETWEEN GITY AND GONTRACTOR THIS AGREEMENT made this day of between the CITY OF DELRAY BEAGH (hereinafter called CITY} and (hereinafter called CONTRACTOR). WITNESSETH: 2008, by and The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has careful#y examined all Contract documents, and wil# perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, 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 all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS - lnvitatian to Bid Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sample Insurance Farm Drug Free Work Place Certification 5peci~catians Proposal (Schedule of Pricing; Bid Signature Page Statement of No Bid References PAGE NUMBERS 1-5 6-10 11 12 13 14 15 16 - 18 19 20 21 22 G Bid #12008-45 CC7NTRACT DOCUMENTS (cont'd) Addenda numbers _ to ,inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shat! 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. B. All notices, requests, demands, and other given if personally delivered yr mailed, certified mail, return receipt requested, to the following addresses: As to City:. City of Delray Beach, FL 900 NW 9st Avenue Delray Beach, FL. 33444 As to CC)NTRACTDa: ~, ~, ~o~ f„3cal~ 7. The CONTRACTOR shat! not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR sha!! not assign any moneys due or to become due without the prior written cvnsertt of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other parry hereto in respect to all covenants, agreements and obligations contained in the contract documents. ~ Bid #2008-45 9. In consideration of ten dollars (~1 Q.l]0~ and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received Qr sustained by any person or persons by or in consequence of any negligence {excluding the sole negligence of the CITY), reclflessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or casts caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful 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 GONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to de#end, indemnify and save harmless the CITY from ail such claims and fees, and from any and all suits and actians of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or casts for any invention or patent, and from any and all shits 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. The indemnification provided above shall obligate the CONTRACTOR to defend at his awn expense ar to provide for such defense, at the CITY'S option, any and all claims ar liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by ~ BED zoos-~s anyone directly or indirectly empioyed by either. This indem€~ification includes a## casts and fees including attorney's fees ar~d costs at trial ar~d appel#at~ #e5re#s. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuabie consideration as specific considerafiior~ for the indemnification provided herein. Furthermore, the CONTRACTOR acKnowiedges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered nu#I and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. g Bid #200&45 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk CITY aF DELPAY BRACH, FLORIDA ey: Approved as to form: City Attorney V111TNESS: (Print or type name and title) Rita EIlis, Mayor C4NT TO . BY: ~ ~~ ~,~s~ (Print or type Warne and title) (SISAL) ltl Bid t#2008-45 CORPORATE ACKNOWLEDGMENT STATE OF `iCo~.~c~~ COUNTY of ~,+-~,~ ~k ~ac~ . The foregoing instrument was acknowledged before me this 3 yid day of ~ ~ ~ _ _-, 200$, by ~. i c~-~r,...~. ~ ~.4 r~ ~ ;rr.`~"iC~name of officer or agent, title of officer or agent), of ~CCC~~'Sr`~ a.e~_~e~'~-`c~..Ln.C. (state or Mace of incorporation} corporation, on behalf of ti•-e corporation. ~he is {personally known to me) tar has produced identification} and has used 'rs er e of identifcation) as identification. ~~" ~ i~ ~ ~ ` d.~....~' Signature o erson Taking ~'~""' Acknawledgmertt o A ~ ~ il...d ~ , ~ ~,~ t Name of Acknow edger~y-pe '` r~ Printed or Stamped ~ `'~~~ ~~e~~' Jt?ANNE RUFF Ld ~' ~ ~~,~, ~ctary Public -State f Fi rich • ~sy Commission dcp. Ja , 21192 ;`~~~. * . ~~ Gom~ionD X72 _~. ~ ry '•~„`t: Bid #2008-45 CERTIFICATE (If Corporation) STATE OF FLORIDA } } SS couNTY of ) ! HERE~iY CERTIFY that a meeting of the Board of Directors of d~ ~q,,,,~s •~-c~,. .~..~ Sc ~~. .~~-. , a corporation under the laws of the State of s ~` f cs2,., y ~- held an -- ~~. -~f , 2D~08, the following resolution was duly passed and adopted: "RESOLVED", that !~~'~-~*-~ 1 ~ J/. v.•tk•; as ~r7cs-r7~--~T ~~ Pre ident of the corporation, hefshe is hereby authorized to execute the Agreement da~ed ~`'~ , ZOAB, between the City of Delray Beach, Florida and this corpor ion, d that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shah be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official ~.~' seal of the corporation this ~~ day of .~ , 20118. (Secretary} (Seal) 12 did #2©08-45 .: *~'~**.; :. _' Date: August 27, 2008 Subject: Bid ~ 2008-45 Rental of Beach Cabanas and Beach Equipment After reviewing the three highest bids 1 would recommend that the bid he given to the current vendor Oceanside Beach Service. I find that the second highest bid, Boucher Brothers, Delray Beach LLG, to be a very sound and professionally Y~nanaged company and could be a benefit to Delray Beach. The fact that we have na files of concern ar complaints for the last four years is why l recommend that we stay with the current vendor, Oceanside Beach Services. A stricter enforcerr~ent of the conditions of the contract must be enforced by City staff. ,__ ~~ E ~, ;'rh7feci an F~c:~~yc•1c;rl !'raper' MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: August 28, 2008 SUBJECT: AGENDA ITEM 8.Y.2 -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 PURCHASE AWARD/TEN-8 FIRE EQUIPMENT, INC. ITEM BEFORE COMMISSION City Commission is requested to approve, the purchase of one (1) 2009 Pierce 100' Platform on Velocity Chassis through Ten-8 Fire Equipment, Inc. of Bradenton, Florida in the amount of $389,944.50 per proposal #9046 . BACKGROUND This unit will replace a 2002 100' Skyarm with multiple maintenance issues, that has been out of service for almost a year and half, since delivery in 2002. Ten-8 Fire Equipment, Inc. has been in possession of this vehicle for the past (6) six months. It is unrepairable, and a liability to the City with high maintenance cost. Its unreliability is affecting Fire-Rescue Operations. Proposal #9046, in the gross amount of $914,145.00, includes deductions in the amount of $524,200.50 (see attached proposal). Pierce is offering a 50% trade-in allowance on original purchase of the 2002 model in the amount of $375,577.00. Also, a discount is being offered for the maintenance costs ($207,777.00) in the amount of $103,888.50 (half of the total cost incurred). The purchase price is in accordance with St. John's County RFP #07-53. We are responsible for the net remaining balance in the amount of $389,944.50. FUNDING SOURCE Funding is available through the Central Garage Fund in account #501-3312-591-64.25 RECOMMENDATION Staff recommends City Commission approve the purchase of one (1) 2009 Pierce 100' Platform on Velocity Chassis through Ten-8 Fire Equipment, Inc. of Bradenton, Florida in the amount of $389,944.50 through St. John's County RFP #07-53. CITY OF DELRAY BEACH PRICING COMPUTATION Item Date Description Deduct Add 1 One New 2009 Pierce 100' Platform on Velocity Chassis per proposal #9046 $914,145.00 2 Less Trade-in 2002 Pierce Dash Skyarm *Based upon standard structured trade amount of 50% of original sale amount fora 5 year old vehicle. (Note) Trade in vehicle will be 7 years old in 2009. Normall trade value would be 35%. $375,577.00 3 Adjustment for additional maintenance costs incurred on the 2002 Skyarm. Amount based upon 1/2 of total cost incurred of $207,777.00 $103,888.50 4 Discount based upon accessing St.John's County contract per RFP 07-53. Discount provided to meet St. Johns County Contract price level of 3% Above Federal GSA price. $44,735.00 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 $524,200.50 $914,145.00 Net Due COD Delray Beach, FL $389,944.50 s~ t.®ffi~~IlEIl~ IeA~~ Crastoenera Delray Beach Fire Depar~z~~tt Bld l+tamber: 9846 Repre~t3v~: "I'icn Suits DB 'Vs~rsion: 220241 ®rg>i~l~atiotr: Pierce lvlanufactvria~ lno Hid Dane: Sr11f2008 Contk-act i4dlniu: lvis l~uanleer: i2~criptfon: Deiz-ay Beach. )Fire, De~aetrt Ba~y:Chass~is» Aerial, Plat~vrcn 100', Alum Bo Velociky Clcassis, PAPISkyAxx~€a/M 1 00D0t]03 )$oiler plates, Aerial 1(10' Plat£orm€ l 2 00111180 Sitkglc Source CatYSpiianre (Aerials) 1 3 Ofl2>3fl79 Match Not Ltequired I 4 0062301 Comply Nl`1PA 1901 Changes Efl~ive Jas I, 2004 1 5 001277 t StnckTDetno No Fire Inerrt 6 0fl20748 Quiaat Fire Appa~ius 1 7 (1588612 Vehicle Certification, Aerial w/Aurup 1 8 0588609 Vehicle Destination, US/Expott l 9 D588623 Agenacy, Apparaikrs ~rtifieatioq Aerial w!1'ump, U.L. 1 14 0537375 Unit of Measure, U3 Ga~uns 1 11 00110007 Approval Drawing 1 12 Ofl300fl8 Warranty, Cusko~t Chassis 1 13 0529328 Bid Band, l0%, Pierce Built Chassis 1 14 flfl0fl00Es Per~ance Band, l00 Percent 1 15 D5D8413 Yelactty Chasers, PAP/SkyAr~(B~g I31ock) 1 6 0040109 SeakisAg Capacity, Cab 6 i7 0000110 Wheelbase 1 Wheelbase - 266.Sfl l8 000Dfl70 GVW L irkg Ra 1 lea ~yy, ~ p f 19 OOOfl203 Frame Rails, 13.38 x 3.50 x .375, Dt,X/Q4VF,n1"IAXT/lmplVel I 20 0064637 Frame l,irter, inrr "L" 12.88" x 3.00" x 25°, AXTNeUtmp, Full ~ 1 21 fl5D8849 Axle, Front, ©sttkoskr TAK-4, Non Drive, 22,800 lb, lrksislVel 1 22 0000322 Oil Seals, Front Axle 1 23 0087572 Shock Absorbers, IC.©Nl, on TAFG~ DLK1t~km/AXTIF,nffItttp/llel 1 24 0530481 Axle, Rear, Metit~r RT58-185, 58,0DD lb, Velocity 1 2S 0530524 Warranty, Axle, Rear, 1~lerihcnr, Z Yeas Parks and Labor 1 26 00004b9 Top Speed of Vehicle 1 ~~T -~7 27 t1t1004$S Oil Seals, Rear Axla 1 28 D010427' Suslsensio~i, Frotrt X'AiK-4, 22,800 lb, DLXII}nf/Qttn/AXTltmp/Vel l 29 0021100 Sus~q Rear, Dynalastic 2025, 58,00D lb 1 30 0Ci10873 ABS Wabco Brake Systsur, Tandcrn rear axle 1 31 00301$. Braes, Knotr/f3enudix 17", Disc, Fre, TA11;-4, b1~X/linf/~Im/A3i.Tllrnp/Ve1 1 32 00€)0730 Brakes, Mentor, Cate, Ree:r, 18.50 x 7.00" t 33 0001220 Ettgiae Brake, ,)scuba 1 Switch, Engine likake _~. ~ + 34 0020784 Air Caattpressar, Brake, CumminslWabco 18.7 CFM 1 35 ODOf1794 Brake Reserrrni~, Six l 36 0DI0787 Air Dryer, Wabca sy~ Saver 1200 t 37 0000790 Brake Lines, Nylon 1 38 0000854 Air Tnlet, w/T3iseoartte~t Cabling 1 i.ocation., ,Air Cttupls) - a) DS Step Well 39 Od37081C1 All Wheel l::ocktxp (AexiallTanker Chassis) t 40 (1518370 S ~ 1SM, 5QA 1~, 1550 Tcrrgkae, Velocity, 2007, W DPF l 4I 0123135 Air Intake, w/Ember aeparstan',19np/Vel t 42 0002880 Exlyausk System, S" SM. 1 43 0035723 Glutch, Fars., Air Accosted, Horeotr Drive Masher, 2002, DL7CIAXTIirurpNel t Rer~ B 8112!2008 11:2DAM 904b Delray Beach Fire Ueparkanerxt 1 sn2r~aDg Page 44 0001244 Higiz Idle w/Elec#xorauc Ez~ine, Cus#sm 45 0511426 Coa1i~ ]H[ases, Silicone 4b 0123594 Radiator, 1cnp/Ve1 47 ©122516 Ftuid Check Access, lm}s/Ve1 48 8001125 Fuel Tank, 6S gal 49 0001129 Lines, Fuei 50 b023746 Cooler, Chassis Fuel, Not Req'd. 51 0{!(}1292 Shutoff Valves (2), Fuel ]Line @ Filter 52 (1510327 Cooler, Engine Fuel, 1mp/Vel, AXT,Qtsn S3 0001280 Fuel rump far Reprinting 54 OS10124 Trans, Allrsan Gear 1Y 4000 EVS PR. [mp/Vel Tratss, retarder ~ - e. k '~ Trans, retarder cor~tr©l - i) Auco 1 /3, 2/3, 313 55 0510876 Trar-smissiort, Shifter, 6-Spd, Push Button Trans, rerio - 4008 EVS, 6Spd 56 0587584 Trrreamicaian Oil Cooler, Champ, Heavy ~ 57 0046369 Warrat-ty, 5-year EVS Transmission, Standard Gustorn 58 0001375 Drtveline, Spicer 1810 59 0123392 Steeriztg, Sheppard M110 wltilt, TAI~~t, 3 Lisle Pump 60 0509230 Steerirt~ Wheel, 4 Spoke without Controls 61 0521238 'Y`iae~, ~ ~ . 4?5f65~i22.50 20 giy XFE, Hiwuy Rxb 62 0019611 Wheels, Frl, Alum, A1caa, 22.50" x 12.25" (4251 ~ 385n 63 0022139 Tim; (13) l~'tchelin, 315~31t22.50, 20p1y, X7A-1 64 0019653 ~V1teeLs, Rr, Alum, Alva 22.58" x 9.00" tanrlc~m rear 65 OOGS778 Chocks, Wheel, SAC~A41~-E, Fatding, Moiatied, Hortzorttat Location, Wheel chock -under passengers side rurutixtg beard 66 00991'83 Bawds, V6lheel Safety Bands, 3~~ Custom Chassis 1.ocakivn - £rotst tires 67 0003245 Axle Hub Covers w/center hole, S/S, Front Axle 68 0013241 Axle 1-lub Gavers, Ream, S1S High Hat {Tandem) 69 0002045 Mud flaps, wllvgo front & zest 70 0122287' Cab, Velocity, 70" wf 10" Rsisecl Roof 71 0509532 Floor, Rubber Psddod Cab & Crew Cab,lmpNel 72 0 L99226 Vilinclow, Sine of GC, DS Fioted/PS None,lampNel 73 0012IY98 No Windows, Frot'~lSidc of raised roof 74 05092$Ci No Windows Rear o#'Crew Cab, 1mpNei 75 0519984 Trim, Cab Side Window, DS, impNe1 7b 8525761 Domr, Hstf Height, )i li~aof Caib, Siana#ess ]Patel 77 0528167 Cab Dear, Alot Ro~sd.,1'ci 78 0510218. Controls, E1eaXrir W'i~tdaws, All Cab Daors,lzngel & Velociry ?9 0512419 die )~ Lc~lcs, Cab Dooara, Ia~JVe1 80 0512420 PaKi, Electric Dcsc~ l~s„ US & PS,1~aN®1 81 0 ] 99188 Storage Packer w/ Elastic Cover, Recessed, Itowmaided, ImpNe1 82 0123686 Drip Rail, Cab Roof, latupNel 83 007722.9 Logo/Emislem, on EIastt Buttun Text, Rove Three - THl) Text, Row T'wo - TBD Tent, Row One - TB13 84 11123176 Csrille, Hrig#rt Fmiahecl, Front axf C~1s, hnpellVelociry 85 0002148 menders, S/S on cats 85 0527032 Trim, SIS Band Across Cab Face, Rest Lights, Velocity Material TrimiScuB'plate - e) S/5, Pattet$ed 87 0087357 Molding, Chrome on side of cab 88 41224b5 Cab Litt, EIecJHycl, IzttpNel 89 0032191 Mirrors, Ramco, w/lsolt-an cotsvzc, htdlmtt, Door aasant (6000FF'1i3~ 750) 90 0123$25 But>nper, 19" extended, fmpNel 91 0510226 [.ill ~ Tow Pie, t~,Nel 92 0012225 Gravel Pan, Extersded Bumper 93 0551539 Strap, Elaclc Nylon hold-dawn, Velcro, Hose Tray Rev B 8/122(10$ 11:20A1dT 9046 Dslray Beach Fire Depa~rtaent 1 l 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 i Page s4 ~ 12251 Trey, (1) Hose 1.,eR side of Bu~pert' 1 Capacity, Buixiper Tray - 19)140' o£ 1.75" Gracing,, Bumper casion -Grating, Rubber 95 0012222 Tray, (I}Hose Right Side of Bumper 1 Capacity, Bumper Tray - 27) 20' ~sf 5.00" Grating, Biiaiper extension - Gratatig, Itubb~r 96 0522573 ~ Taaur Ham R~ Dries to Litt acid Tavv paclcs~ 1 9"] 0122545 Cali Icitericar, vinyl Covered Wails, IpMel i Calar, Cab interior Vinyl - aj Silver/Gray 98 0509At92 Cab intcricyr, panic color, lYrip(vef 1 Color, Cab interior Paint - a) gaY 99 0514249 Grab Handles, Driver Door Post & Passenger ®ash panel, ImplVe! t 140 0121848 SeaEt, Driver,l'ierce PS6, Preitiiuiri, Safety, Air Ride Hi-Bach 1 101 01221 lb Seat, Ot$cer, i'ierce i'S6, Pr~€iuigi Ste, Air Ride, SC$A 1 ifl2 0199549 Cabinet, ISMS, bear Faciatig, ap5, 20 Wide x 42 Ells! x 26 Deep, Lt F 1 I7aor, EMS Cabi€iet - t;,orthe Roll Up, Lock, Arad Light, Short EM5 Conipt - Oii Scene, Left Side 103 4102788 5®a#,1ir Faciiig C1C, DS Outboard, Naiie 1 104 0199326 Seas, Forward Pacing ClC, PS Outboard, Pierce P56, Base Safety, SCBA, Foldup 1 105 41027$3 Seat., Rr Facing ClC, C,eiaeer, td'cnae 1 !06 0199328 Seat, Fa~ratd Facing C/C, i)5 Outl~oa~rd, Pierce PSfa, Base Safety, SCBA, Faldup 1 107 0122744 Se9t, Fot.vard Facing C1C, Cei~ir, {2) Pierce P56, Premium Safety, SCBA 1 108 OS 10038 idadia Crnaipt, Behind 1`rt Passenger Seat,lrrtp/Ve! 1 1013 0511304 Upholseory, Seats Ln Cab, Ail l~nperial 1200, Pierce P56 1 Color, Cab interior Virryl - c) $laC1C 1 ifl 0527104 8raciccc, Air Softie, Haiids-Free, Cab Sews 5 SCBA Sraaad/Taiitc'1~peJDia -Soots AP-50,30M4500P51,5.48"D SCBA Bco~tie Brand - Scott; Diager, Survivair t l QOOfe248 S'eatg Belt, ~leigttt Adjust~et~tt, ErzI/AXTltxciplvel 5 t 12 051$633 Frtans:al Impact Protectiaan, Cab i 113 45fl9333 ~ F'ads~e, Cab, tse~'el 1 114 0019914 ~iVarrenty, Cab (Sab1DLX/1:~.rtf1AX1'/C~i w/fixed soep/IMPNEL) 1 115 (1002526 Light} Engine Compt, All Cuscnm Chassis 1 116 0549978 Lights, iJoine, Wetdim, LED, Two (2) Lights, Dual Light and Lens 1 117 0509911 1 Lights, dome CC, {2) We4don, incandescent; Red/Clear, MCfX azi)y 1 l 18 4549549 Lim, Cab aad Crew Cab Access Steps, lti-Tait, LED w/Bez$1, 1 Light Per Step 1 119 0122520 Heaterldefarc~sster, ItiiplVet 1 120 0122521 Air cotadikioning, t~et, Aerial 1 121 0028432 Bt~iish Criiard/Covex, Air Gonditianing Condenser, 4-way, Cab Roof Aerial 1 122 9900014 Auxiliary Air Coiiditioner, Carrier, 115V, Aeaat, Custom l 123 0509646 Cab liistrvm~eiits, Ivory Gauges wi CbraBne Bezels, IriipeWelc~ity 1 124 05095 l 1 Au Restaitction Indicator, tiaap/YeI, AXT 1 125 0509905 Wiper caiitrol, 2-speed w/ 4 speed iiztec~mitte~ impeWelocity, AXT 1biUX 1 126 01236!4 1ttSti"ii~ieYtt Cous~cale, ttt7tomolded, wit#i W~(ie 3utface, inipNel 1 127 4123613 Console Exteiisioo, Rotomotded, With Trays, vetociry 1 128 00025bS lionrirnetelr, Aerial inside Cab l 129 00026!5 Su+itch, Aerial 12V Master 1 130 0002b 17 PTO switch, w/ligkit - aerial 1 131 8057521 Radio, Panasonic w1Ci) aad NOAH Weatherbaaid 1 Location, AMIFM Radio - a3 ~ ~~ ~~ AiIt:~llla, A!~/~M Itactifl - 6) ~4a~ ffiOI1YitCd rEib~i BIIt~idiia SPeal€eis, AMIRM Bodies - c) T~w~o (2) pairs of speakers Remote for AM,FM Radio - wo}vritltout zeinoie coyntinl 132 0022853 Antedraa, Mousti~ Only, i;or 2-way itaclio Std, DLX/EtiflAKT/IMP/vEL 1 133 0549921 Svvitcfiing, Casa, Membrane, Izrtpel/VetacitylQuaatuiri 1 Location, Emerg Svv Pals -Driver's Side Oveciiea€1 134 0509965 Pierre Caigraiiand 7.one, ,~tivanced Electrcanics gild CoFnraf Sy~tix, Diagnostic LEDs 135 0087852 Wehicte lxiforrria~iora Cex, 7" Caloc Display, MUX 1 136 0033785 tntereaen, David Clash 7-Peas, 3-Radio, 33 5erie9 HS, D,O,4C,P 1 Rev B 8/l22{R18 t 1:20AM 9046 Delray Beach Fire Department 1 Page 4ocatian, intett, C Cab - c)foruaard ~ rearward facing se 137 t3fl09U63 Radio Interfere, Not Rec~ired 138 0079212 Batteries, (6) Exide Grp 31, 950 CCA each, SAE Posts 149 0008621 Battery System, Sia~gle Start, Ali Custxam Chassis 140 01231?4 Battery Cormpattrzae-tt, 3mp/Ve1 141 0531329 . ~igl Sys, Kt~ct A~ Chaff 1200, 091»53-12 142 053 i 403 I.ocatioxt.,l3attzry Charger Indicamar, Driver's Seat with Bracket 144 0012750 Location, Charger/Comer, In Seat Box, Custom 144 0063137 Alternatar, 400 amp Nielioff C656 [ 45 0090207 Wiring, Spare, Pair, Each Location -TAD 12vdc power from - a) battery direct Frwse, 12VDC - c}15 azzrp breaker Wire tinatio~n - t) teraztitial stxip 146 0092582 Logd Manager/5equsncer, MUX Enable/Disable 1-Ii-Idle - e)I-Iigh Idle enable t47 0024056 Amp Dray Report, NFPA 2003 Edition 148 0402758 Amp Draw, NFPA Radio Allowance 149 0525514 Lighting, FIvIVSS, Cab, Ri-Tax LED Clearat+ce/1D, PAP, Yeiociry Recx Headlis l SO 05193?9 Light, F`s'+ant Zane, Whelen Super 600 LED, 2pr, Q Sezel, VEL/1MP Calar,Whln 5up600 LE®,E)UT - b) rd/cl Calor,Whln 5ttp600 L13D,INN w b) rd/ci 151 015910 Alarm, Hack-ul- Warning, ECCO SA9i7-PM2 I52 0511612 ~+!'arrattty, Three (3}Year, Cus~m Chassis, Impel & Velocity 153 OS 11.455 OVarlranty, I.i~fetime on Crossmetnbers, Itnp/V el 154 0(131972 Mam:~ats, Two {2}, Fire Apparatus farts, Cxx Chassis i55 0002905 Manuals, Two {2} Chassis Service, C+~'tont I55 0032433 M~uals, Two {2) Chassis t~ex'atirn~, Custaoa 157 0524627 Warranty, Cotn~natjci Zane Components, Chassis, 5 years, VeUl~npei/QtmtAXT MUX 158 0002928 Blectriral Diag€attss t 59 0022153 Aerial, 1'+tatform 100', Alun1 Body ~50 OD74818 PSC Tank, Water, 400 Gallon, Poly, PALI PAP, Notched 161 0003405 Qver~i aw, 4" Water Tank, Poly 162 0028147 No Fosan Cell 163 OOi13441 Warranty I.ifetirne, UPF 164 0003429 No Direct Tank Fi1i Req`d 165 0120986 Prlase Alut~n, Trough Syle, PS, (105 PAL185 PAP) I66 0003491 Hose bed Capacity 1000` of 5.00° {PAPIPAUSkyArm) 167 OS 10643 I lose Restrain kiosebe~,, A.eriai, Front S#raP (lttly lg8 0003509 Running Hoards (I'AP) 169 0048275 Trm~ble Stegs-MotYOn Cas9., Suing Down, DS ~ P5 {PAL, ]PAP, SkyArzn) 170 002.9503 Tow Eyes {2} (Aerial) 171 0013639 Ca~tauctian, Comer, Alm (I'AP} 172 0009075 Carnet, DS FIH,F/D, Roll Drs,wlo Chute 100' PAP 173 D020915 Corset, DS 'Mutable, F/H FID,RoII-up, 100' PAP 1'74 (%}23672 N'a Campt lP0 Stairs Required Q I3S 175 0Ci2071 I Casnpt, PS F/H, Roll Drs, 100' PAl' 176 0(120952 Cornet, 1'S Tuurntable, F/H, Roll-ups,, 100' PAP 17'7 0023673 No Comps 11P~ Stairs Required @ PS I78 0041202 Doors, Roll-up, Gorta~, Paizyroad anci/vr Locking, Side Cc~tnpartate~nts I.atrh, Gartite, Roil-up - Nnta-locking l..i#~ar Color,Gattite,ltoll-upDoor - Painted I79 00&4028 Bup~per, bear, 8°", C~orweight, Treadplate Cover 180 0003982 Tray, 5001b Stide~uc, 2" Sides -Floor Moumted T c~ca~aat- ~mp~dr~ents D1,1:~, Pl, P4 181 0083986 Tray, k#dj., 34 Deg., Ti1t/Slicle-out, (2151b) I,aration - corrzpaaimestts l]3, P3 182 0003942 5#telvea, A.djaasta#s1e, 215 lb Capacity Rev B 81I2/2005 i i 1:ZOAM 9D46 I~lray Beach Fire l~par€ataez~t 1 1 1 1 1 i 1 1 4 i 1 1 i I 1 I 4 2 4 1Page l.c:cation, Stnelf -one each itR COIn~BY'ETd1E:llt3 Dl, D4, ~~, P4 183 0003945 Shelf Tracks I.oGatlala~ -131,D4,i'1,1'4 184 044Q016 Wubrai.l, Aluraiuauza Extsvded, Side o1'Body 185 0004027 Felder Crowns, )teat, SIS, Twa Pair 186 051.9849 Rase, Hard Suction, Nvt Required 187 0004151 Handrails, Side t'ump lsanels 188 0004210 Colnpt, Air Ba~1e %n Fender Panel l,ocariora,13r~~kev~binp. -body fender panels 1$9 0004218 Ladder, 35' Duo-Safety 1200A 2-Sect 190 i1Q€1®222 Ladder, 24' Duo-Saf-ety 9d?QA 2-Sec 191 0404232 1_adder, (2) I6` Dua-Safety 875A Roof 192 0404233 l.~addcr, 14`'f3un-Sauey Fresno 701 193 0404246 Ladder, 10' Uuo-Safety Foldixtg 585A 194 p442247 Ladders Stored im Tortlue Box, C'rcntite Moil, (ML, F-II,, PAP) Cb1or,Gortite,ltbll-upDoor -Satin finish 195 fl5044~B5 Pike Poles, 12' Fiberglass Handles (.AYcmn) . 196 0544484 Pike Pales, 8' Fiberglass Handles (Alavt~) 192 OSO44S3 Pzke holes, 6' Fiberglass Handles (Almon) 198 45444$1 Pike Pales, 3' Fibe~;isss w/"D`" Hau~dles {Akrann) 199 0044380 Steps, k'olding, Front of Body, Eberhard 244 4404390 step, Fotdung - ~, Body Otzly, Eberl-al~ Locaiion, A~dditianal Step - ane each side lieont body bullhead 201 0004435 Pub, 204(1 CSU S Stago,~Tat~us 202 0004482 Sent, M~ ~ 243 4091446 Pump Setup Ck~arges NIA 244 0505536 ~fasion, Pump, Waterou-~ C14 Series 205 0535258 Shift, bump, w!o Manual Override, Split Shaft, Waterbus 246' 0003148 'IYansmissian lock-up, EYS 207 Oi~547 Aoxitliary Cooling System 248 00144$6 (No Transfer' Valve Required on 1 Serge Pump) 249 0004517 Valve, Relieflntake, EllGlaart 210 4010449 Gontrbller, Pressure PteSSllre GbVerbOY Type ^ C119L'plfl Chassis D17EC Elbe 21 i 0(130166 Primer, Watel+dus, VP©, ©il Free 212 0063510 Warardniy, Watervus 5 Yrs 213 405$516 Manuals, Pump (2), CD, Walerous 214 4089351 Piucnbirag, Stainless Steel ~ Hose {Central Zone) 215 0089437 Plumbing without Faam Sy~n 216 0032998 9Varranty, 14 Yeas S!S Ptmrbing 217 Ot144645 Inlets, 6.00" - 1250 GPM br Larger Pormp 218 0004646 Cap, Long Handle PulYlp Itzlet, 3~lST -VLH 219 001;4610 Valdes, Almon 801 series- AlI 220 004466(f Inlet, LH Side, 2.50" gated 221 0029147 1•lo Aux. lzalet bn RH Side 222 4016158 Valve, Xnlet(s) Rec:es~^d, Side Cntrl, "Control Zcsne" 223 40t14700 lrtlet Cbnlxal At valve 224 00143$5 Inlet, 4" fiC- 6" Fri7f1~ w/5° piumbtng Saber, I}~--5, Impel, Velocity 1l~let, Size -Six Drain, Suetior~ - Svvitrg Handle 225 04 14823 Cbntrz~l, lrlect~-ic, Front Inlet, wllD Lights 226 0049620 IntakE Relief Valve, F~ Inlet 227 Otlt?4'188 Cap, Lbng H~tcile -Front Inlet -VLH 228 0048644 Swivel, Smooth Chrome, 6.00" 1~'19c3nt Inlet 229 4fl92569 No Real' Valet (Iserge Dia)1tacluested 230 0492fs96 ~ln Rear Suction Cap 231 0464116 r1o Rear Inlet Actuatian 232 Q004&4s No Rear lrttalce Relief Valve Req'd 233 04925b8 AIo Reat° Fnlet {auxiliary) ftegv€ested Rev B R/12l2448 11.20AM 9046 I?glray Beach Fite I3apsrcrnaxtt 1 4 2 2 2 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1=a~e 234 0563738 Valve, .75 Bleeder, Aeuc. Side tr~lae, ~wlrlg Haridla 1 235 OD29043 Line, 3.OD" Tank to Pu~is 1 236 0004945 Outlet; 1.SD" Tatsk Fill 1 237 0004944 Outlat{s), l.~H Side, 2.50"" 2 23S DD92570 No Additial Outlet {Lk][) Requested i 239 ODQ4945 Outler(s}, RH Sidc, 2.50" 1 24D DD92571 No ,l~dditionat Donets ~}Requested 1 2,41 D(1D504'7 Outlek 4" w14" Right (VJateraus 1'tunls) t Valve, Brand -Akron 242 DD24934 Outlet, Frattt, 1.50" w12.00" plurrtb ~ swivel, Tap of Bumper 1 Locattan, Outlet - a) pasgenget's side 243 0092575 No Rear Ot[tlet Requested i 244 DD9257d YVo Re$r Outlet {Added) Requesrecl 1 245 OD92573 No Hosebedliturrning Board Outlet 1 246 D085D76 Caps fear 1.SD" - 3.D0" I3isct-arges - Vit,H l 247 DS63739 Yalve, .75 Bleeder, Uisel>,arges, Swims i~ctdle i 2A$ OOOSD9l JElbawvs, d5 l»~gxee - 2.5D" Outlets Lki - VLI~i 1 249 0035094 No Ellx3ws Re+q'd (Addend LH Outtees) 1 25D 0025091 Elt~ows, 45 Uegr+ee - 2.50" Outlets 1tH - V1..H 1 2S 1 0089584 No Elbow req'd {Added RH Outtt*t not ~~) 1 252 DD45D99 No Ellx-ws Req'd, Rear Outlets 1 253 0085695 No Elbows Recl'd, Added. iteear, [.arge Outlet i 254 000SD97 Ethow, 3D Begree - d.4D"(F} X 5.00" Stott 1 255 0062133 Control, Outlets, Manteat, Pierce HDV if alsplicable l 2s6 D0291D5 Na veluge Riser ltcquesoed 257 0029302 No Maaitor Requested 1 258 0029304 Na Nazale Req'd 1 259 00291D7 No Deluge Mount ~ 250 D00S496 waterway Outlet ~ Control, ''n4ratecmis, hanclwheel {PAP, S1~yArm) 1 261 D02S 140 Na t .50" Crosalays Req'd 1 2(r2 04?9D442 Grasslays Sng1 Slaeex un~at>tecl, {1) 2.5D" Still Cnp 1 263 11054896 Speed, {2} 1.5" W/Poly Tray, Tap I~iUSide Caul, Std. Cap. 1 254 DSOOi22 1Flose Restrair#t, Crosslay/St~ocitaY, ~ 255 0092844 l?eadlay{s}, Special Cap. Capacity, Special )Clay - 2D4 feet of 2.S" DJ Bose Lacatian -behind 2S" crasslsy 256 DD44333 Na Foam System Required 267 DSOgfD94 C,~.F Compressar Not Required= Na Foatr- 5ys~ 268 OD42573 Fasna System 13earsanstt'aiion Not lZequiu'ed 269 OD45465 Na Foam. Tsrzks Requirred 274 U091110 Na Foaum Tank l]rain 271 0091 D79 Nc Faaxn Tank ~2 Required 272 0091112 Na Foam Tamlc Dann 273 0007575 Pump Haase, Side Control, 48", "wateraus Control Zone" 274 0432479 Pump Panel Conf~guraition, Control Lane 275 D0055$0 Step, Slide-Out Pumis Op. Platfar-n (Aerial) 276 dlOD552D , P'~- ~adG,.B~c Yinyl 27T 0005378 Fgnel, Ftrmp Access -Pass Side Only 278 DD35501 Primp House Structvore, Std l~eigltt 279 DOOSS99 Games, Engine - Pry Panel 280 D0056D 1 Throttle Included wl ~ Controller 2ti } 0007541 indicator Lights (aJ Pump 1'atrel, Electronic Engines 282 DS 15558 Cvrrxptr B Support, la Side, Forward of Pump Panel, Cab Ht, Full wicleh, Nan 17PF` 283 fl5l (078 Gauges, 4" Master - Class 1, 30"--0--6DQpsi 284 4S 11100 Caat~ge, 2.0" Pressure -Class 1, 30"-O~tDUpsi 285 4t?62586 Gauge, V~a~er Level, Class 1, Pierce Std. 286 0006774 1+[a p'aatn l.~ve1 Gauge Req`d 287 0017010 Step/L,igbt Sfaield Assbly, 8" )7eptla, Side Mount Rev B 811212(DO8 11:20AM 9046 DetraY Beach Fire 17epartmerat 1 Page 2$$ 0509732 1=leatricaL, limpet and Yelociry 289 0092871 Li~rts, Step (6}, ~tleldort 9186-23882-30, aerie! with prrrrrp 29€1 0039821 Lifts, Tail, Whelerr 600, I.1rD for trse w/ Whelen Housing, Pop Arrow 291, 0039214 Lights, Backup, Wheletr 6fl0, LED fat Whelerr Gast 3 & 4 housixrg 292 OS 11569 Lights, Iderrti~icatiau/Gleara~ece, Rear, Ri-Tear LEU 293 p045550 Liglxts, Bezel, (2) VVtatelen Cast4,1~ar ~ (4} Whelen 600 lights 294 OS 14453 i.it, t~ Uri; PCa~ea' Arcot, LE®Maker Latrrp Locataoq lights - at rear of app,eus sae each side 295 4005924 Light, ®a not move apparatus, Cush 296 0509042 Messages, Open Door/I?o I+Tot Move Tnrck, I~/j1el, AST MUD 297' 0522566 LtgLrts, Comet, On Scene LED, Single ]Light Strip, R~r oa' Right lE~r iamb 298 0005945 L~glxt, Pump Compaatmerrt 299 009 L 941 Lights, Petiatetet' Scene Cab Exits, TzuclClite 440420, LED Crals,lPesrirtkrc~ter Scrsrre -Cab, 4dr Custnk[r 300 00901222 Lights, Perilaete; Scene, (4) v~eat}rerproof Lig~rts, Trucklite 440420, LED Switcl's, Loca~an, Perron - Panting brake 30l 0005956 Lights, Uzrity A Deck-Rear, Aerial 302 0006052 Air Hares, (2) Grover irr Romper Inside l:r~xrre Lcaca~tion, Air Hoar (barer) - inside of trartre rails 303 0006063 Carrtro3, Air Haro, Iiorrr Rizag, PS Foot 5w 304 0046133 3i~1t, Ccx~ 3 3Eo92 100W or 200w 30S 05I0206 Location;, Electronic Sir~exr, Reces.~ed. Overhead. in Console Location, Elec Sirean - Overhead, Above Ezrg '1~zrmel DS 306 Ofl76 t 56 Comrol, Elea Siren, Mead Only 307 0016174 Spy', Cock-3 PB 100E„ Chrortnse, recess L>~' Carrrrection, Speaker -siren head 308 0016D80 5oreu, Federal E~2R 309 0006095 Sixerr, Mechanical, rxrorrrrt®d above decLcplate I.ocatian, Siren, Meclt - c) ce7rt~r !~ 310 0026L63 Ccsrrtml, Meth Strew, DS & PS Feat Sw : ' " J3I I fl057905 A 1 LED psis, I~11 Litglrtbaz', WeLen, lsreecisrnn 1F~Ile!1~N1, 24 312 pS2957ti I'SC Ligltt~s, Fret Zn Upr, Plt€aerer, Wheten, (8) Super 5001td LED wlClear Lens Flange iKit - w~rith flatrge 313 (144{1632 Lights, Basket, WheLeu, 600, LEl3 In A.dditioxr to Required Loccaatio - ou side of platfotur beaker at each brazrt cotinsr zrrorrated lova~ Color,Whln 60€3 LEI? - b) rdlcl 314 fl525723 Flasher, Headlight ALt~ratitrg 315 0076753 Light, Side Zone Lower, Wlaelen Super 600 LED, Over 25 Fact Gap, 3pr I.ocat~on, Lights rear - beweert t~adem axles orr body feeder' pane4s Lora~tion, Ligkrts mid -Duce each side behind crew cab days Color,'Wltln Sup600 LED,MID - b) rcl/cI Co1or,Wlxln Su1S644 LID,JFRT - b) rd/cl Colas,Whln Sap600 LEU,I3CK - b} rciicl I..,acaiian, lights Frt side - h}eech side Flatrge LCit, 3pr - w/3 pr tlenge kits 316 OO Ib81 ~8 Lights, Reax Zone I..~, Wheien Sulaer 500 LED, wi Cyst 3 or 4 Bezel Colo€,Whlrt Supfi40 LEU - b) rzL/cl 317 0074890 I,ighrs, Rear, VVlaelen 900 Ll~D, pair Cosntml, ligL'-t - a} rear upper warning Coloar,Wlrln 900 LEI] - b} rdlcl Lotion, Rear Lights - d) real cotrtpt tsulklreads ~'Lartge iCit - vy}vritis t3ange 31$ 00lii8745 Light, Rear Zone Upper, Whelen L3IHRFN LED Beace~r, red LED CnLor, Dom, Rear Wareing - j}both domes clear 319 0006551 Lights, Ma Iigllrts R~ d, Rearr Upper Zane BLoclizrg 320 0530715 Light, T'rafflc lbiractixrg,lldheLerr TA$37M, 44.00" Long LED Activation, Tzaffrc Du 1.. - c)witlr the ooMtrol lreacl 321 0529860 Location, Traf Dir Lt, Surfaze Moarnted Over Rear Door 322 4530282 L~atscyn, Traf 13ir Lt Controller, Overtaead Switch Pazrsi DS Right Enal Rev B 811212008 l 1:ZOAM 9046 Ikstray Mach Eire De~rr~errt 1 I 1 1 1 1 i Page 323 0€DD6646 Electrical System, AJC, General Design '' ' 1 324 OSi6618 t O Hazris£m 101cW tertCR Hydraulic, Hot Shift P Generator lrrterlacks - No interlocks 325 0006645 Locatian, Hydraulic Generator Above Pump 1 La~tion, Generator -shave pump driver side 326 4016752 Starti~ Switch far Tnrck Engine Powered Generator i 1 327 D016757 Re~tnate Start Nat Req'd fur Gener~r 328 D0i6740 Fuel Systcri-, None Required i 1 329 0016767 (?il Drain Exterrsion Not Req'd for C`rert~tor 330 0016771 R,outitag E~€baust ialot iteq`d for Generator 1 1 331 003&7313 Circuit Bremer Panel, Included With PTO Generator LaCation. CB Patel - m caffipartmer~t above front dov~r side stabilizer 332 0071236 Light, FRC, 900W 2403!, GPA570-HR90, Nan-zel+~cap~c, Cpti~~ HIR 2 Location, 120240 Volt Lt -one eaclk side at front of each body catwalk D4, 1?4 333 D050770 Light, FRC FDCUS, 120 Valt (~ Frt of Basket IA.T' Tip Lts, PAk' 1 Location, Platlfip AC I,ts - B}Pass E)tily Lights, FRC Focras - C} 750 Watt, 120V Locstiott, Sir, Art AC Lts - A4~ Pos 334 0050780 Lightt, FRC Focus> 120 Volt Utader Basket,l=AP 1 Lights, FItC Faces - D) 1000 Watt, 120V Location, sw, Arl AC Lts - lvi)2 Pns Location, PLatlTip AC Lts - P) Under centee facia dawn. 335 4t}4b825 R€~l, Elect Cable, Hanaaay, 1604, (3) Wire 2 I.ocarit, Cord. Reel -each side in cargo area Reel Guide - b) Captive roller 336 0(105827 Co>E,d, Electric, 1213 Yellow ~ Coruteseeion, Cord - 20 amp ca~mector Feet of Yellow Card - e}200 337 00067'90 Receptssle, 24A 120V 3-P~~ Twistlock L,ca~atiot~, ReCepracl®s -one each side rear body fender garaela, Otte at rear` of 3 33& 4015857 ~ titre, 2t1A 12t3V, IC.uI Auto Eject, .S" i Connectior-, Shoreline -battery charger Color, l~,tsssrrraul Cover - b} red 339 4026800 Shoreline I.acation 1 I.ocmtian, Shoreline (s} - 22)15 Crew Cab 340 0519669 Bra~ad,l~Iydraulic Tool System., ivlisc. Bands 1 341 11526931 Reel, Hydraulic, Any Make Tool, 100' Cali-, .25" Dual 1-1ase, Alo*otr 2 Brand,lMioclel, of Equlp - t1Y be detertnfned I.aC8t1O~1 - t~ be detminiYaed a# ~ca~Stt'uCtloti Reel Guide - b) Give roller 342 C){1221ti0 ,A.erial, 100' fierce Pla~uxtxt 1 343 0526885 Indicator, Eactensidn, inside and Outside Hdr'aiis 1 Ca1ar - 2) red 344 0400042 B€i Sulsport, R~r of the Chassis Cab i 345 (1076901 BasOte~ PA,P, Wide 1 34f> 0055905 Basket Heat Shields 4 1 i 347 007'0099 14,P} Spatlightg, (3}Unity AG-5-4407 Spot/Flaod (7r- Ae3ria1(} 348 0057598 Electrical Sys~ben~, 100` PAl' 1 1 349 0508717 Control Statiarts, SS`f 100` PAP, Ctriar Display 354 0534134 Stalgilixers, T'wo Sets (PAP), Composite Auxiliary fads, Split Pan 1 351 4530819 Aerial Stabilizer Pig, Not Required 1 1 352 4077502 I,i~ht, Stabilizer Warns, (2) set Whalen auger 900 Flashing LED Color, Wlsln Sug900 LED,FItT - b) rd/cl Color,Whltt Stgs~91101..BA,BCR - b) rd/cl Flange Kit, Zpr - wfwirlr a ~e 353 00587'01 Lights, Grote Sup~ttaava LEA, Stabilizer Berm, (2) Sets 1 354 0418658 Hydraulic System (1011' 1'AP) 1 355 0€661893 Swivels, w/lncocler,',PAL/l'AF (36 Collectfst Ri~t~s) i Rev B $J1Zr1008 11:20AN1 9446 Delray l~cls Fire Department 1 Page 356 ODD~6499 1Varraniy, 2D Year StruaCara) (1'.AL, PAP} 3 57 O i O 17D 1 Warranty, Hydraulic Sysiern, 5 Yeae ~nnf3 Year Paticer 358 0096300 Warranty, Carramand Zane Catttpatx$nts, >3ady, 5 yoars 359 0016930 120 Volt To Tip, 20 Ards {PAP) 3bo X1016924 Intercom, 2-way Arki,nsDn (FAP) 36l Ei1149846 Breath Air To Tip (SS/l{10 PAi'), (1} 4500 PSi,w/o Mask9 362 0024742 Mask, Breathing Air Ta Tip, Not Required 363 0126600 liaised Pedestal, 3.00", !teas Maurrt Aerials, AXT, Velocity, Ctnpel 364 0076978 Box, Hass Stnre~e ~ l'lat£Drnk w/Cover, 1'11.75" 365 D525805 PSC Cover, Trcadpiace, Over Aerial Rotation Gear,1P.A1? 366 11048758 I.y~ Bracken, 3-lrt-1, wide Basket 367 0084988 Door !,etches, Ebert-ard 206, Qst Plmfi`orm Basket 368 053D826 3lsxnmbls Access, ManSaver Bass 369 OD 169s0 Waterway, i DO' PAP 370 0016951 {2) Preconnects At Plasm (PAP} 371 DD2fi208 Monitor, Aerial, Single (Bleclric) {PAP) Mattitor, Aerial (PAP) -llirron 35?8 Electric w/5178 372 0086971 Flowtneter, waterway, Allux (PAP) 373 0004836 knlet, 5_DD" at Rear (PAP, PAL, 75HA1L Ttrasdenr Axle) 374 0047897 ?'Dols, Aerial, i'AIIPAP/SkyArrn 375 0016980 Manuals axed Traimirt~ (I'AP} 376 0407150 Bag of Nuts and Bolts t~sy, Sag Nuns and Bolts ~ l 377 D519540 Soft Suction 1~DSe, pKavidsd by Fizz DepaRmsnt 3?8 W27023 ND Strainer Required. 379 004$359 Sett, Safety {Aerial} 380 0007482 Crowbars Nat Required. 381 OD07484 Claw Tcsols Nat Required 382 0()(17490 Axes, Flatxsead Not Required 383 0007492 Aacas, Pickhea,3 Not Required 384 0007494 Siedgehatxrrrters Nat Required 3>35 0007220 Paint, 't`wo Tone, Cab, w/Shield, Custom Cats Paint Ctrlor, Up~r' Area -white #€10 Paint, Color -red It90 386 0017241 Paint Chassis Frame Assy. Black, Stcl. 387 0065653 Wsrx'aney, l0 Year Standard Paint 388 OD07234 Corxtptrrtrrtent, Urxpairtted, pfA Finished l.ocatiara -all body ~;ents 389 0007238 Aerial Platform Paint., white 10 3911 Dt?b8338 ~,efle,Ctive Bated, t"-6"-1" Color,liteflect Bax€d - A - a} white Colas, Ra#lect Band - B -1) white COlor, Reflect Beltd - C - w} whste 39l 0099b96 Stripe, Reflective, 4 Chevron Stripea art Stabilizers, iP©S Color, Reflect Band - A - t} ruby red Ca1Dr, Reflect Baru! ^ H - tt} lemon yeliDw 392 051(11141 Reflective across Cab Face, Imp/Vel 393 0065687 Stripe, Reflective, Cab Doors lriterior Color, Reflective - a} white 394 0007368 l,ettierierg, 10" Reflective wr/Shade On I.adder-PAI.IPAPfSI~y Paint, Color -' I,etterN~ - Calar 395 0027286 , No T.etterir>g Specs Required 396 0007472 [~.ettering not Requested} 397 0516701 Emblertl, Amt~icar< Ftag l'ainterl an Cab Grille, All Custorri Chassis 398 ()008555 2% Haaadli~ag Charge on lDD` PAP 399 0000000 waaranry aced Admirtistratiari 4flD #100DD00 FlDrida Slterift's Contract Access DS-06-13823 d,atation - Florida Rev k3 8l12r7.008 11:2DAM 904fs Delray Beth Fire Delsarnnent 1 1 1 4 1 1 1 1 i Page 401 0000000 Inspection Trips {~) aa8 Deli~try 402 OOOE100'0 I~nspectian Trips (2) and A~lidery 403 0000000 belivery VV"T 404 0000000 InteYe9t 405 0000033 PAP >3ODY 406 0000012 PIERCE CHASSIS 407 0020029 CUMMINS M11 ENGINE 408 004G396 EVS 4000 Ser7ies TRAI~ISMISSION 409 0020011 WATER©US PUMP 410 002009 1'ULY TANK 411 002$047 NO FOAM SYSTEM 412 0020006 SIDE CONTROL 413 0020007 AKRON VAL'~.S 4 Y 4 0020014 FRONT SUCTION 415 0020015 ABS SYSTEM Rev B 8/12/2008 1120AM 9045 T)elray Sesch Fire Departrnenk Psge i ~r~~ ~~`'C'~~s ~'~ ~~s,~do~e~s tl~tic~ raf ft~e Purcfsasirag ~e~arlmant .~.~: ~.obert BQ~~LI$ pierce Ma:aizfacturx~~, Inns. 274 d~adusfry Cen#ar~oad 5a€ntAugresflne, Fi 32~E4 I'. ~3. Eax 2017 DA:'I`E: March. 2, 2007 Bl~ N(~.: 07-53 ---- A:ppieton, ~VI S491Z-2017 PIZf~~E~T I~ESCRTPTIL3N: ~P Nth: 07-53 Firs Apgaratus and special !