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Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). J. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appointment one (11 regular member to the Delray Beach Housing Authority to serve a four ~) vear term ending .Tuly 14, 2012. Based on the rotation system, the recommendation appointment will be made by Commissioner Fetzer (Seat #2). K. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one ~) regular member to the Police Advisory Board to serve an unexpired term ending December 13, 2008. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). L. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint four (4) regular members to the Downtown Development Authority (DDA) to serve three ~) vear terms ending .Tuly 1, 2011. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2~, Commissioner McDuffie (Seat #3~, Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5~ M. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE: Appoint two ~) regular members to the Affordable Housing Advisory Committee to serve two (2~ year terms ending .Tune 17, 2010. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1). N. APPOINTMENT TO THE GREEN TASK FORCE: Appoint one ~) regular member to the Green Task Force to serve an unexpired term ending August 27, 2008. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). O. STATUS REPORT AND DIRECTION/OLD SCHOOL SQUARE GARAGE RETAIL SPACE: Consider a status report and provide direction regarding a draft Purchase and Sale Agreement for the Old School Square Garage Retail Space.(ADDENDUM~ 10. PUBLIC HEARINGS: A. NONE 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. 28-08: Privately initiated amendments to the Land Development Regulations (LDR~, by amending Section 2.2.6(D~, "Duties, Powers, And Responsibilities", Section 4.5.1(,1), "Historic Preservation Board To Act On Variance Requests", to provide that appeals of decisions of the Historic Preservation Board regarding variances shall be to the City Commission. If passed, a public hearing will be scheduled for .Tuly 15, 2008 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission JUNE 3, 2008 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, June 3, 2008. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Absent - David T. Harden, City Manager Also present were - Robert A. Barcinski, Acting City Manager Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Brian Shutt, Assistant City Attorney Lanelda D. Gaskins, Acting Deputy City Clerk 2. The opening prayer was delivered by Reverend Nancy Norman with Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis stated there is revised information for Item 8.F., Contract Closeout (C.O. No. 1/FINAL1Brang Construction, Inc.Bexlev Trail Community Park Improvements Proiect and Item 8.M., Request to Change Commission MeetingBudget Hearing Dates. She stated there is additional information for Item 9.B., Consideration of Special Action Request/Office Depot/CVS Pharmacy Buildings and additional information for Item 9.L, Appointment to the Code Enforcement Board. Also, Mayor Ellis stated there is additional information in the letter from Attorney Michael Weiner for Item 10.B., Ordinance No. 24-08 (First Reading/First Public Hearing). Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 06/03/08 5. APPROVAL OF MINUTES: Mr. McDuffie moved to approve the Minutes of the Regular City Commission Meeting of May 20, 2008, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Reco~nizin~ Israel Scout "Tzofim" Friendship Caravan Golan Mayor Ellis read and presented a proclamation hereby recognizing and commending Israel Scout "Tzofim" Friendship Caravan Golan for helping to spread the message of peace, friendship and brotherhood through their performances. Caravan Golan, Caravan Ramos, Caravan Meron and Shelly Weil came forward to accept the proclamation. Mr. Weil also gave a few brief comments. 6.B. National Clean Beaches Week -June 30 -July 6, 2008 Mayor Ellis noted that this proclamation will be mailed. 7. PRESENTATIONS: 7.A. My Safe Florida Home Program Presentation Jeremy Baker, Program Manager from the Florida Association for Volunteer Action in the Caribbean and the Americas was not present. Therefore, Mayor Ellis suggested that this be scheduled for a later meeting. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/124 S.W. Stn AVENUE: Approve and accept aright-of--way deed between the City and Lorenzo and Priscilla Miller, for the property located at 124 S.W. 5th Avenue. 8.B. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/355 S.E. Stn AVENUE: Approve and accept aright-of--way deed between the City and Rita Dew, for property located at 355 S.E. 5th Avenue. 8.C. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/1215 N.E. Stn AVENUE: Approve and accept aright-of--way deed between the City and Vladmir Runtov, for property located at 1215 N.E. 8th Avenue. 8.D. ACCEPTANCE OF EASEMENT DEED/PEDIATRICS BY THE SEA: Approve and accept an easement deed for the installation of a sidewalk associated with Class IV site plan modification for Pediatrics by the Sea, located at the northeast corner of S.E. 5th Avenue and S.E. 3rd Street. -2- 06/03/08 8.E. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/CATALFUMO CONSTRUCTION LTD./OLD SCHOOL SQUARE PARKING GARAGE PROJECT: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of $7,360,881.18 decrease and final payment in the amount of $101,688.19 to Catalfumo Construction Ltd. for the completion of the Old School Square Parking Garage Project. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Improvements Other/Old School Square Parking Garage). 8.F. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)BRANG CONSTRUCTION, INC.BEXLEY TRAIL COMMUNITY PARK IMPROVEMENTS PROJECT: Approve a Contract Closeout (C.O. No. 1/Final) in the amount of $29,898.00 decrease and final payment in the amount of $33,424.82 to Brang Construction, Inc. for the completion of the Bexley Trail Community Park Improvements Project. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Improvements OtherBexley Park). 8.G. SERVICE AUTHORIZATION NO. 07-06/MATHEWS CONSULTING, INC./S.W. 12t AVENUE ALLEYS -PHASE L• Approve Service Authorization No. 07-06 in the amount of $97,655.00 to Mathews Consulting, Inc. for preparation of plans and bid documents for the construction of seven alleys and drainage improvements along S.W. 12th Avenue. Funding is available from 334-3162-541-68.49 (General Construction Fund/Other Improvement/S.W. 12th/Auburn Alley Improvement). 8.H. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DECORATIVE STREET LIGHTS: Approve an Interlocal Agreement between the City and Palm Beach County for reimbursement in an amount not to exceed $100,000.00 to cover documented costs of improvements associated with the installation of decorative street lights along Martin Luther King Jr. (MLK) Drive/N.W. 2"d Street from N.W. 4th Avenue to N.W. 5th Avenue. 8.I. RESOLUTION NO. 17-08/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD)/20 YEAR WATER SUPPLY PLAN: Approve and adopt Resolution No. 17-08 committing to the Lower East Coast Regional Water Supply Plan as adopted by the South Florida Water Management District. The caption of Resolution No. 17-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, COMMITTING TO THE LOWER EAST COAST REGIONAL WATER SUPPLY PLAN AS ADOPTED BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT. (The official copy of Resolution No. 17-08 is on file in the City Clerk's office). -3- 06/03/08 8_J. AMENDMENT NO. 1 TO THE AGREEMENT/ARTIST FOR ATLANTIC BRIDGE UNDERPASS PROJECT: Approve Amendment No. 1 to the agreement between the City and artist, Michiko Kurisu to increase funding in the amount of $20,020.00 for the Atlantic Avenue Bridge Underpass at Veteran's Park Project. Funding is available from 115-1702-579-31.90 (Special Projects Fund/Professional Services/Other Professional Services). 8.K CALL TO ARTISTS/DEL IDA COMMUNITY PARK: Consider approval of a request to allow the Public Art Advisory Board to advertise a call to artists "Landscaping Artist in Residency Project" in the Del Ida Community Park. Funding is available from 115-1702-579-31.90 (Special Projects Fund/Professional Services/Other Professional Services). 8.L. RESOLUTION NO. 18-08/AFFORDABLE HOUSING ADVISORY COMMITTEE: Approve and adopt Resolution No. 18-08 amending Resolution No. 12- 08, which created an Affordable Housing Advisory Committee in order to provide broader membership eligibility. The caption of Resolution No. 18-08 is as follows: office). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION 12-08, WHICH CREATED AN AFFORDABLE HOUSING ADVISORY COMMITTEE IN ORDER TO PROVIDE BROADER MEMBERSHIP; PROVIDING AN EFFECTNE DATE. (The official copy of Resolution No. 18-08 is on file in the City Clerk's 8.M. REQUEST TO CHANGE BUDGET HEARING DATES: Approve and authorize staff to change the two (2) budget hearing dates to September 3, 2008 and September 16, 2008. 8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 19, 2008 through May 30, 2008. 8.0. AWARD OF BIDS AND CONTRACTS: 1. Contract award to H & J Contracting, Inc. in the amount of $139,500.00 for excavating and expanding the existing pond near the 14th tee on Lakeview Golf Course. Funding is available from 441-5181-536-65.96 (Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission). -4- 06/03/08 2. Purchase award to Vermeer Southeast Sales in the amount of $19,722.00 for the purchase of one (1) Yanmar Excavator, model VIO-17 for the Parks and Recreation Department. Funding is available from 119-4144-572-64.90 (Beautification Trust Fund/Machinery Equipment/Other Machinery/Equipment). 3. Purchase award to Wal-Mart in the amount of $29,989.20 for the purchase of 670 Evenflo Discovery Infant Car Seats for the Child Passenger Safety Program. Funding is available from 001-2315- 526-52.20 (General Fund/Operating Supplies/General Operating Supplies). Mrs. Montague moved to approve the Consent Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; NIr. Eliopoulos -Yes; Mr. Fetzer -Yes; NIr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 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 request 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) (APPLICANT HAS' REO VESTED POSTPONEMENT TO AUGUST 5, 2008 REGULAR MEETING). The City Attorney stated there has been a request by the applicant to postpone this item until the Regular City Commission Meeting of August 5, 2008. She stated this is the appeal of a Historic Preservation Board (HPB) decision regarding a COA, site plan, and waivers for the property located at 36 S.E. 1st Avenue. Mr. Fetzer moved to postpone to August 5, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9.B. CONSIDERATION OF SPECIAL ACTION REQUEST/OFFICE DEPOT/CVS PHARMACY BUILDINGS: Consider a request for consideration to reduce the parking spaces required pursuant to Land Development Regulations (LDR) Section 4.6.9(C)(3)(A), "Requirements for Commercial Uses", by 56 spaces (from the 155 parking spaces required to the 99 spaces provided), for the Office Depot -CVS Buildings located at 700 N.E. 6th Avenue. (Quasi-Judicial Hearing) 9.C. WAIVER REQUESTS/OFFICE DEPOT/CVS PHARMACY BUILDINGS DEVELOPMENT PROPOSAL: Consider three (3) waiver requests to waive Land Development Regulations (LDR) Sections 4.6.14(A)(1) and (2), "Visibility at Intersections", to reduce the required visibility triangle on the south side of the -5- 06/03/08 intersection of the driveway to N.E. 5th Avenue from 20' to 15'; and to reduce the required visibility triangles at the intersections of N.E. 5th Avenue and N.E. 8th Street and at N.E. 6th Avenue and N.E. 7th Street from 40' to 30'. (Quasi-Judicial Hearing) The City Attorney stated if it is okay with the applicant and their representative, she suggested that Item 9.B. and Item 9.C. be combined and have one hearing but separate votes. Attorney Michael Weiner stated the applicant concurs with one hearing and separate votes. Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. McDuffie stated he had a brief conversation with Attorney Michael Weiner about the attributes of the project. Mrs. Montague stated she spoke with Attorney Michael Weiner and received an email from the homeowners association La Hacienda. Mayor Ellis stated she spoke with Attorney Michael Weiner and received six emails from various parties and they have been forwarded to the City Clerk and spoke with an employee of Office Depot. Mr. Eliopoulos stated he spoke to Attorney Michael Weiner and received approximately six emails which he entered into the record. Mr. Fetzer stated he spoke with Attorney Michael Weiner, Attorney Bonnie Miskel and emails he will forward to the City Clerk. Mark McDonnell, Assistant Director of Planning and Zoning, stated this is reconsideration of the appeal of SPRAB's approval associated with the Office Depot and CVS building. This a 2.32 acre parcel located between the Federal Highway pairs between George Bush Boulevard and N.E. 7th Street. At its meeting of February 22, 2008, the Site Plan Review and Appearance Board (SPRAB) reviewed and approved a Class V site plan, landscape plan, and architectural elevations associated with this project for the Office Depot and CVS Pharmacy. The Board approved an accompanying special action request to reduce the required parking spaces by 62 spaces (from 155 parking spaces required to the 93 parking spaces provided), based on receipt and acceptance of special documentation that demonstrated a reduced number of parking spaces would accommodate these specific uses. At its meeting of March 3, 2008, the Site Plan Review and Appearance Board's action was appealed by the City Commission. On April 15, 2008, the City Commission voted to reconsider its granting of the appeal after remanding the matter back to the Site Plan Review and Appearance Board for further review. Since that appeal by the City Commission the applicant has provided additional information which provides for the installation of six (6) new parking creditable parking spaces along N.E. 7th Street as well as utilization and improvement of twenty (20) spaces which exist (although they are not delineated) on the west side of southbound Federal Highway (5th -6- 06/03/08 Avenue). At its meeting of April 23, 2008, the Site Plan Review and Appearance Board, at the request of the City Commission, reconsidered and approved a special action request to reduce the number of parking spaces by 56 spaces (from 155 parking spaces required to the 99 parking spaces provided), and also re-approved the Class V site plan subject to conditions that are listed in the Planning and Zoning staff report. SPRAB also postponed the landscape plan and architectural elevations associated with the construction of the project and gave direction to the applicant to resubmit the landscape plan, photometric plan, and architectural elevations for separate approvals. At its meeting of May 28, 2008, SPRAB denied the request for the elevations and did not act on the revised photometric plan. The applicant has indicated its intent to proceed with the previously approved February 20th of the original architectural elevations at this point. Staff recommends approval of the reduction subject to the six (6) conditions listed in the Planning and Zoning staff report in addition to the paragraph listed after the six (6) conditions. Mr. McDonnell entered the Planning and Zoning Department project file #2008-017 into the record. Mr. McDonnell presented the site visibility waiver requests for the same project. He stated we are looking at one-way streets (north and southbound Federal Highway) and those are the essence of the request for the site visibility reductions that are being requested. When you have two public streets that intersect there is a 40 foot site visibility triangle and when you have a driveway that intersects a public street you have a 20 foot visibility triangle. The site visibility triangles that are being requested for reduction go from 20 feet to 15 feet for the driveway on 5th Avenue and the reduction is on the south side where traffic is not coming from. He stated there are pedestrians and cyclists on their bicycles but they move at a much slower rate of speed so there is not a concern with regards to safety for that request. Also, the request for the 40 foot reductions is to go down to 30 feet supportable for the same reasons. The minimal reduction that is being requested is supportable given that the only traffic would perhaps be a pedestrian or someone on a bicycle. In each case, Mr. McDonnell stated the areas that require the requested waivers are not needed to check for oncoming traffic since traffic flows one way from the opposite direction. As no traffic will be approaching from each of these directions relief would be appropriate and supportable. At its meeting of February 27, 2008, the Site Plan Review and Appearance Board reviewed this in conjunction with the site plan and after a brief discussion the Board recommended approval of each of the waivers with a vote of 4 to 0. Staff recommends that the Commission move to approve the request to reduce the 20 foot site visibility triangle to 15 feet and the 40 foot required site visibility triangle down to 30 feet. Michael Weiner, Attorney with Weiner and Aronson, 10 S.E. 1St Avenue, Delray Beach (represents 700-707 North Florida Limited Partnership which is the present owner and Centres, Inc. the developer), stated the waivers are being considered for a project immediately south of George Bush Boulevard between the Federal Highway one-way pairs. He stated the City Commission would be granting a -7- 06/03/08 variance as to a parking reduction and a variance as to site triangles. Mr. Weiner stated this has been before the City Commission and other Boards on a number of different occasions. He stated every time they return the developer has attempted to modify the plan in order to allay any concerns and to address any comments that the staff may have. Mr. Weiner referred to Tab #1 and noted that there is a new site plan and there are no exits on George Bush Boulevard. He stated they keep reducing the request for the number of waivers and the different kinds of waivers and they have actually made the parking requests smaller (down from 62 to 56). Mr. Weiner stated waivers are set forth in the City's Code in order to facilitate projects not to terminate projects. He stated the standards are set forth in LDR Section 2.4.7(B)(5) and call for four (4) different findings: (1) shall not adversely affect the neighboring area, (2) shall not significantly diminish the provision of public facilities, (3) shall not create an unsafe situation, and (4) does not result in a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Mr. Weiner stated the use as a pharmacy and an office supply furniture showroom is well served by 99 spaces and with respect to the pharmacy a little over 9,000 square feet is going to be dedicated to sales area. He stated there are waiting rooms, restrooms, employee break rooms, stock rooms, and photo labs which