-~pislzcat~nn Vek~zcles PNCEN~ (,9~4} 2U&f-~~ FF4X (9U4}',2~9~395a P1ea~e end enclosed ~e executed contract agreement for the above referenced pxoject. l'urcixase ~xders will he issued fnr the purchase cif equipment. It' you have ax~y qu~:stior~s, please call zr~e at 904-2090154. Thank you for dicing b~zsiness w~i St. 3®hns County. ~ancerely, --_- Leigh ~ ~~~ Buy~~ ~x St. Jcshns County Purehasin.g cc: Fire ~.cscue l~~artent Finance Master File Yt'~j, l:' ~ ~ ~~~ ~ ~. o~-~ ~: ~ ~ ~ z TAI ACr~FEMERIT is made this ~` day of ~ ~ ~~~:w.'° ~, X007 by and bety~reen ~T. ~7 , hereina~er cared `°C)~E~", an~i ~i~~c~ i~a~'~a-~ mmc4, . ~. ~c~~ ~~~7 ,~ ern . ~4.9~.2 9.~~ ~~2-~27~ hereinafter celled[ "CC3l~1TRA~T~~i". _ ~TIT~iE s,~g E~'i~: That far and in consideratia~ of the paynaez~t a~ad agreezxaents hereinafter IT1eTl$if7T3~d y l . The ~C~~IT'~~TO~ mill s.ppty firs ~~a~er°~s ~~d seal ~Sl~c~tic~~ veces tm . ®hxas ~muuty I"ire fescue l~st~€i ~~ Ce~eral ekes 1~d~ai~is~s~n, ~~ l~'cde~~~ ply Seede 23; ~~~~r~ac~ # ~-~Ul~'-10~ ~ a~ccax°dar~ce frith ~'' Ica. ~'7~~3. 2. The ~~NTI~AC;TC?R a.rees to provide the item(s) as describedrr~ the ~O~T~l~C`f' l~~~i~]'MEI~TS frsr ~ five year terra be~inniz~ March l , ~~D'7 arzd ending Febr~ary_~~. X01.2 un$ess e~ter~ded. The bounty ,viii be invoiced at ~ p~icin~ level ~ ~ fo current CrSA. Federal 5azply ~ched~xle 23 in relation to i'ieree Fire Fighting vehicles Mks 3°/o c~e~ ~~k P~arc~,se t~r~ter will be issued for each pt~rel~ase. ~:xzy fut~.re prig; ad,~ustroents to arc appatus and special applicatican vehicles pacing will he in accordarsce and equal to adjustments made tm GSA Federal supply Schedule 23. C)wvner agrees to alls~w other m~.u~icip~itites or age~xcies to access its contract far :lire ap~sa,ratus and sisecia.l application vehicles. ~ access fee in the arnr~t s~f'la of I % a1~ the sale price of each nxt purchased off the contract fly an outside agency mill be cxeelterl hack. tc~ the ~vner to he a:~spiie~l to the next purchase. The cort~~act will he for an initial period of 1`ive (5} years. The contract may lie extended, upon mrztu~:l areer~t of ~e C?~izxer and Cantxactor, for up to five (S) years. This agz~eerraent does not require that the avvner rr~eet or exceed a rninirnurn p~zrchase quantity. 3_ The term ~~NT'I~CT "L7~3~U~I~TS°' means and includes 'the foilo~ving: ~~ ~ .~'4.T~ Yp''~dJ~~~V LIYALI !FT ~~~ ~~~~ r"b.~~ ,~z~ U R 9.~.~~ i ~~N 1 ~i y~yy~y2~v~/~w~e{~~~s~g~ypy+~.+~g /~ any {h~t}1+gd~~ (~ ' (~~ .yp~yy~Sp''{~ATyL.1~ A ~{dyi4~i.9ey:Ly'TeVYp~[y{~d~C-{3.~ VT{ ~31`VTf[t~~~y~~[py~V~l'T9[-Va~Tr~aT1 T3.~ lvY~ ~ ~•g T~~p 'Yy-e~'Y~ ip^Yg 'y (A~~ .{{A'.4A Z ~l ~4//r^^AIIA tW~~ccd®14L3 lF.r V/~1~.A11.11]~~~L'f1 i'.[L Z 1L~j1.~~~~3.~UN~ l M ~~) C~~vTCT A~~E~~T 4: The Cnrgtract ~.greerr~ent shill lie binding upnr~ ail gaxties herein and'th~ir respeetz~e l~e~rs, es~ecut~srs, ad~xazza~stratnrs, s~cce~snrs ~ ass~g~s. 't~ITNE~S HE~C? e arti.es herein h~~e exeeuted nr caeci to be e~ecut~cl b~ their d~xl~ ~,utho~ed o~ei~.ls, this Agre~rr~ezxt, dive ~S) cnpies of ~whxch ~h~l be deemed . rsriginai nn the date first ~laave v~ri.ttexa.. C~I~TI~CTC3R: ~ . deal OVER St. 3nhns Cnun l~a~.rd n~ Count Cnrr~rrtissinner~ Seel signature Sign IN~~• h~~~ ~~ • ~-_- r Printed Marne ~ Title ~ ~~' ~7 ~. ~ ~• ~". Jne ~txrch Fu~°chasin Maw: er Nye ~ Title ~her~yi` ~Cicl~as~d, Cic;~lC n~' ~~~` e ~ ~~ ~.. ', ~J ClexiC ~ _~ :. ~~~ ~ ~` late of Executin C"t`-2 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 27, 2008 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 CONDITIONAL USE REQUEST/XF MARTIAL ARTS ITEM BEFORE COMMISSION The item before the City Commission is a conditional use request to establish an instructional martial arts facility located within the MROC (Mixed Residential, Office and Commercial) zoning district at 2875 South Congress Avenue. BACKGROUND On June 16, 2008, the Planning and Zoning Board determined that martial arts instruction is similar to the following conditional uses that are allowed in the MROC district: "health spas, fitness centers, gymnasiums, and exercise facilities. " This determination of similarity of use allowed the applicant to proceed with the conditional use request to occupy a tenant bay within the Corporate Tech Center development. Now before the City Commission is a request to establish a martial arts facility that provides educational instruction in martial arts. The business involves instructional classes in kick-boxing, aerobics, martial arts, dance, and yoga. The facility will occupy a tenant bay containing 2,565 sq. ft. within Building 1 (westernmost building). The facility will accommodate 20-25 students who range in age from 3 years to adult. The program will operate from Monday through Saturday, 10:00am to 9:OOpm, with 75% of the lessons occurring after 4:OOpm. No exterior alterations of the building are being proposed. REVIEW BY OTHERS The Planning and Zoning Board considered the request at their meeting of August 18, 2008. No one from the public spoke either in support or opposition to the request. After reviewing the staff report and discussing the proposal, the Board voted 4-0 to recommend approval of the conditional use request to the City Commission, 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 Section 2.4.5(E)(5), and Chapter 3 of the Land Development Regulations. Said approval is to be subject to the following condition: 1. Re-install deteriorated landscaping to comply with the approved landscape plan. The landscape installation is required prior to the occupancy of this space. RECOMMENDATION Approve the Conditional Use to establish an instructional martial arts facility for XF Martial Arts at Delray Corporate Tech Center, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5), and Chapter 3 of the Land Development Regulations subject to the following condition: Re-install the deteriorated landscaping to comply with the approved landscape plan. The landscape installation is required prior to the occupation of this space. Attachments: Planning & Zoning Staff Report of August 18, 2008 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR XF MARTIAL ARTS ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on September 3, 2008 to establish an instructional martial arts facility at 2875 South Congress Avenue, which is located within the MROC zoning district. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for XF Martial Arts. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and I I. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs, subject to the attached conditions? Yes No b. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met, subject to the attached conditions, as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No II. LDR REQUIREMENTS: LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will the requirements of LDR Section 2.4.5(E) and Chapter 3 be met, subject to the attached condition(s)? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request subject to conditions attached hereto and hereby adopts this Order this 3~d day of September, 2008, by a vote of in favor and opposed. 2 Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk CONDITION(S) 1. Reinstall the deteriorated landscaping to comply with the approved landscape plan. The landscape installation is required prior to occupation of this space. PLANNING AND ZONING BOARD CrTY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August ~s, 2oas AGENDA ITEM: lv.C ITEM: Conditional use request to allow the establishment of an instructional martial arts facility within a 2,565 square foot tenant bay for XF Martial Arts at Delray Corporate Center, located at 2875 South Congress Avenue. (Quasi-Judicial He~rir>g}. GENERAL DATA: Owner/Applicant ......................... Delray Corporate Center, LLC Applicant .................................... XF Martial Arts, lnc. Agent------•------------------~-•~---~--~--•--• Vinee Cohen Location ...................................... East side of South Congress Avenue, north of SLV 29th Street (2875 S. Congress Avenue) Property Size---------------------------_-- 3.00 Acres Future Land Use Map ................ CMU (Congress Avenue Mixed Use} Current Zoning ............................ MROC {Mixed .Residential, Office and .Commercial) Adjacent Zoning ................Narth: MROC {Mixed Residential, Office and Camtnercial} East: CSX RJR & I-95 Transportation Corridor South: MROC {Mixed Residential, Office and Commercial} West: OS (Open Space) Existing Land Use ...................... Mixed commercial, affce and industrial uses Proposed Land Use .................... lnstructional martia! arts #acility Water Service ......................... Existin on site. .... g Sewer Service ............................. Existing on site. z Vs cn z 0 i~~i 15. W. 29TH ST. 29TH CT. T~.C -_ ~ . -- ITF~E~F~OR=E ~1'H1= BOAR-D. - _ - ~~ _ - The action before the Board is making a recommendation to the City Commission on a request for a Conditional Use, to establish an instructional martial arts facili#y for XF Martial Arts at Delray Corporate Tech Center pursuant to LDR Section 4.4.29 (D}. The properly is located at 2875 South Congress Avenue in Delray Beach (east side of Congress Avenue, between Linton Boulevard and SW 29th Street). . _ _. _. __ ~"- _ - BA~CKGR~N~ ~ - On June 16, 2008, the Planning and Zoning Board determined that martial arts instruction is similar to the following conditional uses that are allowed in the MROC district: "health spas, fitness centers, gymnasiums, and exercise facilities." This determination of similarity of use allowed the applicant to proceed with the conditional use request to occupy a tenant bay within the Corporate Tech Center development. The Corporate Tech Center is a three (3} acre parcel tha# was developed as a part of a planned industrial development. This parcel contains-two buildings that were constructed between 1984 and 1985. Subsequent to the development of the site, in conjunction with the Citywide rezoning on October 11, 1990 the property was rezoned from LI (Light industrial) to MIC (Mixed Industrial and Commercial). With the adoption of Comprehensive Plan Amendment 2007-01 on February 6, 2007, the Future Land Use Map designation of the subject property was changed from CMR (Commerce} to CMU (Congress Avenue Mixed-Use). Subsequently, on February 20, 2007 the parcel was rezoned from MIC (Mixed Industrial and Commercial} to MROC (Mixed Residential, Office and Commercial). The approval of the determination of similarity of use request allows the applicant to move forward with the conditional use request and it is now before the Board for consideration. - '~ PRO~I~CT ~SC`RI.PTION - _- ~ The request is to establish a martial arts facility that provides educational instruction in martial arts. The business involves instructional classes in kick-boxing, aerobics, martial arts, dance, and yoga. The facility will occupy a tenant bay containing 2,565 sq. ft. within Building 1 (westernmost building). The facility will accommodate 20-25 students who range in age from 3 years to adult. The program will operate from Monday through Saturday, 10:OOam to 9:OOpm, with 75% of the lessons occurring after 4:OOpm. No exterior alterations of the building are being proposed. -- _ C ~~}--T I Oil' A t- USE A I~:A~L Y 5 I S-_ - R ~.~.T -- REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.9 (Required Findings}, prior to the approval of development applications, certain findings must be made in a form which is part of the official record, This may be achieved through information an the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings rela#e to the following four areas. Planning and Zoning Board S#aff Report: Meeting Date 08/18/08 XF Martial Arts at Delray Corporate Tech Center -Conditional Use FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a CMU {Congress Avenue Mixed Use) Future Land Use Map {PLUM} designation and is zoned MROC (Mixed Residential, Office and Commercial). The MROC zoning district is consistent with the CMU Future Land Use Map designation and martial arts instruction has been deemed by the Planning and Zoning Board as a similar use to the conditional uses of "health spas, fitness centers, gymnasiums, and exercise facilities fLDR Secfion 4.4.29{E){1)." Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. 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 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 capita[ improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adapted Comprehensive Plan of the City of ©elray Beach. The development proposal is the establishment of a martial arts facility within an existing building and will have negligible impact with respect to Concurrency as it relates to traffic and solid waste and no impact on water and sewer, parks and recreation, drainage or schools. Solid Waste: The tenant bay previously accommodated a manufacturing use that generated 6.02 tons {2,565 x 4.7) of solid waste per year. The proposed instructional martial arts facility will generate 4.48 (2,565 x 3.5 Ibs per sq. ft.) tons of solid waste per year. Thus, the development proposal will result in a decrease of 1.54 tons of solid waste generated annually. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2021. Sfreets and Traffic: With the development of the site, traffic generation was calculated based on the square footages of the both buildings and not with respect to individual tenant bays. The subject property accommodates commercial, industrial and office uses and the changing of tenants for existing bays does not require any further findings of Concurrency. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. Future Land Use Element - Obiective_A-'l : Property shall be developed or redeveloped, in a manner sa 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. 2 Planning and Zoning Board Staff Report: Meeting Date o8118108 XF Martial Arts at Delray Corporate Tech Center -Conditional Use The site is developed and as the proposal does not involve any exterior changes, it will not have an impact with respect to the soil, topographic ar other physical considerations. While the previous MIC zoning allowed limited commercial uses, the shift from manufacturing and storage uses which have also characterized this center to a commercial use is more appropriate with the MROC zoning district and the desired uses for this corridor. SECTION 2.4.5E REQUIRED FINDINGS: (Conditional Use} Pursuant to Section 2,4,5(E} (5} (Findings), in addition #o provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses abut the subject property: Zonin Desi nation Use: North: Mixed Residential, Office and Commercial MROC) Palm Coast Industrial Center OfficeslManufacturin uses) South: Mixed Residential, Office and Commercial (MROC) Delray Corporate Tech Center Piat 1 (RetaillDog GroominglStoragelMedical officeslManufacturin uses East: 1-95 CSX Railroad and 1-95 ri ht-of-wa Wesf: O en S ace OS Delra Oaks Preserve The existing buildings contain a mix of uses including retail, office, manufacturing and storage. The proposed use will be compatible with the uses within the center and the adjacent commerciallofficelindustrial development to the north and south. Further, the proposed use is more is appropriate given the uses allowed in the MROC zoning district. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the land development applicationlrequest. LDR Section 4.4.29(G)fMROC - Developn-lent Rectulation~ establishes minimum standards far development within the MROC Zane District. However, these standards primarily pertain to new development andlor redevelopment of a site and not necessarily to the occupancy of existing buildings. Requirements pertaining to the general conformance of the existing development with respect to these regulations are addressed below: Minimum Site Area: Per LDR Section 4.4.29(G}(2)(a}, the minimum site area for the total development within the MROC District is to be three acres. The existing development complies with this requirement since the area of the property is 3.00 acres. 3 Planning and Zoning Board Staff Report: Meeting Date 08/18/08 XF Martial Arts at Delray Corporate Tech Center -Conditional Use Minimum ]Floor Area: The proposed 2,565 sq. ft. tenant floor area complies with lDR Section 4.4.29(G)(2)(b), which states that there is no minimum floor area for office and commercial uses. [.ot Coverage & Open Space: Pursuant to lDR Section 4.4.29(G}(2)(c), lot coverage by building, pavement and hardscape site improvements shall not exceed 75% of the MROC development of the area of any individual lat. The site plan of record indicates lot coverage by building, hardscape and pavement of 71%, thus this requirement is met. 1=urther, the lDR's requires that land area, equal to at least 25% of the total MROC district including the perimeter landscaped boundary, shall be in open space. landscape areas required to meet internal parking lot design requirements, water bodies and paved areas shall not be included in the 25% open space requirement. While 29% of the site is devoted to landscapedlopen space area this includes the landscape areas required to meet internal parking lot design requirement. Thus, the site is non-conforming with respect to the required perimeter landscaped boundary. However, this proposal does not further the existing non- conformity. Perimeter Development: Per LDR Section 4.4.29(G)(2}(d), a landscape buffer shall be provided around each MROC development. Parking, structures, perimeter roadways, and other paving is not permitted within this buffer except for bicycle paths, sidewalks, jogging trails, and driveways or access streets which provide ingress and egress for traffc and which are generakly perpendicular to the buffer. The width of the buffer shall be the smaller distance of either the dimensions below or 10% of the average depth of the property; however, in no case shall the landscape area be a width of less than ten (~ 0) feet. It is noted that the existing development does not meet the perimeter landscape buffer requirements. The following table identifies the required and proposed setbacks for the proposed development: ~_ ' Auer-a,_g~ F2e~a~~~~# Sfandard Depth.i~f Landscape =1Wxisting ~.. Prope~EV - < Buffer ~ ~, • When adjacent to a collector or arterial street {east) 30 feet 395 feet 30 feet 30 feet • When adjacent to but separated from residentially zoned property by a street, 25 feet NIA NIA NIA waterway, alley, railway or park. (West) • When abutting non residentially zoned property (north and south} 25 feet 330 feet 25 feet Varies 5-10 feet The site is deficient with respect to the perimeter landscape buffer along the north and south property lines. This is an existing non-conforming situation far the entire center and compliance will be required with redevelopment of the site. Minimum Structure Size: Any free-standing non-residential principal structure shall have a minimum floor area of 4,000 square feet; shalt be architecturally consistent with other structures in the master development plan and shall have direct access to and from other portions of the MROC development. Both buildings located Corporate Tech Center exceed 20,000 square feet. Thus is requirement is met. 4 Planning and Zoning Baard Staff Report: Meeting Date 08/18/08 XF Martial Arts at Delray Corporate Tech Center -Conditional Use Height: Pursuant to LDR Section 4.4.29{G){2}(f){1 }, buildings shall be allowed to a maximum height of eighty-five feet (85') on parcels of three (3) acres or more. The existing one-story building complies with this requirement. Building Setbacks: The fallowing table indicates the required minimum setback requirements. _ _-,Standard = Pravde_d Minimum<Building Sett~acks~~ ~ Front {Congress Avenue} 30' 80.06' -` Side (South) 25' 32` - - Side (North} 25' 53.83' - '= Rear (East) _.~_.~_ 25' 54.14' Along the Congress Avenue frontage, buildings up to a maximum height of 42 feet are required to be placed {to the greatest extent possible} a# the minimum setback. The existing building is setback 81 feet from Congress Avenue. This is acknowledged as an existing non-conforming condition. Supplemental ©istrict Regulations: Parking: Currently, the parking lot accommodates a total of ninety-nine {99) parking spaces. Based an the square footage of the existing buildings {total of 41,202 square feet), the site is deficient with respect to the provision of required parking. This is acknowledged as an existing non-conforming condition and as such, no additional parking is required far re-occupation of existing square footage. It should be noted however, that pursuant to LDR Section 4.4.29(H}{2), the parking requirement for restaurants is significantly higher and requires 12 spaces per 1,000 sq. ft. of ffaar area. Thus, with the establishment of any restaurant, a parking analysis will be conducted and any additional parking space required by such conversion shall be provided. LDR Section 4.4.29{H)(10), requires that parking shall be located to the rear of buildings having direct frontage along Congress Avenue {i.e. no surface parking shall be located between the buildings and Congress Avenue). The site is developed with parking along the Congress Avenue frontage (between the building and the Congress Avenue right-of--way} and this is acknowledged as an existing non-canforming condition. Compliance with this regulation is required with redevelopment of the site. Landscape Requirements: No exterior site improvements are proposed. A visit to the site revealed that the requirement of the approved landscape plan to install twelve {12) Dahoon Hollies, with a 12' min. height x 7' spread, has not been met. Of the eight (8) #rees planted, it is noted that four {4) are completely dead and two {2) are in critical shape. Staff recommends that the property owner install new landscape materials that meet the approved specifications, and this is Hated as a condition of approval. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission. 1. Reinstall deteriorated landscaping to comply with the approved landscape plan. 5 Planning and Zoning Board Staff Report: Meeting Date 08/18/08 XF Martial Arts at Delray Corporate Tech Center -Conditional Use The proposed development can be found in compliance with applicable requirements of LDR Section 4.6.16, once the aforementioned condition of approval has been addressed. t.: ,~ R.E V I E=W.~.BY (3-THH _R S The development proposal is not located within a geographical area requiring review by the CRA {Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been sent to the fiollowing homeowner's andlar civic associations: ^ Neighborhood Advisory Council ^ Delray Oaks Condominium Association Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. -- -T- '- - - =~N T Alit-D G I~NL U~D N --- The proposed Conditional Use request involves the establishment of an instructional martial arts facility within a 2,565 sq. ft. bay at the Delray Beach Corporate Tech Center. Since the site was developed as an industrial center, several defciencies, including parking, open space and perimeter buffers requirements are noted with respect to the newly adopted MROC zoning regulations. These conditions are acknowledged as existing non-conforming conditions and are allowed to remain provided that the proposed change does not increase the non-conformity. While the deficiency in parking creates same concerns, 75% of the activities associated with the proposed use will be conducted after 4:00 p.m. (after peak business hours). This will reduce the potential far any negative impact on the parking resources within the center. No exterior alterations of the building are being proposed. As this is a conditions! use request, site upgrades can be required, to tha# end upgrading the site to meet the approved landscape plan is required. Provided the conditions of approval are addressed or adhered to, the proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E) {5} that it will not have a significantly detrimental effect upon the stability of the neighborhood not will it hinder development or redevelopment of nearby properties. ~~_ -~ A L T, E ~I~N A V..IE 'A C~^__. N-`~' ~ ~ ~ 4 A. Continue with direction. 13. Move a recommendation of approval of the request for a Conditional Use to establish an instructional martial arts facility for XF Martial Arts at Delray Corporate Tech Center, 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 Sections 2.4.5{E} {5}, and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial of the request for a Conditional Use to establish an instructional martial arts facility for XF Martial Arts at Delray Corporate Tech Center, by adapting the findings of fact and law contained in the staff report, and finding that the 6 Planning and Zoning Board StafF Report: Meeting Date x8198108 XF Martial Arts at Delray Corporate Tech Center -Conditional Use request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E} (5), and Chapter 3 of the Land Development Regulations. ~- R E C:.O M.~ ~ IT'D E D ` A Ttl 4,~-N - ~~ Move a recommendation of approval of the request for a Conditional Use to establish an instructional martial arts facility for XF Martial Arts at Delray Corporate Tech Center, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E} (5}, and Chapter 3 of the Land Development Regulations. With said approvals to be subject to the following condition: Reinstall deteriorated landscaping to comply with the approved landscape plan. The landscape installation is required prior to the occupation of this space. Attachments: • Location Map • Survey • Building Floor Plan Repork Prepared By: Jasmin Allen, Planner 7 w z e.7 a W o Z N tyJ N Q CAN AL ~+ w z 0 U 2875 S. CONGRESS o AVENUE J Q Z Q U S. W. 29TH S1'. ti S. 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C~ONCEf~TS I210 511~ING ~ #2C3 nANIA C~ACN ~~ 330C TeI:C 95~) 599-9029 dotal perr~able Square feet; 2, 56 5 / MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT PAPE, AICP, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: August 18, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 WAIVER REQUEST/ST. GEORGE SUITES/AUXILLARY POWER GENERATOR ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver from Land Development Regulation Section4.3.3(00), for the St. George Suites hotel project which requires that all new multifamily residential buildings (including hotels and motels) equipped with public elevators shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one (1) public elevator. BACKGROUND At its meeting of June 13, 2007, the Site Plan Review and Appearance Board (SPRAB) reviewed and approved the Class V Site Plan application for the St. George Suites project. The approval included the demolition of the existing office building and residential dwelling unit and construction of a four-story building that contains 6 hotel rooms. In reviewing the conditions, the applicant's architect has questioned the financial feasibility of the project if required to provide this generator. A request to eliminate this condition has been submitted and is now before the City Commission. 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 (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. Auxiliary Power Generators: Per LDR Section 4.3.3(00), all new multifamily residential buildings (including hotels and motels) equipped with public elevators that apply for a building permit after the effective date of the ordinance (September 5, 2006) shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one (1) public elevator. The applicant has requested a waiver from the requirement to install an auxiliary power generator. The applicant has submitted the following verbatim narrative in support of the waiver: "...Relief to LDR Section 4.3.3(00) which requires Hotel buildings to provide an auxiliary power generator to operate the elevator, interior corridor lighting and exit signs. After investigating the cost of providing such equipment, maintenance requirements, usefulness and fuel consumption we are requesting that this particular project not be required to provide a generator for the following reasons: 1. This project consists of only 6- Suites, in a boutique Hotel environment. This is a business operation and shall be closed, within 24 hours, in the event of a hurricane warning. 2. This building shall not be habitable if their were to be a long term power outage since there would be no electrical service provided, i. e. no air-conditioning, hot water, lighting, means to cook food, etc. etc. to any of the units. Therefore having the elevator operating for a minimum of five days would serve very little purpose. 3. The up front cost factor of a project of this scale is out of proportion to the need. Estimates of $80,000.00 plus to install the minimum size required to meet this City ordinance have been quoted. 4. In the event of a long term power outage the generator would be designed to start automatically, the building would be unoccupied therefore potentially the generator would run and expend fuel unnecessarily, until such time it were to be shut down manually. 5. This is not a Florida building code requirement or any other building code requirement, only a City of Delray Beach zoning ordinance and should be reviewed on a case by case basic... " Waiver Analysis: The purpose of the requirement is to provide safe ingress/egress for multi-story buildings during electrical outages. The applicant has indicated that the hotel will be closed within 24 hours of a hurricane warning. Since this would be a business policy and not a government imposed evacuation order, hotel guests that are unable to make travel arrangements may need to remain during a storm event. Further, unforeseen power interruptions unrelated to a storm event may occur that would necessitate the need for power back-up. It is noted that the Fire Department has reviewed the waiver request and opposes it based on a public safety concern for people that may be stranded during a power outage. Further, the lack of an operable elevator during a power outage increases the risk to medical patients and rescuers. The provision of an auxiliary power generator would allow persons that may have difficulties using stairs the opportunity to enter and exit the building without the need for emergency responders. Based on the above, positive findings cannot be made with respect to LDR Section 2.4.7(B) (5)(a thru d), Waiver Findings. At its meeting of August 13, 2008, the SPRAB considered the waiver request for the auxiliary power generator, which included a recommendation of denial from staff. After discussion, the Board recommended approval, subject to the following condition: 1. That they provide a manual transfer switch for a generator in the place of an automatic permanent generator. RECOMMENDATION Deny the waiver to LDR Section 4.3.3(00)(1)(a), which requires new hotels equipped with public elevators to provide auxiliary power generators for all interior corridor lighting and exit signs and at least one public elevator, based on a failure to make a positive finding with respect to LDR Section 2.4.7(B)(5)(a thru d). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR ST. GEORGE SUITES ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on September 3, 2008 where the applicant is requesting a waiver from the requirement to install an auxiliary power generator for the elevator, all interior corridor lighting and exit signs. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for St. George Suites. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to Section 4.3.3(00) of the Land Development Regulations all new multifamily residential buildings (including hotels and motels) equipped with public elevators that apply for a building permit after the effective date of the ordinance (September 5, 2006) shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one (1) public elevator. 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 request to waive the requirement for the installation of the auxiliary power generator meet all the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 1 submitted and finds that its determinations set forth in this Order are are not 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 Section 4.3.3 (00) of the Land Development Regulations. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3~d day of September, 2008, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 2 ~FiRAY BEACH ~F,~~~m .~~. 7993 2W7 Agent: ~~-:~ SITE PLAN..REVIEW AND APREARANCE BOARD~~, MEMORADUM STAFF REPORT Project Name: Project Location: George Brewer St. George Suites HEH2AY BEACH ,~>~m~ .~~,~. 1993 zoo? The property is located on the east side of Pineapple Grove Way (NE 2"d Avenue) and 410 feet south of NE 4th Street (321 Pineapple Grove Way). _ -= I~EIV~I~_EFORE THE BOAR[ ~'~~~~-',°~ The item before the Board is consideration of a waiver to the auxiliary generator requirement for hotels equipped with public elevators for St. George Suites pursuant to LDR Section 2.4.7(B){5){a thru d). _.w.._ ..~ ~__ -- _ _ - 1 __:_ Backa_round At its meeting of June 13, 2007, the Site Plan Review and Appearance Board (SPRAB) reviewed and approved the Class V Site Plan application for the St. George Suites project. The approval included the demolition of the existing office building and residential dwelling unit and construction of a faur- story building that contains 6 hotel rooms. Subsequent to the site plan approval, the applicant has requested a waiver from the requirement [LDR Section 4.3.3{00)] to install an auxiliary power generator for the elevator, all interior corridor lighting, and exit signs. This waiver is now before the Board for consideration. -~- w _ - WAlVEF~~-I~LYSIS . ~~~ _ 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 (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other praperry for another applicant or owner. Auxiiiary Power Generators; Per LDR Section 4.3.3{00), al[ new multifamily residential buildings (including hotels and motels) equipped with public elevators that apply for a building permit after the effective date of the ordinance {September 5, 2006) shall provide auxiiiary power generators for all interior corridor lighting and exit signs and at least one (1) public elevator. The applicant has requested a waiver from the requirement to install an auxiliary power generator. Meeting ^ate: August 13, 2008 SPRAB Memorandum Staff Report St. George Suites -Auxiliary Power Generator Waiver Page 2 The applicant has submitted the following verba#im narrative in support of the waiver: "...Relief fo LDR Section 4.3.3(00) which requires Hofe! buildings to provide an auxiliary power generator to operate the elevator, inferior corridor lighting and exit signs. After investigating the cost of providing such equipment, maintenance requirements, usefulness and fuel consumption we are requesting fhaf this particular projecf not be required to provide a generator for the following reasons: ~. This projecf consists of only 6- Suites, in a boutique Hotel environment. This is a business operation and shall be closed, within 24 hours, in the event of a hurricane warning. 2. This building shall not be habitable if their were to be a long term power outage since there would be no electrical service provided, i.e. no air-conditioning, hof water, lighting, means to cook food, eft. etc, to any of the units. Therefore having the elevator operafing for a minimum of five days would serve very little purpose. 3. The up front cost facfor of a projecf of fhis scale is ouf of proportion to the need. Estimates of $80,DOQ.00 plus to install the minimum size required to meef this City ordinance have been quoted. 4. In the event of a long temp power outage fhe generator would be designed to start aufomafically, the building would be unoccupied therefore potentially the generator would run and expend fuel unnecessarily, anti! such time it were to be shuf down manually. 5. This is not a Florida building code requirement or any other building code requirement, only a City of Delray Beach zoning ordinance and should be reviewed on a case by case basic..." Waiver Analysis: The purpose of the requirement is to provide safe ingresslegress for multi-story buildings during electrical outages. The applicant has indicated that the hotel will be closed within 24 hours of a hurricane warning. Since this would be a business policy and not a government imposed evacuation order, hotel guests that are unable to make travel arrangements may need to remain during a storm event. Further, unforeseen power interruptions unrelated to a storm event may actor that would necessitate the need for power back-up. It is noted that the Fire Department has reviewed the waiver request and opposes it based on the public safety concern. The provision of an auxiliary power generator would allow persons that may have difficulties using stairs the opportunity to enter and exit the building without the need far emergency responders. Based on the above, positive findings cannot be made with respect to LDR Section 2.4.7{B)(5){a thru d), Waiver Findings. R~1ENp Recommend to the City Commission denial of the waiver to LDR Section 4.3.3{00}(1)(a), which requires new hotels equipped with public elevators to provide auxiliary power generators for all interior corridor lighting and exit signs and at least one public elevator, based on a failure to make a positive finding with respect to LDR Section 2.4.7{B}{5)(a thru d}. 