take away from the space that is actually retail sales. Mr. Weiner stated while the building is 15,600 square feet it is not the kind of retail that one would see if talking about a mall (i.e. high use retail). He stated the ingress and egress has been designed for the lowest possible traffic interference and this is why they got rid of the George Bush Boulevard exit and that was eliminated. Mr. Weiner stated the conditions call for constructing 20 on-street parking spaces and noted there is a quirk in the Code and they cannot really count them and that is thus the reason for the number 56 but it really should be 36. Mr. Weiner stated that one of the studies stated to use 30-40% of the parking area and the other study states that you need 76 spaces. Mr. Weiner stated they are providing 99 spaces which are 80% of the larger requirements but are really asking fora 20% reduction (36 spaces less than 155). He stated all the information says they have plenty of spaces in excess of what is used for banks, pharmacies, and for Office Depot in excess of what the ITE generation numbers say would be used for uses like this. He stated staff, SPRAB (on two occasions), and the developer all agree that this does not create an unsafe situation. With regard to the fourth criteria, Mr. Weiner stated to ensure that this cannot become a special privilege one of the conditions is a covenant so if the uses change the parking waivers are no longer applicable and is not a special privilege. He stated the City Commission has granted parking reductions before (Seagate Beach Club and The Village of Delray). Mr. Weiner briefly reviewed the analysis of the site triangles. Art Taylor, 8911 Oakland Hill Drive, Delray Beach, stated he was the owner of the Chrysler Dealership since 1985. He stated this property has been automotive use since the mid 1940's and two years ago there was a change from auto zoning to CBD (Central Business District) mixed use. Mr. Taylor stated other land owners at that time requested to remain with existing zoning and he chose to become CBD because he felt it was beneficial for the entire City. He stated there has been very little change on Federal Highway in the last 8-10 years other than the Publix shopping -8- 06/03/08 center that was built approximately 5-6 years ago. Mr. Taylor stated the demand for the CBD property has been all but non-existent in the last 2 '/z years and he feels there is little likelihood right now that there will be a change. He stated it is his understanding that there are current projects that have been approved and put on hold. Mr. Taylor stated there are currently about 50 "For Sale" or "For Rent" signs on Federal Highway between Linton Boulevard and George Bush Boulevard. He stated they have spent 17 months talking with City staff, attended 8 public hearings, there has been numerous changes made to the project plan trying to conform with what the City would like. The existing buildings will in all likelihood convert to anon-conforming auto use if this is not approved. Mr. Taylor stated he believes the approval of the CVS and the Office Depot in the 700 block location would be beneficial to the City and would also act as a catalyst for future positive changes at the north end of Federal Highway. George Kleier, Senior Vice President of Centres, Incorporated (Miami, FL), stated he has developed approximately 60 drug stores in the State of Florida in-house with Eckerd Drug and also CVS Pharmacy. He stated they constantly have to blend the needs of the retailers with the City's expectations. Mr. Kleier stated for ten years he has targeted this property and jumped at this opportunity knowing that they would have to come before the City and do things that are beyond what the normal "cookie cutter" developments are doing in the west. Mr. Kleier stated they wanted something that was appealing and attractive for the City and stated staff has been very supportive in their efforts as well as SPRAB. He stated the only objection from the City Commission was the exit out to George Bush Boulevard and hopefully corrected any safety concerns. He feels that they have not only created a retail development but have created something that is in the goal and vision of the City of Delray Beach. Mr. Weiner stated having furnished substantial competent evidence regarding these waivers they respectfully ask that the City Commission vote in favor of these waivers. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the requests, to please come forward at this time. Pauline Moody, 609 S.W. 8t'' Avenue, Delrav Beach (lived in Delrav Beach for 36 years), stated she is against this project being built in this area. She stated the area is not that big and expressed concern over the people who live in this area. Ms. Moody stated the reason for no movement in real estate is because there is no money right now and property taxes increased for many people. She does not feel this is fair to come in and build an Office Depot and a CVS Pharmacy and it is not needed. Ms. Moody stated right now we are in hurricane season and feels the City does not need to worry about building something again because the developers do not clean up the roadway after themselves. -9- 06/03/08 McCall Credle-Rosenthal, 817 Lake Avenue North, Delrav Beach (President of the La Hacienda Neighborhood), stated there is not enough business in that area to justify an additional Office Depot. She stated the Office Depot is in direct competition of the existing one within one mile. One mile away there is Linton Boulevard with Office Depot with an entranceway into the City and on the other end of this proposed project they are proposing another Office Depot. She feels this is sending the wrong message that we have Office Depot's in the entrance of the City not to mention the fact that they want to put a CVS Pharmacy as well. She stated next to the Publix is a Walgreens which would be in direct competition with the existing Walgreens. In addition, she stated on Atlantic Avenue there is Hand's Office Supply and Huber's which have been in business since the 1930's. She suggested that Mr. Taylor approach someone like Whole Foods or Barnes and Noble then everyone would be excited. She stated many people are against this prof ect and urged the Commission to not support it. David Cook, 901 S.W. 35t'' Place, Boynton Beach (owns Hand's Office Supply, 325 East Atlantic Avenue, Delrav Beach), opposes the consideration of a reduction waiver because they are still short 56 parking spaces (36% of what they need). He feels this is a very detrimental precedent to set for the future. Mr. Cook stated the two stores proposed (Office Depot and CVS) are far from what the town needs at this time. He stated within seven miles there are seven big box office supply stores and numerous pharmacies. Mr. Cook stated there are enough of these type stores to meet the demand at this time. He stated he did not realize the highway study was already approved. Alice Finst, 707 Place Tavant, Delrav Beach, stated that City presentation guidelines require that overhead or PowerPoint presentations be made and she feels that passing out flyers does not meet City guidelines. She stated it would have seemed appropriate at that time to stop the meeting altogether. Mrs. Finst stated this presentation did not meet City requirements and the entire project continues not to meet City requirements. She stated had the Commission seen the architectural presentation at the SPRAB meeting last week they would have seen it was the least and the cheapest that could have been presented and did not meet the City Codes by requesting the waivers. Mrs. Finst stated she does not see how this project will improve the entranceway to the City or improve anything in that area. She commented about compatibility to the area and does not understand how an area that is residential will be improved or will be compatible with huge glowing signs over the neighborhood which was never approved by SPRAB. Mrs. Finst stated if this is approved for waivers for parking and site lines if one or the other business leaves how will the new plan that comes in be accommodated. She stated there is no guarantee that this will be forever and we will have to face in the future what this proposal will bring if the City Commission approves it. Mayor Ellis stated there being no one else from the public who wished to address the Commission regarding the requests, the public hearing was closed. There was no cross-examination. The following individuals gave a brief rebuttal: -10- 06/03/08 Mr. McDonnell stated it is his understanding that the Office Depot just south of 10th Street is going to close and this proposed Office Depot will replace that one. The intent is to not have two Office Depot's flanking the northern entrances to the City. He stated the signage package was not approved by SPRAB because that would have to be a separate application and does not accompany the site plan. Mr. Weiner stated the Publix has well served the north end of the area. In terms of the automobile use and its buildings in comparison to what is going to be there. He stated there will be an improvement to this end of town as a result of these uses and this plan. Mr. Weiner stated there is no approved signage and they have to go back to SPRAB. He stated the covenant gives the City the protection and no one has to worry about different stores moving in. Mr. Weiner stated they are not breaking the City Code. He stated at certain places the City purposely puts waivers into the Code and noted that some things can be waived and some things cannot be waived. Mr. Weiner stated if the waivers were not in there then they would have to do a variance. He stated staff agrees with them, SPRAB agreed with them twice, and they have traffic engineers and planners who have told them that in fact they are over parked and only need 76 spaces and they are at 99 parking spaces. He stated an additional condition says that they put in an additional 20 spaces which because of the way they count their parking they cannot count those spaces. Mr. Weiner stated each waiver stands on its own so no one has to worry about setting a precedent. He urged the Commission to consider the evidence. Mrs. Montague asked when the number of parking spaces was considered did you do it as general retail space or as a shopping center. In response, Mr. McDonnell stated there was a lengthy discussion regarding this and staff looked up in the dictionary the definition of group was and it is "two or more" and that is how the definition of the shopping center is defined. Mrs. Montague asked what the parking requirements are if it is a shopping center. The City Attorney stated it is 4.5 per 1,000 square feet of gross floor area. Mrs. Montague asked if this is how the 155 number was established. Mr. McDonnell stated this is how the number (155) was established as the required parking. Mr. Fetzer asked if the City has used this deed restriction in other cases and inquired if it is enforceable. The City Attorney stated it is enforceable and the City has used a deed restriction very sparingly in the past but it is rare. Mr. McDuffie asked if it essentially in the form of the restrictive conveyance. In response, the City Attorney stated it is attached and is part of the Board Order. Mr. Eliopoulos stated the actual square footage of the CVS on the site plan is 13,203 and stated they actually have a mezzanine which is actually 15,075. He stated the Office Depot square footage ranges through the drawings and goes up to 6 or 7 more square feet. Mr. Eliopoulos stated on George Bush Boulevard there is a 7 foot right-of- way that is getting dedicated to the City. He complimented the task that they did to that exit out onto George Bush Boulevard; however, from what he is seeing the actual asphalt of the turn-a-round that they have created is one foot off of their property line. Mr. -11- 06/03/08 Eliopoulos expressed concern that they still do not have their landscaping on their property and stated this needs to be looked at. He stated on the landscaping plan all these site triangles are actually in the right-of--way as opposed to the property line. Mr. Kleier stated it should be on the property line. Mr. Eliopoulos expressed concern over safety with regard to Office Depot's loading dock. He stated his vision of the entrance to the City was not a 24-hour CVS Pharmacy and the proximity to the residential area. Mr. McDonnell stated staff looked at this and they would not be allowed to go 24-hours or late night without going through the conditional use process. He stated they are within 300 feet of the RM (Residential Medium) and RO (Residential Office) so they would be required to go through a conditional use process and final approval would be by the City Commission. Mr. Eliopoulos stated he does not support a 24-hour business because he feels it is wearing on the Police force and it only encourages problems. He commented about retail versus storage and expressed concern over how this is going to be monitored along with any future changes. Mr. Eliopoulos stated he has reservations with the circulation of Federal Highway but as he keeps on viewing this he feels that at the end of the day a project should carry a lot of weight if there is going to be this much reduction on parking. Mr. Eliopoulos feels that they need to review their square footages again and noted these are big buildings and understands we are dealing with parking and what this site can handle. He stated there were approximately 5-6 waivers through SPRAB and noted in addition to a lot of waivers and a lot of parking being reduced. Mr. Eliopoulos stated this was probably not what the vision of North Federal Highway was especially in CBD zoning. Mayor Ellis stated Commissioner Eliopoulos brought up two issues one being the site visibility reduction and when you are pulling out of a business and how far down you can see is a concern and the other being the number of parking spaces that we have reduced. She stated we have these statistics to tell us that this is enough for what we have now but things do change. Mayor Ellis stated we want commercial to be developed in the city and noted that this Commission had discussions over whether they were going to allow in-lieu of parking for one and two parking spaces because it was so critical to the Commission. She stated maybe under this particular use at this particular location it is not critical now but that does not mean that it won't be. Mayor Ellis inquired about Mr. Weiner's comments about the deed restriction and if this went out of business or something else went in there that it would have to comply with the original spaces. The City Attorney stated in the deed restriction it does provide that if a new use were to come in the existing use could continue with its allocated amount of parking and the new use would have to comply with existing parking. The City Attorney stated one of the findings is condition (d) which "does not result in a grant or special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner." Mrs. Montague asked if the Office Depot's are franchised. Mr. Weiner stated there is no franchise; one ownership. Mrs. Montague commented that the corporate Office Depot then makes the decision. -12- 06/03/08 The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to approve the Board Order as presented (denying the special action request) seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:41 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 31-07 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B), "Principal Uses and Structures", to include an additional property that is allowed the permitted uses of the Central Business District (CBD) Zoning District; amending Subsection 4.4.24(F), "Development Standards", to include an additional property in the Old School Square Historic Arts District (OSSHAD) that is subject to the standards of the Central Business District (CBD) Zoning District. (APPLICANT HAS REpUESTED POSTPONEMENT TO AUGUST 19, 2008 REGULAR MEETING) The caption of Ordinance No. 31-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24 (B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE AN ADDITIONAL PROPERTY THAT IS ALLOWED THE PERMITTED USES OF THE CBD ZONING DISTRICT; AMENDING SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO INCLUDE AN ADDITIONAL PROPERTY IN THE OSSHAD -13- 06/03/08 DISTRICT THAT IS SUBJECT TO THE STANDARDS OF THE CBD OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office). (The official copy of Ordinance No. 31-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. McDuffie moved to postpone to the August 19, 2008 City Commission Meeting, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 24-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) amending Article 4.3, "District Regulations, General Provisions", by amending Section 4.3.3, "Single Family Residential (R-1) District", by amending Subsection (F) "Development Standards", to provide development standards for the Lake Ida Neighborhood Overlay District"; Article 4.5, "Overlay and Environmental Management Districts", by enacting a new Section 4.5.16, "Lake Ida Neighborhood Overlay District", to create a new overlay district for the Lake Ida Neighborhood; amending Appendix "A" "Definitions", to enact a new definition for "Floor Area Ratio". The boundaries of the proposed overlay district are generally described as N.W. 22"d Street on the north, Swinton Avenue to the east, Lake Ida Road to the south, and Interstate 95 on the west for the properties that are zoned R-1-AA (Single Family Residential, R-1-AAA (Single Family Residential, and R-1-AAAB (Single Family Residential). If passed, a second public hearing will be scheduled for June 17, 2008. The caption of Ordinance No. 24-08 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 OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", BY AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICT", BY AMENDING SUB SECTION (F), "DEVELOPMENT STANDARDS", TO PROVIDE DEVELOPMENT STANDARDS FOR THE LAKE IDA NEIGHBORHOOD OVERLAY DISTRICT; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", -14- 06/03/08 BY ENACTING A NEW SECTION 4.5.16, "LAKE IDA NEIGHBORHOOD OVERLAY DISTRICT", TO CREATE A NEW OVERLAY DISTRICT FOR THE LAKE IDA NEIGHBORHOOD; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT A NEW DEFINITION FOR "FLOOR AREA RATIO"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24-08 is on file in the City Clerk's office). The City Attorney read two versions of the ordinance; one being staff s version and the Lake Ida Property Owners Association version. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis asked why there are two versions of the ordinance. Mark McDonnell, Assistant Director of Planning and Zoning, stated one version of the ordinance was presented by the Lake Ida Property Owners Association. Staff made some recommended changes that they thought would refine and be more supportable. He stated it is his understanding that the Lake Ida Property Owners Association has agreed with all of those except for the .4 FAR along the lake (lakefront properties). Staffs version adds a little more description (i.e. definition of a story is 14 feet so that they cannot call one-story 23 feet in order to get around a regulation). Mr. McDonnell stated staff wanted to make this clearer. Mr. McDonnell stated the Lake Ida Property Owners Association is in agreement with the revised version and staff has not heard from them with regard to the .4 FAR for the lakefront properties. Mr. Eliopoulos stated the original property by the Task Force actually had some verbiage in it with regard to the grandfather clause of non-conforming properties. He asked if this in the second version. The City Attorney stated it was never in the versions of the ordinance; however, there is another general ordinance on that subject which was emailed to the City Commission today. The City Attorney stated staff needs to revise the current ordinance to add square footage, etc. There is a provision that if something is destroyed by an act of God that the use, number of units, and the height if it needed to have the same number of units would still be allowed to be constructed with the idea that you are supposed to use the Land Development Regulations if you can. Staff needs to modify that to state that if they had an act of God that they could build in accordance with their old approved building permit plans. Mrs. Montague asked if the language of upper story is included in both versions. -15- 06/03/08 The City Attorney stated in the ordinance under Section (1)(F)(2)(f)(2) under Additions: The intent of the requirement is to soften and screen the second story addition and should read "upper floor addition". Mr. McDonnell stated this is approval of a text amendment to the Land Development Regulations called the Lake Ida Overlay District and the purpose is to encourage new houses and building additions to be compatible with the character of the neighborhood. The neighborhood consists of single family homes and includes the R-1- AA, R-1-AAA, and R-1-AAAB single family zoning districts. The City of Delray Beach received a letter from the Lake Ida Neighborhood Task Force dated March 6, 2008 which identifies the requested changes to the development regulations within the proposed Lake Ida Neighborhood Overlay District. The changes involve the following topic areas: (1) maximum lot coverage, (2) maximum floor area (FAR), (3) maximum percentage FAR for the second and third floors, (4) modify the front and rear yard setbacks for two-story homes, (5) propose a definition for `floor area ratio', (6) introduce landscape requirements for the 2 or 3 story buildings. At its meeting of April 21, 2008, the Planning and Zoning Board considered and approved the initiation of the amendment. The Board then requested that the proposal be scheduled for a workshop. At its meeting of May 12, 2008, the Planning and Zoning Board conducted the Workshop Meeting and a representative of the Lake Ida Property Owners Association described the proposed changes and City staff discussed recommending changes with respect to the FAR definition, changes to the front setback as it related to R-1-AAA and R-1-AAAB zoning and the need to clarify maximum heights for first floors as well as upper floors. At its meeting of May 19, 2008, the Planning and Zoning Board considered the proposed text amendment and following the discussion, the Board voted 6 to 1 to recommend approval of the staff version of the Overlay District and the Design Guidelines that are reflected in Exhibit "A". Staff recommended that the reference to the two-story house be changed to upper story and the FAR clarified areas that were not included in FAR calculation. The proposed front and rear setbacks for R-1-AAA and R-1-AAAB zoning were modified to achieve what the property owners desired which was a five foot offset instead of a 10 foot which was in their proposal and they agreed it should be five feet. The definition of first floor and upper floor heights is included with the text amendment to ensure the massing of new homes and additions is consistent with the intent of the ordinance. The character of the properties with frontage along Lake Ida consists typically of the larger lots and the FAR for these properties have increased to .40 as opposed to .35 and the property owners have proposed shrinking the second and third floor to 75% of what the first floor is. Mr. McDonnell stated the definition of floor has a typographical error; however, staff basically used a new sentence to talk about what should be excluded from the FAR. Mr. McDonnell noted the language starts at the bottom of page 8-9 of the Planning and Zoning staff report and distributed copies to the Commission. He stated it should read "The floor areas of attics (unless used as a living space), enclosed decks or patios, covered porches, exterior balconies (covered or uncovered) or crawl spaces are excluded from the total floor area used in the Floor Area Ratio calculation. Staff recommends approval. -16- 06/03/08 Mayor Ellis declared the public hearing open. Michael Weiner, Attorney with Weiner & Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach, represents certain property owners in the Lake Ida District and stated there have been numerous meetings prior to this meeting including three Planning and Zoning Board Meetings. At these meetings, the largest amount of time and greatest consideration was given to the Lake Ida Property Owners Association and its Design Guidelines Task Force. Mr. Weiner stated this is not an association established in the public record but is just anot-for profit company. He stated there was a prior association; however, that became defunct and another association established. Mr. Weiner stated he does not know the number of members or the scope of authority. Mr. Weiner stated its company records on file with the Division of Corporations for the State of Florida are confusing and is uncertain who is President. He stated they do not know if it is followed in its own bylaws or what meetings it has held and convened and how the people were elected with respect to the Task Force and the method and manner in which they were elected. He stated they do not know the authority of the Task Force and to whom they must report. Mr. Weiner stated they have been granted extra ordinary status by the City to prepare restrictions and ordinances. No fee has been collected for a privately initiated ordinance. Mr. Weiner stated government has rules for a reason and to protect basic rights including property rights the rules should be followed. Mr. Weiner stated the Lake Ida Property Owners Association on its website has already made up its mind while the Task Force called for guidelines they now seek to make it law. Mr. Weiner stated this process has already been flawed with what has been done to date. He stated we do not know the size of the sampling of the houses for the ordinance and do not know who chose the sample nor do we know how many non-conforming houses have been created. Mr. Weiner urged the City Commission to take the temperature of the community and stated there is no reason to pass an ordinance that is already procedurally incorrect. Mr. Weiner stated he believes that this is aQuasi-Judicial Hearing and not a legislative matter. Mr. Weiner stated the citizens cannot stop the Commission from passing new laws; however, he stated to pass them correctly. Sam Shannon, 1500 N. Swinton Avenue, Delrav Beach, (Chairman of Task Force that developed the recommendations before the City Commission this evening), stated he believes that the initiated of this item was the Planning and Zoning Board and noted the Board had a debate and felt that they should go forward pursuant to the provisions of the Comprehensive Plan. Mr. Shannon stated the Task Force began looking at the types of requirements the City has for the two beach neighborhoods. He stated in their discussions they felt those were too restrictive and did not really apply to the goals of the Lake Ida neighborhood. Mr. Shannon stated they did not want to dictate the architectural styles, building materials, roof types, and colors but instead preferred an approach that promoted compatibility with new development or expansion of existing development with the existing neighborhood. He stated they were primarily concerned with and wanting to address size and wanted to make sure that the size of new homes fit the lot that it was being built on. Mr. Shannon stated the recommendations address two- story homes and there is only one portion that addresses aone-story home and that is lot coverage and they found no single story homes in the entire neighborhood that actually exceeds it. Mr. Shannon stated the critical recommendation to promote the intent of -17- 06/03/08 compatibility of the house to the size of the lot is the FAR (recommendation .35). He stated this directly addresses mass and bulk and has the house fit the lot. Mr. Shannon stated the Task Force does not believe that the recommendations presented to the Commission are overly restrictive. He stated the Task Force did a considerable amount of research and they feel that approximately 5 of 10 houses exist that really exceed those recommendations in the neighborhood. Mr. Shannon urged the Commission to act on this to make sure that those 5 or 10 homes do not become 110 or 210 and dramatically change the character of the neighborhood. Mr. Shannon urged the Commission to preserve the basic character of the neighborhood by adopting these requirements. Roy Simon, 201 N.W. 11th Street, Delrav Beach (has resided here since 1973 stated he is a new member to the association and has been receiving for years notices of meeting. He stated he was curious of this one because it had to do with the development that was going on in his neighborhood. Mr. Simon stated he worked in that area (Chevy Chase area) since 1949 and noted that those were small lots and small homes and as the land was filled the subdivisions kept going into small lots. He stated that area has lots that go from 50 feet of width to 140 feet of width. Mr. Simon stated on a 50 foot lot under the current ordinance someone could build atwo-story 5,600 square foot house on a 50 foot lot. He stated this is excessive, is not appropriate and would not be compatible. Mr. Simon stated his concern was dealing with people who already live on a 50 or 75 foot lots and having a larger building built next to them. He stated the Task Force created a table of all the properties in the area. He stated there are various lots from 7,600 square feet to 14,300 square feet in most of the developed lots and the house sizes range from 1,500 to 3,800 square feet and all of them are under the FAR ratio and urged the Commission to take a look at this before the entire neighborhood changes. Charlotte Lees, 110 Wood Lane, Delrav Beach, stated she has been a resident of Delray Beach for over twenty years. In the 1990's, she stated she was President of the Lake Ida Property Owners Association in the 1990's and is currently a member of the membership committee. Mrs. Lees supports the Delray Beach Design Guidelines as approved by the Delray Beach Planning and Zoning Board. She stated one of the attractions of living in Florida is the year-round enjoyment of the outdoor living spaces. She stated Lake Ida has offered the sense of privacy but not enjoyed in communities where large homes overlook each others backyards making them seem like fishbowls. However, Mrs. Lees stated recent building trends in their neighborhood threaten this privacy. She stated these proposed guidelines address the concern of the current residents to preserve their privacy in their own backyards. She stated one person's right to develop their property stops when such development destroys another person's right to enjoy their own. Mrs. Lees stated by requiring additional landscaping and stepping in the upper stories of multi-level houses, these guidelines seek to mitigate the impact of the new homes on their existing neighbors. The current Delray Beach zoning code does not protect anyone from oversized homes built close to the property lines with no screening to mitigate their impact. She stated this is the goal of this Task Team and urged the Commission to support their efforts. -18- 06/03/08 Anders Rorholt, 518 Aylesbury Road, Delrav Beach, is strongly opposed to these proposed restrictions because he has a small odd shaped lot which is 60 feet deep and he did have plans for what he wants to do in the future. He stated if this passes he cannot do that anymore and noted that if he had bought the home with these restrictions four years ago he would have torn the house down and built a new one. Mr. Rorholt expressed concern that for small properties and odd shaped properties this ordinance is defeating the purpose and it does not address division of what he believes are large beautiful properties that exist in the Lake Ida area. Gary Hanson, 1104 N.W. 4t'' Avenue, Delrav Beach, stated he has lived in the Lake Ida neighborhood for ten years and loves the diversity of the neighborhood. He is strongly opposed to the restrictions and feels it is ludicrous that the rules are being changed when people have already bought. He stated the people on the Lake get 40% rather than 35% like everyone else for the second floor. Mr. Hanson stated if the Commission passes the restrictions he feels they are stripping the citizens of their rights and property values. Doug Ayerst, 111 N.W. 11th Street, Delrav Beach, stated he has friends and neighbors on both sides of this issue and understands where they are coming from. He stated he spoke at the Planning and Zoning Board Meeting and he made the statement that he personally does not like to have the government come and tell him what to do with his property. Mr. Ayerst stated on one hand there are property rights and on the other hand there is the value of the overall neighborhood. He stated approximately 15 years ago there was property called "Bird Property" and it was bordered on the west of Lake Ida, on the east with N.W. 4th Avenue, on the south it was N.W. 12th Street, and on the north it was N.W. 13th Street. He stated it is approximately 7'/z acres and right now it has 13 homes (3 very expensive large homes) on it and then there are ten homes which are on 3 acre lots with a number of two-story homes on them. Mr. Ayerst stated prior to the development of that property 15 years ago that was a mango orchard. He stated there was one single house and the rest of it was mango trees. He stated approximately 15 years ago there was a developer who wanted to take out the mango orchard and wall that 7 '/z acres in and put in 27 homes. He stated some of the same people who have been working on these guidelines got together and said if that happens this is going to cause an encapsulated neighborhood inside their neighborhood and disrupt traffic flows and in the long run it will devalue the entire neighborhood. Mr. Ayerst stated fortunately 15 years ago this came before the same body and they voted to stop that development. He stated currently there are beautiful homes on the property and a lot of the original mango trees are still there and overall the value of the neighborhood was increased because of guidelines. Mr. Ayerst stated in general the rest of the neighborhood won because the overall property values increased. He urged the Commission to accept these guidelines. Deb Sullivan, 1002 Lake Shore Drive, Delrav Beach, strongly opposes the restrictions (along with Kevin Rouse) and entered into the record the reasons why she opposes the restrictions to the City Commission, Planning and Zoning, to the planners, and to Joann Peart. -19- 06/03/08 Shelly Petrolia, 2002 N.W. 4t'' Avenue, Delrav Beach, opposes the restrictions and stated there were some comments made that this was actually going to do what people are thinking it is going to do; however, she does not think it is. Mrs. Petrolia stated the fishbowl affect is not going to be alleviated by this situation because you can still build at 15 feet from the rear backyard setback and you can go second story. She stated there is no indication as to where you have to go in on that second story. Mrs. Petrolia stated if we talked about setbacks and vegetation requirements on the back side of a two-story structure that is being built then that would alleviate a lot of the problems without having to get into overlay districts and FAR's. Mrs. Petrolia stated she has canvassed the Lake Shore Estates subdivision and the homeowners that were available to her, 80% of those people in her area do not want an overlay district and do not want the restrictions. Mrs. Petrolia stated they would like to utilize the Lake Eden Subdivision which includes the properties on the north side of 22"d Street and Lake Eden Way as a model and noted that they are apparently excluded from this whole district. She stated she is not sure what the qualifications were for the Lake Eden properties to be exempt from the overlay district, she feels that their subdivision is more representative of these properties than their neighbors to the south. She stated they have 52 homes that make up their subdivision and these are mostly comprised of larger lots ranging from '/z to a little under an acre. As a representative of Lake Shore Estates subdivision, Mrs. Petrolia is requesting that they be excluded from this proposal of restrictions and overlay district. She stated the property owners in Lake Shore Estates are not concerned with the issues that this Task Force has brought up as reasons that they are presenting the Commission with today. Mrs. Petrolia stated her subdivision would like things to remain as they are and urged the Commission that they respectfully allow them to secede from any further actions inclusive of this Task Force. Larry Buerman, 34 N.W. 17th Court, Delrav Beach, stated he does not think that the City knows his street exists because it is a private street and noted that he has fought with the City for 30 years so that everyone knows where his street is. Mr. Buerman is strongly opposed to the restrictions and stated he is against somebody telling him what he can do with his property. He stated he bought his property 30 years hoping that one day he can sell his property and downsize when he can no longer take care of it. He stated this is just a start to more and more restrictions and he feels once something happens it is hard to get rid of it. Kay Carlson, 1520 Lake Drive, Delrav Beach (resident for 32 years), stated they have met with many restrictions that the City has already imposed on them for various things. She stated she and her husband do not feel that there is a need for any more restrictions because they feel there are plenty and are satisfied with what they have already. Judy Carlson, 1408 Pine Lane, Delrav Beach (resident since 1978) stated she is not in favor of the restrictions for several reasons first of which these are taking the property rights from a group of individuals