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Q U W N.E. 4TH ST. ~ ~ w ~ Q Q Q ~ ~ ~ (/) z ~ N ~'`~ N.E. 3RD ST. w w w z z z N 321 PINEAPPLE GROVE WAY ~~ sue~ECr ST. GE=C}RGE='S S~ETES PROPERTY ~ ~-A~~-~~7-~I 6WO~ ~-Og ~I ~-OU~O CITY OF OELRAY BEACH, FL PLANNING & ZONING pEPARTMENT LO~ATlt~N NEAP rCITAL BASE MAP SYSTEM -- MAF REF: LM1017 MEMORANDUM TO: Mayor and City Commissioners FROM: Frank Babin, Risk Manager THROUGH: City Manager DATE: August 29, 2008 SUBJECT: AGENDA ITEM 9.C -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 CONTRACT AWARDS/PROPERTY & CASUALTY INSURANCE COVERAGE ITEM BEFORE COMMISSION The Item before the Commission is the award of contracts through RFP #2008-48 for a property and casualty insurance BROKER and THIRD PARTY period 10/1/08 through 9/30/11 (3 years). BACKGROUND CLAIMS ADMINISTRTOR (TPA) for the contract Contracts with City for the incumbent BROKER and TPA both expire on 10/1/08. RFP #2008-48 was let for BROKER services and requesting each BROKER submitt no more than two TPA's considered by BROKER to be effective, competent, able, etc. Written proposals and then oral presentation by each candidate were conducted by an "evaluation committee" comprised of the City's Risk Manager, HR Director, City Attorney and Finance Director. Attached is a detailed narrative of this process. REVIEW BY OTHERS It is noted that all the members of the committee are required to review this agenda item and have done so. FUNDING SOURCE TPA: 551-1575-591-45.20, Claims Handling Costs BROKER: 551-1575-591-31.90, Other Professional Services RECOMMENDATION As a result of the RFP #2008-48 process, the committee recommends that the City Commission approve two contracts to commence on 10/1/08 and continue for three years for the following: 1. Broker services from Employers Mutual Inc.; 2. TPA services from Gallagher Bassett Services Inc. RFP #2008-48, Broker & TPA Services August 29, 2008 OVERVIEW of EVALUATION Five insurance brokers submitted proposals in response to the City's Request for Proposal #2008- 48, Property & Casualty Insurance Broker and Third Party Claims Administration (TPA) Services because both current related contracts are expiring 9/30/08. The written proposals were reviewed by, and all BROKER'S/TPA's met in an oral presentations with the following City "evaluation committee": Frank Babin, Risk Manager, Bruce Koeser, Human Resources Director; Susan Ruby, City Attorney; Joe Safford, Finance Director. BROKER CRITERIA The following criteria were included into the selection of the BROKER: • Estimated annual brokerage cost • Insurance options (insurance v. trust) • Location of BROKER representative's office • Servicing representative(s) • Florida governmental accounts serviced • Written and oral presentations • References TPA CRITERIA The following criteria were included into the selection of the TPA: • Estimated annual TPA service and transition cost • Location of TPA representative's office • Servicing representative(s) • Florida governmental accounts serviced • Written and oral presentations • References Generally, the intent of the criteria is obvious. However, the following clarifying comments are provided: COMPENSATION No matter how many ways the development and inclusion of commissions within the premium is discussed and analyzed, it appears commissions simply are an integral part of the premium and someone will take it, if not the broker then the insurer will just keep it. Similar to buying a car, the questions becomes, "What is the "bottom line" cost?" The RFP requires that should fee based compensation be preferred, the awarded "retail" BROKER would attest to the fact that they have not received any commissions, and effectively identify the extent to which all other parties (e.g., wholesale brokers) to an insurance transaction have received commission, as has been provided by our incumbent BROKER. Overview, page 2 COSTS Attachment I-a, RFP #2008-48, Broker/TPA Estimated Cost Totals, show the estimated cost of all proposed options. Several lower cost options were presented by various BROKER'S/TPA's but were made after the RFP deadline and as a result, unfortunately were considered inadmissible. "BROKER Costs" for first year estimates were taken directly from their submittals. Plastridge clarified a 6% initial proposal by presenting a $125,000 "cap". The AJG estimate was based on their actual commissions realized during the 2007-08 policies year. TPA first year estimates were projected using claims rates provided in proposals (see Attachment I-b, RFP #2008-48, TPA Cost Comparison... a "very busy" spreadsheet but summarizes TPA proposals). "TPA Costs" were projected based upon a three (3) year average of claims by lines of coverage provided by GBS. "TRANSITION Costs" were projected based upon current "open/active" claims taken from the GBS claims data system. Certain assumptions had to be made but the intent was to provide an "apples to apples" way to compare costs (see Attachment I- c, RFP #2008-48, Broker/TPA, Transition Cost Estimates for Claims from GBS). TRUSTS Of the BROKER prospects, The Plastridge Agency presented insurance through the Florida Municipal Insurance Trust (FMIT) and RMA/PRIA presented insurance through the Preferred Governmental Insurance Trust (PGIT). While somewhat differing in their retention levels and organization of the pooling structure, each reported to be actuarially sound and could offer reduced premiums and self-insured retentions. It is our understanding that the intent of FMIT is to create a "spread of risk" though the use of "silos". Each includes diverse geographically located Florida insureds. Based on a "probably maximum loss (PML)" calculation, the trust would retain (e.g., self-insure) a certain amount in each silo, then re-insure the balance. Each excess insurer would only take a percentage of each silo's value. PGIT on the other hand retains a certain amount of the PML in its trust and then re- insuresthe total balance for all insureds. There was a generalized concern by the committee that with either trust the "perfect hurricane" could undermine the trust's surplus and adversely impact a claim scenario. In addition, depending on the City's retention levels, direct control of claims both legally and from a settlement aspect could be compromised, specifically in the reinsured layers above the pool limits. Generally, the committee while realizing a significant presence for each trust (FMIT shows "over 500 members" and PGIT shows "238 of Florida's governmental entities") was not receptive to a trust-based insurance program, especially in light of the "softening" insurance market. The preference was to insure for all lines directly with the insurance companies as in the City's current insurance programs. Overview, page 3 LOCATION It was very important to the Committee that both the BROKER and TPA are near the City. Primarily we wanted to know that whenever needed, e.g., meetings, mediations, etc., the servicing representative would be there. This is especially true for the TPA. FLORIDA GOVERNMENTAL ACCOUNTS It was very important to the Committee that both the BROKER and TPA have along-time, involved presence in the Florida governmental market. The nuances of the Florida legal environment must be familiar to the claims adjuster. Several of the BROKERS and/or TPA's that were either gaining a presence, or were relatively new to the Florida market were of a concern to the Committee. RANKINGS The following is a list of BROKER'S and TPA's showing the priority ranking as determined by the committee, with # 1 being the highest ranked: Property & Casualty Insurance Broker Services: 1. Employers Mutual Inc. (EMI), Stuart, Florida 2. The Plastridge Agency, Palm Beach Gardens, Florida 3. Arthur J. Gallagher & Co. (AJG), Incumbent, Miami, Florida 4. Risk Management Associates (RMA) d/b/a Public Risk Insurance Agency (PRIA), Daytona Beach, Florida 5. Willis, Charlotte, North Carolina Third Party Claims Administration Services: 1. Gallagher Bassett Services Inc. (GBS), Incumbent, West Palm Beach (property, casualty) & Sunrise (workers' compensation), Florida 2. Preferred Governmental Claims Solutions (PGCS), Lake Mary, Florida 3. Employers Mutual Inc., Stuart, Florida 4. Alternative Solutions Concepts, Sarasota, Florida 5. CorVel, Tampa, Florida 6. PMA Management Corp. (PMAMC), Tampa, Florida Overview, page 4 RECOMMENDATIONS As a result of this RFP #2008-48 process, the evaluation committee recommends that the City Commission approve the following for contracts with the City to commence on October 1, 2008 and continue for three (3) years through September 30, 2001, with an optional three (3) years completely at the sole discretion of the City: BROKER SERVICES: Employers Mutual, Inc. • Rated highly in all criteria • Annual cost was second lowest • Local broker • Recommended directly written City insurance programs (e.g., non-pooled) • Exceptional listing of Florida clients and favorable responses from references THIRD PARTY CLAIMS ADMINISTRATION SERVICES: Gallagher Bassett Services, Inc. • Incumbent TPA known to City • City Attorney's Office and Risk Management Division who work with GBS on day-to- day basis and very satisfied with their claims services and administration • Costs were the second lowest; no transition of claims costs • Local TPA (RFP 2008-48 Overview 4.doc) c~ z w U Q H H Q ~ ~ O N O O ~ ~ M (O O ~ ~ O O M O O J M N ~_ (O N ~_ ~ N N N N ~ ~ 0 E!3 EA EA EA EA EA Z 0 ~_ Z Q H O O O o ao 0 ~ O N ~ ~ ~ ~ ~ ~ Z Z Z ~ ~ O N M O ~ M M (O ~ O ~ O ~ M O ~ Ln 00 ~ CO Ln ~ O ~ O o0 M N EA EA EA ~ ~ EA Q d O O O O (O (O O O O O ~ ~ 0 0 0 0 ~ ~ o ~n ~n o m m O N I~ ~ 00 00 ~ ~ ~ ~ ~ ~ w Y O m U w w Q i ~ ~ ~ ~ U (~ d a ~ ~ ~ o U ~ cn m Q U Q ~ Q .-. x Q d L Y ML W ~~ 0 U 0 H ., 0 U ~ ~ ~~~~~~~ ~~~~ ~~ ~ cn ~, o `n Q W ~ W W W W W W W= W W W W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W W ~ ~ W ~ ~ o N ~ o L L ~ O i N ~ J Z J J J J J J J N ~~ J J J J ~ J J' J p (~ U U U U U U U U pp O~ U U U U U U U ~ ~ Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Q - - - - - - - - - - - - - - - 67 N ~ N i Z O O ~ ~ ~ ~ ~ ~ ~ c~ ~ N ~ ~ W m ao aoOOOO ~ ~ ~ L ~°i~aoO W ~ i o (~ ~ U ~ ~ ~ ~ ~ U N - o ~~ I~ O H O \ \ N O O z O z ~ Q i \ ~ J ' Q \ i ~ ' c~ ~ t U (~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N N ~ Z Z i ~ Q ~ Q O N O O O O O O ~ U ~ I~ N U Z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o 0 0 0 0 ~ o ~ Q 0 N t N N V fC O \ ~ C ~ ~ L ~ ~ ~ ~ ~ ~ ~ ~ ~ T ~ CO ~ I~ C7 I~ C7 Z~~ N J~~ J J J J J' J ' ~ T o U N U U U U U U o Y `- o Z ZZZ ZZ Z o ~ N d ~ rn "' O O °~,~ °u W ~ ~ ~ L U o o~ W W ~ o O \ W~ v _ J N n \ p ~ ~ \ \ \ \ \ \ C L L Q Q ° Q ~ \ d O ~ U ~ N N N N U N \ ° L L ~ O ~ ~ O ~ z ~ ~ N ~ ~ O J J ~ ~ ~ C z ~ ~ ~ J \ C O ~ ' ~ ~ C'7 ~ ~ -~ ~ \ ~ ° U U U o Y ~ ~ ~ ~ O N 67 O 67 O O Z Z N Z~ o O \, CO ~ ~ ~ ~ ~ ~ U ~ ~ ~ ~ ~ ~~ ~ J j \ N o N L ~' ~ ~ ~ ~~ ~ ~ c ~ L W W c L~ p~ ~ ~ c O~~~~ O~ W~ ~- ~~ O O "O v ~ x (o ~ ~ ~ ~ U z ~ N N N N C'7 N O OO ~ O I~ ~ ~ ~ ~ N o2S O ~ ~ ~ U .L ~ ~~~~~ C7 ~~ N O~ J J ~ `nNUU J U~ U ~ ~ m ~t7 ~ 0 ~ ~ ~ ZZ Z~y~~ o ~ ~ o ~ o ~ + O t ~ r ~ N * CO ~ :~ ~ O `n ° O W W W W W ~ + ~ a~ c~ W o ~~~~~ °~nooooUo~o ~ -~ ~ o ~ \ ~ O ~ _ E ~ CO CO CO CO z CO ~ O ~ ~ J J J J O N N OO OO J ~ ~ = p O ' T W v U U U U ~ U~ o er Y ZZZZ ~ Z o ~ ~ o0 p ° ~ ~ H ~ ~ ~ ~ fn X U ~ ~ ~ ~ O L U ~ ~ a~ -~ o m 0 X ~ ~ > ~ ~ X ~ ~ *~ ~ *~ 3 o in U x ot3 U ~ ~ m ~ >, ~ ~ ~ L ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O / Q H rY C ~, N c ~p - O O / Q ~ _ Q ~ U ~ « ~ O ~ ~ rY ~ Y O c0 O + c ~, - Q ~ + ~ ~ ~ O ~ ~, ,~ ,~ ~ ~ Q ° ~ O m ~ oo O p U a' c ~ ~ ° _ ~ O ~ O ~ ~ ~ ~ m ~ ~ .° ~ N N ~ ~ ~ }' ~~ ~ ~ ° U 3 0 0 N C C N m d (6 ,~ U ~ ° C U i i ~~ O N U 0 O C 0 ~ ~ W d O O N U m m m ~- m .~ U z W ~ "~ ~ "~ ~ JJ ~ ~~ ~ ~~ QU.~.~~ _~o O~ L " U ~ (~ (~ ~ ~ ~ ~ ~ ~_ m Q O Z Y W W W O I ~ U O 0 0~~ c6 Q O O ~ U U 7 7 O O J ~= d ~ "O O N~ _ N N ~p N _ ~ Z O Z O ~ W W O ~ ~' ~ J > > 0 . > > > > Q Q U C~ `~ ~ m ~ ~ W Q ~ ~' m (n U U ~ W Q ~ ~ ~' m I U ~ Q ~ Z Z d W ~ 0 0 0 0 0 ' 0 0 0 = M 00 O M O N O N L! ) I~ 0 B 0 O 00 O N Q ~ ~ ~ ~ ~ ~ ~ 00 ~ ~ fA ~ fA fA ~ o N ~ Q ~ CJ rn o ~, M EA Efl M EA M EA M EA M Efl I ~ ~ O Q 0 ~ ~ otS (0 O 0 O 0 O 0 O 0 O 0 O 0 O Efl O O I~ O ~_ O O r ~ ~ N ~ L x N EA EA EA EA ~ EA (B ~ U <''~ (, d O ~ Ln ~ L() ~ 0 O 0 O 0 ~ i N ffl ~ ffl ffl N(f} ~ i > O ~ . ~ a m '~ U O O O O O O O O E O rn O rn O m O m O Ln O m O o O ~ (O ~ M O ~ ~ ~ 00 '~ M fA fA fA fA Ln (A EA EA ~ U ~J,J O ~n ~ ~ 0 o 0 0 0 0 0 0 o ~ ~ ~ ~ ~ ~ a~ .~ E ~ ~ 'c~ ~ o `o U ~ ~ ~ ~ ~ ~ ~ ~ Z x ~ ~ U Z Q- ~ ~ ~ c ~ O Z N N N N ~n N ~ ~ ~ H W .~ x 00 ~ ~ M ~ ~ a.., ~ ~ U N > O ' ~ O U E N i ~ ~ ~ a--~ a--' ~ (0 +0-' fA ~ (0 Q 0 C 7 Q d ~ O O . ~ (B O O ~ O ~ O N ~ ~ O m >, •~ ~ U ~ o ~ ~ ~ ao ~ O ?~ ~ ~ o c ~ . ~- ~ N O O fA a--' U Q O ~ "O N m d ~' ~ ~ ~ ~ d LL I I O ~ ~ ~ ~ (~ ~ ^ ~ n W ' co U ~ U ~ ,~ co co ~ co o c ~ a W ~ Q U W J J d 0 ~ ~ N N MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: August 29, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 NOTE, MORTGAGE MODIFICATION AND SUBORDINATION AGREEMENT ITEM BEFORE COMMISSION The item before the City Commission is a Note, Mortgage Modification and Subordination Agreement Between the City of Delray Beach and Auburn Trace, Ltd. BACKGROUND Some time ago, as part of its efforts to secure a CWHIP Grant from the State, Auburn Trace approached the City to revise its mortgage and note loan agreements that have been in effect for many years. The Agreement is known as the UDAG (Urban Development Action Grant) Agreement. Auburn Trace received approval from the City Commission to revise the Agreement to provide a one million dollar note forgiveness if the UDAG loan was paid by 2010. The City Commission also agreed that as part of the modification, the Land Note portion was to be paid upon execution of the revised Note and Mortgage. The terms the City Commission considered previously did not include a request for subordination of the UDAG loan. The previous agreement by the City Commission was not reduced to writing. Auburn Trace is now requesting that the City enter into the Modification Agreement which includes, in writing, the previously agreed upon terms to forgive one million dollars of the UDAG loan if paid by 2010, and the payment of the Land Note to the City in the amount of $276,432.00 upon execution of the modification and however, adds a Subordination Agreement. The Subordination Agreement provides that the City will be moved from second place behind the Orion Bank Mortgage to fourth place behind two loans to Orion Bank and behind the Small Business Loan. There is a letter attached from Michael Weiner explaining the loans and their amounts and a memo from the Finance Department. RECOMMENDATION Our office recommends denial of the modification as drafted. There is no new consideration for the subordination which puts the City in the fourth position. More importantly, in the event of default, foreclosure or bankruptcy, the subordination would decrease significantly the City's chance to recoup the UDAG loan amount. Our office recommends approval however, if the Note and Mortgage Modification is revised to omit the subordination portion of the Agreement. INEINER, ARONSON ~ MANKUFF, P.A, ATTORNEYS AT LAW 10 S.E. '!~ Avenue, Suite C Defray Beach, FL 33444 Telephone: (361 } 265-2666 Te[ecopier: {5fi1 } 272-6831 E-mail: mweiner(r7lzone[aw.com MICHAEL 5, WEINER GAROLE ]. ARONSON yASON S. MANKOFI~ August 27, 2008 Susan Ruby, Esquire City Attorne~ 200 N.W. 1 Avenue Delray Beach, f'lorida 33444 Re: Current indebtedness at Auburn Trace Our Fite No.: AUBNI026 Dear Susan. 1/fa E-Mail To the best of our knowledge and belief, the following is a list of the mortgages currently encumbering Auburn Trace: 1. Lender: Orion Bank -~ with an original balance of approximately $8,200,000.00 which is now approximately $9,500,OOO.DO. 2. Lender: City of Delray Beach -- with an original balance of approximately $5,328,000.00, and which consists of : {a) the Primary UDAG Loan ($3,840,000.00); (b) the 20% Match UDAG Laan ($720,000.00); and {c) Promissory Note Loan ($720,000.00}. The balances are now approximately $3,800,000.00 as #o the Primary UDAG Loan, $320,004.00 as to the 20% Match UDAG loan, and the Promissory Note has been fully repaid. 3. Lender: SBA -with an original balance of approximately $400,700.00. We are atkempting to rearrange this financing by taping a mortgage and promissory note with Auburn Trace as the Borrower and Boynton Bay as the Lender, which will be assigned to Orion Bank as additional colla#eral In the principal amount of $70D,OD0.00 and placing i# in a second position behind the first mortgage of Orion Bank. Some of these funds will be used to pay in full the 20°k Match UDAG Loan. 5o a#terwards, the financing will be as follows: Orion Bank with an approximate balance of $9,500,OOOAD. 2. Orion Bank in the principal amount of $700,000.00 by way of an original mortgage which shows Boynton Bay as the Lender and Auburn Trace as the Borrower assigned to Orion Bank. 3. The SBA loan with an approximate balance of $400,70Q00. KERRY D. SAFIER STEPFIEN B. GEBELOF~ O:IAUBIVI0281Letler to Susan Ruby current indebtedness at Auburn Traces. Aug 27.2U08.doc Susan Ruby, Esq. August 27, 2aat3 Page 2 4. City of Delray Beach consisting of a Primary IJDAG loan with an approximate balance tsf $3,8aa,aao.aa. We are confirming that we shail pe able to discuss this proposal at the City Cammissian meeting of September 3, 2008. Thank you in advance for your assistance. Please cal! me with any questians.,.~ Uery trul ors, ~~ MSW:ek cc: Mr_ Cito Beguristain {via a-mail) Mr. Tom Hinners {via a-mail} O:Wt1BM0281Letter to Susan Ruby current indeklbedness at Aubum Trace. Aug 27.2(#08.dx MEMORANDUM To: Susan Ruby, City Attorney From: Joseph M. Saffor irector of Finance ~ubj ect: Auburn Trace LTD Agreement Date: August 28, 2008 We have reviewed the Auburn Trace agreement and found that the proposed agreement varies from what was originally verbally agreed upon. The proposed agreement provides for the immediate payout of our land note with an outstanding balance of $276,432 in exchange for a City forgiveness of $1,000,000 on the U©AG loan if the remainder of the UDAG loan is paid by December 3i, 2010. This was approved by prior City Commission action. The proposed agreement, however, also requires that the City's loan be subordinate to Aubum Trace's SBA loan totaling $400,7fl0 and a Boynton Bay loan ("Orion Collateral Mortgage") totaling $700,000. The net change is that the City is being asked to suboMinate its position to $1,140,700 of additional debt owed by Aubum Trace with no additional consideration for the change in the subordination. The change in subordination was not agnaed to in our prior discussions with Aubum Trace. With respect to our current agreement, we are second in line; this would change to fourth with the proposed agreement. l am not satisfied that the letter dated August 28, 2008 from Michael Weiner, attorney for Aubum Trace, contains sufficient information for us to approve the subordination of our loan to Aubum Traces' SBA loan as well as the Orion Collateral Loan. The letter simply provides the original and outstanding amounts of the various loans made t4 Aubum trace without disclosing the terms of the various loans. We have to be Concerned with the ability of Aubum Trace to complete this project according to their initial projections given the current real estate market, the decline in property values, the present mortgage market, and the overall general economy. Given these concerns, we should not support any further subordination of our outstanding loans to Aubum Trace. We do not find that this current proposal from Auburn Trace is of any benefit to the City. We would recommend that the proposed agreement be executed according to previous City Commission actions and reject the current proposal to subordinate our position_ c: Rebecca S. O'Connor Revised $/2710$sar PREpAREA BY AND RETURN TO: MICIIAL•'L S. WEWER, L:.~QI]1Rks WRlNF;Ii, ARnNSON & MANKO[~i~, P,A. !Q ti.~. !el ~VCIIIIC, SU1tC ~, !)elray (jeach, !'larida 33444 NOTE TO CLERIC: Th1ISNOTEANDMORTCAGEMOD/I`ICATCONANDPARTIALRELEASEACREEMENT CONTINUES CONTRACTUAL OBLICAT,IONS, HWITHOUT ENLARGEMENT DFTHE EXISTING PRINCIPAL. BALANCE OF THENOTESDESCRIBED HEREINANDIS EXEMPT FROMDOCUMENTARYSTAMP TAXES AND INTANGIBLE PERSONAL PROPERTY TAXES UNDER SECTION 207.04 AND SECTION II9.745, L%LORIDASTA7'UTES,RESPECTIVELY. DOCIMENTARYSTAMPTAX~SANDINTANGIBLEPERSOII+AL PROPERTY TAXES WERE PAID ON TIIE ORIGINAL NOTES IN CONNECT101V WITH THE RECORDATION OF THE MORTGAGF„ AS FURTHER DEFINED HEREIN. NOTE, MORTGAGE MODIFICATION AND SUBORDINATION AGREEMENT THIS NOTE, MORTGAGE MODIFICATION AND SUBORDINATION AGREEMENT ("Agreement") made this day of September, 2008, by and between AUBURN TRACE LIMITED, a FIorida limited partnership ("Auburn") and CITY OF DELRAY BEACH {"City"). WITNESSETH: WHEREAS, the City applied far and received an Urban Develapme~at Actian C'xrant (UDAG Grant) from the Federal Government dated May 4, 198$; WHEREAS, the Federal UDAG Grant was amended on April 3,1989, and on September 9, 1991; WHEREAS, The City and Auburn Trace Limited entered inia an agreement (also called the UDAG Agreement} dated June 29, 1989, amended on August 23, 1989, November 20, 1992, Navember 2~, 1992, February 17, 1997, dulyl, 1997; WHEREAS, Auburn is currently the fee simple owner ofproperty in Palm Beach County, Florida, described in Exhibit "A"; WHEREAS, the City is the owner and holder of that certain Martgage and Security Agreement ("Mortgage"} executed by Auburn in favor of the City recorded on dune 30, 1989 in Official Retard Bool< 61 I6, Page 523 ,Public Records of Palm Beach County, Floridain the original principal sum of F[VE MILLION THREE HUNDRED TWENTY EIGI~IT THOUSAND and NO/10U DOLLARS ($5,328,000.00)(whichtonsists of the notes referenced below and described as ():1AU13MQ261Avburn Trace Note-Mtg Subard Agreement. OSZ908,. FlN/1l,;doci Revised RJ271DRsar the Primary UDAG Note,. the 2D°/a UDAG Match Note, and the Land Note) collateralized by the property described in E~cltibit «$"; WHEIZEAS, Auburn executed a Promissory Note in the original principal sum of THREE MILLION EIGHT HUNDRED FORTY THOUSAND and NO/[ 00 DOLLARS ($3,840,000.00) {"Primary [IDAG Note"} on June 29, 1989 which was Iater modified by an Agreement to Revise Payment Schedule on November 20, 1992 which was modified later again by an Agreement to Revise Term and Fay>:nent Schedule on February 17, 1997 which was again later .modified by an Agreement to Revise Term and Payment Schedule on July i, 1997, which was recorded on July 10, 1997, in Official Records Book 9883, Page 1596, Public Records ofPahn Beach County, Florida; WHEREAS, Auburn executed a Promissory Note in the original principal sum of SEVEN HUNDRED TWENTY THOUSANDand NO/100 DOLLARS {$720,OOOAO} ("Land Note") on July 29, 1989 which was Iater modified by an Agreement to Revise Payment Schedule on November 20, 1992 which was again later modified by an Agreement to Revise Payment Schedule on February 17, 1997 which was again later modified by an Agreement to Revise Payment Schedule an July 1,1997; WHEREAS, Auburn executed a Promissory Note in the original principal sum of SEVEN 1~IUNDRED SIXTY EIGHT TIOUSAND and N(l/IOD DOLLARS ($768,000,00} (" 20% UDAG Match Note") an June 29, 1989 which was later modified by an Agreement to Revise Payment Schedule on November 20, 1992 which was again later modified by an Agreement to Revise Payment Schedule an February 17, 1997 which was again later modified by an Agreement to Revise Payment Schedule on July 1,.1997; WHEREAS, 'The Primary UDAG Note and Land Note aze outstanding and are sometimes collectively referred to as the "Existing Auburn Trace Notes:' The 2D%° UDAG MatchNote has now been paid in full by Auburn; WHEREAS, the City and .Auburn entered into a Land Use Restriction Agreement recorded June 30, 1989, in Official Records Book 6116, Page 47D, Fublic Records of Palm Beach County which was later modified by a First Amendment to Land Use Restriction Agreement dated Agri 124, 20D6 {Land Use Restriction Agreement and First Amendment to Land Use Restriction Agreement ate sometimes hereinafter collectively referred to as "CUBA"); WHEREAS, Continental Wingate Associates, Inc., the City, and Auburn entered into a Subordination Agreement relating to the Primary UDAG Note, which Subordination Agreement was originally recorded July 10, 1997, in Official Records Book 9883, Page 1620, Public Records of Palm Beach County, Florida and was re-recorded on July 30, 1997 in Official Records Book 9913, Page 141, Public Records of Palm Beach County, Florida to add the date ofthe Note described in Page 5 of said Agreement, WHEREAS, Continental Wingate Associates, Inc., the City and Auburn entered into a Subordination Agreement relating to the 20%UDAG MatchNote, which SubordinatianAgteement 0:1/111HM0261Auhum'I'raee Nate-Mig-Sub°rd Agreement. ~8290R. rINAL.doc2 Re~~~ea Bnrross~ was. recorded July i 0, i 997, in Official Records Book 9883, Page 1636 of the Public Records of Palm Beach County, Florida; WHEREAS, Continental Wingate Associates, Inc„ the City and Auburn entered into a Subordination Agreement relating to the Land Note, which Subordination Agreement was recorded July I0, 1997, in Official Records Book 9883, Fage 1652, Public Records of Palrn Beach County, Florida; WHEREAS, Orion Bank and Auburn Trace, Ltd. entered into a Mortgage Security Agreement and Assignment of Rents Agreement which was recorded in the Official Records Book 20273, Page 1396 of the Public Records on May 2, 2006; WHEREAS, the City, Auburn Trace LTD, and Orion Bank entered into a Subordination Agreement for the Notes referred to herein as the Primary UDAG No#e, and the Land Note on April 26, 2006 recorded May 2, 20fl6 in Official Retards Book 20273, Fage 1430, Public Records of Palm Beach County, Florida along with an Amendment to Subnrdinati:on Agreement dated December I3, 20fl6; WHEREAS, the Gity executed a Partial Release of Mortgage ("Partial Release") which released a portion of the property secured by the Mortgage which was recorded May 2; 2006, in Official Records Book 20273, Page 1392, Public Records of Palm Beach County, Florida; WHEREAS, the documents described above are sometimes collectively referred to as the "Auburn Trace Lean Documents"; WHEREAS, the Small Business Admitstration, an agency of the government ofthe. United States of America, entered into a Mortgage Agreement with Auburn Trace, Ltd., which was recorded in Official Records Book 18805, Page 67, of the Public Records of Palm Beach- County, Florida on June 24, 2005 (the "SBA Loan");. WHEREAS, the Small Business Administration entered into a Subordination Agreement as to the SBA Loan which was recorded in Official Records Book 20273, Page 1427, of the Public Records of Palm Beach County, Florida. on May 2, 2006; WHEREAS, there has been assigned to Orion Bank a certain Mortgage in the amount of Seven Hundred Thousand Dollars ($ 700,000.00). The Mortgagor of which is Auburn Trace, LTD as a~lciitional security to Orion Bank {the "Orion Collateral Mortgage"); WHEREAS, the City has granted certain permits and approvals of certain projects and developments which incorporate the property described in Exhibit G°A" and which among other things, allow Far the affordability of certain residences under the terms and conditions of such permits and approvals (the "Land Use Approvals"). U:IAUBMQ261nuburn "['mcc Notc-Mtg-suhnrd Agrcemcnl. 062908. !~[NAL.dac3 Revised lt/27l08sar NOW, THEREFORE, in consideration afthe premises and the mutual agreements herein contained, as well as the payment of the sum of TEN and NO/100 DOLLARS ($10.00) Pram each to the other and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto for themselves; their successors and assigns, hereby mutually covenant and agree as follows: I . Recitals. The Recitals set forth above are true and correct and incorporated herein. 2. Primary UDAG Note. Annual payments of ONE HUNDRED FORTY NINE TFIOtJSAND f WO HUNDRED FORTY FOURand NO/100 DOLLARS {$149,244.00} of principal and interest (interest is 3% per year}are due an December 31 of each year. All unpaid principal and interest including, bT.~t not limited to deferred interest, shall be due an June 30, 2022: 3. Land Nnte . Annual payments ofTWENTY-ONE THOUSAND TWn HUNDRED SIXTY FOUR and NO/100 DOLLARS ($21,264.00) of principal are due an .tune 30 of each year. This is an interest free loan. All unpaid principal shall be paid as set forth in Paragraph 5. 4. Forgiveness of One Million a>rrd no110U Dollars (~1.UOU.000.0.01- In the event Auburn prepays the Primary UDAG Note in full on or before December 31, 2010, the City agrees that upon receipt of the payment by Auburn, the City shall forgive ONE MILLION and NOl100 DOLLARS {$1,000,000.QO) of the total mount due on the Primary UDAG Nate. Thus, ONE MILLION and NQ/100 DOLLARS ($1,000,000.00) Tess than what is actually owed may be paid by Auburn to satisfy the Primary UDAG NUte. If Auburn fails to pay the Primary UDAG Note in full by December 31, 2010, na part ofthe Ivan shall be forgiven and Primary UDAG Nate shall continue to be paid in accordance with Auburn Trace Loan Documents and Paragraph 2 herein without reference to this Paragraph 4. S. Full a ent of t e Land Note U on Execution of t is A Bement. In consideration of the City entering into this Agreement Auburn agrees to pay upon the complete execution of this agreement the entire amount of the outstanding Land Note. The outstanding balance remaining on the Land Note is TWO HUNDRED SEVENTY SIX THOUSAND FOUR HUNDRED THIRTY TWO and NOll00 DOLLARS ($276,432.00). Upon the full payoff of the Land Nate, the City shall execute a Partial Release of Mortgage as set Earth in Paragraph 6. 6. Release of Collateral. Upon execution of this Agreement, Auburn shall pay in full the Land Note, and the City shall execute and deliver a partial release of lVlartgage from all Auburn `Trace Loan Docuzzaents with respect to a parcel of approximately eleven {ll) acres, a legal description of which is attached as Exhibit "C" and. the same shall be recorded in the public records of Palm Beach County, Florida. 7. LURA. Attached hereto as Exhibit `°D", which is an email, is a confirmation that HUD releases the City from all UDAG Grant requirements and upon the full payoff of the Land Note 0:1AU[3M02G1Auhum'I'race No[c-Mtg-&ubord Agrccmcnl. 082406. f1NAE,.dticA Ttevised A127/08sar as set forth in Section 5 above, Auburn shall adhere to the amended LU1ZA that, comports with the affordability requirements and representations of Land Use Approvals, as determined to be acceptable to the City which shall be attached as Exhibit "E" hereto. 8. Subordination. The City agrees to subordinate the Prirrtary UDAG Note and Mortgage to the 5BA Lean. The City agrees to subordinate the Primary UDAG Note and Mortgage to the Orion Collateral Mortgage. 9. Further Assurances. Each of the parties hereto will execute and deliver such further instruments and do such further acts and things which may be required to carry out the intent and purposes of this Agreement. If requested, the City shall execute and deliver a separate instrument confirming subordinatinn of the Primary UDAG Note and Mortgage to the SBA Loan and Orion Collateral Mortgage. 14. Amendment. The Auburn Trace Loan Documents are hereby amended and math&ed herein by this Agreement. Any provisions in the Auburn Trace Loan Documents in conflict with this Agreement ate hereby superseded by the terms of this Agreement. 11. Ent~3re_Agreement. This Agreement, the Auburn Trace Loan Documents and the other documents and agreements referred to herein, as modified and amended, constitute the entire agreement and understanding between the parties hereto with regard to the. subject matter hereof and supersedes all conflicting previous oral or written agreements and understandings with respect thereto. Neither this Agreement nor the provisions hereof maybe waived, amended, ar changed except in a writing signed by the party against which enforcement of such waiver, amendment, or change is sought. 12. Miseellaneons. If any provision of this Agreement is held to be invalid, or unenforceable, the remainder of the provisions. of this Agreement shall remain in full faro; and effect and shall in no way be affected. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. Ail Exhibits are hereby incorporated by reference and made a part of this Agreement. 13 . Effectiveness of Agreemen#; Seebordinatian. This Agreement shall not be effective until it is executed by all parties and by the Mayor of the City of Delray Beach. The City shall not have the Agreement executed by the Mayor until Auburn produces resolutions as to the proper signatories to this Agreement. The City understands that by agreeing to this Note and Mortgage Mndif cation Agreement, that the previously entered into subordination agreements remain in effect as to this Primary LJDAG Note, Mortgage Modification and Subordination Agreement. 14. No Waiver. The parties agree that by allowing a refinancing in the past and in the future by :Auburn without accelerating the entire balances due the City does not waive the City's right to accelerate the entire amount upon all outstanding Notes in the event of default or upon refinancing by Auburn, unless expressly waived in writing by the City, pursuant to the terms of the O:lAUk1M0261Aubrrrn'T'raec Nule-Mtg-Subvrd Agreement. 0$290!3: T'INAI..c3vc5 Revisod SfZ7lD&sar Auburn Trace Loan Documents. IN WITNESS WHEREOF, have caused these presents to be executed, all on the date and year first above written. ~Srg~natures on Next Page] ():IA1JIlM02.61Au~uni Truce T~Euic-Mlg: Subord Agrccnlenl. X62908.9+iNAl..dcicb Reviacd X127108sar Signed, :sealed and delivered in the presence of: (Print Name) By: Auburn Management, Inc., (Print Name) a Florida corporation, its General Partner AUBURN 'TRACE, LTD., a Florida limited F~eTShtF By: Auburn Trace Joint Venture, a Florida general partnership its General Partner ay: Tom Hizu~ers Its: ChieF Executive Ot~icer CITY OF DELRAY BEACH, FLORIDA By: Attest: Rita Ellis, Mayor {Prunt Name) {Print Name) City Clerk Approved as Form: City Attorney 0:1AURM02G1Auburn'rrece Noto-ivlig-5ulwrd Agre~cmcni. 08Z9U8: r1iYAL,dcc7 Revised 812T/OBaar STATE Or RLORIDA CgE1N"I'Y OF PALM 13EAGN The foregoing instrument wars sworn to and subscribed before me this day of IVlarch, 200$ by 7'am Hinners Chief F,xecutiue Officer of Auburn Management, Inc., Geizeral Partner of Auburn 'Grace Joint Venture, Geineral Partner of Auburn Trace, Ltd. Signature of Notary Public -State of Florida Print,Type, or Stamp CommissianedNameofNotary Public S'I'A'I'E OF FLORIDA COiJNTY OF PALM BEACH The foregoing instrument was sworn to and subscribed before me this day of March, 200$ by , as of City of Delray Beaclz. Signature of Notary Public -State of Florida Print, Type, ar Stamp Con~xnissioned Name of Notary Public My Commission Expires: Personally Known OR Produced Identification Type of Identification Produced tl5AU0M01t)Wa[o-Mtg-SuFwrll_Agreernrnt Rev.l 062208 dnq O:LAUB1N02GlAuburn Trace Nole-lvllg-Snhord A~rccmcnt. 082908. I~iNAl..dvc6 EXHIBIT "A" 'Chat prxti a! the Subdivisiaa a! 8eation 1Q, Tow[uthip 16 5ogth, 8arigr ~3 SA1iti, FpYfi Ifesah caantY, I~laritia, aaodxdin9 to tha plat rr~dad is Flat soak 1, PABa ~ a! tha ~lic Raadtds aE Fa],ni Haaah Caunbp, Y2osfda, Gaagxlhad us to7.loWsi The Neat hel! a# Lot 25, leas the !lotikit 29 flat theraoll the YArt ?ux! of Lpb x4, ls,e~c thr Not}h 2~ last thetas!, laps bha coati 28 East shaxeal, ],esa the South 1D !at tha[roi° SOd. kaaa thr l~axth 3~.o.Zi3 !rah a! tha Saulth 3$q.20 lass (da maesurx8, paralla]. with tba ]iaat lino o! said, Lak 253 a# h3~a ~}asti 19'3.20 la~et of t}fe Sark 326.70 !"art ias maasursd prraiLr], Kith tha Routh line a! bail Lob ~5)~ tha Saukb 1R feat o! the 9P~rat 15 iaek of tha ~w8 ha~li o! LoX 2S~ Eha NeoC 2S lash a! hha ~[ast half a# Lot Z61 tha Nrat halt aE Lat 26J end tha arsb hal! at Lot 1B. LESS RAID EXCEPT Tract ~ of the Plat of AUBURN TRACE, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in aad for Palm Reach County, Florida, recorded in Plat Book 64, Page 184, Public Records of Palm Beach County, Florida. Book202731Page1380 Page 5 of 5 EXHIBIT „~« That part Qf the Subdivision of Section 2Q, ~Towns.hip 4fi South, Range 43 East, Pa1m~Heach County, Florida, accozdit~g to the plat recorded ~.n Plat Book 1, Page 4 of the Pub3ic Records of Palm Beach County, Florida, described as follows: The West half of Lot 25, less the North 25 feet thereof; the East half of Lot 75, less the North 25 feet thereof, less the east 25 feet thereof, less the South 16 feet thereof and Less the North 310.20 feet of the South 320.20 feet (as measured parallel with the East line of said Lot 25) of the West 295.20 feet of the East 320.20 feet (as measured parallel with the South line of Said Lot 25); the South 10 feet of the West 2S feet of the East half of Lot 25; the West 25 feet of the East half of Lot 25; the West half of Lot 2b; and the East half of Lat 18. said lands being in Palm Beach County, Flo=ida. ~JCHlB1T `'C.~ LEGAL DESCRiPT10N Tract "G" and a portion of Tract "G", AUBURN TRACE, according to the Plat thereof as recorded in Plat Baok 64, at pages 184 through 186 of the Public Records of Palm Beach County, Florida, being Fnore particularly described as follows: Begin at the southeast corner of Tract "C", 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; thence S89°29'23"W along the south line of .said Tract "C" for a distance of 1190.53 feel; thence N27°00'00"E along the west line of Tract "G" and Tract "C" of said Auburn Trace Plat, said. west Line being coincident with the east right- of--way line of Auburn Avenue,.. for a distance of 129.G9 feet to a point on a tangent curve; thence northeasterly along the arc of a circular curve to the right and concave to the southeast, having a radius of 150.00 feet and a central angle of 18°03'00" for an arc distance of 47.25 feet to a point of tangency; thence N45°03'00"E for 142.17 feet; thence S89°57'00"l along the south line of Tract "A" of said Auburn Trace Plat for a distance of 280.60 feet; thence N00°03`00"E for 200, I S feet; thence N45°03'00"E for 70.00 feet; thence NSO°SO'S3"W for 51.24 feet, said last three described courses being on the east boundary of Tract "A" of said Plat; thence N89°29'23"E for 715.42 feet; thence S00°17'16"W along the east line of said Tract "C" for a distance of 531.54 feet to the Point of Beginning. Said lands situate in the City of Delray Beach, Palm Beach County, Florida. Containing 11.03 acres of land, more ar less. a:uut3MOZS\e.e~at o~cr;puon.elac N'W: UllA(i Brant tZuestios3 -ration! Mail Page 1 of 2 ~~~~ MAlL ~~~~~r `r Deg ~ Classic FW: UDAG Grant Question Tuesday, March 11, 2008 4:57 PM From: `Butler, Lula" ¢9utlcrE~ICi.deEray-beech.fl,us> To: dawnyuzzetla20p3~yahno,corn Image001.jpg .{?.1(B} Per your xequest, ors is the a-mail from HElll regarding the City'e UDAG Agreeates:#. T,et me know if this helps. From: Rlpert; Elizabeth Send Tuesday, March 11, 28th 4:56 PM To: Butter, l.ula SubjecC FW: UbAG Grant Question From: Alpert, i=lfzabeth SenC Tuesday, January 22, 2088 4:82 PM Ta: Butler, i.ula Subject: pW: UDAG Grant Quee;6lori From: KamEnsfry, David [lnallto:David.Kaminslry@hud.gav] Sent: Tuesday, January 22, 2888 3:57 PM To: Alpert, Elizabeth Subject: RE: UDAG Gant Quesaan The sty satisfied its obligation t4 HUD when it closed th.e ~3.$ million loan as per requiremenks of the grant agreemenk between HUI] and the city. The only remaining requirement is that the first time repaid funds are used by the City they are spent on Title I eligible activities. The city is free to forgive ar nastructure Ehe debt as it wishes with no requirement for IiLID approval. From: Alpert, Elizabeth [mailto:Alpert~ci.delray-#seaeh.fl.us] Sent: Tuesday, ]anuary 2Z, 2008 3:34 PM To: Kaminsky, David Subject: Ri=: UDAG Grant Question From: Alpert, Ellzh 5ertt: Fl'lday, January 18, 28D$ 2:23 PM To: 'david.icaminsky~hud,gov' izttp://u9.me31$.mail.yahoo.camlmc/ahowMsssage7fid=Xnhox&sort--date&oxder--down&st... 3/11124Q8 FW: UDAG Grant Question - Ys#rool Mail Page 2 of 2 Subfeet: IJDRG Grant Question Hi David, La. Vora Bussey, my CPD field Rep, gave me your contact information in hopes that you might assist me in answering the following question: In. 1989 the City of Delray Beach, was awarded a $3.8 million dollar Urban Development Action (LTDAG} grant in support of lire development of the Auburn Trace, a 256 development of affordable rental units. The agt~ment required that the City loan these dollars to the developer. HiJD approved the initial agreement and loan structure. Since that time, the City has allowed the developer to restructure the loan several t`vmes. The developer is now asking the Gity to forgive $l.5 million and res#ructure the payback ofthe balance based on a schedule of sales for affordable town homes that will be cons#ructed over the next 5 years in support of a new affordable. rental complex that will be built on the existing site owned by the Delrap Beach Housing Authority. The question we have is whether or not this will require HUD's approval? Your assistance is greatly appreciated. B est xegards, Elizabeth Elizabeth B. Alpert Neighborhood Services Ad~ninistrator City of Defray Beach i0a N.W. let Avenue,. Delray 13e2~ch, FL 33444 'Tel: 5fi1-243-7282 / Fax: 56I 243-7221 "You have something to o„~ex that nobody else has. R ~~oer osteen *** eSate scanned this email for malicious content *** *** IMPORTANT: CIo not open attachments from unrecognized senders *** *** eSafe scanned this email for malicious content *** *** X1~IPORTANT: Do not open attachments from unrecognized senders *** l~:/lus.mc318.mail.yahoo.com/znrJshowMessage?fid--L~box&sort--date order--down&st... 3111/20D8 EJCH~B~T " ~.` Prepared by and Return tar Weimer, Arar~san & Mankoff, P.A. 10 SE ISr Avenue Delray Beach, Fl©rida 33444 :SECOND AMENDMENT TO LAND USE RESTRICTION AGREEMENT THIS SECOND AMENDMENT TO LAND USE RESTRICTION AGREEMENT {this "Agreement"} is miade and entered into as of , 200$, by and between AUBURN TRACE, LTD., a Florida limited partnership {hereinafter called the "Developer"), and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation, (hereinafter called the "City") {which terms as used in every instance shall include the City's and Developer's respective successors and assigns). This Second Amendment to Land Use Restriction Agreement amends that certain Land Use Restriction Agrecment dated as of June 29, I989 between Auburn Trace, Ltd. (tk>.e "Developer"} and the City of Delray Beach (the "City's as recorded in Official Records Book 5116, Page 470, as amended by First Amendment to Land Use Restriction Agreemen# dated April 24, 2006, and as recorded in Offtcial Records Book 20273, Page 1376, all of the Public Records of Palm Beach County, Florida (collectively the "CUBA"}. RECITALS WHEREAS, on June 29, 1989 the City issued a loan to the Developer in connection with Developer's construction of a residential rental .project known as Auburn Trace Apartments (the "Project" or the "Property") located in Palm Beach Cnunty, Florida (the "County"} on the real property more particularly described in the LURA.; and WHEREAS, in connection with the loan, the Developer executed and delivered the L[JRA which sets forth certain requirements and restrictions pertaining to the Property; and WHEREAS, Developer and City have released the 1.i1RA from a portion of the Property which the City purchased from the Developer, to wit, Tract B of Auburn Trace, according to the flat thereof, recorded in Plat Book. 64, Page 184-.186, of the Public Records of Palm Beach County, Florida by virtue of that instrument entitled First Amendment to Land Use Restriction Agreement dated .April 24, 2006; and O:IAUF3M02615econd Amcnd Land Use R~slriclicn.doc WHEREAS, the Developer and the City have agreed to amend the LURA in order to comport with the affordability requirements and conditions of certain permits and approvals granted to the Developer. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other goad and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and. the Develnper do hereby contract and agree as foIlows: ARTICLE 1 Definitions and interpretation. 1'he above recitals are true and correct and are incorporated herein and made a part hereof C1nless otherwise expressly provided herein or unless the context clearly requires otherwise, the capitalized terms used herein shall have the meanings set forth in the LURA. ARTICLE II Amendment of LURA. 2.1 Attached hereto as Exhibit ~°A" is a complete copy of all of the ordinances containing affordability requirements applicable to the Property (the "Affordability Requirements"). 'There are no zequirements or restrictions as to affordability requirements applicable to the Property except those that are included in Exhibit "A." The development and operation of the Property shall be in compliance with the Affordability Requirements. Faccept as specifically stated herein above, all other restrictions, limitations, oonditians ar requirements of the LURA are hereby released, terminated and ended with respect to the Property and only the Affordability Requirements remain as a restriction. 2:2 The Property is currently in compliance with the requirements set forth in. Exhibit "A." At any reasonable time and from time to lime upon not less than ten { 10) days prioz written notice, Developer may request that the City execute, acknowledge and deliver to Developer a statement in writing canlirming that- Developer is in compliance with the requirements set forth in Exhibit "A." The City shall cooperate with Developer and timely deliver such conf rmation as requested. ARTICLE III Ratification. Developer and the City hereby agree that LURA, as modified and amended by this Agreement, is hereby ratified and confirmed, and shall be and zeznain i.n full force and effect from and after the full execution of this Agreement. Except as expressly set Earth in this Agreement, the LURA is not otherwise nnadified or amended. ARTICLE IV 2 CI:IAUBM(12GISccond Amend Land Use Reslrietion.doc Rccording_and Filing;. Covenants to Run with the Land. 4.1 Upon execution and delivery by parties hereto, the City shall cause this Agreement and all amendments and supplements hereto to be recorded and filed in the Official Public Records of the County and in such manner and in such other places as the City may reasonably request, and shall pay all fees and charges incurred in connection therewith. 4.2 This Agreement and the covenants contained herein shall run with the land and shall bind, and the benefits shall inure to, respectively, the Developer and the City and their respective successors and assigns during the term of this Agreement. ARTICLE V Governing Law. This Agreement shat! be governed by and construed in accordance with the laws o f the State of Florida, both substantive and goverrning remedies. ARTICLE VI Mi.5CellaneoUS Es.l This Agreement may be simulkaneously executed in multiple counterparts, all of which shall constitute one and the same instrument and each of which shall be deemed to be an original. IN WITNESS WHEREDF, the City and the Developer have caused this Agreement to be executed and delivered on their behalf by their duly authorized representatives as of the date f rst set forth above, Signed, sealed and delivered AUBURN TRACE, LTD., a Florida lirrmited in the presence of: partnership Wifiess By: Auburn Trace Joint Venture, a Florida general partnership, its General Partner Printed Name of Witness By: Auburn Management, Inc., a Florida corporation, its Managing Partner Witness By: Printed Name of Witness Brian J. Hinners Its: President 4:IAUf3M0261Scc~~nd Amend land Use Rcstriclion.duc CFTY OF DELRAY BEACH, FLORIDA Witness Printed Name o1' Witness Witness Printed Name of Witness By: Ilita Ellis Its: Mayor (NOTARY BLOCK(S) ON FOLLOWING PAGE] 0:111LII3M02b1$cwnd ~1mcn(1 Land L[sc Racirielion,duc STATE or ~LORmA COUNTY OF PALM BEACH The foregoing instrument ryas sworn to and subscribed before me this day of 20i?8 by BRIAN J. HINNERS, as President of AUBURN MANAGEMENT, INC., a rlorida corporation, on behalf of the corporation as Managing Partner of AUBURN -TRACE JOINT VENTURE, a Florida general partnership, a5 General Partner of AUBURN TRACE, LTD., a Florida limited partnership, on behalf of the Partnership. Signature of Notary Public --State of Florida Print, Type, or Stamp Commissioned Name of Notary Public My Commission Expires: Pcrsonally Knawn~ OR Ptadueed ldentification_ Type of Identif cation Produced STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was swam in and subscribed before me this day of 2{l0$ by RITA ELLIS, as Mayor of the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, nn behalf of the corporation. Signature. of Notary Public -State of Florida Print, Type, ar Stamp Commissioned Name of Notary Public My Commission Expires: Personally 1Cnown_ OIt Produced Identificatian~ "l"ype of"Identification Produced 5 O;tiE11Jl3MOZGlSerond Amend Land Clsc Reslrielian.doc EXHIBIT "A" U:IAULiM42b15econd Amend land Usc Rcsfriction.doc f~XH~B~T' ~~~. Section 4.7.3 Provision of Workforce Housing Units Developers will be awarded density bonus units {additional market rate units}, beyond the base number allowed per existing zoning ordinance after performance standards have been met, as an incentive to provide affordable housfig unit, subject to the limits and requirements of this chapter. a. Developers may earn bonus units by building housing for very low, low or moderate income families within the designated boundaries of the Overlay Districts and Infill Workforce Housing Area described in this article. b. All development shalt meet the requirements for units as specified in this chapter and meet all required Land Development Regulations. c. Workforce units shall include those units in a development, which are regulated in terms of: Sales price or rent levels; and ii. Marketing and initial occupancy; and iii. Continued requirements pertaining to resale or rent increases. Section 4.7.4 DENSI BONUS PROGRAM FOR THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT THE CARVER ESTATES OVERLAY DISTRICT AND THE INFILL WORKFORCE HOUSING AREA Developers of property in the Southwest Neighborhood Overlay Distric#, the Carver Estates Overlay District and the infill Workforce Housing Area, that meet the minimum standards will eam bonus units for building workforce housing for very low, low and moderate income families. a. The size of the bonus varies based on several factors including: i. Affordability {i.e., homes affordable to very low, low, or moderate income families) ii. Home Size (i.e., workforce housing units with four or more bedrooms are awarded larger bonuses) 4.7 -11 SECTION 4.7.4 a. iii.. iii. Ownership versus Rental (i.e., larger bonuses are awarded for workforce housing units offered for sale to [ow and very-low income families and larger bonuses are awarded for ownership versus rental units.) b. To be eligible for bonus units, developers must meet one or more of the fallowing criteria: i. A designated number of the total units are restricted to very low income households, andlor ii. A designated number of the total units are restricted to low income households, andlor iii. A designated number of the units are restricted to moderate income households c. Workforce housing units may be located off-site provided the off-site lactation chosen is within the City of Delray Beach. d. The bonus allowances are set forth in Table 1 below. [Amd. Ord. 39-os 7ras~os~ TABLE 1 DENSITY BONUS ALLOCATIONS LN THE SDUTHWEST NEIGH80RHOOD OVERLAY DISTRICT, THE 1NFILL WORKFORCE HOUSING AREA AND THE CARVI=R ESTATES OVERLAY DISTRICT DPTION SALE 1 RENT NUMBER OF BONUS UNITS PER WORKFORCE UNIT PROVIDED VERY LOW 60% 4 LOW 80% - 61 % 3 MODERATE 120% -t31 % 2 LARGE HOME OPTION 4+ bedroom workforce housing units Additional 0.5 bonus will be added to the bonus provided above in this chart e. Instead of or in addition to providing workforce housing units, developers may also accrue bonus units by contributing to the Delray Beach Community Land Trust that will be utilized to subsidize workforce housing in the City of Delray Beach. Developers may earn one bonus unit for each payment of a sum equal to $60,000, payable to the Defray Beach Community Land Trust. 4.7-12 SECTION 4,T.4 f, Also, instead of or in addition to providing workforce housing units., developers shall earn bonus units by donating land (buildable lots} in the City Delray Beach to be used for workforce housing. The appraised value of donated land will be valued in accordance with subsection e. above and may be prorated. The appraisal shall be obtained by developer at developer's C05t. g. The maximum total density of a development in the Southwest Neighborhood Overlay District and the Carver Estates Overlay District shall not exceed 24 units per acre. The maximum total density of a development in the lnfill Workforce Housing Area shall nat exceed 18 units per acre. Afl other Workforce Housing Area densities shall be limited to the maximum allowed in the zoning district and as set forth elsewhere in the Land Development Regulations. MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: August 29, 2008 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 GRANTS TO NON-PROFIT ORGANIZATIONS ITEM BEFORE COMMISSION This item is before Commission for consideration of how City grant funds shoud be allocated to non- profit agencies for FY 08-09. The backup for this agenda item will be distributed on Tuesday, September 2. MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: August 27, 2008 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 APPOINTMENTS TO THE BOARD OF AD,TUSTMENT ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Board of Adjustment. BACKGROUND The term for Mr. Mel Pollack will expire on August 31, 2008. Mr. Pollack will have served two (2) full terms and is not eligible for reappointment. Secondly, Mr. Bernard Federgreen was an alternate member on the Board of Adjustment but was appointed as a regular member at the City Commission meeting on August 19, 2008. This creates a vacancy for an alternate member to serve an unexpired term ending on August 31, 2009. Appointments are needed for one (1) regular member to serve a two (2) year term ending August 31, 2010, and one (1) alternate member to serve an unexpired term ending August 31, 2009. 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: 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 McDuffie (Seat #3) for one regular member to serve a two (2) year term ending on August 31, 2010, and Commissioner Bernard (Seat #4) for one (1) alternate member to serve an unexpired term ending August 31, 2009. RECOMMENDATION Recommend appointment of one (1) regular member to the Board of Adjustment to serve a two (2) year term ending on August 31, 2010, and one (1) alternate member to serve an unexpired term ending on August 31, 2009 . os/os BOARD OF ADJUSTMENT TERM EXPIRES REGULAR MEMBERS OCCUPATION 08 /31 /2009 Sigurdur Hardester Manager Appt 10/05/04 tmexp alt Re-appt 08/16/05 alt Re-appt 02/06/07 tmeap reg Re-a t 03/03/08 08 /31 /2010 Semard Federgreen Director of Operations Unexp Appt 02/20/07 alt Reappt 02/19/08 alt Appt 08/19/08 reg 08 /31 /2010 Clifton NTiller Retired G eneral Unexp Appt 10/05/04 alt Contractor Unexp Appt 04/05/05 reg Reappt 08/31/06 Reappt 08/19/08 08 /31 /2008 Mel Pollack, Qiair Director-Security Appt 08/19/03 alt Appt 01/06/04 tmexp reg Reappt 08/03/04 Re t 08/15/06 08 /31 /2009 Jess Sowards Architect Unexp Appt 05/01/07 alt R-eappt 02/19/08 alt t 03/03/08 re ALTERNATES 08 /31 /2009 Vacant 08 /31 /2009 James Houck Properly Management Unexp Appt 05/20/08 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 Clerk/Board 08/Board of Adjustment MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: August 27, 2008 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 APPOINTMENTS TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before Commission for appointments to the Police Advisory Board. BACKGROUND Ms. Vanessa Francois, student member of the Police Advisory Board, resigned effective July 14, 2008. This creates a vacancy for one (1) student member to serve an unexpired term ending on July 31, 2009. Secondly, Mr. Joseph Ferrer, regular member, resigned effective August 11, 2008, which creates a vacancy for a regular member to serve an unexpired term ending on July 31, 2009. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. 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 Ms. Regine Celestin who is a student and is not eligible to vote. Based on the rotation system, the appointments will be made by Commissioner McDuffie (Seat #3) for one (1) student member to serve an unexpired term ending on July 31, 2009, and Commissioner Bernard (Seat #4) for one (1) regular member to serve an unexpired term ending July 31, 2009. RECOMMENDATION Recommend appointment of one (1) student member to the Police Advisory Board to serve an unexpired term ending on July 31, 2009, and one (1) regular member to serve an unexpired term ending on July 31, 2009. City of Delray Beach Police Advisory Board -Applicants Exhibit "A" 1. Berman, Theodore Business Owner 2. Celestin, Regine Student 3. Claxton, Wyana Resident 4. Dollard, Jason ResidentBusiness Owner 5. Fenoglio, Laura Resident 6. Franciosa, Gerald Resident 7. Gold, David ResidentBusiness Owner 8. Hallahan, John Resident 9. LaManna, Gregory Resident 10. Major-Hanna, Ellen African American Resident 11. Make, Isabel Resident 12. Marks, Eileen Resident 13. Maso, George Resident 14. Menard, Samuel Resident 15. Monahan, Matthew Resident 16. Prior, Linda Resident 17. Ritter, Jeff Resident 18. Rosen, Ned Resident 19. Shackman, Kathy Resident 20. Shell, Robert Resident 07/08 POLICE ADVISORY BOARD TERM EXPIRES NAME & ADDRESS 12/13/09 Sinam Al-Khafaji Appt 01/15/08 12/13/08 Annette Annechild, Vice Chair Appt 12/13/05 12/13/08 Samuel Menard Appt 12/13/05 12/13/08 Joshua Bressler Appt 12/13/05 12/13/09 Walter Earley Appt 01/03/08 07/31/09 Vacant 07/31/09 (Student) Vacant 12/13/08 Jose Herrera Unexp Appt 06/20/06 12/13/09 Joseph Ingram Jr. Appt 01/03/08 12/13/08 John Jackson Appt 12/13/05 12/13/08 Grace Maybee Unexp Appt 06/19/07 (Student) 12/13/08 Jimmy Weatherspoon Appt 12/13/05 12/13/09 Shelly Weil, Chair Appt 01/17/06 Reappt 01/03/08 t.)cfrtit•c~ .-alri~irts;ivltetFl• .t1rlrJ,•~=1rN~ t~ftr! I'1'r>rlut'l{ra~~ C)f t13~, 1'~~~-jc~~'~tJf>~~ .1~Ys 1°l.~r~:~a• Riga I~.t~is C'iit• csf~ i~ela•~az' 13c:~~acla aE~~ca ?~Z~~ h~a•tit t~,vtsstafe~ l~~~~a~• R'tt~a, {~ ~ ~ ~ ~ ~7 ~ ;.~ All f, 1 ?_ DOB C1T~ ~~-~~~C "~'iaaY i~taa•~3~~~~ ~3f dais letic~a• is tip infna°a~a t•~a~ tli~~t I i~~i1! aria lr~a~~et° lac ~alalc tc~ ~a az•a~ c~a~ 11~t~ Pc~lic~ s1<h•i~oa-ti~. Hra~zrcl fc~a' tk~e Cite` a~~f I)~~1r~a~' 13~;a~aa. it hay ~'~Cr€~t~ t~at~ ~lc~asua~~~~ i~t# ~)F3a'~aCa~?~at~i' f.7a7 t~'ta$ ~Jt?i11'Cj Ecla' 1:~1~ ~G1St 'z~Iz i'f'fll'S_ ~)1~1C?1' Ct3aTla3lltala['l1~5 i3a1C~ titla(' . {'t?a15ia'~.llal~'+ )3a'(~)~N~7i~ I71~ ~I~ ~~al~ tiS3]~ f I°["tl3l f~ilt'1~1~1' SC'9"1"1C~'. 1'aa1 c~€~a~fi~ea~t t~l~at ~~c~~i ~~~ill [~c~ sable tc~ #~ia~c1 ~in~litt~~• cc~n~aa-attriil}° l~~i~ea• ~z~hra i iaa~•r~~~•~r~ aa~ci ~°~~~a{1~~. to ira~akca ~~ cliffea•eaic~. 3,~.>11 hr~rtai 5r~ir~tc3i~ Avr~tuc + ilel~a~• I3~acat.I~[. 3~~~#~i E'~h~pts~nz sCa.z~{~.N0~3S • ~Tas~:f~nilc 5~1.:?'b.ki?•}4J s~~s~°SVSC~n~sacE.z'~sn • C-]iasl 5i'-i~SEs"i'~i's":€ol.cv~~ Vanessa Francois 3727 NW 8~` Street Delray Beach Fl. 33445 (561)860-4771 July 14, 2008 Dear Delray Beach Police Advisory Board members, I would like to inform you that I would be attending Clazk Atlanta University located in Atlanta, Georgia in the fall. So therefore, I will be resigning from the board. My resigning will be effective today July 14, 2008. I would like to thank you all for letting me have this opportunity in joining this boazd and learning about the issues in this city. It has been a great experience for me. Sincerely Vanessa Francois n ~~~ Wl ,( MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 26, 2008 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 RESOLUTION N0.39-08 (TENTATIVE MILEAGE LEVYI ITEM BEFORE COMMISSION Resolution No. 39-08 tentatively levies a tax on all properties in the City of Delray Beach for FY 2009. The proposed millage rate for FY 2009 is 6.4490 mills. Resolution No. 39-08 will set the tentative millage, which can still be reduced at the second budget hearing on September 16~' when our final millage will be adopted. A reduction has not been proposed at this time because the CRA has not made a final decision on the amount of support they will provide fore our tennis tournaments. BACKGROUND The proposed operating millage is 6.449, while debt service millage is 0.46. The rolled back rate calculated under the TRIM law for operating purposes is 6.5393 mills. The tentative millage rate at 6.4490 mills would be 1.52% less than the rolled back rate. The assessed valuation on all taxable property within the City for operating purposes is $8,201,560,130. The assessed valuation for debt service is $8,202,916,596. The reason for the differential is the exemptions that were granted to historic properties in the City. They apply to operating millage only. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the resolution. Final adoption of the FY 2009 budget is scheduled for September 16, 2008. RECOMMENDATION Recommend approval of Resolution No. 39-08. RESOLUTION NO. 39-08 A RESOLUTION OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $6.4490 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 2008, and ending September 30, 2009. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expei~ses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $8,201,560,130. The tentative operating millage rate of $6.4490 per one thousand dollars ($1,000.00) is less than the rolled back rate of $6.5393 per one thousand dollars ($1,000.00) by 1.52%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $3,587,792. There is hereby appropriated for the payment thereof, all revenues derived from the tentative tax levy of $0.4604 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2008, and ending September 30, 2009, upon the taxable property of the City of Delray Beach, the assessed valuation being $8,202,916,596. Section 3. That the above tentative millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be extended Section 4. That a public hearing was held on the proposed budget on September 3, 2008. 2008. PASSED AND ADOPTED in regular session on this the 3rd day of September, MAYOR ATTEST: City Clerk RES. NO.39-08 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 26, 2008 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 RESOLUTION N0.40-08 (TENTATIVE MILEAGE LEVY/ DDAI ITEM BEFORE COMMISSION Resolution No. 40-08 tentatively levies a tax in the amount of 1.0000 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2009. BACKGROUND This tentative millage is more than the 0.9535 rolled back rate calculated under the TRIM law by 4.88%. I have informed the DDA that they need to have someone present Wednesday evening to explain what their tax increase will be used for. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $568,344,920. A copy of the DDA's Certification of Taxable Value is attached, along with a copy of the DDA budget for FY 2009. Final adoption of the DDA tax levy for FY 2009 is scheduled for September 16, 2008. RECOMMENDATION Recommend consideration of Resolution No. 40-08. RESOLUTION N0.40-08 A RESOLUTION OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.0000 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2008, and ending September 30, 2009. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable properly for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $568,344,920. The tentative operating millage rate of $1.0000 per one thousand dollars ($1,000.00) is more than the rolled back rate of $0.9535 per one thousand dollars ($1,000.00) by 4.88%. Section 2. That the above tentative millage rate is adopted pursuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended Section 3. That a public hearing was held on the proposed budget on September 3, 2008. PASSED AND ADOPTED in regular session on Phis the 3rd day of September, 2008. MAYOR ATTEST: City Clerk RES. N0.40-08 cf08 21:10 IiAJ# 581 278 0555 DEIJRAY BEACH C~3j003 .y -- Downtown Develnprraent Authoriay Income & Eacpenditzlre to ?/31/Dt~i 1pa~c~a-~s,~ns .. _-.__ ..__ . J ._~.. 2 .._ ____ _.. ; 3 I 1 _ Income & Fgpeudxturre- _. . . I _.1 ..~. ~ ...._. . -_ _ ~ _ ' fTC~ual ~ u ,get - ..., ........... ... ~ , ..~~al ~ ~ ....`3 "-2UpSI2~0U7' Z-W-77Z'W8' rlo~€e ~ ~S ;9 ~6~ '+~; T-61 ~ Sa 5'7,604 ~ 5~ _ .......-.~ Valarem Taxes. _~ ... _ _ _ _ 1 i r ~ Z~F 1 ~ ~,~~~ 2 ~ Interest Earned ._ . _... _ _. -- -._. ~~] ' .Mi.~~lianeous,Ir~ca~ve. _ ; .. 3., -1----- . _._.. E r . .. _. __ I ~ --~----- ~ 4 ._ ..._ . Estimate ' ~ 2008109 ~t (1(~ea~- ~r ena . ~-- ropose+ ~ '1'0 _~_.1 : .'Dam Raad~e~ 506,43 532,44 . p I - ..._ ... ._.. «.~.~._. - ___._ _..._. - - - ~• ---- ~ -------- ~ x.9_3 53~ ~~ 'oiral.B~~enues .. _*..~0 ~_ ~60.554~ ~2a,f61.._~~7,,,~1.1, ... __. endxtures ...M.~ ' , ~~- .._ _ ...---~ : ~ 121,$9f, ._._ f2a,0~ar-`~22,20a~ 1 12~,OD0 122,00 122,0_.. D.M_C_ Con.tzrbutinn._... - 1- ~ ~~~ ~ - ~ -- ~ ~~-~-•°-~`-7,soa:... _.....r~o 7,500 6 $0~ 1.3 _ .. • ~--- -- - -~ - _ E.xtern.al Audit Fees.. -_-.. . 6,~00~ 7, -- _-- F _... 2,~( 0' 2 1a - T,2s~~ 1,7sa~ 2,f00 z~i o $Qolckeeyin~ Fees _ .. ~ 14 .__... ----- 0 ~-~-----~~ . ~... -..... ... .._-. .. _._ .. ... Bark C~~es ._ ._--- ~ _..1.5_ _I _._T __ _ . _ Dues aacl Subscri~kiart5-~ ..._ ~ 16. ~ 2,~~~- - 2,SOQ; . -, 3,3.38? 2;SDa~~ ~3B ~- ~,7~{~ ._ ..._... ...- 100 ~~ -- i,-~a i;o"c~ _. -. _ o - moo Chairma~ns. Chub lanes _.-.. 17 6,87 ~j .. ~, 7 ~ 8 000... -~~00 • ~$ _ 6g ... ._.. Liabil~i~~... . ~_.~ . -...._.._ ...._ .._ x,251;.,.. ~ U ~ 4,106 4;400 x-,334 Pro er's etc 1^ ees 1 ~ - ---- ~ - - ~ - ---~- - _ __,C`•ottferenees,MeetiuTravel_, 2~__ $,353; , ~6~ 7~0-. _~. 8,74fl $,000 . _ .~ _ . Q~ee Suynlies._Re~Bi[~& Exns 21 .L. g20`;"'•_...--~SOa• $23 __...~;~50~ 1,50 _ 1~ Pg~~ta~es &_Prir~tin~_. .. 22._ $=fir 7,00 I,S68~. .. 1,600 __ I~00 2~"~ ,~'0 _ ... .. - _~ ca, Rentals _..- _ , _ 23 ~--- -Z 6~Jt- 2 6~t1 ~ .. 2,~G~- --- 2 400 J1" ,~00 2,00 . ~ .. - .t ~..._.---- ~r~b_'l~o#al Office )Cxv~~~~ ~ 34 , 1G,0,,,9~~_ .164~Q~_ . 157,bOZ~~SS.,9 ~--.1,~Z2.23.8~-"~..~~..~~.d _. ... - .__ 31 37 ~2~ 33~,[ X10 ... 3~,']r~0~ ~ OpD 36,740 _ _ 37,ODa r Z]ownkown Mav Sponsflrs[~~~ ~ ~ 35 OD . 35~ ~~ X000... , -...~2~Y. Tree & 1st Nisxht .--. ' ~2~ . _.~~}U~k 0 3~,G04~ ..._..35 OO~J ---. Pineapg~e,.~G.rove ----~ _ _ ~9tSS`-~---- -~----- Qi -~- ..-._-..... p ; __ U ' e Park ..... .._.-~- 3S. _-. ~>117 ~ 0. .. -~ ~-12 OD - 12 DOt3 ~" 4 er 1?rarnas ~c Gra~dts (b/fvv~ 3b , 13„ 25a~ .. boa ~ -- ~Qfl; - ~.OOO ~ ... ~. _ _....---... - ._. x'2"'774. •23000 x$57 ~.90fl' 1 ,pp~E 25,000 .. Retail Pror~taans _ .._.-.......~ 37 , - . ... ; -~,3Q0` ?,'7L5~ .. ~. ~~.5•,.. S,~D4 ~. .15,000 -- Othex S~e~ia1 Events & 1?;ote~•ts T 38 2~8 ~338~ .. ~-b 1$~,~~1 .~ "~~ . 186,7 206,96D _.Ne~n,~ 1V ~rketis~~ & Adverts .. 39. . _ .. > ....- I ~ ..40,flD0 40,Op0 Q.ttxen' Marlcetin.~& Economic Dev. ; 4.0. '-.. - _ fl~ ~_ _ ~ ~5,~37' ;~5 14Q . . _ etkn~,8.r ...._~..SO - -3.49.$151.... _3~5_,f3,0,. _.3~.Z.176 3~14ti0~~ .mod... 37(~ ... . ---•r` .. - -~- j --- ~'.2 I Revenues _.. ~ 51_-_ 5.6.0~~..... SZO.BS- _.._ 512.21_~r. ~_. -5Q7„~3$.~ -.~ --- _ _ ..... -' __.. ..._, ~52 r ..5]~U,769 520,270 473,37$ ~ 47(~OOS 495,69 532,2 6 49 785 391, 38.~R 3. .12.244_ ~ _ r~ ~,evenues. OX~, nderl ....~ 53. - .. _. ~-.... T ~Fi~~F7E3~~*_k~~~~e~ksr~le~r~IrSF~'Frieti+k~c'1.'~~~YI' *dF~~~*~r~ir~e~4~r ~~F:~'3e~*~3r ~:r~"'~'~Y~rxiei itii~riF~k~~"~=Ne~'"~ e3~~t` de~~k~9e+ --- ~- I - •r..-_. _ .. .. _.- I -I- Funds B/F~d October,lst - ---~ Funds carried fwcl - 21,4541 71,2391 _71,239{ - --~.. 71,239 71,630 t ~0,072~ .. i .... - ------ . ~ ...... _-r .. 71,239 .._- - 83,483 ......._~ ..x.._..._8.3,483 84,73: dnta: t3/11l2U08 16;33 AM - Aagc: ] OR-420 FOR DOR USE ONLY R.Ofi108 cfy: CERTI~ICATC4N OF TAXABLE VALUE Ru3e 12DER0&1$ ' TA: Florida AdminisfraUve Code Levy: Effective Ofi!(}8 3 Year 2008 County PALM BEACIi ~ Principal Authority Delray Beach -D.D.A. ~ TaXing Authority Delray Beach -D.D.A. ~ SE CTION I: COMPLETED BY PROPERTY APPRAISER 1. Current year taxable value of real property for operating purposes $ 568,344,920 {1) 2. Curren# year taxable value of personal property for operating purposes $ 0 {2) 3. Current year #axable value of centrally assessed property for operating purposes ~ p {3) 4 Current year gross taxable value for operating purposes ~ 568,344,920 (4) ( Line 1 plus Line 2 plus Line 3) 5 Curren# year net new taxable value (Add new construction, additions, rehabilitative improvements increasing assessed 977 (5) 111 value by at least 100%, annexations, and tangible personal property value in excess of , $ 195% of the previous year's value. Subtract deletions.) 6. Current year adjusted taxable value (Line 4 minus Line 5) $ 568,232,943 (6) Friar year FINAL gross taxable value ~ 617 ,876,475 {7) 7. {f=rom prior year applicable Form DR-403 series} Enter number of tax increment value worksheets {DR-420TIF) attached p {8) ~ (If none, enter 0) 9 Does the taxing authority IeVy a voted debt service millage or a millage voted for 2 years or less ? Yes ~ Na Q {9) under s. 9(b), Article Vt1, State Constifution {lf yes, complete and attach farm DR-420 VMA, Voted Mi!lage Addendum.) ip Information for maximum millage calculation: Current year gross taxable ~ 572,775,903 (10) . value for operating purposes without the impact of Amendment 9 CONTIf~IUED ON PAGB 2 DR-420 R.Ofif08 Page i SICTI~N II: COMPUTED BY TAXING AUTHORITY -CONTINUED FROM PAGE 'f f'i 8. Current year proposed operating millage rate $ 1 .0000 per $1,000 (18} ~ g_ TofaE #axes to be levied at proposed millage rate (is} $ (Lime 18 multiplied by Line 4, divided by 1,000) ~ 568, 345 20. Check TYPE of principal au#hority {check one) L^J County l~ Independent Special Disfrict {20} u Municipality C Water Management Disfrict 21. Check applicable taxing authority {check one} ~ Principal Authority ®Dependent Special District {21) [] MSTU ~ Water Management District Basin 22. Is millage levied in more than one county? (check one} ~ Yes X^ Na (22} DEPENpENT SPECIAL gISTRICT5 AND MSTUs: ~ STOP HERE -SIGN ANa SUt3MIT 23 Enter the total adjusted prior year ad valorem proceeds of the principal authority, all dependent special districts, and MSTUs levying a millage. $ (23) (The sum of Line 14 from all Form DR-420 forms.} 2A. Current year aggregate rolled-back ra#e {24) $ {Line 23 divided by Line 1fi, multiplied by 1,000) per $1,000 2~, Current year aggregate rolled-back taxes $ (Line 4 multipled by Line 24, divided by 1,000) {25) 26. Enter totaE of alt operating ad valorem taxes proposed to be levied by the principal taxing authority, all dependent districts, and MSTUs, if any. $ {26) (Total of Line 19 from all DR-420 forms.) 27. Current year proposed aggrega#e millage rate $ per $7,000 (27} ( Line 26 divided by Line 4, multipiied by 1,000) 2$. Current year proposed rate as a percent change of rolled-back rate ado (28) (Line 27 divided by Line 24, minus i, multiplied by 100) Date Time Place First public budget hearing 'axing Authority Certification - _ - certify the millages and rates are correct to the best of my knowledge. The millages comply with file provisions of Section 200:185 and 200.071 ar 200.081, F.S. ~ Signature of Chief Administrative Officer Date u' z / - 07/30/08 Tile Physical Address v1 Cit Mana er 100 N.W. 1st Ave...,. Delra Beach, FL 33444 Mailing Address Name of Contact Person 100 N.W. 1st Avenue Jose h Safford City' State, ZIP Phone # Fax # Delra Beach FL 33444 561/243--7117 561/243-7166 SEE INSTR#fCTiONS ON PAGi=3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 26, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 RESOLUTION N0.41-08 (TENTATIVE BUDGET ADOPTION FOR FY 20091 ITEM BEFORE COMMISSION Resolution No. 41-08 makes tentative appropriations of sums of money for all necessary expenditures of the City for the period from the 1st day of October, 2008 to the 30th day of September, 2009. BACKGROUND The tentative appropriations are set forth in "Exhibit A" to the resolution. The additional funds provided at 6.4490 mills are shown under "Reserves". Any recommended amendments to "Exhibit A" will be addressed in the Resolution for Final Budget Adoption slated for approval during the September 16, 2008 City Commission Meeting. The millage reduction discussed at the Work Session last week is not reflected in this Exhibit because the CRA has not yet decided how much they will pay in sponsorship of our tennis tournaments. They will be meeting the consider this on September 8. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the tentative budget. Final adoption of the budget for FY 2009 is scheduled for September 16, 2008. RECOMMENDATION Recommend approval of Resolution No. 41-08. RESOLUTION N0.41-08 A RESOLUTION OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1St DAY OF OCTOBER, 2008, TO THE 30th DAY OF SEPTEMBER, 2009; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby tentatively 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, 2008, and ending the 30th day of September, 2009, 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, 2008, and ending the 30th day of September, 2009. 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, 2008, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and maybe used for the payment of the appropriations which maybe made in any appropriation for the fiscal year commencing the 1St day of October, 2008. 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 1St day of October, 2008. Section 4. That no deparhnerlt, 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 deparhnerlt, 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, maybe deemed guilty of neglect of official duty and maybe subject to removal therefore. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Suer 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 City govemmealt shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby tentatively 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 a public hearing was held on the tentative tax levy and the tentative budget on September 3, 2008. Section 10. That this resolution shall become effective immediately upon its PASSED AND ADOPTED in regular session on this the 3rd day of September, 2008. MAYO R ATTEST: City Clerk RES. N0.41-08 Exhibit A Budget Summary DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 769,000 372,030 322,780 1,463,810 ESTIMATED REVENUES: TAXES Millages AD VALOREM TAXES 6.4490 50,247,270 0 0 50,247,270 AD VALOREM TAXES 0.4604 3,587,790 0 0 3,587,790 AD VALOREM-DELINQUENT 75,000 0 0 75,000 AD VALOREM - DDA ~.ooo0 532,050 0 0 532,050 Sales & Use Taxes 1,404,000 0 0 1,404,000 Franchise Taxes 256,250 0 0 256,250 Utility Taxes 4,452,000 0 0 4,452,000 Other Taxes 3,900,000 0 0 3,900,000 Licenses & Permits 10,291,180 0 0 10,291,180 Intergovernmental 7,105,460 519,520 1,922,570 9,547,550 Charges for Services 7,347,500 43,281,780 0 50,629,280 Fines & Forfeitures 800,900 0 63,000 863,900 Miscellaneous Revenues 5,441,430 1,500 796,110 101,530 6,340,570 Other Financing Sources 3,183,100 97,000 989,620 4,269,720 TOTAL REVENUES AND OTHER FINANCING SOURCES 98,091,880 533,550 44,694,410 3,076,720 146,396,560 TOTAL ESTIMATED REVENUES AND BALANCES 98,860,880 533,550 45,066,440 3,399,500 147,860,370 EXPENDITURES/EXPENSES General Government Services 9,624,140 0 0 9,624,140 Public Safety 52,519,640 0 63,000 52,582,640 Physical Environment 558,800 27,329,980 0 27,888,780 Transportation 3,264,280 0 0 3,264,280 Economic Environment 8,458,570 532,300 0 1,393,810 10,384,680 Human Services 67,000 0 777,310 844,310 Culture & Recreation 13,765,000 3,843,470 1,134,770 18,743,240 Debt Service 5,745,760 6,901,530 0 12,647,290 Other Financing Uses 4,856,330 5,872,140 0 10,728,470 TOTAL EXPENDITURES/EXPENSES 98,859,520 532,300 43,947,120 3,368,890 146,707,830 Reserves 1,360 1,250 1,119,320 30,610 1,152,540 TOTAL EXPENDITURES AND RESERVES 98,860,880 533,550 45,066,440 3,399,500 147,860,370 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: August 21, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 RESOLUTION N0.32-08/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/COMMUNITY REDEVELOPMENT AGENCY ITEM BEFORE COMMISSION Resolution No. 32-08 transferring property located at NW 2nd Street to the Community Redevelopment Agency. BACKGROUND Attached to this memorandum please find Resolution 32-08 which confirms the City's intent to transfer the property referenced above to the Delray Beach Community Redevelopment Agency for affordable housing purposes. Also attached please find a Contract for Sale and Purchase of the above-referenced property. RECOMMENDATION The City Attorney's Office recommends approval. RESOLUTION NO. 32-08 A RESOLUTION OF THE CITY COIVIMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE QTY TO SELL TO BUYER. CERTAIN REAL PROPERTY IN PALM BEACH COUN'T'Y, FLORIDA, AS DESCRIBED HEREIN,. HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE QTY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located at NW 2~ Street; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described frorrx the City of DelrayBeach, Florida; and WHEREAS, it is in the best irxterest of the Cityof DelrayBeach, Florida, to sell said property NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE QTY OF DELRAYBEACI~ FLORIDA, AS FOLLOWS: Section 1. That the City CommisSlon of the City of Delray Beach, Florida, as Seller, hereby agrees to sell to the Delray Beach Community Redevelopment Agency, as Buyer, for the purchase Brice of 'Ten. Dollars and 00/100 cents ($10.00), said propertybeing described as follows: The South 150 feet of the East 50 feet of Block 18 (less the East 20 foot right of-way}, map of the Town of Linton, Florida, according to the plat recorded in Plat Book 1, Page 3, Public. Recoxtis of Palm Beach County, Florida. The above being the real property described under Tax Certificate: 8964 in the Tax Deed recorded in Official Record Book 10397, Page 215, Public Records of Palm Beach County, Florida. Section 2. That the texxns and conditions contained in the contract for sale and purchase and addenda thereto between the Qty of Delray Beach, Florida, and the Buyer as hereinabove named are izxcozporated herein as Exhibit "A". PASSED AND ADOPTED in regular session on the day of , 200$. ATTEST: MAYOR Cary C~.erk NOTICE OF INTENT TO TRANSFER REAL PROPERTY NOTICE IS HEREBY GIVEN that the City of Delray Beaeh, Florida, announces its intention to transfer the following real property. The essential terms of the transfer are that the City shall transfer for affordable housing purposes to the Delray Beach Community Redevelopment Agency property described as: The South I50 feet of the East 50 feet of Block 18 (less the East 20 foot right of- way), map of the Town of Linton,. Florida, according to tl~e plat recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. The above being the real property described under Tax Certificate 8964 in the Tax Deed recorded in Official Record Book 10397, Page 215, Public Records of Palm Beaeh County,. Florida. Resolution 32-08 of the City Commission authorizing the transfer of real property incorporating the terms and conditions thereof, will be considered at a public hearing to be held at 7:00 p.m. on September 3, 2008, at City Hall, Corrmmission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida. CITY OF DELRAY BEACH, FLORIDA Chevelle Nubin City Clerk Publish: The News August 11, 2008 August 18, 2008 CONTRACT FOR SALE AND FIIRCHA3E PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. 1~` Aveziue, Delray Beach, FL 33444 (Phone: 561-243-70Q4}, ("Seller"}, and t$e DELRAY BEACH COMMUNITY RSDSVELOPDdENT AGENCY, ("S__ u~" } , 20 N. Swinton Avenue, Delray Beach, Florida 33444 (Phone: 561-276-86.40}, hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property 'and Personal Property {collectively "PropertyTM) upon the following terms. and conditions, which INCLUDE the Standards for Real Estate Transactions (."Standard(s}") on the reverse side hereof or at.taehed hereto and riders and any addenda to this Contract for Sale and Purchase {'~Cantract"}. i. DESCRIPTION: (a) Legal description of the Real Property located in Palm Beach County, Florida: The South I50 feet of the East.5.0 feet of Block 18 (Less the East 20 foot right-of-way), map of the Town of Linton, F~arida, aecoxding to the plat recorded in Plat Book Z, Page 3, Public Records of Palm Beach County, Florida. ~'he above being the real property described t;n.der Tax Certificate 8964 in the Tax Deed recorded in pfficial Record Book I0397, Page 215, Public Records of Palm Beach Coiulty, Florida. Qroperty Control No. 12-43-46-16-01-018-0110 {b} Street. address, city, zip, .of the Property is: NW 2nd Street,. Delray Beach, Florida 33444 II. PaRCHASE PRICE $ io.oa III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this. offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before August 30, 2008, the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. The date of Contract {"Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of this :Contract and any signatures thereon shall lac considered for all purposes as originals. IV. TITLE EVIDENCE: Within thirty (30) days from the Effective Date of this Contract, {CIiECiC ONLY ONE}: -Heller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR X Buyer shall at Buyer's expense obtain (CfiECK ONLY ONE}: -abstract of title or X title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owner's policy o.f title insurance. V. CLOSING DATE: The Buyer's obligation to cl.o.se i.s c:ontingent on the CRA closing on the "Dorsey Property", which is located at 507 NW 2"d Street, Delray Beach, FL. This transaction shall be closed no later than thirty (30) days following tY~e closing of the Dorsey Property, unless modified by the parties. VI. RESTRICTIONS; BASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; x.estriations and matters appearing an the plat or otherwise common to the subdivision; public utility 1 EXHIBIT ~~A" easements of record (easements are to be located contiguous to Real Property lines .and not more than l0 feet in width as to the rear or front lines-and 7-1/2 feet in width as to the .side-lines, unless otherwise stated hernia}; taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); pravidecl that there exists at closing no vialatian of the foregoing. VIZ. OCCIIPANCY: Seller warrants there are no parties in occupancy other than Seller; Seller shall deliver occupancy of Property to Buyer at time of closing subject to Paragraph XI E. VII2. TYPEWRITTEN QR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. 2X. ASSIGNABILITY: {CHECK O1~iLY ONE}: Buyer (1} _may assign and thereby be released from any further liability under this Contract; may assign but not be released from liability under this Contract; or x may rto.t assign this Contract. x. nlscr~osvxES: (a} Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who :are. exposed to it over time. Levels of radon that exceed federal and state guidelines have been found 'in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit. {b} Huyer may .have determined the energy efficiency rating of the residential building, if any is located on the &ea1 Property. XY. SPECIAL CLAIISES; ADI?ENDA: If additional terms are to be provided, attach addendum and CHECK HERE X CITY OF DELRAY BEACH. DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Tax ID No. By: Date Paint Name: Tax ID No. Ha\2008\080454\Contract for Sale and Purchase to CRA-NW 2nd Sk.doc bate 2 ADDENDUM TO CONTRACT FOR SAT,k; AND PURCHASE SELLER: CITY OF DELRAY BEACH, a Florida municipal corporation BUYER: THE DELRAY BEACH COMMUNITY RE1]EVELOPNlENT AGENCY PROPERTY ADDRESS: NW 2nd Street, Delray Beach, Florida 33.444 ICI. SPECIAL CLAUSES; ADDENDA {Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then .on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non- foreigri status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer -with •such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Guyer shall not withhold under Internal Revenue Cade Section 1445. If the Seller is a 'foreign. person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10~ of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service {IRS) unless- an applicable eseemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purgases of making such withholding payment. Tf the Se.ller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application. to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has-not been received by closing, the parties a.t closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing farms. A 'foreign individual may acquire an International Taxpayer Identification Number for this. purpose. Since it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. B. Buyer shall have forty five (45) days commencing on the date. the City signs the Contract to perform inspections of the Property as the Buyer deems necessary ("Inspection Period"). During the Inspection Period, Buyer shall, at its. sale cost and expense, determine that utility services including, water, waste water, electric, telephone and all other utilities are available in the proper sine and capacity :to serve the existing facilities and installed to the 3 property lines. At all times during the Inspection Period, Buyer and its. agents shall be provided with reasonable access during normal business hours to the Property for purposes of on-site inspection, upon reasonable prior Notice to Seller. The scope of the inspection contemplated herein shall be determined by the .Buyer as deemed appropriate under the circumstances. This Agreement is contingent upon Buyer, at its sole cost and expense, obtaining and accepting a satisfactory Phase I Environmental Audit, and if deemed necessary at its discretion, a Phase II Environmental Audit for which it will be granted an additional sixty (5a) days for inspections. In the event that any inspections and any review of documents conducted by the Buyer relative to the Property during this Inspection period prove unsatisfactozy in any fashion, the Buyer, at its sole discretion, shall be ent.itl~d to terminate this Agreement prior to-the end of the forty five- {45) day Inspection Period, and any extensions thereof. Buyer will provide written notice by mail or facsimile to Seller and/or Seller's counsel in the event the Buyer determines that the Property is unsuitable during the Inspection Period or proceed to Closing as set forth herein. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission o€ the City of Delray Beach. D. The parties rep.re-sent and warrant that there is.na broker involved in this transaction to whom a commission would be .due. STANDARDS FOR REAL SSTATB TRANSACTIONS A. SVInENCB pff TITI,~: (l~An abstract of title prepared or brought current by a reput.al?le and existing abstract firm cif not existing then certified as Correct by an existing firma purporting to be an accurate synopsis of the instruments affecting title to Real Property ice.cosded iri the public records. of the. county wherein Real Property is located, through Effective -ate. Tt shall commence with the earliest public records, or such later date as may be customary in the county. Cpon closing of -this Contract, the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer,. upon recording of the deed to Buyer, an owner's policy of title insurance in the amount pf the purchase: prise, insuring Buyer's title to Real Property; subject only to liens, encumbrances, exceptions nr qualification provided in this Cantract-and those which shall be discharged toy Seller at or before closing. Seller shall convey a marketable title subject only to liana, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall die determined according to applicable Title Standards adopted by authority of The Florida bar and. in accordance with law. Buyer shall have 3o days, if abstract, ar 5 days, if title commitment, from date of receiving evidence of title to ex.amihe it. If title is found defective, Buyer shall., within 3 days thereafter, notify Seller in writing specifying defect(s). if the defect{s) render title unmarketable, Seller will have 34 days from receipt of notice to remove the defect(s), failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written notice to Seller either: (l) extending the time far a reasonable period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2~.requesting a refund of deposit{s} paid which shall immediately be returned to Suyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is' found unmarketable, use diligent effort to correct defects} irs title within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or xe~eive a refund of depoait(sj, thereby releasing- Buyer and Seller from all further .obligation under this Contract. C. SIIAVSY: Buyer, at Buyer's expehse, within time allowed t0 deliver evidence of title, may have Real Property surveyed and certified by a registered Florida surveyor. If the survey discloses encroaci'aments on the Real Property or that improvements located thereon encroach on setback lines, easements, lands of others, ar violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. ffi. YN6R8S$ ANU EGR&'98: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VI here6f, title to which is in accordance with Standard A. G, LI&N8: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienprs known to Seller and further.attesting that there have been no improvements or repairs to Property for 9D days immedi:at.ely preceding date of closing. If Property has bean improved, or repai>=ed within that time, Seller shall deliver releases or waivers of mechanics' liens executed by a1I general oontractors, subcontractors, suppliers, and matexialmen in addition to Seller's lien .affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all. charges for improvements 'or repairs-which could serve as a basis £ar a mechanic's lien pr a claim fpr damages have been paid or will be paid at closing of this Cantract. 8. ?L11C6 qa CiASTNG: Closing shall be held in the county where Real property is located, at the office Of the attorney nr other closing agent designated by Seller. E. TI>!~: In computing time periods of less than nix (6) .days, Saturdays, Sundays and state ar national legal hglidays shall be excluded. Any time periods provided for herein which shall end an Saturday, .Sunday. o.r legal holiday shall extend to 5:00 p.m. of the next business day. Time is o! the +saonaa is this. Contract. 5 J. DOC[1b~NTS nDR CLOSING: Seller shall furnish deed, bill of sale, cnnstruotion lion afPitlavit, owner*s possesaivo affidavit, and corrective instruments. Buyer shall furnish closing statement. x. EYPErY$ES: Documentary stamps oh t3xe deed and recording corrective instruments shall be paid b.y Seiler. Doenmentary stamps and intangible-tax on the purchase money mortgage and any mortgage assumed, and recording of purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. IInless otherwise provided by law or rider to this Cdntract, charges for the following related title aervice:s, namely title or abstract charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph IV. L. PROBATIONS; C[tEOITS: Taxes, assessments, interest, insurance and other expenses and rey¢nue of Property shall be prorated through day before closing. Buyer shall have the option of taking aver any existing policies of insurance, if assumable, in which event prefifiuns shall be prntated. Cash at closing shall be increased or ileereased as may be required by praratioRS tc be made through day prior to closing or occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occnrsat a date when the current year's millage is not fixed, ahd current year's assessment is availa171e, taxes sill be prorated based upon such assessment and the prior year's millage, If current year's- assessment is not available, then taxes will be~p~rorated on the prior year's tax_ if there are completed- improvements on Real Property by January 1st of year of closing, which improvements were not in existence on January lst of the prior Year, then taxes shall be prorated ba-sed upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made tp the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on as estimate shall, at request of either party, be readjusted upon receipt of tax bill on condition that a statement to that effect is signed at closing. !!_ BPECL#L ASSES~NT LIENB: Certified, confirmed and ratified special assessment liens as of date of closing ;not as o:f Effective Date) are to b.e paid by Seller. Pending liens as of date of closing shall be assumed by Huyer• if the imprpvement has heed suhstantially completed .as Of Effective hate, any pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment far the improvement by the public body. a-• P. PAOCEEDS OF SALE; CLOSING PR4CEADRE: The deed shall be recorded upnn clearance of funds. If an abstract of title has been furnished; evidence of title shall Ise continued at Huyer's expense to show title in Buyer, withviit any encumbrances yr c3tange which would render Seller's title pnmarketable from the' date 'of the last evidence. All closing proceeds shall he held in escrow by Seller`s attorney or other mutually acceptable escrow agent for a period of mot more than 5 days after closing date. If Seller's title is rendered unmarketable, tEtrough no fault of Buyer, Buyer shall, within the 5 day geriod, notify Seller in writing of the defect and Seller shall have 30 days from date of ree'eipt of such notification to cure the defect. if Seller fails to timely cure the defect, all deposits) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer .and simultaneously with such repayment, Buyer Shall return Personally and vacate Real property and reconvey the PrvpQrty to Seller by special. warranty deed and bill of sale. If Buyer fails to make timely demand for refund, Huyer shall take title as is, waiving all rights against Seller as Lo any intervening defect except as may be available tv Buyer by virtue of warranties contained in the deed or 6111 of sale. If a portion of the purchase price is to be derived from institutional financing ar refinancing, requirements of the lending institution as tv place, time of day and procedures far elgsing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written comrtitmer~t that it :till not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Huyer-mortgago=. The escrow and closing procedure required by this Standard may b.e waived if title agent insures adverse matters pursuant to Section 627.7841, F.S., as amended. 6 R. ATTORLaY SEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing parry in saCh litigation which, for the purposes of this Standard, shat"1 include Ss11er, Buyez, and any brokers acting in agency or nonagency relationships authorized 6y Chapter 975, F.S., as amended, shall be entitled to recover from-the rron-prevailing party reasonable attorney's fees, casts, and. expenses. S. 871ILIIRE OF PlAFORlflltiCp: £xeept as provided in Paragraph XII, if Buyer fails to perform this Cgntz.act within the time specified (including payment of all deposit{s)), the deposit{sj paid by Buyer. and deposit{s.) .agreed to be paid, may be recovered .and retained by or far the account of Seller as agreed upon liquidated damages., consideration for the execution of this Contract and in full settlement of any claims; whereupon, Sayer and Seller shall be relieved of all obligations under Contract; qr Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, far any season other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses tq perform this Contract, the Buyer may seek specific per€ormance or elect to receive the return of Buyer's depositlsi without thereby waiving any action for damages resulting from Seller's breach. T. CORTPACT ROT A6COAOABLl; PERSORS BpillID; ROTSCE: Neither this Contract nor any notice of it .shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors. in interest. Whenever the context permits, singular shall include. plural and one gender shall include all. Notice given by on to the attorney £ar any party shall be as .effective as if given by o.r to that party. U. CDRVEYANCE: Sailer shall convey title to Real Property by statutory warranty,. trustee's, personal. representative's as guardia_n's dead, as appropriate to the .status of Seller, subject only to matters contained in Paragraphs VI .and XII and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, .be transferred. by an absolute bill of sale with warranty of title,. subject only to such matters. as may be otherwise provided for herein. V. OTHER IIGREEl~RTFS: No prior or present agreements or representations -shall be binding upon Buyer or Seller unless included in this Contract. Np. modifiGatiQn or Change in this Contract shall ba valid oz binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. N. iiARRA1dTIES: Seller warrants that there are no facts-known to Seller materially affecting the value of the Property which are not readily abseryable by Buyer or which have nbt been disclosed to Buyer. 7 ~ ~ ~ ~ ,. ~ i® ~ C~ ~ 0 ~z A z ~ w= 0 o ~~ 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: August 28, 2008 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 ORDINANCE N0.37-08 ITEM BEFORE COMMISSION The item before the City Commission is that of approval of Ordinance No. 37-08 on first reading and transmittal of Comprehensive Plan Amendment 2008-WSP1 to the Florida Department of Community Affairs. BACKGROUND This amendment to the Comprehensive Plan is to integrate the City's 20 Year Water Supply Facilities Work Plan into the Comprehensive Plan. Full analysis of each of the following items is contained in the attached Comprehensive Plan Amendment. A brief description of each item is listed below: CITY-INITIATED TEXT AMENDMENTS: • Add sub-element for 20 Year Water Supply Facilities Work Plan to the Public Facilities Element. • Add policy A-1.10 to the Capital Improvement Element dealing with capital improvements for reclaimed water system and Table RW-CIP in Capital Improvement Element. • Add Table RW-CIP, 5-Year Capital Improvements Schedule for Reclaimed Water System to the Capital Improvement Element. REVIEW BY OTHERS The Planning and Zoning Board held a public hearing regarding the amendment on August 18, 2008. A presentation was made by staff and no one from the public addressed the Board. The Board unanimously (4-0) recommended approval of Comprehensive Plan Amendment 2008-WSP1 and transmittal of the Amendment to the Florida Department of Community Affairs. RECOMMENDATION By motion, approve on first reading, Ordinance No. 37-08, by adopting the findings of fact and law contained in the staff report and finding that Comprehensive Plan Amendment 2008-WSP1 supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the Amendment, containing the materials in the staff report with attachments to the Florida Department of Community Affairs. ORDINANCE NO. 37-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2008- WSP1, TO PROVIDE FORA 20 YEAR WATER SUPPLY FACILITIES WORK PLAN, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2008-WSP1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan -Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2008-WSP1; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held public hearings on August 18, 2008, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearings, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2008-WSP1 be transmitted; and WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, proposed Comprehensive Plan Amendment 2008-WSP1 was submitted to and reviewed by the City Commission; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2008-WSP1 was held on September 3, 2008, at which time it was authorized to be transmitted to the Florida Department of Community Affairs for required review; and WHEREAS, following review by the Florida Department of Community Affairs a second public hearing will beheld, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act." Section 3. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2008-WSP1," which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan -Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2008- WSP1. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That the effective date of this ordinance, is upon the date a final order is issued by the Department of Community Affairs (DCA) finding the amendment in compliance in 2 ORD. N0.37-08 accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. N0.37-08 PLANNING & ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: AUGUST 18, 2008 AGENDA ITEM: IV.B. RECOMMENDATION TO THE CITY COMMISSION REGARDING TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 08-WSP1. ITEM BEFORE THE BOARD The item before the Board is that of recommending to the City Commission transmittal of Comprehensive Plan Amendment 08-WSP1 to the Florida Department of Community Affairs. BACKGROUND /ANALYSIS The amendment to the Comprehensive Plan is to integrate the City's 20 Year Water Supply Facilities Work Plan into the Comprehensive Plan. Full analysis of each of the following items is contained in the attached Comprehensive Plan amendment. A brief description of each item is listed below: CITY-INITIATED TEXT AMENDMENTS: • Add sub-element for 20 Year Water Supply Facilities Work Plan to the Public Facilities Element. • Add policy A-1.10 to the Capital Improvement Element dealing with capital improvements for reclaimed water system and Table RW-CIP in Capital Improvement Element. • Add Table RW-CIP, 5-Year Capital Improvements Schedule for Reclaimed Water System to the Capital Improvement Element. 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. P&Z Board Staff Report IV.B. Transmittal of Comprehensive Plan Amendment 08-WSP1 Page 2 RECOMMENDED ACTION By motion, recommend that the City Commission transmit proposed Comprehensive Plan Amendment 08-WSP1 to the Florida Department of Community Affairs, Attachment: Comprehensive Plan Amendment c:\program files\neevia.com\document converter\temp\pdfconvert.2850.1.08-wsp1 pzxmit.doc MEMORANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: August 28, 2008 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 ORDINANCE N0.09-08 (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION The item before the City Commission is aCity-initiated amendment to LDR Sections 4.5.1 to provide criteria and a method for the removal from, or expansion of, an historic district, as well as a procedure for the reclassification of contributing and non-contributing properties within a historic district, pursuant to LDR Section 2.4.5(M). BACKGROUND The subject amendments were initially in response to concerns raised by City residents that new development both immediately adjacent to and within the Marina Historic District has either removed or significantly impacted the historic integrity of the 300 block of SE 7th Avenue. Therefore, the City Commission requested that Staff look into preparing an Ordinance which would allow areas to be removed from existing historic districts. At the workshop meeting of February 12, 2008, the City Commission discussed two (2) versions of the subject ordinance. After the workshop, a third version was introduced by the City Attorney's Office as an additional option. The three versions were reviewed by the required advisory boards. The Planning and Zoning Board considered this request at their April 21, 2008 meeting and made a recommendation to support "Version 2" with further revisions. Those revisions were incorporated to create Version 4 of the Ordinance. Additional changes were made by Staff to provide for the change of classification with respect to contributing and non-contributing structures, and these additional revisions were incorporated into Version 5. At the City Commission workshop of July 8, 2008, both Versions 4 and 5 were reviewed. At this time the Commission directed Staff to take these versions back for review and recommendations by each of the advisory boards. In summary, the two versions were very similar; however, they differ in that "Version 4" refers to the process as "Redefining Boundaries of Historic Districts", while "Version 5" refers to "Criteria for Removal from or Expansion of a Historic District". "Version 5" includes an additional process termed "Criteria for Change of Historic Classification" which is further explained and analyzed in the attached Planning and Zoning Board Staff Report. It should be noted that the removal of a historic designation is only available for properties within a district that touch the edge of the boundary of the historic district as it existed at the time of original designation or that are part of a platted lot that touched the edge but was later subdivided. The designation for those eligible properties could then be removed solely because the historic integrity has been irreversibly lost due to inappropriate development in that part of the district, in accordance with the procedures in the LDRs. A complete summary of the changes is included in the attached Planning and Zoning Staff report. REVIEW BY OTHERS The Historic Preservation Board (HPB) considered the subject amendments at their August 6, 2008 meeting, where they recommended approval of Version 5. The Pineapple Grove Main Street committee considered the subject amendments at their meeting of August 6, 2008, where they recommended approval of Version 5. The Downtown Development Authority (DDA) considered the subject amendments at their meeting of August 11, 2008 meeting, where they recommended approval of Version 5. The West Atlantic Redevelopment Coalition (WARC) considered the subject amendments at their meeting August 13, 2008 meeting, where they recommended approval of Version 5. The Community Redevelopment Agency (CRA) considered the subject amendments at their August 14, 2008 meeting, where they recommended approval of Version 5. The Planning and Zoning Board considered the subject amendments at their August 18, 2008 meeting, where they recommended approval of Version 5. RECOMMENDATION By motion, approve on first reading Ordinance No. 09-08, Version 5, for City-initiated amendments to the Land Development Regulations, which provide criteria and a method for the removal from, or expansion of, a historic district, as well as a procedure for the reclassification of contributing and non- contributing properties within a 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 meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ~ 4/29/08 VERSION 4 ORDINANCE N0.09-08 (alt # 6) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, 'HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", AND A NEW SUBSECTION 4.5.1(0), "PROCEDURES FOR REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR INCREASING AND/OR REDUCING HISTORIC DISTRICT BOUNDARIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 18, 2008 and voted 0 to 4 to recommeald that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has detemlined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Comrnission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Comtrrission 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 Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(l~, "Criteria for Redefining Boundaries of Historic Districts" and 4.5.1(0), "Procedures for Redefining Boundaries of Historic Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follow: Q~ Criteria for Redefining Boundaries of Historic Districts: (1) A survey of all historic districts may be conducted by the Ci , eve , five 5~ ,years. that was once Part of a Platted lot that touched the edge but has been subdivided has had its reduced to reflect the removal in accordance with the Procedures in LDR Section 4.5.1(O~ (a) If a Property owner within the Part of the district seeking to reduce the boundaries deternunes that they want to retain the historic designation for their property, then the~~P~ly to individuall~gnate their contnbuting structure within a historic district but does not aualif individual designation, then the Part of the district seeking to be removed from the district which includes said property may not be removed Lentil the tax exemption expires Pursuant to LDR Section 4.5.1 3 . (3) If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing then that historic district may redefine its boundaries to include the adjacent contnbuting structures in accordance with the Procedures in LDR Section 4.5.1(O~ (O) Procedures for Redefining Boundaries of Historic Districts. 1. The Historic Preservation Board at any time so long ash initiated survey has been consulted that was performed within five 5~years or less; ,years or less; or ORD. N0.09-08 a If an owners of designated Properties) seeks to redefine the boundaries of a historic district, then they shall Provide: i. Photographs and addresses of all Properties that will be either removed from or added to the historic district and; ii. signatures of seven , -five percent 75%,, o property owners that are located in the area that will be removed from or added to the historic district. (2) The Planning and Zoning Director or his/her designee shall conduct a (a) Proposed revised legal boundaries of the historic district; (c) A staff recommendation as to whether or not the boundaries should be reduced to remove Properties due to irreversible loss of historic integrity to an increase in contnbuting structures adjacent to the district. 