in favor of giving rights for the use of enjoyment of property to another. She stated a piece of property was purchased thirty years by her father in an effort to sell it for his retirement and he is now restricted to who he can sell the property to. Ms. Carlson stated when her family moved to the lake she -20- 06/03/08 was a teenager and her dad had a bus and he parked the bus along the edge of his property line down to the lake. The neighbor who lived across the street from them at the time reported her family for zoning violations because the bus was not surrounded by three walls and because her view was blocked. Consequently, Ms. Carlson's family contacted the City and found out that if three walls were built around the bus that it would be allowed to stay there. Ms. Carlson stated her dad then built atwo-story bus garage and the neighbor still could not see the lake again. Ms. Carlson stated she realizes that some people enjoy the area that they live in and they feel that they have certain rights based on the fact that it has been that way for years; however, things change. She stated this area has developed and she is fully in favor of no restrictions. Dean Jackson, 838 Lake Shore Drive, Delray Beach (his family of four moved in a little over 5 years ago), stated his house is not big and they have always thought about adding a second story to their house. He has no issues with the restrictions and in his opinion, when looking at what is being proposed, he feels it is very reasonable and allows for second-story growth. NIr. Jackson stated this does not solve everyone's problems (i.e. fishbowls) but he feels the proposed restrictions that were considered and developed is something that would work for most people. He stated he feels the restrictions will help the property values and he intends to potentially build asecond- story to his home. Mr. Jackson stated the reality of the restrictions proposed will not have a detrimental affect to the neighborhood and most likely will not have an impact to the people who would like to build asecond-story. Christie Mularz, 9 N.W. 9t'' Street, Delray Beach (lived here for 14 ears ,stated she is in favor of the Design Guidelines and noted although she did not participate actively in a lot of the planning; however, she received all the flyers and emails informing her of all the various meetings that took place. She stated she chose to go hear the initial information that was proposed and she chose to attend some of the meetings that came later and about the plans for the neighborhood. Mrs. Mularz stated she does not find these to be very restrictive and noted that she does have a larger lot and can build a 10,000 square foot home on her lot without any restrictions. She stated some misinformation has been put forth by some of the people in the opposition. Mrs. Mularz stated she does not like to see what is happening to the neighborhood and wishes more people would participate in the process so that everyone did not have to be here this evening. Tom Honker, 615 Wiggin Road, Delray Beach (he and his wife have been residents for 42 years), stated they settled in Delray Beach 42 years ago because of its small town charm and it has become home for them. He stated they owned a house east of Swinton Avenue on 10th Street and 22 years ago they sold the house and bought a home east of the lake where they lived ever since. Mr. Honker stated he and his wife have been active in the Lake Ida Property Owners Association since its inception in 1986. He stated like them he feels most of the Lake Ida residents bought their house because of the character of the neighborhood, the eclectic styles, and the scale and the compatibility of the houses as a whole. He stated people bought their houses to raise families, to make new friends with their neighbors, and retire in a compatible and peaceful neighborhood. Mr. Honker stated they did not buy a house to flip it to a mansion builder and not to live -21 - 06/03/08 next door to that kind of house on steroids. He stated there is some concern that if the Task Force recommendations are adopted that property values might be negatively affected. He stated Gulf Stream and Manalapan have regulations and they do not seem to be losing property values and in fact they are keeping their values during this recent downturn. Mr. Honker stated the person's property who is being devalued is the guy next to the mansion (large house). He stated many people would not want to buy the house next to the McMansion but a person who might be interested would be someone wanting to put up their own McMansion and therefore would only be interested in paying for the value of the land. He stated in his travels through Lake Ida and other neighborhoods he can hardly avoid noticing that where small houses are next to big McMansions one or more of those small houses has a "For Sale" sign on the street and a speculator might well be able to buy the house for land value only. He feels if people are having their homes valued as "tear down" then what incentive would they have for keeping up the maintenance or making minor improvements. He feels that people would feel that they would be throwing their money away if they have to sell it for the dirt. He feels this attitude toward home maintenance and improvements could affect us all. NIr. Honker stated they feel that the Design Guidelines will help ensure the Lake Ida Property Owners preservation of quality of life, property values, and the kind of charm that is fast disappearing due to overdevelopment in South Florida. Mr. Honker urged the Commission to pass the Design Guidelines and help them preserve their home and quality of life. Svdnev Wildes, 717 N.W. 3rd Avenue, Delrav Beach (has lived in Delrav Beach since 1952 and in Lake Ida since 1997) also speaking on behalf of Mr. Darrel Downing Rippeteau (retired Architect, Fellow, American Institute of Architects, a Lieutenant Colonel, Army Corps of Engineers (Retired) who lives at 1011 N.W. 3r Avenue, Delrav Beach, stated when she was a little girl she walked her girlfriend home to Lake Ida where all the kids lived and she lived over on the beach where the elderly people lived. She stated she could not wait to get to Lake Ida and now she is there. Mrs. Wildes stated she loves her neighborhood, loves the eclecticism and the non-subdivision character of the place. Mrs. Wildes stated Mr. Rippeteau stated he would like the Commission to vote in favor of the Lake Ida Design Guidelines and she too urged the Commission to vote in favor as well. Lee Wildes, 717 N.W. 3rd Avenue, Delrav Beach (has lived in Lake Ida for 10 years with his wife Svdnev Wildes), supports the Design Guidelines and urged the Commission to support as well. Gasper Gonzalez, 514 Enfield Road, Delrav Beach (southern perimeter of the area being discussed which butts up against Lake Ida Road), stated the City imposed on them because they rose the road 6 '/z feet above grade which invaded their privacy. He stated eventually the result 18 years later was the gray wall that can be seen now. NIr. Gonzalez stated there are approximately 20 homes along that perimeter and has presented himself to various homeowners there and received consensus of at least seven of them who indicate that they are in favor of restrictions in order to keep the integrity of the neighborhood. He stated he has been in the Boca Raton area since 1959 and has seen mansionization take over in certain neighborhoods and it does crowd the -22- 06/03/08 little guy who cannot afford it and it changes the character and integrity of the neighborhood. Mr. Gonzalez stated he is in favor of the restrictions and supports staff. Mark Denkler, 320 N.W. 9t'' Street, Delrav Beach (he and his wife have lived here for 14 years and not active in the homeowners association until 2 years ago), stated at that time the Lake Ida Homeowners Association talked about because of some big mansions being built they wanted to put in some guidelines to restrict those. In 1996, he stated the City Commission left it to the neighborhoods to do this. Therefore, the Lake Ida Homeowners Association felt there was a need and called some meetings. Mr. Denkler stated he attended a couple of early meetings but dropped out because he did not have the time to keep attending. He stated he did not participate in the survey; however, he likes what they have come up with. Mr. Denkler stated he has a 3,400 square foot home and could add another 2,000 square feet but he does not want a 5,000 square foot home and neither do his neighbors. He stated he does not like new neighborhoods because the homes are too close. Mr. Denkler stated he supports the Design Guidelines because it gives privacy along with keeping the charm of the neighborhood. Carolyn Wathey-Lee, 325 N.W. 15th Street, Delrav Beach, stated she moved from Boca Raton and drove for three years until she found a house that fit her budget and was a place that she could feel comfortable about. She stated she moved to Lake Ida for the community and noted that it has been an amazing place to live, walk and be safe. Ms. Wathey-Lee stated she is for the building restrictions because building something bigger and better initially seems wonderful but it then encroaches and grows and she believes that this is an attempt to stop the horse before it goes out the barn. She stated she works at the Kravis Center in West Palm Beach and works constantly with donors in Palm Beach Island. Ms. Wathey-Lee stated they seem to be the only houses that are going up incrementally by millions and they probably have the strictest building code in the southern corridor. She differs with anyone who says restrictions are harmful or that guidelines are harmful because there are many styles of architecture and many sizes. Ms. Wathey-Lee stated there is an Architectural Control Board and it has done nothing but increase the value of their properties. She urged the Commission to pass these restrictions and feels this is a good start. Andrea Sherman, 222 N.W. 15th Street, Delrav Beach, stated she is part of the Task Force and firmly believes in the Design Guidelines. She stated the charm of Lake Ida is what attracted everybody and feels that the seaside village feeling is what made Delray Beach the All-America City. Ms. Sherman stated allowing people to come in and do what they want as far as building houses that are out of scale to the property will take away the whole charm and ambiance of the neighborhood (tree lined streets). Ms. Sherman commented about Byrd's Orchard and happens to know the builder and developer and she worked on some of his homes as a designer. One of the things she really admired about him was he was insistent that all the homes be different and he maintained a lot of the mango trees. She feels he did a great job and those and the kind of homes they need to be continued to be built in the neighborhood. - 23 - 06/03/08 Wendy Colnon, 680 N.W. 11th Street, Delrav Beach, stated wanting to preserve the charm and beauty of the neighborhood is natural but what is charming to one group may be outdated to another. She stated the reason an important reason for buying their first home in the Lake Ida area was because it had its own character with no fancy name or guard gates. Mrs. Colnon stated they liked the area because the houses were different and interesting and it still is. She feels the 21 people behind the Task Force are imposing their interpretations of character and beauty on the 740 families. Mrs. Colnon stated there are building codes already in place and from her experience they are strictly enforced. She does not agree that for the families who own smaller lots to be told how much they can expand. David Elliott, 733 Lake Shore Drive, Delrav Beach (Vice-President of Lake Ida Homeowners Association and have lived in the neighborhood for six ears stated he was not part of the Task Force, however, he agrees with the Planning and Zoning Board and the Lake Ida community on putting forward the restrictions on the Design Guidelines. He stated two years ago when the process was started the main reason for these restrictions/guidelines was to make sure that the privacy of the people in the neighborhood were respected. Mr. Elliott stated he has seen misleading information being sent out as scare tactics by few to many to drum up support. For example, he stated the mis-information that the garage with the new restrictions is now included as part of the house LDR is wrong and the fact of the matter is that the garage has always been covered by the LDR and he feels it should be kept part of it. He stated garages add to the overall size and bulk of houses and it make no sense not to include them. He stated these restrictions and guidelines are not saying what you can build, how many floors, what color or style but are making sure that people are being respectful to their neighbors. Mr. Elliott stated he is for these restrictions, for respect for your neighbors, for respect for the neighborhood and respect for the future. Harry Polatsek, 1116 N.W. 5t'' Avenue, Delrav Beach (voluntary member of the Lake Ida Homeowners Association), strongly opposes the restrictions and stated these restrictions hinge on the fundamental property rights held by every citizen who resides in the Lake Ida neighborhood. He stated he moved to Lake Ida having spent several years in the western part of the County in a gated community. In his opinion, Mr. Polatsek stated this is the first step towards and is the kind of activity that happens in gated communities where you sign as you purchase to agree to conveyance which control many aspects of your life down to where you can open your garage door, change your landscaping, or change the color of your house. Mr. Polatsek stated although the proposed restrictions are not entirely as restricted as those but they are the road to more restrictions. He urged the City Commission to vote "no". Dolly Zabik, 1105 Lake Drive, Delrav Beach, opposes the restrictions and urged the Commission not to support the restrictions in the Lake Ida area. Ellen Rosenthal, 1700 Lake Drive, Delrav Beach, strongly opposes the restrictions for many of the reasons that some of the other people have stated. She stated she believes people have the right to do what they please with their property and if they do something that is unusual then the market will judge that when they go to sell it. Ms. -24- 06/03/08 Rosenthal stated it is not up to an arbitrary group of people to subject their opinions on the rest of the people in the neighborhood. Paula Honker, 615 Wiggin Road, Delray Beach, supports the guidelines as a way to help preserve the charm, beauty and quality of life she enjoys in her neighborhood. Mrs. Honker stated she has great hope that the guidelines will be a deterrent to over development and urged the Commission to accept these guidelines. Eileen Dippalito, 507 Lake Drive, Delrav Beach (member of the Lake Ida Property Owners Association), stated she was born and raised in Palm Beach County and lived for a little while outside of Palm Beach County but is back her with her husband and two young daughters to raise their children. Mrs. Dippalito stated they purchased their home in September 2003; however, they bought the home from a couple who lived there for 26 years. She stated it is their hope to raise their daughters and ultimately retire in the area and the Lake Ida area is close to great schools, cultural opportunities, and the beach. Mrs. Dippalito stated they very much like the City of Delray Beach and feel like the Lake Ida area and the restrictions help keep the quality of the neighborhood for the people who want to live there. She stated they want their neighborhood which they feel matches the "village-by-the-sea" to remain that way and not have over development. She stated anytime you go into a neighborhood of many homes you have many opinions but that does not guarantee that you can do what you absolutely want at anytime. Mrs. Dippalito stated you have to be one for the good of all and not for the good of just yourself. She supports all of the hard work that the homeowners association and the Committee who has taken the time to represent them and urged the Commission to vote in favor of the Design Guidelines. Ann Margo Peart, 710 1/2 Claremore Drive, West Palm Beach Grew up at 107 N.W. 9t'' Street, Delrav Beach), read into the record a letter for tennis player and realtor Wendy Overton. Jennifer Cassidy, 710 Gardenia Terrace, Delrav Beach, stated she is against any and all building restrictions and feels it is in the best interest of the residents to let the neighborhood develop to its full potential. Randy Porter, 720 Enfield Road, Delrav Beach (has lived here for approximately 10 years), opposes the restrictions/guidelines and does not think we need to have these new restrictions or guidelines imposed on them by a vocal minority. He suggested that everyone vote on the issue because this seems the best way to ensure that the actual will of the real people was in fact followed. John Robertson, 600 Gardenia Terrace, Delrav Beach (speaking for his wife Sarah G. Robertson as well), stated they are in favor of the restrictions and commented that they purchased an 1,800 square foot "dump" in 2005 because they were in love with the unique character of the neighborhood. NIr. Robertson stated it is easy for one couple to do a house but not a neighborhood and urged the Commission to not take the neighborhood away from them. - 25 - 06/03/08 Andy Prichard, 400 N.W. 12th Street, Delrav Beach (General Contractor), stated if the Commission does not pass these guidelines he will make more money. Mr. Prichard stated he know the difference between right and wrong. He stated these guidelines are not excessive and he urged the Commission to vote in favor of them. Louanne Calder, 709 Eldorado Lane, Delrav Beach, stated she is in favor of the building guidelines. She stated she moved to South Florida in 1996 and after searching Palm Beach County from one end to the other for seven months they were finally introduced to Lake Ida. Mrs. Calder stated they love the eclectic style of homes, large mature trees, green space, lack of overcrowding and ability to be creative with your home. She stated although this is a very unique neighborhood, ideal location for schools and the beach it may not be for everyone. She stated if someone is looking for towering oversized homes on small lots or houses that extend to all four corners of your property one may want to look at another neighborhood that offers this lifestyle. Mrs. Calder urged the Commission to help maintain the integrity of the neighborhood when it comes to voting on this delicate issue. She stated a neighborhood like this is a rarity and to find a similar area would be next to impossible. Mrs. Calder urged the Commission to maintain the uniqueness and keep the wonderful balance of nature and concrete. Jack Fitzsimmons, 602 Eldorado Lane, Delrav Beach, stated a house located at 611 Eldorado Lane across the street from him recently became a sober house