3) Uvon completion and formal review of the revort, a public hearing shall be held Notice of said hearing shall be made to the owners o) fall Properties within the subi ect historic district and the owners o) fall Properties within five hundred feet (500' o Properties to be added or subtracted at least ten (10~~Prior to the hearing b~gular mail. Additional notice shall be given in the same manner as Provided for a rezoning action [see Section 2.4.2(S,~(1)(b)1 and by notice Published in the newspaper at least ten (10~~Prior to the hearing, provided; however, Posting~ursuant to 2.4.2(S,~(1)(b) is not required (4) After conducting the Public hearing if the Historic Preservation Soard finds that the aP~lication to redefine the boundaries fulfills the Proper criteria to add or subtract ORD. N0.09-08 properties and all procedures have been followed correctly it shall vote on the recommendation Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. N0.09-08 then be transmitted to the City Commission. The City Commission shall consider the aUnroval shall require a superT vote of four (4 votes. ~ 8 5/28/08 VERSION 5 ORDINANCE N0.09-08 (alt # 7) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS SY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, 'HISTORIC PRESERVATION SITES AND DISTRICTS", SY 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; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 18, 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, siding as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Comrnission 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, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(l~, "Criteria for Redefining Boundaries of Historic Districts" and 4.5.1(0), "Procedures for Redefining Boundaries of Historic Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follow: Q~ Criteria for Change of Historic Designation and/or Classification: (1) A survey of all historic districts may be conducted by the Ci , eve , five 5~ ,years. The surve~eport may recommend changes to the historic designation and/or classification of properties located within or immediately adjacent to a designated historic district. (a) Criteria for Removal from a Historic District: If a survey reveals that apart of a historic district that touches the edge of the boon of the historic district as it existed at the time of original designation of that designation for their Property, then the~~~ly to individuall~gnate theirtheir Propert~vursuant to LDR Sections 4.5.1 S) and (C . If a Property has received a tax exemption Pursuant to LDR Section 4.5.1(Nn as a contributing structure within a historic district but does not aualify for individual designation, then the Part of the district seeking to be removed from the district which includes said Propert~T may not be removed Lentil the tax exemption expires vursuant to LDR Section 4.5.1(NI)(3). (b) Criteria for Change of Historic Classification: If a City initiated non contnbuting then the classification may be revised in accordance with LDR Section 4.5.1(0) and shall be deternuned as follow: 1. The survey recommends the inclusion of an additional "Period 2. The survey recommends that a grope , or properties have been so significantly altered that the changes are irreversible and have contnbutin~ structures deemed to be contnbuting then that historic district may ORD. N0.09-08 the removal in accordance with LDR Section 4.5.1(O~ created to incorporate those identified Properties in accordance with LDR Section 4.5.1(0 (O) Procedures for Change of Historic Designation and/or Classification. (1) Procedures for Removal from or Expansion of a Historic District: Avnlications shall be made to the Historic Preservation Soard and may be initiated by written request of: (a) The Historic Preservation Soard based upon the recommendations of a surve~mPleted within five (5~years Prior to the aP~lication; (b) The City Commission based upon the recommendations of a survey completed within five (5~years Prior to the aP~lication; or added to the historic district. request of: (a) The Historic Preservation Soard based upon the recommendations of a City initiated surve~mPleted within five (5~~Prior to the application; or ~~ (b) The City Commission based upon the recommendations of a City initiated surve~mPleted within five (5Z~Prior to the application; or (c) An owners of a Property to be reclassified based upon the recommendation of a City initiated surve~mPleted within twelve (12~ ORD. N0.09-08 2. (3) The Planning and Zoning Director or his/her designee shall conduct a (a) Qiange of Historic Designation: 1. Proposed revised legal boundaries of the historic district; 2. Analysis of the historic significance and character of the Properties be removed from or added to the historic district; and 3. A staff recommendation as to whether or not the Properties should be removed due to irreversible loss of historic integrity as a result of historic district due to an increase in contributing structures adjacent to the district. (b) Qiange of Historic Classification: 1. Analysis of the Properties to be reclassified; and 2. A staff recommendation as to whether or not the Properties should be reclassified due to either: a loss of historic integrity as a result of irreversible alterations to a contributing~roperty; or b. inclusion of an additional "Period of Significance" per the survey recommendations. (4) Upon completion and formal review of the report, a Public hearing shall be held Notice of said hearing shall be made to the owners o) fall Properties within the subject historic district and the owners o) fall Properties within five hundred feet (500') of the affected Properties at least ten (10~~Prior to the hearing b~gular mail. Additional notice shall be given in the same manner as Provided for a rezoning action [see Section 2.4.2(S,~(1)(b)1 and by notice ORD. N0.09-08 (5) After conducting the public hearing if the Historic Preservation Soard finds that the application fulfills the proper criteria and all procedures have been followed correctly it shall vote on the recommendation. A maiority of the entire of the property seeking a change of historic designation and/or classification obiects, the City Commission approval shall require a superT vote of four 4 votes. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST City Clerk MAYOR First Reading Second Reading 5 ORD. N0.09-08 shall consider the recommendation of the Historic Preservation Soard through PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: AUGUST 20, 2008 AGENDA NO: IV.G. ITEM: CITY INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, `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. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding City- initiated amendments to LDR Section 4.5.1 as detailed in the above caption. These amendments provide criteria and a method for the removal from, or expansion of, a historic district, as well as a procedure for the reclassification of contributing and non-contributing properties within a historic district. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND The subject amendments were initially in response to concerns raised by City residents that new development both immediately adjacent to and within the Marina Historic District has either removed or significantly impacted the historic integrity of the 300 block of SE 7th Avenue. Therefore, the City Commission requested Staff to look into preparing an Ordinance which would allow areas to be removed from existing historic districts. Following the City Commission Workshop of February 12, 2008, the City Commission discussed two (2) versions of the subject ordinance and a third version was provided as an additional option. The three versions were reviewed by the required advisory boards who recommended the following: • At its meeting of April 2, 2008, the Historic Preservation Board (HPB) recommended the Planning and Zoning Department Staff move forward with the resurvey of the Marina Historic District, review the resurvey results, and consider an overlay district as an alternative to removal of designation, utilizing "Version 2" as a guide. The Pineapple Grove Main Street committee, Downtown Development Authority (DDA), West Atlantic Redevelopment Coalition (WARC), and the Community Redevelopment Agency (CRA) recommended "Version 2" which allows the submittal of an application for removal from a historic district, based upon recommendations from a survey of an historic district. • At its meeting of April 21, 2008, the Planning and Zoning Board considered the three versions, and recommended approval of "Version 2" with the following revisions: Planning and Zoning Board Meeting August 18, 2008 Ordinance 09-08 1. Change "Removal" to "Redefining Boundaries for Historic Districts" in order to provide a criteria and a method for removing and/or adding properties from/to a historic district; 2. Require the City to conduct a survey of the historic districts every five years; 3. Require owners who initiate the process to use a City initiated survey within 12 months of its completion; 4. Permit the City Commission and HPB to initiate the process within five years of a completed survey; 5. Require signatures of at least 75% of property owners located in the affected area. Following the Planning and Zoning Board recommendation, those suggested revisions were incorporated to create "Version 4". "Version 4" was further refined to create Version 5 which included additional language to provide for the reclassification of contributing or non-contributing properties relating to modifying "Periods of Significance". Each version is described and analyzed below, and a detailed outline is provided in Appendix A. At the City Commission workshop of July 8, 2008, both Versions 4 and 5 were reviewed. At this time the Commission directed Staff to take these versions back for review and recommendations by each of the advisory boards. Version 4 and Version 5 of Ordinance (09-08) are now before the Board for recommendation to the City Commission. LDR TEXT AMENDMENT DESCRIPTION AND ANALYSIS The two versions to be compared and considered are very similar; however, they differ in that "Version 4" refers to the process as "Redefining Boundaries of Historic Districts", while "Version 5" refers to "Criteria for Removal from or Expansion of a Historic District". "Version 5" includes an additional process termed "Criteria for Change of Historic Classification" which is further explained and analyzed below. It should be noted that the removal of a historic designation is only eligible for properties within a district that touch the edge of the boundary of the historic district as it existed at the time of original designation or that are part of a platted lot that touched the edge but was later subdivided. The designation for those eligible properties could then be removed solely because the historic integrity has been irreversibly lost due to inappropriate development in that part of the district, in accordance with the procedures in the LDRs (contained within the attached Ordinances). Both versions also permit the HPB and City Commission to apply for the removal from or addition into the historic district within five years of aCity-initiated historic district survey. Any property owner(s) may apply for either process within twelve months of the City-initiated survey. An application by a property owner would also require the submittal of addresses and photographs of those properties to be removed or added in addition to the signatures of seventy-five percent (75%) of the property owners within the area. The previous versions specified the qualifications of the consultant to perform the survey such as experience and expertise in South Florida architectural and developmental history. However, these specifications have been omitted as they are included within the City RFP (Request for Proposals) for all surveys and/or resurveys. The procedures require review by the Historic Preservation Board and a majority vote by the City Commission. However, if a property owner within 500' of a property to be removed or added objects, then a super majority of four (4) votes will be required. These procedures are the same as those followed for the initial designation of any historic districts and/or site. 2 Planning and Zoning Board Meeting August 18, 2008 Ordinance 09-08 In addition to the above, "Version 5" outlines criteria to change the classification for a property within an existing historic district. A survey of a contributing property may recommend a reclassification to non-contributing if there have been significant alterations which have compromised its historic integrity. In addition, a survey may recommend the inclusion of an additional "Period of Significance" which would likely reclassify properties from non-contributing to contributing. The term "Period of Significance" refers to a specific timeframe in history with its own importance and special characteristics with respect to architectural styles, cultural influences, people, etc. Contributing properties would relate to the specified period of significance identified in a survey report. In both cases referenced above, the public hearing procedures as discussed above would be followed. While the differences are minor between the two versions under review, Staff would recommend that "Version 5" be supported. 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. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policv A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Future Land Use Policv A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. The Future Land Use Element of the City's Comprehensive Plan calls for the provision of historic preservation by redevelopment. However, the subject Ordinance has been created to address the impact of redevelopment (located both within and immediately adjacent to a historic district) which may have significantly impacted the historic integrity of properties located within an historic district. With the recent amendments to the historic district review regulations, future incompatibilities should be minimized. Further, if incompatible areas of a district are allowed to be removed, the remaining district will strengthen. Therefore, positive findings can be made that these proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Future Land Use Element. 3 Planning and Zoning Board Meeting August 18, 2008 Ordinance 09-08 HOUSING ELEMENT: GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING AND ENHANCING NEIGHBORHOODS THAT ARE IN TRANSITION, AND RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE DECLINED. Housing Element Obiective A-10 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policv A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housing Element Policv A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Element Policv A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. The proposed LDR amendments comply with the Housing Element in that they will stabilize and enhance existing historic neighborhoods with the removal of areas that have lost their historic integrity. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Housing Element. Coastal Management Element Policv B-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the specific implementation program. Coastal Management Element Policv B-2.2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. Coastal Management Element Obiective C-1 The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Planning Area. The Marina Historic District shall continue to be redeveloped with a sympathetic blending of the demands of economic development and historic preservation. Coastal Management Element Policv C-1.1 The northern portion of the Marina District nearest Atlantic Avenue shall be developed with the active participation of both the Historic Preservation Board and the Community Redevelopment Agency. 4 Planning and Zoning Board Meeting August 18, 2008 Ordinance 09-08 Coastal Management Element Policy C-1.2 The middle and southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi-family structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district. The proposed LDR amendments comply with the Coastal Management Element of the Comprehensive Plan in that they are sensitive and in fact provide mechanisms to strengthen the two designated historic districts within this area: Nassau Street and Marina. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Coastal Management Element. ASSESSMENT The Comprehensive Plan calls for the preservation of historic resources, the rehabilitation of historically significant housing, and the promotion of historic designations as a revitalization tool. Further, the Plan calls for Staff assistance in implementing neighborhood supported initiatives aimed at preserving the character of existing residential areas. The proposed amendments achieve the aforementioned goals and policies by removing or adding development from the historic district designation while strengthening those remaining and qualifying properties. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) considered the subject amendments at their July 24, 2008 meeting. Upon discussion of the subject amendments, the board members requested additional time to review the amendments. Upon further consideration at the meeting of August 14, 2008, a recommendation to support Version 5 was made. The Historic Preservation Board (HPB) considered the subject amendments at their August 6, 2008 meeting, where a recommendation to support Version 5 was made. The Pineapple Grove Main Street committee considered the subject amendments at their meeting of August 6, 2008, where a recommendation to support Version 5 was made. The Downtown Development Authority (DDA) considered the subject amendments at their meeting of August 11, 2008 meeting, where a recommendation to support Version 5 was made. The West Atlantic Redevelopment Coalition (WARC) considered the subject amendments at their meeting August 13, 2008 meeting, where a recommendation to support Version 5 was made. First Reading by the City Commission is anticipated for the regular meeting of Wednesday, September 3, 2008, with Second Reading to occur at the City Commission meeting of Tuesday, September 16, 2008. Letters of objection and support, if any, will be presented at the meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations (LDRs) of either Version 4 or Version 5, by adopting the findings of fact 5 Planning and Zoning Board Meeting August 18, 2008 Ordinance 09-08 and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. C. Move a recommendation of denial to the City Commission of the amendments to the Land Development Regulations (LDRs) of either Version 4 or Version 5, by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan. (Motion to be phrased in the affirmative. See above.) RECOMMENDATION Move a recommendation of approval of to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 09-08, Version 5, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Appendix A -Ordinance 09-08, Version 4 and 5 Outline • Proposed LDR Amendment Ordinance 09-08 -Version 4 • Proposed LDR Amendment Ordinance 09-08 -Version 5 6 Planning and Zoning Board Meeting August 18, 2008 Ordinance 09-08 APPENDIX A Version 4 - "Redefining Boundaries for Historic Districts" Revised Version 2 according to recommendations by Planning and Zoning Board A. Criteria If a survey reveals that a part of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once part of a platted lot that touched the edge but has been subdivided and has had its historic integrity irreversibly compromised due to inappropriate development, then the offending part of the district may be removed and the boundary lines of the historic district reduced to reflect the removal. 2. If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing, then that historic district may redefine its boundaries to include the adjacent contributing structures. B. Removal Initiated By 1. Written Request of Property Owners within 12 months of completed City-initiated survey. 2. Historic Preservation Board dependant upon survey within last 5 years. 3. City Commission dependant upon survey within last 5 years. C. Documentation Required with Property Owner Application 1. Photographs and addresses of those properties to be removed or added 2. Signatures of 75% of property owners to be removed or added. D. Public Hearing 1. HPB provides recommendation to City Commission 2. City Commission requires majority, unless a property owner within 500' objects, then a supermajority is required. 7 Planning and Zoning Board Meeting August 18, 2008 Ordinance 09-08 APPENDIX A Continued... Version 5 - "Change of Historic Designation and/or Classification" Revised Version 2 incorporating the Planning and Zoning Board's recommendations, and adding "Change of Historic Classification". A. Criteria Removal from a Historic District: If a survey reveals that a part of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once part of a platted lot that touched the edge but has since been subdivided has had its historic integrity irreversibly compromised due to inappropriate development, then the offending part of the district may be removed and the boundary lines of the historic district revised to reflect the removal. 2. Change of Historic Classification: If aCity-initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either contributing or non-contributing, then the classification may be revised. a. The survey recommends the inclusion of an additional "Period of Significance", which could reclassify properties from non-contributing to contributing, or; b. The survey recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which could reclassify the structure from contributing to non- contributing. 3. Expansion of a Historic District: If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing, then that historic district may redefine its boundaries to include the adjacent contributing structures, or a new historic district may be created to incorporate those identified properties. B. Initiated By 1. Removal from or Expansion into: a. Property Owners within 12 months of completed City-initiated survey. b. Historic Preservation Board or City Commission dependant upon survey within last 5 years. 2. Change of Historic Classification: a. Property Owners within 12 months of completed City-initiated survey. b. Historic Preservation Board or City Commission within 5 years of completed City- initiated survey. C. Documentation Required with Property Owner Application 1. Photographs and addresses of those properties to be removed, added, or reclassified. 2. Signatures of 75% of property owners to be removed, added, or reclassified. D. Public Hearing 1. HPB provides recommendation to City Commission. 2. City Commission requires majority, unless a property owner within 500' objects, then a supermajority is required. 8 MEMORANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: August 27, 2008 SUBJECT: AGENDA ITEM 10.G. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 ORDINANCE 30-08 (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION The item before the City Commission is aCity-initiated amendment to LDR Sections 2.2.6(D) to provide consistency with the requirements listed in other sections of the Land Development Regulations, and amending Sections 4.5.1 (D), 4.5.1(E), 4.5.1(F), 4.5.1(H), and 4.5.1(I) to require that relocation of a structure not occur until a building permit has been issued for the associate redevelopment plans. BACKGROUND The primary purposes of these amendments are both corrective and to add language to require that the relocation of structures not occur until building permits for associated redevelopment plans have been issued. This would apply similar regulations to both relocations and demolitions. A complete outline and analysis of the subject amendments is provided in the attached Planning and Zoning Board Staff Report. REVIEW BY OTHERS The Historic Preservation Board (HPB) considered the subject amendments at its meeting of August 6, 2008 and recommended approval. The Pineapple Grove Main Street committee considered the subject amendments at its meeting of August 6, 2008 and recommended approval. The Downtown Development Authority (DDA) considered the subject amendments at their August 11, 2008 meeting and recommended approval. The West Atlantic Redevelopment Coalition (WARC) considered the subject amendments at their August 13, 2008 meeting and recommended approval. The Planning and Zoning Board considered the subject amendments at its meeting of August 18, 2008 and recommended approval. RECOMMENDATION By motion, approve on first reading Ordinance No. 30-08, amending the Land Development Regulations (LDRs) by adopting the findings of fact and law contained in the staff report and finding that the text amendments are consistent with the Comprehensive Plan and meet the criteria set forth in LDR Section 2.4.5(M). ORDINANCE N0.30-08 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 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 BUILDING PERMIT FOR THE REDEVELOPMENT PLANS HAVE SEEN ISSUED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 18, 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 Plary 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 2.2.6, "The Historic Preservation Board" Subsection (D), "Duties, Powers, and Responsibilities" of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.2.6 The Historic Preservation Board (D) Duties, Powers, and Responsibilities (1) Develop, maintairy and update a survey of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, inforniation, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. (2) Nominate properties for designation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. (3) Participate in the National Register program to the greatest possrble extent, as defined by the 1981 and subsequent amendments to the Historic Preservation Act of 1966 and regulations and rules drafted pursuant hereto by the National Park Service and the State Bureau of Historic Preservation (4) Act as a regulatory body to approve, deny, or modify Certificates of Appropriateness as specified in Section 2.4.6(H). In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in Section 4.5.1(E)(8) with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, Ie~Ee;o=e?-a~ ~„d =~e~c f oot:~_, and other criteria set forth in Section 4.5.1. (5) Male recommendations concerning land development code amendments to the Planning and Zoning Board, and concerning building code amendments to the Chief Building Official, as they apply to Historic structures and districts. (6) Act in lieu of Board of Adjustment. The Historic Preservation Board shall act in lieu of the Board of Adjustment and is empowered to grant variances from existing ordinances for properties designated as historic sites, within designated historic districts or listed on the Local Register of Historic Places. In addition, the Board is empowered to grant variances from the sign code for those nonconforming signs which existed at the time of enactment of the sign code and relief to Section 4.6.16 through the waiver process [Section 2.4.7(5)]. (7) Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for ~t~i~t~ all properties which are Individuall~gnated and/or located within historic districts. Such guidelines will be subject to reviewby the Planning and Zoning Board, and will be subject to approval by the Commission. The Board's consideration and approval of Certificates of Appropriateness under these guidelines shall be in lieu of consideration and approval by the Site Plan ReviewSoard 2 ORD. N0.30-08 (8) Make recommendations to the Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation (9) Increase public awareness of the value of historic preservation by developing, conducting, and participating in public education programs. (10) Male recommendations to the Commission concerning the use of grants from federal and state agencies, and the use of City funds to promote the preservation and conservation of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (11) Evaluate, comment upon, and make recommendations to the Commission concerning the deliberations and decisions of other public agencies affecting the physical development and appearance of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (12) Contact public and private organizations, businesses, and individuals and endeavor to arrange agreements to help insure the conservation and preservation of historically and aesthetically significant sites, buildings, structures, and districts for which demolition or destruction is proposed (13) In the name of the City, and only with the express approval of the Commission, seek, apply for, solicit, receive, and expend any federal, state, or private grant, gift, or bequest of any funding, property, or interest in properly to further the purposes of historic and heritage conservation and preservation. (14) Male recommendations to the Commission, and by referral to the Planning and Zoning Soarcl, to make historic preservation concepts an integral and ongoing part of all City planning and zoning codes, the City land use plan, and any comprehensive use planning required by this state. (15) Create and approve standardized historic markers and plaques and issue recognition to designated historic sites and historic districts within the City. (16) Advise the Commission on all matters related to the use, administration, and maintenance of city-owned designated historic sites and historic districts. (1 ~ Execute any other functions which maybe approved by ordinance or resolution of the Commission. (18) Demonstrate a spirit of cooperation with and provide administrative assistance to property owners in the conservation and preservation of historic sites and properties within historic districts. 3 ORD. N0.30-08 (19) Develop and maintain a Historic Preservation Manual for the City to help property owners fulfill the regulations and requirements of this section and the regulations for historic preservation developed by the Historic Preservation Board and approval by the Commission Section 2. That Section 4.5.1, "Historic Preservation Sites and Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: Section 4.5.1 Historic Preservation Sites and Districts: (D) Review and Approval Procedures: Once properly is placed within a Historic District or designated as a Historic Site no development order shall be issued without first obtaining a Certificate of Appropriateness {C$A~ pursuant to Section 2.4.6~~H from the Historic Preservation Board Obtaining a Certificate of Appropriateness ~~ is required in addition to any other process which is required for the development application (E) Development Standards: All development regardless of use within individually designated historic properties and/or properties located within historic districts, whether contributing or noncontributing, residential or nonresidential, shall comply with the goals, objectives, and policies of the Comprehensive Plary these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation (1) Exterior Architectural Features. For the purpose of this Section, exterior architectural features shall include, but not be lirrdted to the following. (a) The architectural style, scale, general desigry and general arrangement of the structure's exterior; (b) The type and texture of building material; and (c) The type and style of all roofs, window, doors, and signs. (2) Major and Minor development: For purposes of this section, major and minor development standards shall be applied as noted in the following table: 4 ORD. N0.30-08 Zoning District Use Modification of Contributing Structures Modification of Non-Contributing Structures Under 25% Over 25% Under 25% Over 25% CBD & CF Multi-Famil Minor Minor Minor Minor Minor Non-Residential Minor Minor Minor Minor Minor R-1-A, R-1-AA, Sin le Famil /Du lex Ma or Minor Ma or Minor Ma or RO, OSSHAD, Multi-Famil Ma or Minor Ma or Minor Ma or RL, & RM, Non-Residential Major Minor Major Minor Major Notes: 1. All development on individually designated properties in all zoning districts is Nfinor 2. All development on properties in the OSSI IAD district which are subject to CBD regulations pursuant to Section 4.4.24(B) (12) is Minor. (a) For the purposes of this section, "residential" includes single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential Office (RO) zoning district. (b) Major development shall be considered 1. New construction in all historic districts except CSD and CF zoned properties and properties zoned OSSHAD subject to CSD design guidelines; or , 2. The construction, reconstruction, or alteration of in excess of twenty-five percent (25%) of the existing floor area of the building, and all appurtenances, except for properties zoned CSD or CF and properties zoned OSSHAD subject to CSD design guidelines. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008; or, 3. The construction, reconstruction, or alteration of any part of the front facade of an existing contributing residential or non residential structure and all appurtenances, except for properties zoned CSD or CF and properties zoned OSSHAD subject to CSD design guidelines. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008. (c) NTinor development shall be considered 5 ORD. N0.30-08 1. All new construction in all historic districts on property zoned CSD and CF as well as all properties in the OSSHAD zoned district subject to the CSD design guidelines; or, 2. All modifications to existing contributing and noncontnbuting structures in all historic districts on property zoned CSD and CF as well as all properties in the OSSHAD zoning district subject to the CSD Design Guidelines; or, 3. The construction, reconstruction, or alteration of any part of the front facade of an existing noncontributing residential or non residential structures and all appurtenances; or, 4. The construction, reconstruction, or alteration of less than twenty-five percent (25%) of the existing floor area of the building and all appurtenances. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008. 5. Any changes to Individually Historically Designated properties, whether already on site or newly designated, to help facilitate the move of a historic structure into a historic district. (3) Buildings, Structures, Appurtenances and Parking. Buildings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district: (a) A~nurtenances: Appurtenances include, but are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. 1. Fences and Walls: a Quin link fences shall be clad in a green or black vinyl and shall only be used in rear yards, or where they are not visrble from the street. b. Swimming pool fences shall be designed in a manner that integrates the layout with the lot and structures without exhibiting a utilitarian or stand alone appearance. 6 ORD. N0.30-08 c. Fences and walls over four feet (4') shall not be allowed in front or side street setbacks. d All other provisions in Section 4.6.5 shall apply. 2. Garages and Carports: a The following compatibility standards shall apply for major development, where applicable: Garages and carports are encouraged to be oriented and entered from the side or rear and out of view from the public right of way. However, if this is not possible, the orientation of garages and carports shall be consistent with the maj ority of such structures within the district. ii. Garage doors should be designed to be compatible with the architectural style of the principal structure and include individual openings for vehicles rather than two car expai~ses of doors. Metal two car garage doors are discouraged (b) Parking: 1. Where feasible, alternative methods of meeting minimum parking standards contained in Sections 4.6.9(C)(8) and/or 4.6.9(E), as applicable, shall be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking. Parking lots shall strive to contribute to the historic nature of the properties/districts in which they are located by use of creative design and landscape elements to buffer parking areas from historic structures. At a minimum, the following options shall be considered a Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public right- of-way with fencing, landscaping, or a combination of the two pursuant to Section 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. 7 ORD. N0.30-08 d Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically. e. Use appropriate materials for driveways, such as concrete poured in nbbons. Avoid wide driveways and circular drives. 2. Waivers maybe granted by the Historic Preservation Board for relief from the number of parking spaces required in Section 4.6.9 upon presentation of confirmation that adequate parking for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines. (4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documentecl, original design of the building maybe considerecl, among other factors. (5) Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be alterecl, restorecl, preservecl, repairecl, relocatecl, demolishecl, or otherwise changed in accordance with the Secretary of the Interior s Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. (6) Relocation. (a) 1. the purposes of this Section; 2. would cause undue economic hardship to the property owner in accordance with the definition of undue economic hardship found in Section 4.5.1 (Hl; or, 3. a building~ermit has been issued for the Historic Preservation Board approved redevelopment. 8 ORD. N0.30-08 (7) Demolition. Demolition of historic or archaeological sites, or buildings, structures, improvements and appurtenances within historic districts shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition of any structure, whether contributing or non contributing, shall not occur until a building permit has been issued for the HPB approved redevelopment. All structures approved for demolition and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application unless the Chief Building Official determines that an unsafe building condition exists in accordance with Section 4.5.1(G). (8) Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, ~ Ee;o=eraa „d =i~-~, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be deterrriiried by utilizing criteria contained in (a)-(m) below Visual compatibility for all development on individually designated properties outside the district shall be deterrriiried by comparison to other structures within the site. (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5.1(E)(2)(a), shall also be deterrriiried through application of the following. 1. Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front property line. a The building height plane line is extended at an inclined angle from the intersection of the front yard properly line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one (2:1) ratio. See illustration below 9 ORD. N0.30-08 ;~ NC BUILD MAX 35' HT. ~~ ZONE ~I al ~~ CI ' 22.5't HISTORIC ~' -v------------------------ al ~ 2 STORY NT. ~ I 17.5' REAR ¢°O~ ,fl~~~ 15'¢ SETBACK 30.0'- - 35.0' BUILDING HEIGHT PLANE AT 2;1 RATIO b. A structure relocated to a historic district or to an individually designated historic site shall be exempt from this requirement. 2. First Floor Maximum Height: a Single-story or first floor limits shall be established by. i. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). ii. Mean Roof Height shall not exceed eighteen feet (18'). iii. Any portion exceeding the dimeT~sions described in i. and ii above shall be considered multi-story structures. iv. See illustration below v. Sections i. and ii., above may be waived by the Historic Preservation Soard when appropriate, based on the architectural style of the building 3. Upper Story Height: 10 ORD. N0.30-08 a Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12'). (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subj ect historic district. (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. (f) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewallcs of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building 11 ORD. N0.30-08 (i) Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, window, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building is appropriate, the following shall applyfor major development only. 1. For buildings wider than sixty percent (60%) of the lot width, a portion of the front facade must be setback a minimum of seven (7) additional feet from the front setback line: a Lots sixty-five (65) feet or less in width are exempt from this requirement. b. To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100' lot width x 40% = 40' - 15' side yard setbacks = 25'). c. Any part or parts of the front facade may be used to meet this requirement. d See illustration below 12 ORD. N0.30-08 e. If the entire building is set back an additional seven (7) feet, no offset is required 2. For buildings deeper than fifty percent (50%) of the lot depth, a portion of each side facade, which is greater than one story higi-y must be setback a minimum of five (5) additional feet from the side setback line: a To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50%) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50% _ 60' - 25' front yard setback -10' rear setback = 25'). b. Any part or parts of the side facades may be used to meet this requirement. c. See illustration below 75' LOT b ~~ r T~ LDT J 1 N N }}.... 25 ' J p W N 7.5' 6' 50' 6' .5 TS 5 5' 7.5 ~ ~ N d If the entire building is set back an additional five (5) feet from the side, no offsets are required on that side. 3. Porches maybe placed in the offset portion of the front or side facades, provided they are completely open except for supporting columns and/or railings. 13 ORD. N0.30-08 (lc) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. (1) Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or properly and not introduce elements definitive of another style. (m) Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building 3. Qiaracteristic features of the original building shall not be destroyed or obscured 4. Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original desigry but shall be coherent in design with the existing building 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building (9) Visual Compatibility Incentives. In order to provide design flexibility for residential structures, as defined by LDR Section 4.5.1(E)(2)(a), that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(8), incentives for development shall include the following. (a) Open Air Spaces: The ratio of the Building Height Plane (BHP) can increase from two to one (2:1) to two to one and a half (2:1.5) for open air spaces lirrdted to: first or second floor front porches (separation must 14 ORD. N0.30-08 be provided between floors), first or second floor side porches (separation must be provided between floors), balconies, and overlooks with open railings (see illustration belowj; and (b) Front Elevation: Up to twenty five percent (25%) of the front elevation(s) can extend above the Building Height Plane (BHP) to a maximum height of thirty five feet (35'), provided twenty five percent (25%) or more of the front elevation(s) remains one (1) story as defined by LDR Section 4.5.1 (E)(8)(a)(2). The total width of extension shall not exceed eighteen feet (18') along the front elevation(s). See illustration below 15 ORD. N0.30-08 (F) Restrictions on Demolitions: No structure within a Historic District or on a Historic Site shall be demolished without first receiving a Certificate of Appropriateness pursuant to Section 2.4.6(H). The Historic Preservation Soard shall be guided by the following in considering such a request. (1) The Historic Preservation Soard upon a request for demolition by a properly owner, shall consider the following guidelines in evaluating applications for a certificate of appropriateness for demolition of designated historic sites, historic interiors, or buildings, structures, or appurtenances within designated historic districts; (a) Whether the structure is of such interest or quality that it mould reasonably fulfill criteria for designation for listing on the national register. (b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced only with great difficulty or economically nonviable expei~se. (c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city. 16 ORD. N0.30-08 (d) Whether retaining the structure would promote the general welfare of the city by providing an opporhmity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. (e) Whether there are approved plans for immediate reuse of the properly if the proposed demolition is carved out, and what effect those plans will have on the surrounding area (2) No decision of the Board shall result in undue economic hardship for the property owner. The Board shall ~e deternune the existence of such hardship in accordance with the definition of undue economic hardship found in Subsection (H). (3) The Board's refusal to grant a Certificate of Appropriateness requested by a property owner for the purpose of demolition will be supported by a written statement describing the public interest that the Board seeks to preserve. (4) The Board may grant a Certificate of Appropriateness as requested by a property owner, for demolition which may provide for a delayed effective date. The effective date of the certificate will be determined by the Board based on the relative significance of the structure and the probable time required to arrange a possrble alternative to demolition The Board may delay the demolition of designated historic sites and contributing buildings within historic districts for up to six months while demolition of non contributing buildings within the historic district maybe delayed for up to three months. (5) As a condition of the Certificate of A Tpriateness approval for demolition, the Board may require that the applicant take such steps as it deems necessary to preserve the structure a requested for demolition ~~~'~ ~'_--~ ri,.,~, r- ---, includein ,consultation with community groups, public agencies, and interested citizens, recommendations for acquisition of property by public or private bodies, or agencies and exploration of the possibility of moving one or more structures or other features. (G) Unsafe Buildings: In the event the Chief Building Official detem-iiries that any structure within a designated historic site or designated historic district is unsafe pursuant to the applicable Code of Ordinances, the Chief Building Official will immediately notify the Board of his findings. Where appropriate and in accordance with applicable ordinances, the Chief Building Official will attempt to have the structure repaired rather than demolished, and will take into consideration any comments and recommendations by the Board However, the provisions contained within division (A) of this section shall not apply to the Chief Building Official's declaration that a building is unsafe, nor will the Chief Building Official be precluded from taking whatever steps, as may be required by applicable ordinances to protect the public health and safety of the community. The Board may also endeavor to negotiate with the owner and interested parties, provided such actions do no interfere with procedures in the applicable ordinances. 17 ORD. N0.30-08 (I~ Undue Economic Hardship: In ~r all instances where there is a claim of undue economic hardship, the property owner shall submit, within a reasonable period of time, prior to a meeting with the Soard the following documentation: (1) For All Property: (a) The amount paid for the property, the date of purchase, and the party from whom purchased (b) The assessed value of the land and improvements thereon, according to the two most recent assessments; (c) Real estate taxes for the previous t~ years; (d) Annual debt service or mortgage payments, if any, for the previous t~ years; (e) All appraisals, if any, obtained within the previous t~ years by the owner or applicant in connection with the purchase, financing, or ownership of the property; (f) Any listing of the property for sale or rent, price asked and offers received if any; and (g) Any consideration by the owner as to profitable adaptive uses for the property, including but not limited to possible fair market rents for the property if it v\ere rented or leased in its current condition. (2) For Income Property (Actual or Potential): (a) The annual gross income from the properly for the previous two years, if any; (b) The annual cash flow, if any, for the previous two years; and (c) The status of leases, rentals, or sales for the previous two years. (3) An applicant may submit and the Soard may require that an applicant furnish additional information relevant to the Soard's determination of any alleged undue economic hardship. The Soard may also require, in appropriate circumstances, that information be furnished under oath. 18 ORD. N0.30-08 (I) Historic Preservation Board to Act on Applications Other than Certificates of A~l~YOpYlaterieSS , , PLffSUant t0 the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all development applications for properties located within a Historic District or ex-~ter~=z for Individuallv Designated Sites as listed on the Local Register of Historic Places, subject to processing Linder Sections 2.4.5(F),(G),(H), and (I) which otherwise would be acted upon by the Site Plan Review and Appearance Board or the Planning and Zoning Board Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward 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 2008. ATTEST MAYOR City Clerk First Reading Second Reading 19 ORD. N0.30-08 PLANNING AND ZONING` BQARD MEMQRANDUM STAFF REPORT MEETING OF: AUGUST 18, 2DD8 AGENDA NO: IV.F. ITEM: CITY INITIATED~AMENDMENTS 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 BUILDING PERMIT FOR THE REDEVELOPMENT PLANS HAS BEEN ISSUED. ' ITEM BEFORE THE 1sBOARD The item before the Board is that of malting a recommendation to the City Commission regarding City- initiated amendments to LDR Sections 2.2.6(D}, 4.5.1(E), 4.5.1(F), 4.5.1 (H}, and 4.5.1 (I) as detailed in the above caption. The primary purposes of these amendments are bath corrective and to add language to require that the rebcation of structures not occur until building permits for associated redevelopment plans have been issued. This would apply similar regulations to both relocations and demolitions. Pursuant to Section 1.1.6(A}, an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. DESCR _~. __ _.. IPTION The proposed amendments are summarized below: LDR Section 2.2.6(D}(4), The Historic Preservation Board, Duties, Powers, and Responsibilities • Removes language referring to lot coverage and square footage which is not applicable, and was not deleted in the adoption of previous revisions within Ordinance 38-07; • Deletes references to "historic sites" and replaces with "all properties which are Individually Designated andlor located within historic districts"; • Corrects and removes reference of the Site Plan Review and Appearance Board regarding review of the guidelines applicable to the properties reviewed by the HPB. LDR Section 4.5.1(D), Review and Approval Procedures • Removes the reference of the COA acronym; • Corrects and references the correct LDR Section 2.4.6(H}, Certificate of Appropriateness for Individually Designated Historic Structures and all Properties Located within Historic Districts, as opposed to LDR Section 2.4.6(J), Drainage Plans. Planning and Zoning Board Meeting August 98, 2008 Ordinance 30-08 LDR Section 4.5.1(E}(6), Development Standards: Relocation Requires that the relocation of a historic structure not take place until the building permit for the redevelopment plans is issued (similar to how demolitions are addressed); • Provides for, the maintenance of the structure while awaiting issuance of the aforementioned relocation permit. LDR Section 4.5.1{E}($), Development Standards: Visual Compatibility Standards • Removes language referring to lot coverage and square footage which is not applicable, and was not deleted in the adoption of previous revisions within Ordinance 38-07. LDR Section 4.5.1(F)(2), Restrictions on Demolition • Removes "have authority to" since this was deemed unnecessary wording within sentence. LDR Section 4.5.1(F}(~), Restrictions on Demolition • Clarifies existing language in accordance with recent amendments made regarding the demolition of structures. LDR Section 4.5.1 (H}, Undue Economic Hardship • Clarifies existing language with minor edits to provide that in all instances claiming economic hardship, the property shall submit specified documentation. LDR Section 4.5.1{I}, Historic Preservation Board to Act on Site Plan, Landscape Plans, and Architectural Elevations • Clarifies existing language regarding the ability of the HPB to act on applications other than Certificates of Appropriateness. The attached ordinance (30-08} is now before the Board for recommendation to the Planning and Zoning Board. LnR TEXT AMENflMENT ANALYSIS The primary purpose of the subject amendments is to provide criteria that relocations of any structures not occur until the building permit is issued for redevelopment of the originating site. The requirements are similar to those for buildings approved for demolition. While this has not been an issue, there are no regulations providing this type of protection far the original property and its streetscape, as the creation of an empty lot affects the historic streetscape. The amendments also require that the building be maintained in a manner similar to that which existed at the time of application. This will provide for further protection and assure that the structure has not been partially demolished by neglect prior to relocation. The balance of the amendments intend to either "clean up" the existing language as it may be incorrect, or clarify existing language. REQUIRED' FINDINGS LDR Section 2.4.5(M}(5) (Findings): Pursuan# 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 consis#ent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: 2 Planning and Zoning Board Meeting August 9 $, 2008 Ordinance 30-08 FUTURE LAND USE ELEMENT; GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policy~A-4.1. Prior to approval or recommending approval of any land use or development application far property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Future Land Use Policy A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. The Future Land Use Element of the City's Comprehensive Plan calls for the enhancement of the existing quality of life and mandates that redevelopment shall provide for the preservation of historic resources. These requirements are strengthened in the proposed amendments to protect the city's designated historic areas from the impact of relocafing historic properties wifhouf an assurance of imminent redevelopment. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Future Land Use Element. HOUSING ELEMENT: GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING AND ENHANCING NEIGHBORHOODS THAT ARE iN TRANSITION, AND RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE DECLINED. Housing Elemen# Objective A-10 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policy A-1,0.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housing Element Policy A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housin Element Ob'ecti~e A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. 3 Planning and Zoning Board Meeting August 18, 2008 Ordinance 30-08 HotJSing Element Policy A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. The proposed LDR amendments comply with the Housing Element as nofed above in fhat they will further strive to stabilize and enhance existing historic neighborhoods through the prevention of the relocation of viable historic structures without a commitment to redevelop the property. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Housing Element. Coastal Management Element Policy B-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C- 1for the specific implementation program. Coastal Management Element Policy B-2,2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. Coastal Management Element 4biective C-1 The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Planning Area. The Marina Historic District shall continue to be redeveloped with a sympathetic blending of the demands of economic development and historic preservation. Coastal Management ,Element Policy C-1.1 The northern portion of the Marina District nearest Atlantic Avenue shall be developed with the active participation of bath the Historic Preservation Board and the Community Redevelopment Agency. Coastal Management Element Palicy C-1.2 The middle and southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi-family structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district. The proposed LDR amendments comply with the Coasts! Management Element of the Comprehensive Plan in That They are sensitive to the two designated historic districts within this area: Nassau Street and Marina. Overall, the protection of the historical resources located in the aforementioned historic districfs will continue to be enforced by providing that relocations of historic structures will require that permits for redevelopment wil! be issued prior to the removal of existing structures. Upon consideration of the above, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Coastal Management Element. ~ ASSI=SSMENT __.- -- The Comprehensive Plan calls for the preservation of historic resources, the rehabilitation of historically significant housing, and the promotion of historic designations as a revitalization tool. The proposed amendments achieve the aforementioned goals and policies by placing additional emphasis on the importance of maintaining the historic streetscapes within the designated districts. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. 4 Planning and Zoning Board Meeting August 18, 2008 Ordinance 30-08 ... - ~` REVIEW BY OTHERS ---- -__ The Historic Preservation Board (HPB) considered the subject amendments at its meeting of August 6, 2008 where a recommendation of approval was made. The Pineapple Grove Main Street committee considered the subject amendments at its meeting of August 6, 2008 where a recommendation of approval was made. The Downtown Development Authority {DDA) considered the subject amendments at their August 11, 2008 meeting, where a recommendation of approval was made. The West A#lantic Redevelopment Coalition (WARC) considered the subject amendments at their August 13, 2008 meeting, where a recommendation of approval was made. First Reading by the City Commission is anticipated for the regular meeting of Wednesday, September 3, 2008, with Second Reading to occur at the City Commission meeting of Tuesday, September 16, 2008. Letters of objection and support, if any, will be presented at the meeting. ALTERNATII/E ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 30-08 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. C. Move a recommendation of denial to the City Commission of the amendments to the Land Development Regulations {LDRs) associated with Ordinance 30-08 by adopting the findings of fact and law contained in the staff repork and finding that the request is inconsistent with the Comprehensive Plan. (Motion to be phrased in the affirmative. See above.) ., REC4MMI~NDATiQN ~ . Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 30-08 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. Prepared by: Amy E, Alvarez, Historic Preservation Planner Attachments: • Proposed LDR Amendment Ordinance 30-08. 5 MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: August 29, 2008 SUBJECT: AGENDA ITEM 10.H. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 ORDINANCE 41-08 (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION Staff requests that this ordinance be postponed. This item had to remain on the September 3, 2008 agenda because it was advertised for this date; however, additional revisions to the ordinance are needed regarding temporary lighting before it comes forward for first reading. MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director Planning and Zoning THROUGH: Paul Dorling, AICP, Director Planning and Zoning DATE: August 28, 2008 SUBJECT: AGENDA ITEM 10.I. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 ORDINANCE 35-08 TREE TRUST FUND ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations to clarify the regulations governing the Tree Trust Fund. BACKGROUND The existing Tree Ordinance (LDR Section 4.6.19) includes mitigation provisions for tree removal for cases both with and without permits. Specifically, Sections 4.6.19(D) and 4.6.19(E) include mitigation for trees removed (without replacement), that is tied to the caliper inch size of the tree(s) removed. The mitigation/penalty is a monetary amount to be deposited into the Tree Trust Fund. While the method to determine the penalty is specified in the Tree Ordinance, reference must currently be made to the definition of Tree Trust Fund to find the penalty amount. This ordinance amends the sections of the Tree Ordinance to appropriately include and specify the fee amount and the method of calculation, and removes the monetary amount from the Tree Trust Fund definition. 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. 35-08 for aCity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE N0.35-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, SY AMENDING SECTION 4.6.19(D), "PRESERVATION AND PROMOTION OF EXISTING PLANT COMMUNITIES"; AMENDING SECTION 4.6.19(E), "TREE REMOVAL AND LAND CLEARING PERMITS", AMENDING APPENDIX "A", "DEFINITIONS", TO CLARIFY THE REGULATIONS GOVERNING THE TREE TRUST FUND; 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, siding as the Local Planning Agency, has determined that the change is consistent with and does further 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, SE IT ORDAINED SY 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 4.6.19, "Tree Ordinance", Subsection 4.6.19(D), "Preservation and Promotion of Existing Plant Communities" 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: (D) Preservation and Promotion of Existing Plant Communities: All existing native plant commuulities on sites proposed for development shall be preserved where possible through their incorporation into the required open space. Existing plant communities that are specified to remain shall be preserved to the greatest extent possible with trees, understory, and ground covers left intact and undisturbed, except for the eradication of prohibited plant species. In addition, stands of trees, with or without understory plantings shall also be preserved The following shall apply. (1) Tree Protection: During the Site Plan Approval process, a tree survey shall be required showing the location, diameter, species and condition of all trees with greater than a 4" diameter measured at 41/2 feet above grade. All development proposals shall protect existing trees on site to the fullest extent possible and shall illustrate on the site landscape all new development in relation to all trees on the site with a four inch (4") or greater tn~k diameter. (a) Trees which are to be preserved on a site shall be protected from damage during the construction process according to appropriate tree protection techniques. The "Tree Protection Manual for Builders and Developers" published by the Division of Forestry of the State of Florida, Department of Agriculture and Consumer Service, shall be the standard for determining the appropriateness of proposed techniques. --All trees which are to be preserved and do not survive shall be replaced by a tree of equal size or an equivalent number of trees based on trunk diameter. (2) Designation/Protection of Exceptional Specimen Trees: Where site or development plan approval is required, the approving board shall make the determination in conjunction with the Chief Building Official or his/her designee that a tree meets the designation criteria for an exceptional specimen tree. All development proposals shall protect existing trees to the fullest extent possible and shall illustrate on the site landscape plan all new development in relation to all existing exceptional specimen trees on the site. During the Site Plan Approval process, a tree survey shall be required showing the location, diameter, species and condition of all exceptional specimen trees. Every effort shall be made to incorporate exceptional specimen trees in the development plan on site without relocating them. If saving the tree in its existing location is not feasrble then the tree should be relocated on site. If saving such trees severely restricts the perrrntted use of the property, then the tree shall be allowed to be relocated off-site. Destruction of the tree(s) is the last option which maybe done upon issuance of a tree removal permit, after all other considerations have been exhausted (3) Substitution of Mature, Exceptional Specimen Trees/Specimen Trees for Required Parking: (a) The City may require or the applicant may request the substitution of existing, mature, healthy, exceptional specimen/specimen trees specimens for required parking spaces in instances where the following conditions are met: Such trees are of a hard~od and/or deciduous variety and a minimum of twenty-four inches (24") in diameter measured at four and a half feet (41 /2') above grade. 2. Such trees are free of disease and insects. 2 ORD. N0.35-08 3. Every effort has been made in planning and design of parking areas to accommodate such trees in the landscape islands as required by the Land Development Regulations. 4. Such trees are protected during construction as prescribed in the Land Development Regulations. (b) The applicant shall indicate on the site plan the location of all required parking spaces and indicate those spaces that will be eliminated in order to preserve trees. The amount of parking spaces permitted to be eliminated for any project shall be determined on a case by case basis. (c) The Historic Preservation Board (HPS) or Site Plan Review and Appearance Board (SPRAB), as appropriate, may approve such requests or require such preservation provided the conditions of this subsection are met. (d) A decision of HPS or SPRAB disapproving a request for or requiring tree preservation maybe appealed to the City Commission pursuant to LDR Section 2.4.7(E ). (e) All tree(s) which are to be preserved Linder this section and do not survive shall be replaced with the equivalent number of caliper inches or by a tree with a minimum of eighteen feet (18') in height and a ten foot (10') spread of canopy. Where the tree cannot be accommodated on a caliper inch per-inch basis, an in lieu of fee shall be deposited into the tree trust fund to make up the difference. The in lieu fee shall be calculated at one-hundred dollars ($100.00) per caliper inch for such difference. The Chief Building Official or his/her designee shall approve such replacements. Section 3. That Section 4.6.19, "Tree Ordinance", Subsection 4.6.19(E), "Tree Removal and Land Clearing Permits" 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: (E) Tree Removal and Land Clearing Permits: Tree and land clearing permits are required and are subject to the following. (1) Permit Reduired: It shall be unlawful for any person, without first obtaining a permit, to remove or cause to be removed or effectively remove through damaging any tree, in any zoning district including single family homes, with a diameter of four inches (4") or more being measured four and one-half (41/2') feet above grade and/or any exceptional specimen tree. (a) No land clearing or tree removal permit shall be issued for a properly Lentil the proposed development plan has received Site Plan Approval 3 ORD. N0.35-08 from the Planning & Zoning Departmealt. This process requires the submittal of a tree survey, indicating trees proposed to be removed, relocated on site, or remain in place on site. Any exceptional specimen trees must be identified on the tree survey required by Section 4.6.19(E)(2). Once the project has been approved by P & Z, and the Building permit applications, and attendant building permit fees have been paid the developer may obtain permits to begin tree removal and land clearing. (b) In the case of most single family homes, the P & Z process is not required, but the land clearing permit and/or tree removal permit will be reviewed along with the proposed building and landscape plans. Those single family homes that are located within Historic Districts or in the Beach Overlay District or are individually designated as historic must follow the planning and zoning process as provided in the Land Development Regulations The land clearing and tree removal permit will be issued with the entire permit package. (2) Permit Application Information Reduired: The following information and documentation must be provided with the tree removal or land clearing permit application: (a) A copy of the approved site landscape plan showing the location of proposed or existing driveways, parking and structures on the site. (b) A tree survey shall be required for all projects which are required to receive Planning & Zoning Departmealt approval. For single family homes and duplexes, a less formal plan, indicating the location of all trees with identification as to species, trunk diameter, and height can be substituted for a professional tree survey except for those single-family homes that are located within historic districts, in the Beach Overlay District or are individually designed as historic; these homes must provide a tree survey. (c) Designation of all diseased trees and any trees endangering any structures, roadways, pavement, utilities, and/or utility lines. (d) Designation of any trees proposed to be removed from the site, relocated on the site, or retained in their present location. (e) Any proposed grade changes which might adversely affect or endanger any trees on the site with specifications as to how to maintain such endangered trees. 4 ORD. N0.35-08 (3) Procedure: Upon acceptance of the application, the Chief Building Official, or designee, shall inspect the site and verify the information provided in the application and shall identify what measures must be taken with respect to tree protection, tree removal and erosion control Trees maybe removed if the following conditions exist. (a) The tree is located in the buildable area or yard area where a structure or improvements are to be placed and it unreasonably restricts the permitted use of the property; and the tree cannot be relocated on the site because of its condition, size, type, or age; (b) The tree is diseased injured in danger of falling, too close to existing or proposed structures, interferes with utility services, creates unsafe vision clearance, or deemed to be hazardous by the Chief Building Official or his/her designee. Observable physical damage to building foundations, driveways, and water and sewer lines shall also constitute a reasonable request for the removal of a tree. (4) Issuance of Permit: (a) Normal Issuance: Upon approval of the application by the Chief Building Official or his/her designee, and payment of the application fee, a permit shall be issued The permit shall require compliance with the conditions of approval, a copy of which shall be provided with the permit. The permit shall be valid for a period of 180 days. Permit applications that include tree removal must be submitted by a tree trimmer or arborist, licensed with the City of Delray Beach. Contractors licensed simply as a landscape contractor shall not remove trees. (b) Issuance for Single Family Units: On the property of single family residences, the owner may submit a land clearing or tree removal permit application to do the irk himself, providing the dwelling is owner occupied and providing that the extent of the work, in the opinion of the Chief Building Official, or his/her designee, can be done safely by the property owner. (c) Emergency Issuance: In the event that any tree shall be deternuned to be hazardous or in a condition so as to endanger the public health or safety, and require removal without delay, verbal authorization may be given by the Chief Building Official or designee and the tree may be removed prior to the issuance of a permit as herein required A permit shall be applied for 'after the fact' within seven (7) days of the verbal authorization and removal. 