and understands that this is permitted in Delray Beach. He stated he received an email from the City Attorney stating that there is a Federal Law for people with disabilities and we have to be sure that the City's law does not conflict with the Federal Law. Mr. Fitzsimmons stated there is no license and these people just decide that they want to open a sober house. He stated as it understands it you can have five unrelated people living in one home and asked if these sober houses are covered by this rule. Mr. Fitzsimmons stated he would like to have this included in this plan because this is land use regulation and recommends that it be sent back to the drawing board for inclusion. Gary Anzalone, 608 North Swinton Avenue, Delrav Beach, stated he moved to Delray Beach in 1995 because he was attracted to the fusion of style, people and taste that was in the community. In his opinion, Mr. Anzalone stated he does not feel it is the position of the Committee to decide what is in good taste for people's homes. Mr. Anzalone stated he is opposed to this plan. William De~nan, 1009 N.W. 4t'' Avenue, Delrav Beach, stated he and his wife are opposed to the proposed regulations and they do not want restrictions. He stated this is not what they bargained for and if he wanted that he would have moved out to a gated community. For the record, Mr. Degnan stated his neighbor Robert Raven could not attend the meeting this evening and he is also against the restrictions. Phillip Colnon, 680 N.W. llth Street, Delrav Beach, stated there is a perceived idea that he is the only resident fighting these restrictions and noted that he is only one of 132 signatures on the petition to fight this amendment. He stated the argument from the beginning has been whether or not this text amendment is as the Comprehensive Plan states neighborhood supported. Mr. Colnon stated this should not -26- 06/03/08 mean supported by a small Task Force but true area backing. He stated in all of the supporting documents supplied by the Task Force there are only two signatures in support of (Sam Shannon and Joann Peart). Mr. Colnon stated he has submitted 224 surveys signed and the Task Force has submitted only a summary of the survey without one signature. He stated he is sure the intent was good when the Task Force was formed; however, the information disseminated to the areas residents is lacking. Mr. Colnon stated by the survey and the petition even the majority of the Lake Ida Property Owners Association members do not support this action if they were surveyed. He stated 49% of all residents are Lake Ida Property Owner members and 59% signed the petition to stop the restrictions; 57% of the Lake Ida Homeowner members signed the petition to stop it. Karen Premock, 740 Lakeshore Drive, Delrav Beach (Chairman of the Membership Committee), stated she is strongly in favor of seeing these Design Guidelines passed. With regard to comments expressed by Mr. Weiner, she stated the membership committee is not the force behind this but they are the spokespeople and the vessel to get the word out to people. She disagrees with comments expressed by Mr. Colnon because she attended every meeting and feels people are for the restrictions. Jean Hutchinson, 811 N.W. 3rd Avenue, Delrav Beach, is strongly in favor of the Design Guidelines. She stated large houses prohibit the flow of air to the smaller houses and those people who are trying to conserve water, gas, and electric do not believe that bigger is better. She urged the Commission to help save their neighborhood. Todd Wilson, 1315 N.W. 2nd Avenue, Delrav Beach (realtor), stated he does not believe these guidelines would ever lead to the same thing as a gated homeowners association. He stated he built an addition onto his home before this issue was ever raised and added 2,000 square feet and have not even come close to what he can actually build. Mr. Wilson stated he does not believe this will make property values go down and believes that people buy in Lake Ida because they want to live there and not because of the size of the house. He supports the guidelines and does not think they are that stringent and it will help to create better neighbors and more respectable living. Pam Boalt, 925 Hibiscus Lane, Delrav Beach, supports the restrictions and the guidelines. She stated to the west of her property was a piece of property that had one large home that has been destroyed and they are trying to put up four more homes. Mrs. Boalt stated she does not want a large home zooming over her pool area because she feels that it takes away from the neighborhood. Julie Schmitt, 945 Hibiscus Lane, Delrav Beach (lived here since 1986 supports the Design Guidelines and disagrees with the comments expressed by Mr. Colnon. Peter Goodrid~e, 1075 Hibiscus Lane, Delrav Beach, stated he and his wife purchased this home in October 2003 and is not a member of the Task Force and he has not had any involvement in developing the guidelines. Mr. Goodridge stated he supports the Design Guidelines recommended by the City's Planning and Zoning staff, -27- 06/03/08 the City's Planning and Zoning Board, and the Lake Ida Property Owners Association. He stated since they purchased their home there have been at least 26 two-story or very large one-story homes within the six block area around his home that have been built. Mr. Goodridge stated all of those homes with the exception of two were built as spec homes and he expressed concern over the dramatic change of the neighborhood and what will happen in the next 5-10 years. He stated they bought their home in the Lake Ida area to raise their family because they enjoy the character and the diversity of the neighborhood. Mr. Goodridge stated the Design Guidelines are needed to preserve the integrity of the neighborhood and to prevent oversized cookie cutter developer homes from proliferating in the neighborhood. He stated when people are forming their opinions they should be given accurate information and all the facts so that they can make their own decision. Mr. Goodridge stated he does not feel that Mr. Colnon has given accurate and complete information when they performed their survey, sent their flyers out to the neighborhood and sent their emails out to the homeowners. For example, Mr. Goodridge stated Phillip Colnon is a land developer and noted there is a large piece of property that he replatted into four lots where he built his home on the replatted lots and two other homes were built on the two other lots (Mr. Colnon did not build those two homes). Also, Mr. Goodridge stated Mr. Colnon is working on a prof ect at the end of his street where his group has purchased two lots and has moved through most if not all of the process of replatting those two lots into four and obtaining approval to build four homes on those lots. Mr. Goodridge stated he has attended the public meetings with the Planning and Zoning staff and Board that Mr. Colnon also attended and spoke at, has seen Mr. Colnon's postcards to the neighborhood, has seen his survey, has seen his emails to the neighborhood, and a letter he sent to the City Attorney. Mr. Goodridge stated in none of those meetings and none of Mr. Colnon's correspondence has he disclosed his position as a land developer in the neighborhood. Mr. Goodridge stated he believes this is an important fact that people should know when they make their decision about where they stand on the Design Guideline changes. Nancy McNaely, 624 Gardenia Terrace, Delray Beach (has owned her home since 1991), she and her husband love the neighborhood and they plan to live here the rest of their lives. She stated the regulations such as the Design Guidelines are not only needed but are necessary on the building of new homes and the renovations of existing homes. Mrs. McNaely stated the regulations are minimal in their restrictions. Mrs. McNaely stated they attended the first several meetings when the Design Guidelines were first being discussed and they were very pleased when it was decided that architectural style and paint color choices were not included in the Design Guidelines so that individualism and unique characteristics of the homes could be maintained. Mrs. McNaely stated these Design Guidelines with their very reasonable size regulations are placing a cap on large imposing homes that are not in scale with the existing homes and land plots. She stated she would like to maintain the view of the sky and greenery while they are enjoying the privacy in their backyards and urged the Commission to vote in support of the Lake Ida Design Guidelines. - 28 - 06/03/08 Paul Schmitt, 945 Hibiscus Lane, Delrav Beach, supports the Design Guidelines. He stated the people who are for the guidelines have a hard time convincing the people who are against them. NIr. Schmitt stated some people have a difficult time talking between neighbors and stated it is not neighborly to have this division between neighbors. He stated there are restrictions already; however, he would like to see additional restrictions to protect the neighborhood so that down the road when people get older and their children take over their homes they can have the same quality of life. Brandon Holt, 1115 Lake Drive, Delrav Beach, supports the Design Guidelines/restrictions. He stated he owned the property on 10 N.W. 11th Street and noted that this property was one pineapple farm and on that property was one little house which he lived in. Mr. Holt stated when he had children he sold it and the new owner turned it into two houses and those houses went from the front street to the back street and turned one sideways on Swinton Avenue (went from a Swinton front house to two side streets on N.W. 11th Street). He stated he does not want his community to become one big house and one big mansion. On the other hand, Mr. Holt stated he purchased a house off of 15th and when he purchased that house there was another mansion built behind him. He stated he bought two lots because (he sold his back lot) the lot that they were talking about for $600,000 was the 3 acres on the corner. Mr. Holt stated the guy that was selling it did not want it broken up but they broke it up. NIr. Holt stated what people are referring to as "mansions" he calls "a really nice luxury home" that did not hurt the community and they built a nice house with lots of landscaping. He stated he is for these guidelines when done properly but he is against them not being done correctly. Mr. Holt stated he is against telling people what the size of the second floor should be over the first. He feels people should not be told how to build their house but instead is okay with telling them how much space they can take. LaRonda Denkler, 320 N.W. 9t'' Street, Delrav Beach, expressed concern over a survey that was run by the owners against restrictions and stated that people need to look at the material and ask themselves "How was the material presented to homeowners who were asked their opinion for a survey?" and "What types of information was presented and was it accurate?" Mrs. Denkler stated the survey should be reviewed to see if accurate representations were made before we assume all of the people that were pulled had accurate knowledge. She stated this is an issue of respect and noted that we could end up with every single home in Lake Ida being two-stories and right next to each other. However, Mrs. Denkler stated before getting to that there are the little houses that are stuck between them. She stated her home was built in 1952 and there is nothing wrong with her home but it might be a tear down to other people. Mrs. Denkler stated everybody should be respectful of each other and we should not be allowed to do whatever we want. Mrs. Denkler stated she owns 240 acres of farm land in South Dakota and if someone wants to buy a piece of that they can do whatever they want because there are zero restrictions; however, she feels we need the guidelines in Delray Beach. Dick Schmitt (brother of Paul Schmitt), supports the restrictions and he is also for speed limits, stop signs, etc. -29- 06/03/08 Shannon Dawson (realtor) 527 North Swinton Avenue, Delray Beach (also owns property at 450 North Swinton Avenue where she lived when they first starting building their home), stated speaking as a realtor this will lower property values and when an overlay restriction is placed on it encourages improvement in that area. She stated it becomes harder and harder for the homeowners to improve their properties. Mrs. Dawson stated these restrictions are going to change over time and what we have today will not be for the future of this neighborhood. She stated the charm of this neighborhood is a result of freedom and is going to disappear day-by-day. Mrs. Dawson stated as a homeowner, realtor, and as a person living and working in this area she urged the Commission to not support these restrictions. Dennis De Franceschi, 212 N.W. 17th Street, Delrav Beach (lived here for 37 years), strongly opposes these restrictions and stated his lot is so small that if these restrictions take place he cannot expand on it anymore. Mr. De Franceschi stated between N.W. 15th Street and N.W. 18th Street there is a whole section of small lots and it would definitely restrict people. He asked that everyone respect these property owners. Livia Burns, 2005 N.W. 4t'' Avenue, Delrav Beach, stated she and her husband urge the Commission to support the proposed residential guidelines for the Lake Ida Neighborhood. Mrs. Burns stated prior to moving to Delray Beach in 2003 Winter Park (her husband grew up) and Coral Gables (Livia grew up) both of which have had vigorous building requirements more so than those proposed by the Lake Ida Property Owners Association. She stated it was their impression then that those regulations not only enhance property values significantly but they made those communities the most sought after and attractive addresses. She stated they chose to live in Lake Ida because of its uniqueness and charm as well as other similarities. She stated she lives in the northern part of Lake Ida where the larger properties are; however, she did not find her house because it was a larger piece of property but found the neighborhood. Mrs. Burns urged the Commission to vote in favor of the guidelines. Lainiel Lewis, 1098 Hibiscus Lane, Delrav Beach (lived in Delrav Beach for 33 years and Treasury of the Lake Ida Homeowners Association and was also on the Task Force), and noted that they put two years of their lives into the Task Force and everyone was invited to join. She stated 21 people joined and some filtered out and they ended up with 8. She totally supports the guidelines and urged the Commission to support as well. Sue Heglin, 2012 N.W. 2"d Avenue, Delrav Beach (Lakeshore Estates in the north end of Lake Ida), strongly in favor of the guidelines and stated she is on the Task Force and holds a real estate license. She stated these guidelines are very good for the neighborhood and urged the Commission to support. Vickie Garland Burke, 1516 Lake Drive, Delrav Beach (born and raised in Delrav Beach), strongly against the restrictions because she would like to build a larger home to accommodate her father, mother-in-law, and father-in-law who are all ill. She stated the Lake Ida Homeowners Association/Task Force has nerve to tell her what size home to build. -30- 06/03/08 Sally Wheeler, 2001 N.W. 4t'' Avenue, Delray Beach (lived in Delrav Beach since 1981 and a member of the Lake Ida Property Owners Association), stated she is opposed to the restrictions and expressed concern that at the last Planning and Zoning Board Meeting at least four of the members said that this is a good start. She does not feel that Lake Ida needs an overlay district and since neither side seems to trust the other surveys she suggested surveying everybody and taking a vote for the entire neighborhood. Arthur Parsons, 714 Sunshine Drive, Delrav Beach (has lived in Delrav Beach since 1973 and bought his home on Sunshine Drive in 1974), stated he and his dad were builders so back in those days they bought five homes. Mr. Parsons stated he is no longer a builder and noted he is against the restrictions. Mike Cruz, 1510 North Swinton Avenue, Delrav Beach (President of the Lake Ida Homeowners Association for approximately six years and part of the Task Force that developed these Guidelines), stated the Task Force did this with some surveys that indicated to them that the majority of the people who showed up at these meetings were for these type of guidelines. He stated he does not feel a survey would produce an accurate response from people. Mr. Cruz stated the group that is present this evening and who have attended the other meetings is probably the same percentage for and against and is a good indication of where the neighborhood stands. He urged the Commission to support the restrictions. Steve Rosenthal, 1700 Lake Drive, Delrav Beach, stated he is not in favor of the restrictions and does not really consider these as guidelines. He stated a group of people got together and decided that they were going to tell people what to do with your house if you buy next to me. Mr. Rosenthal stated the socio-economic drive of the community will dictate the size of the house. He stated everyone has the ability to build five feet to the end of the lot or five feet to the side of the lot but does not feel anyone is going to do that because resale is very important especially to builders. Mr. Rosenthal stated that Delray Beach has gone through a lot of change and times do change. He stated this is a great community and everyone will do what needs to be done properly. Mr. Rosenthal reiterated that he is opposed to the restrictions. John Cahorshak, 616 N.W. 13th Street, Delrav Beach (builder whose home is the second McMansion and has lived there for five years), stated he feels that most of the people probably do not know what FAR means and do not know what the present restrictions are that are enforced in Delray Beach. He feels that some of the neighbors who cannot be present this evening need to be educated and let them understand what the restrictions really are and look at the guidelines that are there presently and realize that the people who put those guidelines in place probably knew what they were doing when they did it. Mr. Cahorshak stated he took it upon himself to properly landscape his yard so that he is not looking into his neighbor's yard and welcomed everyone to come see his home. He and his wife are strongly opposed to the restrictions. -31- 06/03/08 Lisa Simescu, 1115 N.W. 6t'' Avenue, Delray Beach, stated they just added an addition that is 1,600 square feet and it is her understanding that they would still be able to do that. She stated originally she was opposed just because she heard the word "restrictions". However, Mrs. Simescu stated after reading, educating herself, and understanding the terminology she is totally for the guidelines. D. Burke (did not state his address for the record nor did he sign in), stated he made sure when he moved into the