5 ORD. N0.35-08 (d) Hurricanes: During emergencies caused by hurricanes or other disaster, the City may suspend all or part of the land clearing and tree removal permit requirements for an indefinite period of time. Trees which Dave been uprooted, blown over and cannot be righted, or whose major branches are split or broken may be removed after a hurricane, for a period of sixty (60) days after the storm event without obtaining a permit from the City. Trees identified on a 'Landscape Plan of Record' will ultimately have to be replaced Residential uses shall have one year after the storm event for replacements and non residential uses shall have six (6) months to replace required trees and palms. (5) Imposition of Conditions: The permit shall set forth mitigation of adverse impacts, included in the 'conditions of approval' associated with removal or relocation as provided for in the following. (a) The tree may be required to be relocated to a suitable location on the site. Trees with a fifteen (15) inch caliper or less are expected to be relocated, if possrble. (b) All trees removed shall be replaced with one or more trees with the equivalent number of caliper inches with the direction of the Chief Building Official or his/her designee. (c) All replacement trees must be planted within sixty (60) days of the issuance of the permit, or within the guidelines established for tree replacements in connection with major storm events, unless a phasing plan has been approved by the City. (d) Where the properly cannot accommodate tree replacement on a caliper inch per-inch basis, an in lieu of fee shall be deposited into the Tree Trust Fund The in lieu fee shall be calculated at one-hundred dollars ($100.OO~per caliper inch Trees deternuned to be diseased, injured, in danger of falling, too close to existing or proposed structures, interfering with utility services, creating unsafe vision clearance, or deemed to be hazardous by the Chief Building Official or his/her designee, shall be exempt from replacement on a caliper inchper-inch basis and shall not be required to deposit the in lieu of fee into the Tree Trust Fund but the applicant shall be required to plant a tree with a minimum helve foot (12') height and six foot (6') spread of canopy. (6) Exceptions to Permit Requirements: 6 ORD. N0.35-08 (a) Tree Species Exceptions: The following tree species maybe removed without a permit fee as they are considered nuisance trees. A permit application is required however, to ensure the irk is being done by a licensed and insured tree trimmer. When these trees are indicated on the landscape plan of record, approval shall be conditioned upon their replacement. Australian Pine -Casuarina Species Brazilian Pepper - Schinus terebinthifolius Melaleuca - Melaleuca quinquenervia Carrot~od - Cupianopsis anacardioides E arleaf Acacia -Acacia auriculiforinis Scheffelera - Srassaia actinophylla Sischofia - Sischofia javanica (b) Location Exceptions: Removal permits shall not be required 1. On the properly of licensed tree nurseries; or 2. When work is done by the electric utility company within the cityright-of-way or on city property; or Within the rights-of-way of the Lake Worth Drainage District, as governed by the Interlocal Agreement with the City, approved in 2003; or 4. On city lands, rights-of-way and easements, the City shall have the right to plant, prime, maintain and remove trees as may be necessary to ensure public safety or preserve and enhance the beauty of public grounds. The City shall not have to obtain a tree removal permit to remove such trees. (7) Permit Fees: (a) Land Clearing & Tree Removal Permit Fees: Permit fees for Land Clearing Permits are based on the total number of acres. An additional fee is required for each tree removed Permit Fee amounts are provided in Section 2.4.3(k)(2) of the Land Development Regulations. (b) Permit Fee Waived: Where a tree has died due to natural causes, including disease, lethal yellowing, freezing, lightning or stornis, or if the tree is of a prohibited species, there shall be no permit fee, even though inspection and pemutting and replacement requirements shall be met. 7 ORD. N0.35-08 (8) Penalties: (a) Triple Fees: The penalty for failure to obtain a permit shall result in a triple-fee for each violation including each tree removed All trees removed shall be replaced with one or more trees with the equivalent number of caliper inches with the direction of the Chief Building Official or his/her designee. Where the property cannot accommodate tree replacement on a caliper inch per-inch basis, an in lieu fee shall be deposited into the Tree Trust Fund. The in lieu fee shall be calculated at one-hundred dollars ($100.OO~per caliper inch and be in addition to the triple permit fee penalty (b) Exceptional Specimen Trees: The penalty for removing a exceptional specimen tree shall be a five hundred dollar ($500.00) fine in addition to replacement of the historic tree with one or more trees with the equivalent number of caliper inches with the direction of the Chief Building Official or his/her designee. Where the property cannot accommodate tree replacement on a caliper inchper-inch basis, an in lieu fee shall be deposited into the Tree Trust Fund The in lieu fee shall be calculated at one-hundred dollars ($100.OO~per caliper inch and be in addition to the exceptional specimen tree removal penalty Section 4. That Appendix "A", "Definitions" 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 follow: TREE TRUST FUND An account established by the Cites Finance Departrr~ent into which in lieu funds for owners and/or developers who are Linable or un ' ' to comply with the tree or palm planting/replacement requirements of the Cites Land Development Regulations ma~eposit the in lieu funds. , .These funds shall be used to off-set the Cites costs for future trees and palms and tree trimming for parks and streetscapes. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed 8 ORD. N0.35-08 Section 7. 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 MAYO R City Clerk First Reading Second Reading 9 ORD. N0.35-08 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JULY 21, 2008 AGENDA NO: IV.E. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE CLARIFICATION AS IT RELATES TO THE REGULATIONS PERTAINING TO THE TREE TRUST FUND. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to "Appendix A, Definitions" of the Land Development Regulations (LDRs) to provide clarification as it relates to the regulations pertaining to the Tree Trust Fund. 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 The existing Tree Ordinance (LDR Section 4.6.19) includes mitigation provisions for tree removal for cases both with and without permits. Specifically, Sections 4.6.19(E)(5)(d) and 4.6.19(E)(8)(a) include mitigation for trees removed, without replacement, that is tied to the caliper inch size of the tree(s) removed. The mitigation/penalty is a monetary amount to be deposited into the Tree Trust Fund. While the method to determine the penalty is specified in the Tree Ordinance, it is not specified in the definition of Tree Trust Fund. This ordinance amends the definition of Tree Trust Fund to specify that the caliper inch measurement of the removed tree(s) is the factor used to determine the amount of the penalty/mitigation to be paid as an in-lieu fee into Tree Trust Fund. 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 areas of the Comprehensive Plan relate to this item, 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 -Tree Trust Fund ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Appendix "A", "Definitions", to provide clarification as it relates to the regulations pertaining to the tree trust fund, 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, Appendix "A", "Definitions", to provide clarification as it relates to the regulations pertaining to the tree trust fund, 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, Appendix "A", "Definitions", to provide clarification as it relates to the regulations pertaining to the tree trust fund, 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: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: August 26, 2008 SUBJECT: AGENDA ITEM 10.J. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 ORDINANCE N0.38-08 (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION The item before the City Commission is aCity-initiated amendment to LDR Sections 2.4.3(K), 2.4.4 (D), 2.4.4(E), and 2.4.4(F), to provide for the extension of approved development applications and associated extension request fees pursuant to LDR Section 2.4.5(M). BACKGROUND The subject amendments clarify the approval periods for Class I-V site development plans, site plan modifications, and conditional use requests. The amendments also establish approval periods for all Certificates of Appropriateness including modifications of previously unestablished Certificate of Appropriateness. Currently, Certificates of Appropriateness and Site Plan Modifications do not have a stipulated expiration date in the LDRs. The amendment also establishes a fee schedule for all extension requests which is similar to other fee categories and is approximately half the initial application fee. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on August 18, 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. 38-08 for City-initiated amendments to the Land Development Regulations (LDR) Sections 2.4.3(K), 2.4.4(D), 2.4.4(E), and 2.4.4(F), by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 38-08 AN ORDINANCE OF THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (K), "FEES", IN ORDER TO PROVIDE FEES FOR EXTENSION REQUESTS; AMENDING SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTIONS (D), "ESTABLISHMENT OF PROJECT APPROVALS", (E), "EXPIRATION OF APPROVALS", AND (F'), "EXTENSIONS", TO PROVIDE FOR EXTENSIONS OF TIME FOR CERTIFICATE OF APPROPRIATENESS; PROVIDING A SAVING CLAUSE, A GE NE RAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 18, 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 Plary 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 2.4.3, "Submission Requirements", Subsection (K), "Fees", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: 2.4.3(K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated Combined applications shall provide multiple fees. (lc) Extension requests for a previo conditional use or site plan approval 12 {#~ €ees-tee Class I Site Plan Modification $ 55 Class II Site Plan Modification $ 115 Class III Site Plan Modification $ 275 Class IV Site Plan Modification $ 430 Class V Site Plan $ 610 Conditional Use $ 750 Conditional Use Modification $ 305 Certificate of Appropriateness for Minor Development $ 30 Certificate of Appropriateness for Mai or Development $ 280 (q) Certificate of Appropriateness by Soard (14) Minor Development $ 60 (2) ,.r„t.,~~r,,,-,..,,,+;~r .,ra naa;~;~r„ Dior Development $ 555 (1) ~ ~~~ a~~~ (r) Certificate of Appropriateness by Staff $ 0 13 NOTES: (1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which may be applicable to the request. (5) Same fee that would apply for site plan modification (12) Two fees are required if both a Conditional Use and Site Plan or Site Plan Modification are being extended for one proT (13) There is no fee if the item is listed as an application permitted for Staff approval. (14) Certificates of Appropriateness not associated with a Site Plan, Site Plan Modification, and/or Conditional Use. Section 3. That Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsections (D), "Establishment of Project Approvals", (E ), "Expiration of Approvals", and (F'), "Extensions", of the Land Development Regulations of the City of Delray Seach, Florida, be and the same are hereby amended to read as follows: 2 ORD. N0.38-08 Section 2.4.4 General Procedures Pertaining to Approval of Land Use and Development A~nlications: The following provisions apply to various land development applications: (D) Establishment of Project Approvals: All approvals shall be considered established when i#~eets theme one of the following tests: (1) Improvements representing twenty--five percent (25%) of the total cost of all improverr~ents associated with the proTp~roval have been constructed (2) A certificate of occupancy has been issued for use of the property pursuant to the development approval. (E) Expiration of Approvals: (~)(1) Conditional Uses, Site Plans, Site Plan Modifications , "°~'~~}~~}--°~' 7"~~~, Preliminary Subdivision Plats: , All approval expiration dates for Conditional Use, Site Plan, Site Plan Modification and Preliminary Subdivision Plat shall be detemlined as follows: a) Anvrovals of Class IV and V Site Plans, Conditional Uses, and Maor Conditional Use Modifications shall be valid for a period of teen ,T four (24) months. Class I-III Site Plan Modifications and NTinor Conditional Use Modifications to an approved and established proiect, shall be considered a new approval and have an additional twee , -four 24) month approval period Class I-III Site Plan Modifications and Minor ORD. N0.38-08 Conditional Use Modifications to an approved vet unestablished proiect, shall be valid Lentil the expiration date for the original Site Plan and/or Conditional Use approval. {~(2) Certificates of Appropriateness: Certificates of Appropriateness approvals associated with a Site Plan, Site Plan Modification and/or Conditional Use application shall followtimelines provided in Section 2.4.4(E (1~ ). All approval expiration dates for Certificates of A Tpriateness not associated with a Site Plan, Site Plan Modification, or Conditional Use shall be detemlined as follows: (a) New Certificates of Appropriateness approvals or any revision as defined by Section 4.5.1(E (2) of an approved and established` JproT shall be valid for a period of teen , -foUY 24) months. An' lV 11( ll Vl revision, as defined by Section 4.5.1(E,Z(2), of an approved~t unestablished Certificate of Appropriateness, shall be considered a new aUnroval and have an additional teen , -four 24) month approval period Any minor revision, as defined by Section 4.5.1(E (2), of an aUnr~yet unestablished Certificate of Appropriateness shall be valid for the original Certificate of Appropriateness approval period (3) Extensions of approved applications may be granted pLirsuant to LDR Section 2.4.4 F {~~ , Relief from Parking Requirements, Waivers, Adjustments: ~ These approvals ° associated with a specific development application shall remain valid for the same period as said development application ~kes~ ado not run with the land nor are they transferable to another development proposal. {~4)~ Abandonments, Final Plats, Variances: ~~'~ ~~„~~ ~~'~~„~ °~~~~~ ,.,m .,,:+~, +~,,, (a) Once approved by the City Commission, the final plat must be recorded within eighteen (18) months. If the final plat is not recorded within eighteen (18) months, the approval expires. (b) A final plat may be vacated by action of the City Commission [See Section 2.4.5(L)]. (c) Abandonments, Final Plats, and Variances are final actions which rim with the land ORD. N0.38-08 (F) Extensions: Extensions maybe granted to a r~°1~t aunr~ listed under Sections 2.4.4(E) 1 and (2) pursuant to the following. (1) General: (a) A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; (b) The letter must set forth the basis and reason for the extension; (c) The extension shall be considered by the same body which granted the original approval; (d) The extension, if granted, shall be for eighteen months unless otherwise stated; (2) Construction has Commenced: When there are substantial improvements on the site but the 25% establishment standard is not met, the granting agency shall consider the diligence and good faith of the developer to actually commence and complete construction In this case, an extension to the originally approved project without change or without evaluation pursuant to subsection (3), which follows, shall be granted to enable the developer to complete the project as opposed to allowing a continuing approval in order to more readily sell the land and/or project. In considering "diligence and good faith", the granting body shall consider: ~ ~ When the construction commenced (construction which is commenced immediately preceding expiration generally indicates a lack of good faith); ~ ~b The extent to which construction has proceeded; ~ ~ The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward 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 5 ORD. N0.38-08 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 2008. ATTEST MAYOR City Clerk First Reading Second Reading 6 ORD. N0.38-08 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: AUGUST 18, 2008 AGENDA NO.: lV. H. AGENDA ITEM: ORDINANCE 3$-0$: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (K), "FEES", IN ORDER TO PROVIDE FEES FOR EXTENSfON REQUESTS; SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTIONS (D), "ESTABLISHMENT OF PROJECT APPROVALS", {E), "EXPIRATION OF APPROVALS", AND {F), "EXTENSIONS", TO PROVIDE FOR EXTENSIONS OF TIME FOR CERTIFICATE OF APPROPRIATENESS. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) Section 2.4.3(K}, Section 2.4.4(D), Section 2.4.4(E), and Section 2.4.40'), to provide for the extension of approved development applications and associated extension request fees pursuant to LDR Section 2.4.5{M}. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. DESCRIPTfON AND ANALYSIS The subject amendments clarify the approval periods for Class I-V site development plans, site plan modifications, and conditional use requests. The amendments also establish approval periods for all Certificates of Appropriateness including modifications of previously unestablished Certificate of Appropriateness. Currently, Certificates of Appropriateness and Site Plan Modifications do not have a stipulated expiration date in the LDRs. The amendment also establishes a fee schedule far all extension requests which is similar to other fee categories and is approximately half the ini#ial application fee. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. RECOfYIMENf3ED ACTION Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations {LDRs) associated with Ordinance 38-0$ by adopting the findings of fact and law contained in the staff report and Ending that the request is consistent with the Comprehensive Plan. Report Prepared By: Amy E. Alvarez, Hisforic Preservaflan Planner Atfachment: Ordinance 38-08 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 29, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 ORDINANCE N0.42-08 ITEM BEFORE COMMISSION This ordinance is before Commission for first reading to amend Chapter 52 "Water" of the Code of Ordinances by modifying Section 52.34, "Water Rates" to provide for changes in residential, nonresidential and irrigation rates for FY 2009. These new rates go into effect on October 1, 2008. BACKGROUND This ordinance proposes a 5% increase to customer, capacity, and commodity charges for customers in the City, and increases of 5% for customers outside of the City. Any recommended amendments to the rate increase will be reflected in the 2nd reading of Ordinance No. 42-08. RECOMMENDATION Recommend approval of Ordinance No. 42-08 on first reading. If passed, a public hearing will be scheduled for September 16, 2008. ORDINANCE NO. 42-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR CHANGES IN RATES FOR FY 2009; PROVIDING A GENER.AI_. REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of water services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 52, "Water", Section 52.34, "Water Rates", subsection 52.34(B), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (B) Monthly rates. The monthly rates (except for fire hydrants as set forth in Sec. 52.03) for water furnished by the water facilities or plant of the City to customers within and outside the corporate limits of the CitS~, which unless otherwise indicated shall include the appropriate customer charges, capacity charges, and commodity charges for all customers, are fixed as shown in the following schedule: Type of Customer Residential Customer charge (per meter) Inside City Outside City 2.94 3.68 Capacity charge (charged to all ~~ 12.78 ~ 15.97 customers, per residential dwelling unit) Residential Inside City Outside City Commodity charge (all metered consumption-per 1,000 gallons) Zero to 3,000 gallons 4~ 1.75 ~ 2.19 4,000 to 20,000 gallons 4~ 1.94 ~ 2.43 21,000 to 35,000 gallons ~ 2.14 ~ 2.68 36,000 to 50,000 gallons ~ 2.32 ~ 2.90 Above 50,000 gallons ~ 2.65 ~ 3.31 Nonresidential and Irrigation Customer charge (per meter) ~$9 2.94 ~ 3.68 Capacity charge (based upon meter size): 3/4-inch meter 4~~ 12.78 4 ~ 15.97 1-inch meter X9.39 21.32 ~~ 26.64 1-1/2-inch meter ~9 42.53 ~2 53.16 2-inch meter X4--84 68.08 S 4$3 85.10 3-inch meter ' ^~ 149.03 ,T,- ; .4T 186.28 4-inch meter 268.20 ~ '7' 335.25 6-inch meter ~4 596.02 ~~ 745.03 8-inch meter ~~ 1021.62 ~ 1277.02 10-inch meter 1617.64 ~ 2022.05 Commodity charge (all metered consumption-per 1,000 gallons) 1.94 ~ 2.43 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective on October 1, 2008. 2 ORD. NO. 42-08 PASSED AND ADOPTED in regular session on second and final reading on this 16`h da~~ of September, 2008. MAYOR ATTEST: CitS~ Clerk First Reading Second Reading ORD. NO. 42-08 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 27, 2008 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 ORDINANCE N0.43-08 ITEM BEFORE COMMISSION This ordinance is before Commission for first reading to amend Chapter 53 "Sanitary Sewers" of the Code of Ordinances by modifying Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge" to provide for changes in residential and nonresidential/commercial rates for FY 2009. These new rates go into effect on October 1, 2008. BACKGROUND This ordinance proposes a 15% increase in capacity and commodity charges. Any recommended amendments to the rate increase will be reflected in the 2nd reading of Ordinance No. 43-08. In addition, the ordinance includes the 21.6% rate increase approved by the South Central Regional Wastewater Treatment and Disposal Board for their charges. These increases are necessary to pay the cost of eliminating the discharge of treated sewage into the ocean and fully developing our reclaimed water system. The resulting rates will also more accurately reflect the cost of providing sewage collection and treatment. Our consultant has advised us that our water system has actually been subsidizing our sewer system in prior years. RECOMMENDATION Recommend approval of Ordinance No. 43-08 on first reading. If passed, a public hearing will be scheduled for September 16, 2008. ORDINANCE N0.43-08 AN ORDINANCE OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, SY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COM1ViERCIAL RATES FOR FY 2009; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of sewer services on a prorated basis. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", subsection 53.130(D), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (D) The following rates and charges shall be collected from the users of the City sewerage system: (1) Residential dwelling units. A monthly sanitary sewer service charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Residential Inside City Outside City (a) Capacity charge (per residential dv`elling unit): ~9 18.04 ~~ 22.55 (b) Commodity charge (based on metered water with maximum of 12,000 gallons): 2.20 ~ 2.75 (c) South Central Regional Wastewater Treatment and Disposal Soard (per 1,000 gallons) 8~ 1.192 ~ 1.49 NOTES: Where no water service is provided and the user is connected to the sanitary suer system, the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition to the capacity charges as set forth above. Where no water service is provided and the user is not connected to the sanitary sewer system, and sewer service is available for connection, there will be a capacity charge as set forth above. (2) Nonresidential/commercial units. A monthly sanitary setter service charge is imposed upon each commercial and nonresidential unit to which sanitary sewage service is available through the facilities afforded by the municipally--owned sewerage system, according to the following schedule: ORD. NO. 43-08 Nonresidential/Commercial Inside City Outside City (a) Capacity charge (per meter): 3/4-inch meter Y~:VJ 18.04 ~~ 22.55 1-inch meter ~7 30.10 3~~ 37.62 1-1 /2 inch meter 5~3 59.95 ~7 74.94 2-inch meter ~ 95.97 ~ n~ 119.96 3-inch meter 1 Q~ 210.14 ~~ 262.67 4-inch meter 9 378.12 498 472.65 6-inch meter ~4 840.35 Q1~ 1050.44 8-inch meter ~ 1441.74 ~ 1802.18 10-inch meter 10~ 2282.80 g 2853.50 (b) Commodity charge: 4~ 2.20 ~ 2.75 City per 1,000 gallons) (c)South Central Regional 8~ 1.192 4~3 1.49 Wastewater Treatment and Disposal Soard (per 1,000 gallons) NOTE (1): For those nonresidential/commercial units where water service is not available, and the user is connected to the sanitary sewer system or suer service is available, the capacity charge will be set forth above. The commodity charge shall be based on the average usage for the type of business or nonresidential use. (3) Sewerage flow determination The number of gallons of monthly sewerage flow for residential and nonresidential/commercial units shall be based upon the water usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a separate meter to measure the actual sewerage flow from the subject unit. A separate meter maybe used to measure actual sewerage flow for the calculation of charges only when the location, installation, and type of meter have been approved by the City Manager or his designee. (4) When effective. The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineer, and accepted by the City. ORD. NO. 43-08 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That this ordinance shall become effective on October 1, 2008. PASSED AND ADOPTED in regular session on second and final reading on this 16~ day of September, 2008. MAYOR ATTEST: City Clerk First Reading Second Reading ORD. NO. 43-08 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 29, 2008 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 ORDINANCE N0.44-08 ITEM BEFORE COMMISSION This ordinance is before Commission for first reading to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Regular Charges Levied" in accordance with the awarded contract to Waste Management, Inc. of Florida. BACKGROUND Garbage, recycling, yard trash, bulk trash, and commercial container fees are being amended. Waste collection charges are being increased for FY 2009. These rates go into effect October 1, 2008. RECOMMENDATION Recommend approval of Ordinance No. 44-08 on first reading. If passed, a public hearing will be scheduled for September 16, 2008. ORDINANCE NO. 44-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2009; PROVIDING A GENER.AI_. REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes) Curbside Rollout Carts Monthl Service Cost Per Unit Garba e Collection ~~ 6.14 Recyclin 4~ 2.50 Yard Trash ~ 2.50 Total Fees -Contractor $C~% 1$ 1.14 Cart Re lacement ~ 0.90 Administrative Fee ~ 0.35 Franchise Fee 1~°/~0 ~ 1.11 Total Fees $$:SA 1$ 3.50 Rear-door Owner Container Monthly Service Cost Per Unit Garba e Collection ~~ 16.14 Recyclin 4~ 2.50 Yard Trash ~ 2.50 Total Fees -Contractor ~4~2 21.14 Administrative Fee ~ 0.35 Franchise Fee 1~°/~0 ~ 2.11 Total Fees $~~ 2$ 3.60 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garba e/Trash Collection ~~ 4.14 Recyclin ~ 250 Yard Trash ~ 2.50 Total Fees -Contractor ~~ 9.14 Administrative Fee ~ 0.35 Franchise Fee 1~°~ &5$ 0.91 Total Fees $~A 1$ 0.40 ORD. NO. 44-08 (B) Multi-Family Service Multiple-family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple-family monthly fees shall be based on a per unit charge. These monthly rates assume two (2) pickups per week. If the amount of refuse generated requires more than two (2) pickups per week, then the third (3rd) and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. Collection & Hauling Rate Per Unit Monthl Service Monthl Cost Per Unit Refuse Collection a~`-~ 3.10 Recyclin ~ 2.50 Total Per Unit Fee-Contractor ~ 5.60 Administrative Fee &3-5 0.35 Franchise Fee (10%~ ~ 0.56 Total Monthly Fees Per Unit $6.51 (C) Commercial Service (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the CitS~ or its contractor. 3 ORD. NO. 44-08 (3) Containers emptied by mechanical means shall be provided by the City or its contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than seven days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: Commercial Rates (Monthly) Container Size Container Pickup Frequency (Per Week) Container Size Container Pickup Frequency (Per Week) 1 2 3 4 5 6 7 ...............................a....................... 2 Yard ~ ~ ~ 2~-~r .~-rJ~.-~3 Collection 47.63 95.26 142.89 190.52 238.15 285.78 333.41 Dis osal 4~8 ~ ~4 ~2 X49 ~8 49-7 20.35 40.70 61.05 81.40 101.76 122.11 142.46 Container Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 19.40 Total Contractor Fees am ~ ~ ~ ~-1-49 ~7 -8 87.38 155.36 223.34 291.32 359.31 427.29 495.27 Franchise Fee (10%~ 4~ ~ 4~8 4~:4C 4:34 4~2 ~9 8.74 15.54 22.33 29.13 35.93 42.73 49.53 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ~$ ~$r94 ~~ ~3 $9-93 ~4 43-4 96.47 171.25 246.02 320.80 395.59 470.37 545.15 3 Yard ~2~J'7T7 ~ ~ am ~7 ~~ Collection 71.45 142.89 214.34 285.78 357.23 428.67 500.12 Dis osal X442 454 ~6 ~8 ,~ 170.95 30.53 61.05 91.58 122.11 152.63 183.16 213.69 ORD. NO. 44-08 Container Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44 21.44 Total Contractor Fees ¢ ~-~9~9~ ~ ~ ar~42 4 ~2 123.42 225.38 327.36 429.33 531.30 633.27 735.25 Franchise Fee (10%~ ~ 4~9 4~9 4-942 ~4 ~9C~ ~8 12.34 22.54 32.74 42.93 53.13 63.33 73.53 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees X43 8 ~ ~8 ~ ~2 ~2~v~ 136.11 248.27 360.45 472.61 584.78 696.95 809.13 4 Yard ~ ~ 4 ~ ~ ~ Collection 95.26 190.52 285.78 381.04 476.30 571.56 666.82 Dis osal ~ 6~2 ~8 4~5 4~~ 4~7 X9-3 40.70 81.40 122.11 162.81 203.51 244.21 284.91 Container Maintenance Fee 22.21 22.21 22.21 22.21 22.21 22.21 22.21 Total Contractor Fees 0 ~9 ~ ~ ~2~i'v:iv ~2 am 158.17 294.13 430.10 566.06 702.02 837.98 973.94 Franchise Fees (10%~ ~ 4~4 4-59 ~ ~ ~8 ~4 15.82 29.41 43.01 56.61 70.20 83.80 97.39 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees 3 ~ -4-8~ ~~ ~2~JT7~SJ ~"9 ~"~ 174.34 323.89 473.46 623.02 772.57 922.13 1,071.68 6 Yard ~ 2~ 5-93 ~7 ~ ~~ s.~-2~-2--r.38 X84 Collection 142.89 285.78 428.67 571.56 714.45 857.34 1.000.23 Dis osal ~$4 ~8 ~^~ X3.$3 z^ 61.05 122.11 183.16 244.21 305.27 366.32 427.37 Container Maintenance Fee 25.53 25.53 25.53 25.53 25.53 25.53 25.53 ORD. NO. 44-08 Total Contractor Fees ~2 ~8 3 ~2 am ~ ~~ 229.47 433.42 637.36 841.30 1,045.25 1,249.19 1,453.13 Franchise Fee (10%) 44~~ 4~3 x-47 ~~ 4~ ~g ~r3.-~3 22.95 43.34 63.74 84.13 104.53 124.92 145.31 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ~8 8-45 ~2~JZJ~J X48$-~5 ~ 9$-Fr2 ~'' 252.77 477.11 701.45 925.78 1,150.13 1,374.46 1,598.79 8 Yard ¢ ~ ~2A9-~6 9-~ ~ 2y~JC7~ ~ J7 ~ 2y~SJ~'T~ Collection 190.52 381.04 571.56 762.08 952.60 1.143.12 1.333.64 Dis osal ~ 4~3 g 4 81.40 162.81 244.21 325.62 407.02 488.42 569.83 Container Maintenance Fee 27.09 27.09 27.09 27.09 27.09 27.09 27.09 Total Contractor Fees ~7 ~ ~2 4 ~ ~2 X3-49 299.01 570.94 842.86 1.114.79 1.386.71 1.658.63 1.930.56 Franchise Fee (10%~ 4~3 ~ ~ ~8 X9:39 ~2 ~4 29.90 57.09 84.29 111.48 138.67 165.86 193.06 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ~ ~$ ~"7 arm ~g gg~~. $~ 329.26 628.38 927.50 1,226.62 1,525.73 1,824.84 2,123.97 Commercial Front-Load Compacting Containers Pickups Per Week 1 2 3 4 2 Yard Collection ~ 59.57 ORD. NO. 44-08 Dis osal ~8 76.35 Total Contractor Fee 9 135.92 Franchise Fee (10%~ 13.59 Administrative Fee 0.35 Total Fee ~ 149.86 3 Yard Collection ~5$-~ 178.64 Dis osal g 228.98 Total Contractor Fee ~6 407.62 Franchise Fee 10% ~8 40.76 Administrative Fee 0.35 Total Fee ~'" 448.73 5 Yard Collection am -4~Fr.~5 148.83 446.55 Dis osal 4~2 ~~ 190.77 572.39 Total Contractor Fees ~ 6 339.60 1018.94 Franchise Fee (10%~ ~4 ~4 7 ORD. NO. 44-08 33.96 101.89 Administrative Fee 0.35 0.35 Total Fees ~~ ~ 373.91 1,121.18 6 Yard Collection ~~ 714.45 Dis osal 915.80 Total Contractor Fees ~~ 1.630.25 Franchise Fee 10% ~Fr9 163.03 Administrative Fee 0.35 Total Fee ~8 17$ 93.63 Commercial/Mufti-Family Rolloff Containers: Open-top rolloff container ~9 225.00 per pickup plus disposal cost Compactors ~9 225.00 per pickup plus disposal cost; PLUS monthly container rental 15 Yard X250.00 20 Yard X295.00 30 Yard X345.00 40 Yard X395.00 Excludes commercial recycling containers and construction/demolition debris. 8 ORD. NO. 44-08 Commercial 95-Gallon Cart Service Pickups Per Week 1 2 3 4 5 6 Collection ~3-.-9Fi 4 9 ~ ~ 3 25.00 50.00 75.00 100.00 125.00 150.00 Dis osal $~-4 4~8 X442 ~ ~9 ~$4 10.18 20.35 30.53 40.70 50.88 61.05 Container Maintenance Fee 2.00 2.00 2.00 2.00 2.00 2.00 Total Contractor Fees ~9 X4-42 ~2 am 9~ X9-3 37.18 72.35 107.53 142.70 177.88 213.05 Franchise Fee (10%~ 4~ X4-4 ~ 4~ 3.72 7.24 10.75 14.27 17.79 21.31 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees 7 ~ ~2~J7-J2 arr~ ~'' 7 41.24 79.94 118.63 157.32 196.02 234.71 NOTE: The foregoing rates are based on ~~9 35.00 per ton (~4~ 2.35 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 207 2008. Waste Management currently picks up individual thirty-gallon cans along Atlantic Avenue, the beach area, and Pineapple Grove. Out of a total of one hundred four (104) containers, eighty-four (84) do not have property control numbers and, therefore, the City is not charged for disposal costs by the Solid Waste Authority. Waste Management, by contract, does not charge the CitS~ for collection costs but should be paid for their disposal costs. Since the Solid Waste Authority does not reimburse Waste Management for these disposal costs, it should be the responsibility of the City to reimburse them. The City will be billed f~~~39-~£} nine thousand two hundred thirt<~ eight dollars and thirt<~ two cents (,59.238.32 annually which will be computed as follows: Eighty-four (84) thirty-gallon containers picked up six (6) times per week 9 ORD. NO. 44-08 ""-~-~~-;- „:D~.~ Thirty five dollars X99} 35.00 per ton disposal rate charge by SWA = n~~ ,~~"~° ~;,~~.~-- ~;,~~.~ ~~~~~ ~ar~ 44` Two dollar thirty five cents (52.35 per cubic yard Thirty-gallon container = .15 cubic yards Eighty-four (84) containers x .15 cubic yards x six (6) pick ups per week xfifty-two (52) weeks x ~= ~'~"~° ~~~'~`-- ~~~'~` two dollar thirty five cents 02.35) _ --D --J --D -- nine thousand two hundred thir ~ eight dollars and thirty two cents (59,238.32) Waste Management will be picking up trash at the newly installed bus shelters. The City will be billed X31,000. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective on October 1, 2008. PASSED AND ADOPTED in regular session on second and final reading on this 16`h day of September, 2008. MAYOR ATTEST: City Clerk First Reading Second Reading 10 ORD. NO. 44-08 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: August 26, 2008 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 ORDINANCE 45-08 ITEM BEFORE COMMISSION This item before the Commission is Ordinance 45-08 which amends Section 92.33 of the City Code regarding the dockage rates at the City Marina. BACKGROUND Ordinance 45-08 provides that a fee for the application process to obtain a dock at the City Marina as well as a fee for daily docking at the Marina may be charged by the City. The proposed fees will come before you at your September 16, 2008 Commission meeting. It is anticipated that an initial application fee of $50.00 will be charged with an annual renewal fee of $10.00 for those people who wish to remain on the waiting list. The daily docking fee is anticipated to be $60.00 per night plus tax. The Ordinance removes the fee distinction between a live aboard vessel and anon-live aboard vessel, where every vessel using the Marina will be charged one rate. The Ordinance also allows the Commission to impose additional fees in the future, if it so wishes. RECOMMENDATION Staff recommends approval of Ordinance 45-08. ORDINANCE N0.45-08 and AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 92.33, "DOCKAGE RATES", TO PROVIDE FOR A CHANGE IN THE RATE STRUCTURE AND THE ADDITION OF CERTAIN FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City sets the dockage rates to be charged for the City Marina; WHEREAS, the City desires to amend the rate structure for the Marina and to implement certain application fees and daily docking fees. 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 Chapter 92, "Boats and Boating", is amended by amending Subsection 92.33, "Dockage Rates", to read as follows: Sec. 92.33. DOCKAGE RATES AND FEES. The dockage rates ~ and fees pertaining to the Marina shall be set by the City Commission and a copy of the current rates may be found in the City Clerk's Office and the Parks and Recreation Director's Office. These rates and fees may be changed from time to time as determined by the City Commission. The minimum amount charged for dockage shall be the fee for athirty-five-foot ~~~ '~~~~ ~~~~r~ boat if a boat is not currently specified on the license agreement or if a boat is listed on the license agreement and is less than thirty-five (35) feet in length. . Additional fees, including but not limited to application fees and daily docking fees, may be imposed by the City (~' nm m i eci nn 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 , 200 ATTEST: MAYOR City Clerk First Reading Second Readi 2