neighborhood it did not have a homeowners association. He stated he moved into this neighborhood because there are small houses, big house, and medium houses. He stated he has worked hard for 25 years saving to have a large house and most people save a lifetime to build the home that they want. He stated he respects the people who want the guidelines; however, he did not move into a community with guard gates. He is strongly opposed to the guidelines. Kathleen Alderman, 1714 Lake Drive, Delrav Beach, stated she supports the guidelines. Barbara Tkac, 1095 Hibiscus Lane, Delrav Beach, stated she attended the last meeting and after the last meeting she went home and mulled over the things for and against (restrictions vs. guidelines). She stated change is always something that should be discussed and all sides should be heard in a democracy which has gone on here. However, Mrs. Tkac stated in a democratic country you do need rules, laws, and restrictions or there could be chaos. She stated she has lived in few places in her lifetime that compare to her Lake Ida residence and the many truly wonderful neighbors that welcomed her and her family when they moved there. Mrs. Tkac stated the resounding word she has heard from her neighbors on Hibiscus area is that they are all for these guidelines being changed urged the Commission to support these restrictions. Joann Peart, 107 N.W. 9t'' Street, Delrav Beach (President of the Lake Ida Property Owners Association), stated it is not true that they did not do further restrictions because they could not raise the money. Mrs. Peart stated they did not raise the money because people did not want further restrictions. She stated people came to the meetings and expressed that they were concerned about mass and scale but do not tell us what kind of house to build and what color to paint it. Mrs. Peart stated the City does not have Land Development Regulations that address mansionization because we did not have mansions. She stated this started in 1996 in Delray just on the beach and the Intracoastal. Mrs. Peart stated some people attended the Beach Property Owners Association Meetings and they were eager to share what they had learned with Lake Ida and they were hoping other neighborhoods would follow their example. Mrs. Peart stated the role of the Lake Ida Homeowners Association played is the vehicle for the dissemination of information. She stated the membership committee walked door-to- door and left flyers on everybody's door and noted that every piece of mail in this period of time went out to over 700 people. The first two meetings were held at the Community Center but there were too many people so the third meeting was held in the Commission Chambers at City Hall. The fourth meeting was actually a party to make money for Design Guidelines and talk about Design Guidelines at the Ferrer's House. -32- 06/03/08 Dr. Joseph Ferrer (has a Masters Degree in Urban Planning) 1420 North Swinton Avenue, Delrav Beach, stated the challenge is not whether we agree to these guidelines or not but the Commission has challenged residents day in and day out to participate in what we do in this community. He stated the City has a phenomenal Planning and Zoning division that gave hundreds of hours to working with committees for over two years. Dr. Ferrer stated if the Commission votes these guidelines down he feels the Commission should not expect other citizens or community groups to come out and help the Planning and Zoning Department in the City to make decisions. He stated staff is making the recommendation based upon the input from a community that got involved for the last two years. Dr. Ferrer stated if the Commission votes this down then they have turned the staff down and have turned down other volunteer groups to get involved. Marcia Miller, 1906 North Swinton Avenue, Delrav Beach (next to The Church of the Palms), stated they built a small house 41 years ago and supports the guidelines. She stated the neighborhood is wonderful and does not want to be overwhelmed by large homes where people come in from somewhere else and they do not want to be part of the community and they just want to flip their properties later on. Mariorie Ferrer, 1420 North Swinton Avenue, Delrav Beach, stated having been involved in downtown redevelopment intimately for 15 years a downtown is made up of not just the commercial but residential as well. She stated she is proud to state that she lives downtown and noted that Lake Ida is a downtown residential community. Mrs. Ferrer stated she was part of the Task Force and supports the guidelines. She strongly recommended that the Commission accept the guidelines. Peter Troup, 21 N.W. 17th Court, Delrav Beach, stated he grew up in Delray Beach and has worked very hard to purchase a house in Lake Ida. He urged the City Commission to go through what is being proposed because it is not necessarily going to stop what everyone here is talking about. Mr. Troup stated he is opposed to the restrictions because he does not believe that they are doing what people think that they are going to do. He stated the reason that a lot of people bought in Lake Ida is because they attended high school here or grew up playing in some of those neighborhoods, and because there is no HOA. Mr. Troup stated the reason many of the people have not joined the Property Association is because everyone promised each other when growing up that none of them would ever be a part of an HOA. There being no one else who wished to address the Commission regarding Ordinance No. 24-08, the public hearing was closed. Mayor Ellis thanked everyone for attending this evening and stated there will be a second reading/second public hearing scheduled for June 17, 2008 at 7:00 p.m. The City Attorney stated the motion would be to approve the staff version of Ordinance No. 24-08 and then it would be with the change brought up by Commissioner Montague to Item 2.F. to make sure it refers to "upper floors" not "second story" and also the wording that Mark McDonnell distributed for clarification. - 33 - 06/03/08 Mrs. Montague asked if the waterfront properties are included. Mr. McDonnell stated the waterfront properties are included. Prior to the vote, Mr. Fetzer stated he lives in Tropic Isle and noted that there are some parallels between Tropic Isle and Lake Ida. He stated Tropic Isle has a civic association that is voluntary as Lake Ida does and unfortunately it is difficult to get half of the residents to join. Mr. Fetzer stated approximately three years ago he was Chairman of the Tropic Isle Civic Association when the Beach Property Owners Association was going through all of their planning and work on their Design Guidelines. He stated Tropic Isle chose not to go forth and do something similar to the beach. He stated Tropic Isle still has a lot of massive building going on that is in his opinion an example of what may happen if there are no Design Guidelines in place. Mr. Fetzer stated at least they considered it and respects the Lake Ida volunteers for their efforts in trying to get the community involved to address some of these issues. Mr. Fetzer stated in what he has heard tonight in trying to understand the core of what everyone believes in he supports moving this ordinance to second reading. Mr. Eliopoulos stated this has been a long process and complimented Lake Ida for being respectful to each other regardless of which way they want this to go. He stated it is the duty of the City and the City Commission to do the right thing for the citizens of Delray Beach. Mr. Eliopoulos stated the Commission has to look at every single neighborhood and see how it affects the entire City. In 1996, he stated the Commission (who he feels did a great job during their terms) put together a Mansionization Task Force and at that time through it back to the communities to decide what is right for you. Mr. Eliopoulos stated the problem with that is you start getting neighbors against neighbors and people butt up against each other whether they have the right or wrong information. Mr. Eliopoulos stated with regard to this Task that was put together by Lake Ida it was definitely put out to everybody. He stated as an architect he agrees with guidelines and is looking at it from the perspective of what is good for the community as a whole. Mr. Eliopoulos stated in 2006 and 2007 the Palm Beach Post printed 3 articles on Lake Ida and the Sun-Sentinel printed 3 articles on Lake Ida. He stated Channel 5 and Channel 12 were at the meetings. He stated after those meetings he was approached by Boca Raton and Deerfield Beach to do Design Guidelines for neighborhoods in those areas and the week after he received a call from the New York Times saying that they wanted to know what was going on in Florida because they were having problems in Long Island. Mr. Eliopoulos stated the word was out regarding Lake Ida. Mr. Eliopoulos stated there is a fee for the Beach Property Owners Association ($800.00 to review the drawings before Planning and Zoning even gets it) and thought that was what Lake Ida did not want. He stated Urban Design Studios was here; however, their fee was going to be $20,000.00. Mr. Eliopoulos stated what the beach owners had was the money and the third party who was educating everyone. He stated the Beach Property Owners Association had more participation and they were concerned about their property values. For the record, Mr. Eliopoulos stated not only was this done in 1996 but this was also done with the Beach Property Owners and noted that guidelines do not bring down property values and commented that they either hold their value or increase it. Mr. Eliopoulos stated as big houses go up the value of small houses decrease -34- 06/03/08 in value. He feels that the City should have stepped in to see how they wanted to handle all the neighborhoods and this way there would not be neighbors against neighbors. Mrs. Montague asked for clarification from an individual who spoke and whether or not he is for or against the restrictions. He stated that he is very much for the restrictions. Mrs. Montague stated she spoke with members of Planning and Zoning and these are all people who make their living by building bigger houses. She stated others chose to live in Delray Beach with 48 foot height restrictions and conditional use 60 feet. Mrs. Montague stated as a realtor she is a huge proponent of property rights versus integrity of your neighborhood and integrity of this city. She stated for the last ten years she has lived in Delray Beach she has tried to maintain a certain level of quality of life throughout the community. Mrs. Montague stated we do that by allowing the freedom of speech among the individuals that live in their particular neighborhoods. She stated this community has worked for two years with some guidelines that were not intrusive and allowed individuality but protected a certain quality of life. Mrs. Montague stated she supports the guidelines. Mr. McDuffie stated he sees friendly faces on both sides of this issue and noted this is a very difficult decision. He stated he too has been in Delray Beach his entire life. Mr. McDuffie stated development of any kind, rules of any kind, and restrictions of any kind are very passionate issues not just to our community but any place you go. He stated his vocational is an appraiser and runs the data center for the Palm Beach County Property Appraiser and therefore they appraise everyone's homes. Mr. McDuffie stated guidelines do not drive prices down. He stated there are some things that have happened in the State of Florida that have been unprecedented in the history of appraisal predominantly in the waterfront areas and it is because some of the other waterfront neighborhoods did not place guidelines of any kind on those neighborhoods. As a result, for the first time in the history of appraisal in about 2004/2005 a lady by the name of Joy Hern in his office wrote a white paper that the International Association of Assessing Officers published that for the first time in history and improvement devalued the land. He stated the reason for that being is because people were going to come in buy two or three lots and bulldoze everything that was there and build that 20,000/25,000 square foot home. Mr. McDuffie stated this went on for a number of years unchecked and all the small lots on the Intracoastal and the finger canals all through southeast Florida disappeared. He stated there was an outcry out of Tropic Isles that people were being taxed out of their homes and with absent guidelines, things like that begin to happen. Mr. McDuffie stated he does not believe in restricting anyone's property rights; however, in this case he truly believes that in order to maintain and protect your neighborhood, to keep it the wonderful place you want to raise your children, to stop people from knocking down 3 or 4 1,800 square foot houses to build a 10,000 or 15,000 square foot house, then something needs to be done. Mr. McDuffie concurs with Commissioner Eliopoulos that this Commission at one time or another missed the boat in not doing it when it should have been done and it has pitted one neighbor against the other which is a sad thing to see. He thanked everyone for the way they conducted themselves this evening and suggested that staff needs to work to clarify - 35 - 06/03/08 this because there are three different versions of this ordinance and hopefully get that published in time for all of these people to review it for the next time this hearing is held (June 17, 2008). Mr. McDuffie stated he will support this ordinance on the first reading. Mayor Ellis thanked everyone for coming and stated she lived in a house built in 1926 in the Lake Ida neighborhood for 18 years on three lots that a few years ago was torn down and replaced with two houses. She satin her car in front of that house and cried for 30 minutes because it was so devastating to her. Mayor Ellis stated things change and when she had the opportunity to buy this little house on the beach and they started talking about Design Guidelines she also put 2 '/z years of her life into a Task Force to develop those Design Guidelines. She stated they put their own money into it and brought in a consultant to try to help them and it is exactly the struggle the Lake Ida Property Owners have been through. Mayor Ellis stated she does not think it makes that much difference about how much the house costs because it is still neighbors who believe one way against others. Mayor Ellis stated she is going to support this ordinance on first reading. Mr. Fetzer moved to approve Ordinance No. 24-08 as amended per staff s recommendations, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission took a ten minute break. 10.C. ORDINANCE NO. 26-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) amending Section 4.3.3, "Special Requirements for Specific Uses", Subsection (S), "Telecommunications Towers and Antennas", Subsection (2), "Freestanding Telecommunication Towers" to add Barwick Park and Lakeview Golf Course properties to allow monopoles. If passed, a second public hearing will be scheduled for June 17, 2008. The caption of Ordinance No. 26-08 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 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (S), "TELECOMMUNICATION TOWERS AND ANTENNAS", SUB-SUBSECTION (2), "FREESTANDING TELECOMMUNICATION TOWERS", TO ADD BARWICK PARK AND LAKEVIEW GOLF COURSE PROPERTIES TO ALLOW MONOPOLES; PROVIDING A SAVING CLAUSE, A -36- 06/03/08 GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26-08 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. Mark McDonnell, Assistant Director of Planning and Zoning, stated this would add Barwick Park and Lakeview Golf Course to the list of public properties where freestanding telecommunication monopoles would be permitted. The current list of public properties include: (1) Miller Park, (2) Delray Beach Municipal Golf Course, 3) Public Works Complex, (4) South Central Regional Wastewater Treatment Facility. At its meeting of May 19, 2008, the text amendment was considered by the Planning and Zoning Board. One member of the public spoke on the issue did not feel that another tower was justified in such close proximity to the tower currently located adjacent to Fire Station #4. The Board unanimously recommended approval with a 7 to 0 vote to add Lakeview Golf Course only to the public properties list. Robert A. Barcinski, Assistant City Manager, stated the other tower is the Wi-Fi tower (approximately 50 feet) that does not work at the station and staff is trying to have discussions with the company who wished to locate there as to whether the City can locate on their tower. Mayor Ellis declared the public hearing open. Alice Finst, 707 Place Tavant, Delray Beach, urged the Commission to deny this additional telecommunications tower for Barwick Park. She stated this is a very small park and noted that it is not one antenna it is plural and it was denied by the Planning and Zoning Board specifically for Barwick Park with a vote of 7 to 0. Mrs. Finst stated if there is an urgent need to put up an antenna in the vicinity she suggested that the City look at the City owned land at Congress Avenue and Lake Ida Road. She urged the Commission to remove Barwick Park from a location for one or more antenna. M. Pierre, representative from T-Mobile, stated the tower itself will be a 90 foot flagpole and should meet all requirements such as setbacks. She stated they will also discuss the Wi-Fi and replacing the existing tower. Therefore, Ms. Pierre stated there will not be any collection of towers and urged the Commission to approve it for Barwick Park as well. There being no one else who would like to address the Commission regarding Ordinance No. 26-08, the public hearing was closed. -37- 06/03/08 Mr. Barcinski stated staff has negotiated the price, terms, and the conditions of the agreement. Mrs. Montague inquired about the Barwick Park tower if the City has the Fire Station tower. Mr. Barcinski stated the City's tower just serves the City and T- Mobile is a cell tower that would serve their customers and they may have co-locators of other cell companies who might be serviced where the City would receive revenue from. Mr. Barcinski stated T-Mobile would own the tower and it would be a revenue source for the City. Mr. McDuffie commented that the only consideration is whether the City can co-locate our Wi-Fi on their tower. Mr. Fetzer moved to adopt Ordinance No. 26-08 on First Reading/First Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 25-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) amending Section 4.7.8, "Resale and Subsequent Rentals of Affordable Units", to expand the circumstances in which title may be transferred without restriction. If passed, a second public hearing will be scheduled for June 17, 2008. The caption of Ordinance No. 25-08 is as follows: office). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.7.8, "RESALE AND SUBSEQUENT RENTALS OF AFFORDABLE UNITS" TO EXPAND THE CIRCUMSTANCES IN WHICH TITLE MAY BE TRANSFERRED WITHOUT RESTRICTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-08 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. Mark McDonnell, Assistant Director of Planning and Zoning, stated this amendment simplifies language allowing transfer when the owner of a unit dies and removes references to spouses, offspring, or divorce. -38- 06/03/08 At its meeting of May 19, 2008, the Planning and Zoning Board recommended approval with a 7 to 0 vote, by finding it consistent with the Comprehensive Plan. Staff recommends approval. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 25-08, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 25-08 on First Reading/First Public Hearing, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 27-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) amending Section 4.6.6, "Commercial and Industrial Uses to Operate Within A Building", Subsection "A", "Intent', in order to clarify that all commercial and industrial uses shall conduct business inside regardless of zoning district. If passed, a second public hearing will be scheduled for June 17, 2008. office). The caption of Ordinance No. 27-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.6.6, "COMMERCIAL AND INDUSTRIAL USES TO OPERATE WITHIN A BUILDING", SUBSECTION "A", "INTENT", IN ORDER TO CLARIFY THAT ALL COMMERCIAL AND INDUSTRIAL USES SHALL CONDUCT BUSINESS INSIDE REGARDLESS OF ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-08 is on file in the City Clerk's 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. Mark McDonnell, Assistant Director of Planning and Zoning, stated the text amendment was considered by the Planning and Zoning Board on May 19, 2008 and the Board recommended approval with a 7 to 0 vote. He stated requiring industrial and commercial business to be conducted entirely inside and whether or not you could have the outdoor display of retail services and goods. Mr. McDonnell stated there is a -39- 06/03/08 provision in the Code that specifically addresses outdoor display of retail. He stated you can have 10% of the inventory area of the inside outside of your building and this does not affect that. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 27-08, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 27-08 on First Reading/First Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 08-08: An ordinance repealing, in its entirety, Chapter 57, "Right-of--Way Application Process For Communications Facilities", of the Code of Ordinances and enacting a new Chapter 57, "Communications Facilities in Public Right-of-Way", to provide the terms and conditions for the erecting, constructing, and maintaining of a communications facility in the City's public right-of--way for the provision of communications service. The caption of Ordinance No. 08-08 is as follows: office). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING, IN ITS ENTIRETY, CHAPTER 57, "RIGHT-OF-WAY APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES" OF THE CODE OF ORDINANCES AND ENACTING A NEW CHAPTER 57, "COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY"; TO PROVIDE THE TERMS AND CONDITIONS FOR THE ERECTING, CONSTRUCTING, AND MAINTAINING OF A COMMUNICATIONS FACILITY IN THE CITY' S PUBLIC RIGHTS-OF-WAY FOR THE PROVISION OF COMMUNICATIONS SERVICE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 08-08 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. -40- 06/03/08 Brian Shutt, Assistant City Attorney, stated when the Consumer Choice Act of 2007 came out that essentially took the franchising for cable franchises away from local government and put it in the States hands. Mr. Shutt stated staff modified the ordinance to have that change in there and make reference to that act. He stated staff also made certain that other changes regarding a security fund or construction fund and changed some enforcement remedies and some general housekeeping measures on the entire ordinance. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 08-08, the public hearing was closed. Mr. McDuffie moved to adopt Ordinance No. 08-08 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 21-08: An ordinance amending Chapter 36, "Finance; City Property Transactions", Section 36.01, "Compliance With Standard Practice Instructions", by providing that bidding for Community Development Block Grant projects shall be included as an exception from the Standard Practice Instruction. The caption of Ordinance No. 21-08 is as follows: office). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", SECTION 36.01, "COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS", BY PROVIDING THAT BIDDING FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS SHALL BE INCLUDED AS AN EXCEPTION FROM THE STANDARD PRACTICE INSTRUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-08 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. -41 - 06/03/08 Terrill Pyburn, Assistant City Attorney, stated this ordinance was created to make the City's Code of Ordinances more consistent with our current practices with regard to Community Development Block Grant (CDBG) Block Grants as well as the standard language provided in the grant. Mayor Ellis declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Ordinance No. 21-08, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 21-08 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. Robert Barcinski, Acting City Manager, had no response to prior public comments and inquiries. 11. From the Public. 11.B.1. Brad Bowman, 630 Curlew Road, Delray Beach, stated approximately a year ago (Apri12007) he met with the City Manager and Finance Director at the Chamber of Commerce, Wi-Fi vendor E-Path Communications, Cisco, Technology Committee members, and the Chair of the Technology Committee at that time was Todd L'Herrou. Mr. Bowman stated this special meeting was called due to the concerns he had and also concerns relative to his constituents had about the pending Wi-Fi Agreement with E-Path Communications and their lack of experience with large scale broadband wireless deployments and the fact that they were going to litter this great city with Wi-Fi radios and transmitters and their lack of vision regarding their digital divide inclusion and literacy initiatives for our under serviced. However, per Mr. L'Herrou's recommendation, Mr. Bowman stated the newly elected Commission that took office just one month prior to this agreement decided to move forward with E-Path based on Mr. L'Herrou's recommendation and the diligence performed by the past Commission. Mr. Bowman stated the City Commission terminated that agreement May 6, 2008 and after long delays the absence of any partial working network in the downtown corridor and the never ending excuses regarding E-Path's ability to secure FPL pole attachments for the numerous Wi-Fi radios. In anticipation of this termination, Mr. Bowman stated he has worked over the last year to perform extensive and exhaustive research and due diligence on the broadband wireless market place and the events and product that are presented to the market and has consolidated this information at a website called: AccessDelray.org and noted that this website was immediately launched after the termination of the E-Path -42- 06/03/08 agreement on May 6, 2008. Mr. Bowman stated this website has generated a lot of positive feedback in reactions within the market place to the point that major players within the broadband wireless arena are very interested in working with the City of Delray Beach to deploy astate-of--the-art citywide broadband wireless system. These companies include Motorola, Cisco, and Strix Systems in the wireless mesh arena. Mr. Bowman stated Cisco had terminated their relationship with E-Path months ago and is now back at the table desiring an invitation to negotiate. He stated other companies also desiring invitations to negotiate includes WiMax industry leaders, AirSpan (Boca Raton), Alvarion, Aperto, Redline, and Solectek and these are all industry leaders in the manufacturing of equipment and deployment of large scale WiMax networks and they are all interested in what is going on in Delray. Mr. Bowman stated he wanted to take this opportunity to assure the Commission that there is every reason to become re-energized, refocused and excited about the immediate opportunities that our City may realize in the new WiMax arena and to be one of the first destination markets in the United States to launch a 3.65 gigahertz WiMax network for our citizenry, local businesses, public safety, visitors, government officials and municipal departments. He further stated that if the City so desires he would be happy to make available all the research and diligence that he has gathered and provide it to our IT Department and City Commission for review. He stated that most of this information can be found at AccessDelray.org and encouraged the City to start there if we want to perform our own diligence processes either to the IT Department or the City Commission and this is a great starting point. Mr. Bowman encouraged the City to move forward and schedule a public workshop with roundtable discussions and to invite the public participation. 12. FIRST READINGS: 12.A. None. At this point, Mr. Fetzer moved to approve to extend the City Commission Meeting beyond 11:00 p.m., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9.D. WAIVER REQUEST/IBM SOUTHEAST EMPLOYEES FEDERAL CREDIT UNION: Consider a waiver request to waive Land Development Regulations (LDR) Sections 4.6.8(B)(3)(c), "Illumination Levels and Uniformity", to allow illumination levels greater than 4 foot candles within the parking areas for the IBM Southeast Employees Federal Credit Union located within the Delray Park of Commerce at the northeast corner of Congress Avenue and Lake Ida Road (1000 N.W. 17th Avenue). (Quasi-Judicial Hearing) Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals who wished to give testimony on this item. - 43 - 06/03/08 Mayor asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Mark McDonnell, Assistant Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-133 into the record. Mark McDonnell, Assistant Director of Planning and Zoning, stated this is consideration of a waiver with regard to lighting intensity. The Land Development Regulations with regard to a Class III Site Plan modification for IBM Southeast Credit Union. The maximum foot candle allowed per the City's Land Development Regulations is a 4 foot candle. The subject property consists of a portion of Tract N of the Delray Park of Commerce and contains 3.035 acres. The property contains an existing 23,000 square foot office building that was formerly occupied by Florida Power and Light. At its meeting of May 14, 2008, the Site Plan Review and Appearance Board (SPRAB) approved the Class III site plan modification for IBM Southeast Employee Credit Union. The development proposal consists of the conversion of 2,960 square feet of the office building to a financial institution and construction of two additional drive-through lanes. The remaining portion of the building will be occupied by the regional corporate offices of the credit union. The Site Plan Review and Appearance Board (SPRAB) considered the waiver and recommended approval. The applicant is proposing 17.8 foot candles and has provided a justification statement. The State Statutes require that a minimum illumination level of 10 foot candles be provided at an automated teller machine and that this extend five feet from the machine. It is noted that the illumination level exceeds 10 foot candles beneath the canopy and that it extends beyond the five-foot distance. Thus, a waiver is still necessary. It is noted that the illumination levels within bank drive through lanes are typically greater for safety purposes and the light fixtures are completely recessed into the ceiling of the structure so that they will not produce a public safety issue with regard to glare. Mr. McDonnell stated this is consistent with the Comprehensive Plan and staff recommends approval of the waiver request. Nicole Simpson, Kilday & Associates (Applicant), stated she is present to answer any questions the Commission may have. She stated they agree with staff and SPRAB's recommendation of approval of this waiver. Mayor Ellis there being no one else from the public who would like to speak in favor or in opposition of the waiver request, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). -44- 06/03/08 Mr. McDuffie moved to adopt the Board Order as presented, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.E. IN-LIEU PARKING FEE AGREEMENT/TAVERNA EROS: Consider a request to approve an In-Lieu Parking Fee Payment Agreement in the amount of $62,400.00 for the in-lieu spaces recently approved for Taverna Eros located at 8 East Atlantic Avenue. Scott Aronson, Parking Management Specialist, stated at its meeting of January 15, 2008, the City Commission approved a request from Taverna Eros for four (4) in-lieu parking spaces in the amount of $62,400. At the time of approval, the presentation emphasized that payment would be made upon issuance of the building permit as the applicant was the tenant of the property. The owner of the property has contacted staff and is now requesting to pay for the approved spaces in accordance with Land Development Regulations Section 4.6.9(E)(3)(d) via an In-Lieu of Parking Fee Agreement, which requires 50% payment ($31,200) upon signing of the agreement with two (2) subsequent payments of 25% ($15,600), on the second and third anniversaries of the agreement. Considering the in-lieu of parking spaces remain with the property in perpetuity, thereby benefiting the owner of the property staff supports the applicant's request. At its meeting of May 27, 2008, the Parking Management Advisory Board (PMAB) recommended approval. Mr. McDuffie moved to approve the In-Lieu Parking Fee Payment Agreement in the amount of $62,400 for Taverna Eros, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.F. BIDDING SCOPE/MILLER PARK: Consider approval of a proposed a limited scope of improvements for Miller Park to be identified as the base bid in bid documents to be advertised for competitive bids with add alternate items as presented. Richard Hasko, Director of Environmental Services, stated there were some budgetary issues with regard to the Miller Park Project when they received the Guaranteed Maximum Price (GMP) quote from the CM. The City Commission approved the discontinuation of that contract at that point. Staff was going to get a competitive bidding specification for this project basically trying to develop a base bid that they felt comfortable they could do within the budgetary constraints and then have a series of add alternates and see where they come in and give staff options of what they may be able to award. - 45 - 06/03/08 Mike Kerry, Kimley-Horn and Associates, Inc., stated when the CM price came in back in February ($7.5 million) it was obviously over the budget. The decision was made to change delivery methods from a CM At Risk to a traditional bid build method. He stated this is a good suggestion primarily because of the economy and the way things have slowed down and the marketplace has become much more competitive in the last few years. Mr. Kerry stated in discussion with another contractor who competed for the project originally and has subsequently stayed interested in the project feels that the City could save at least 10% over the original proposal. He stated they then started the process of developing a base bid with a series of add alternates with the understanding that they had $5-$5.5 million to spend. He stated the first base bid item is estimated at $3.1 million. Mr. Kerry stated for the initial base bid they are proposing to build the Miracle League Facility (includes a restroom facility, parking, two new fields, and the concession stand/community center). He stated for the first add alternate they would add another field, a skinned infield practice facility and some parking which would bring them up to about $4-$4.5 million. He stated the second add alternate would be the final field and the final parking area including a storage building. The entire project is estimated at $6.5 million which would include the improvements to Little Fenway which is primarily fencing and improvements. He stated they would build the bid plus add alternates and they could add alternates such as batting cages, site furniture, landscaping, etc. until the bids came in and saw what the prices were then the City could make a decision on what items they wanted to build in accordance with the amount of money in the budget. Mr. McDuffie asked if the private funding was taken into consideration available for the Miracle Field. In response, Mr. Hasko stated those funds were included in the revenue side of staff's projections. Mrs. Montague stated by building it this way is there any disruption in what exists now. Mr. Eliopoulos stated they are bidding it this way not building it this way. Mrs. Montague asked what the timeframe is for the first phase. In response, Mr. Kerry stated it is estimated one year for the entire project so the first phase would probably be completed in approximately 7 months. Mr. Kerry stated the first phase has two buildings in it which are generally the critical path to the building construction items. Brief discussion between Mr. McDuffie and Mr. Kerry followed. Mr. McDuffie expressed concern that when this project begins it will require the tear out of Field 1, Field 3, Field 5, Field 5 South, and part of the parking lot. He stated this will basically disable everything except for Fenway and Sergio because the entire middle will be taken out. Mr. Kerry stated for playing purposes four (4) fields will be lost. Mr. McDuffie stated he is concerned when the City will get those fields back because the City has worked very hard to combine two Little Leagues into one and hopefully the growth is going to take the City to the point where we will need these things. Mr. McDuffie stated he understands funding is an issue but he just wondered when the City would get backup to the point where players can get back into that facility. Mr. Kerry stated they will try to minimize the impact as much as possible and one of -46- 06/03/08 things that the CM At Risk did want to do was to close the entire park and accelerate the contract; however, they never got to the point of signing the contract to do that. NIr. McDuffie stated there are other sanctioning bodies that play there in addition to the Little League as well as Atlantic High School as well as other organizations that play on the big fields so hopefully they can keep access. Mr. McDuffie stated he would like to report this back to the baseball Boards so they will have some idea of when they can expect to be back in the facility. He stated they are currently playing at Pompey Park which accommodates the Little League capacity; however, it does not do anything for American Legion ball or the high school players. Mr. Hasko stated to get the bid documents complete and get it advertised sometime in July then staff will be back to the Commission mid to late September and start construction sometime in November. Mr. Hasko stated the construction time is difficult to say right now because it depends how much bid the City awards and how much they build. He stated it could take 6-8 months. NIr. McDuffie stated we can expect to lose fall ball this year, spring ball next year and fall ball next year (probably three seasons for Little League before being back up operating). Mr. McDuffie stated as soon as NIr. Kerry knows an exact timeline he would appreciate being informed so that he can go back and tell all the League Boards. Mr. McDuffie moved to approve advertising for competitive bids using the base bid scope and alternate items as presented, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, Commissioner Montague left the dais. 9.G. SETTLEMENT OFFER IN ROBERT HAUPTFUHRER v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $726,300.00 in Robert Hauptfuhrer v. City of Delray Beach. Staff recommends denial. The City Attorney stated this item has been before the City Commission previously and they approved a counteroffer of $25,000.00 and they have come back with an offer of $726,300.00. Staff recommends denial of the settlement offer. Mr. Eliopoulos moved to DENY the Settlement Offer in the total amount of $726,300.00 in Robert Hauptfuhrer v. City of Delray Beach, seconded by NIr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis - Yes; NIr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion to DENY the Settlement Offer was passed with a 4 to 0 vote. At this point, Commissioner Montague returned to the dais. -47- 06/03/08 9.H. SETTLEMENT OFFER IN ROBERT GROCHMAL v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $12,500.00 in Robert Grochmal v. City of Delray Beach. Staff recommends approval. The City Attorney stated this is an automobile accident case involving a Police Officer and the plaintiff Robert Grochmal. Staff recommends approval of the Settlement Offer. Mrs. Montague moved to approve the Settlement Offer in the amount of $12,500.00 in Robert Grochmal v. City of Delray Beach, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion to approve the Settlement Offer was passed with a 5 to 0 vote. 9.I. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board to serve an unexpired term ending January 14, 2010. Based upon the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3). Mr. McDuffie moved to reappoint George Thacker as a regular member to the Code Enforcement Board for an unexpired term ending January 14, 2010, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9_J. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year term ending June 30, 2010. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). Mrs. Montague moved to reappoint Adam Frankel as a regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year term ending June 30, 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; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager Robert Barcinski, Acting City Manager, had no comments and inquiries on non-agenda items. - 48 - 06/03/08 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments and inquiries on non-agenda items. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos had no comments and inquiries on non-agenda items. 13.C.3. Mr. McDuffie Mr. McDuffie had no comments and inquiries on non-agenda items. 13.C.4. Mrs. Montague Mrs. Montague commented about the death of Carolyn Holder who worked with the Community Redevelopment Agency (CRA) and has been a very strong leader and advocate in the community for many years. Mrs. Montague stated Ms. Holder passed away last weekend and the wake is being held at Shuler's Memorial Chapel on Friday evening and the funeral will be held on Saturday, June 7, 2008 at 11:00 a.m. Secondly, Mrs. Montague stated Delores Rangel's daughter Melissa Rangel has received a Valor Heroism Wartime Army Achievement Medal in her fourth tour in Iraq. Mrs. Montague congratulated the Rangel family. Lastly, Mrs. Montague stated CNN may be announcing that Barack Obama as the Presidential Nominee for the Democratic Party which is history in the making. 13.C.5. Mayor Ellis Mayor Ellis thanked everyone for hanging in there tonight. There being no further business, Mayor Ellis declared the meeting adjourned at 11:21 p.m. -49- 06/03/08 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 June 3, 2008, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -50- 06/03/08 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ON A RECONSIDERATION OF THE MARCH 18, 2008 COMMISSION DECISION UPHOLDING AN APPEAL OF THE 2127108 SPRAB APPROVAL OF THE SPECIAL ACTION REQUESTED BY OFFICE DEPOTICVS 1. The City Commission voted to reconsider its decision of March 18, 2008 upholding the appeal (which had the effect of denying the parking reduction) of SPRAB's February 27, 2008 approval of the special action request. Office DepotICVS came before the City Commission on April 15 seeking a reconsideration. The City Commission agreed on April 15, 2008 that it would reconsider its decision after remanding the matter to SPRAB for review. At its April 23~ 2008 meeting SPRAB approved the revised special action to reduce the required number of parking spaces from 155 to 99. The appeal being reconsidered is scheduled for June 3'~, 2008 and is now before the City Commission for a hearing on the appeal. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the special action request of OfFice Depo#/CVS. All of the evidence is part of the record in this case. 3. Waivers: Pursuant to LDR Section 2.4.7{B){5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c} shall not create an unsafe situation; and (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. 4. Parkins: Pursuant to LDR Section 4.fi.9(C)(3){a), "General Commercial Uses shall provide 4.5 spaces per 1,000 square feet of gross floor area which includes retail floor area, associated warehouse and storage floor area, and employee and management facilities." The applicant desires to reduce the parking spaces at the i+~, as bbl Office Depot/CVS building located at 700 NE 6~' Avenue by 56 spaces {from 155 spaces to 99 spaces (93 on site and fi on street spaces for a total of 99), which equates to a waiver of 31 spaces for the office supply use and a waiver of 25 spaces for the pharmacy use). The proposed Office Dept building contains 19,000 square feet and the proposed CVS building contains 13,012 square feet. Pursuant to Section 4.fi.9(F)(1), "Reduction allowed, when, upon receipt and acceptance of special documentation, it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use, the body which acts on the attendant site plan may reduce the parking requirements accordingly." Should the revised special action request to reduce the required parking spaces from 155 to 99, subject to the following conditions listed below be approved? Yes 0 No 5 The Property shall be occupied and utilized by an office supply use and a pharmacy use {collectively referred to herein as the "Uses") in accordance with the approved Applica#ion for the Project. In the event one or both Uses vacate the Property, Centres, its successors and assigns, shall be restricted to leasing that portion of the Property so vacated to a permissible use that does not require additional parking demands over and above that which is currently required. In the event any proposed new use on the Property creates a greater demand for parking than that which is Curren#ly required, Centres shall be required to submit any and all proposed new uses far review by the City in order to ensure that the City's parking requirements are satisfied. In the event a waiver is required for any such proposed new use, Centres shall file an application for a parking waiver to demonstrate that the parking impacts of the proposed new use have been addressed. However, it is understood that the City may or may not grant the waiver. The City Commission has agreed to waive the parking requirement for 5fi parking spaces, Thus, based on prorated square footages, 55 of the 99 spaces provided, shall be allocated to ofl:ICe supply use( which is a waiver of 31 spaces} and 44 spaces to the pharmacy use( which is a waiver of 25 spaces). In the event one of the Uses ceases, the remaining Use shall continue to operate with 2 the spaces allocated subject to the City's waiver and any new use shall be required to comply with the City's current parking regulations, unless a waiver is granted. If both Uses cease then any new use shall be required to comply with the City's current parking regulations, unless a waiver is obtained. City shall have the right to approve, approve with conditions or deny any future proposed uses on the Property that does not meet the then current City parking requirements. The conditions referenced above shall be effective upon approval of this order. The Restrictive Covenant, including the aforementioned conditions, substantially in the form as Exhibit "A", attached hereto, and as approved by the City Attorney's office shall be recorded upon the closing of the sale of the property to Cen#res Delray, LLC and no building permits shall be issued until such recording. 5. The City Commission has applied the Comprehensive Plan and LDR requirements in exis#ence at the time the original site plan was submitted. fi. 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 which supports the findings set forth in this Order. 7. Based on the entire record before it, the City Commission approves denies X the special action request, subject to the conditions listed, and hereby adopts this Order this 3`~ day of June, 2008, by a vote of 5 in favor and 0 opposed. Mayor ATTEST: e ells Nubin ~/.~~g City Clerk f ~J 3 EXHIBIT "A" TO COMMISSION ORDER Retum to: {enclose self addressed stamped envelope) Name: Scott E. Backman, Esq. Address: Siegel, Lipman, Dunay, Shepard, ~ Miskel, LLP 5355 Town Center Road Suite 801 Boca Raton, Florida 33486 This Instrument Prepared by and return to: Scott E. Backman, Esq. Siegel, Lipman, Dunay, Shepard, &Miskel, LLP 5355 Town Center Road Suite 801 Boca Raton. Florida 33486 THIS LINE FOR PRpCESSING DATA DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants ("Covenant"), made #his day of March, 2008, by Centres Delray, LLC, a Florida limited liability company, having an address of 9130 South Dadeland Boulevard, Miami, FL 33156 {"Centres"), shall be for the benefit of the City of Delray Beach, a Florida Municipal Corporation, with a post office address of 100 N.W. 1S` Avenue, Delray Beach, Florida 33444 {"City"). WITNESSETH: WHEREAS, Centres is the fee simple owner of approximately 2.3 acres of land located at 700 N.E. 6~' Avenue, Delray Beach, FL 33444, and more particularly described in Exhibit "A° attached hereto {"Property"); and WHEREAS, Centres made application to the City for the approval of a site plan application, which included a waiver request for a reduction in the parking requirement {"Application"); and WHEREAS, Centres intends to develop the Property with an office supply use {19,000 square foot Office Depot, which, under the City's parking requirements would 4 need to furnish 86 parking spaces) and a pharmacy use (13,012 square foot CVS Pharmacy, which, under the City's parking requirements would need to furnish fig parking spaces) for a total of 155 spaces ("Project"); and WHEREAS, while the City's parking requirements for the Project require 155 parking spaces, Centres' Application proposes 93 on-site parking spaces and 6 off-site parking spaces for a total of 99 parking spaces for the Project; and WHEREAS, in order to satisfy concerns related to parking demands for potential future users of the Property, the City requested Centres to enter into this Covenant to govern the future utilization of the Property as described herein; and WHEREAS, Centres agrees to grant this Covenant to the City, and the City agrees to accept this Covenant in order to govern future development on the Property following final approval of the Application for the Project. NOW, THEREFORE, in consideration of the promises and covenants herein contained, Centres hereby declares that the Property specifically referenced herein shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions, and regulations hereinafter set forth, all of which shall run with such property and any part thereof and which shall be binding upon all parties having any right, title or interest in such property or any part thereof, their heirs, successors and assigns. 1. Recitations. The recitations set forth above are true and correct and are incorporated into this Covenant by this reference. 2. Use Restrictions. Upon approval of the Application for the Project, use of the Property identil:Ied on Exhibit "A" shall be governed as follows: (a) The Property shall be occupied and utilized by an office supply use and a pharmacy use (collectively referred to herein as the "Uses") in accordance with the approved Application for the Project. (b} In the event one or both Uses vacate the Property, Centres, its successors and assigns, shall be restricted to leasing that portion of the Property so vacated to a permissible use that does not require additional parking demands over and above what is Curren#ly required for the Project. (c} In the event any proposed new use on the Property creates a greater demand for parking than what is currently required far the Project, Centres shall be required to submit any and all proposed new uses for 5 review by the City in order to ensure that the City's parking requirements are satisfied. In the event a waiver is required for any such proposed new use, Centres shall file an application for a parking waiver to demonstrate that the parking impacts of the proposed new use have been addressed. However, it is understood that the City may or may not grant the waiver. The City Commission has agreed to waive the parking requirement for 56 parking spaces, Thus, based on prorated square footages, 55 of the 99 spaces provided shall be allocated to the office supply use (which is a waiver of 31 spaces) and 44 spaces to the pharmacy use (which is a waiver of 25 spaces). The offsite parking spaces shall be shared equally now and if a new use is established. In the event one of the Uses ceases, the remaining Use shall continue to operate with the spaces allocated subjec# to the City's waiver, and any new use shall be required to comply with the City's current parking regulations unless a waiver is granted. If both Uses cease then any new use shall be required to comply with the City's current parking regulations. {d) Nothing contained herein shall in any way impact the parking rights approved for the Project with regard to ei#her of the original Uses, providing one or both Uses continue to exist on the Property. {e) City shall have the right to approve, approve with conditions or deny any future proposed uses on the Property that does not meet the then current City parking requirements. 3. Amendments. This Covenant shall not be further modified, amended or released as to any portion of the Property except by written instrument, executed by the then owner or owners of the portion of the Property affected by such modification, amendment, or release and approved in writing by the City. The appropriate governmental authority of the City shall execute a written instrument effectuating and acknowledging such modification, amendment or release. Any amendment, modification or release of the Covenan# shall be recorded in the Public Records of Palm Beach County, Florida. 4. Recordation and Effective Date. This Covenant shall be recorded in the Public Records of Palm Beach County, Florida by Centres at its sole cost and expense upon closing on the Property. The Covenant shall not become effective until the Covenant is recorded in the Public Records of Palm Beach County, Florida. 5. Severability. If any court of competent jurisdiction shall declare any section, paragraph, or part thereof invalid or unenforceable, then such judgment or B decree shall have no effect on the enforcement or validity of any other section, paragraph or part hereof, and the same shall remain in full force and effect. 6. Captions, Headings and Titles. Articles and paragraph captions, headings and titles inserted throughout this Covenant are intended as a matter of convenience only and in no way shall such captions, headings or titles define, limi# or in any way affect the subject matter or any of the terms and provisions thereunder of the terms and provisions of this Covenant. 7. Context. Whenever the context requires, any pronoun used herein may be deemed to mean the corresponding masculine, feminine or neuter fom~ thereof, and the singular form of any nouns or pronouns herein may be deemed to mean the corresponding plural form thereof and vice versa. 8. Enforcement. The City shall have all rights allowed under law to enforce this Declaration of Restrictive Covenants. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 7 IN WITNESS WHEREOF, Centres has executed this Covenant on the day first above written: WITNESSES: CENTRES CENTRES DELRAY, LLC., a Florida limited liability company (Signature} Print name: Print Name: Title: Address: (Signature} Print name: STATE OF FLORIDA COUNTY OF } } SS. } The foregoing instrument was acknowledged before me this day of March, 2008, by , as of Centres Delray, LLC, a Florida limited liability company, freely and voluntarily on behalf of said corporation. He1She is personally known to me or has produced as identification or is known to me personally. NOTARY PUBLIC: Typed, printed or stamped name of Notary Public EXHIBIT "A" LEGAL DESCRIPTION IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR OFFICE DEPOTICVS DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests, to reduce the visibility #riangle in one loca#ion from 20' to 15 `and in two other locations from 40' to 30', have come before the City Commission on June 3,.2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests #or the Office DepotICVS Development Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 4.6.14{A)(1), a twenty foot {20'} sight visibility triangle shall be provided where an accessway intersects a public right-of-way. The Applicant seeks a waiver to reduce the site visibility triangle to fifteen feet (15'} at the intersection of N.E. 5~' Avenue and the western most ingress and egress driveway of the site. Pursuant to LDR Section 4.6.14(A)(2), a forty foot (40') sight visibility triangle shall be provided where 2 or more public rights-of-way intersect. The Applicant seeks two waivers to reduce the site visibility triangle to thirty feet (30'} at the intersection of N.E. 5"' Avenue and N.E. $~' Street and at the intersection of N.E. 6`~ Avenue and N.E. 7'~ Street. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; 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. Would the waiver of Section 4.6.14(A}(1) to reduce the site visibility #riangle to 15' at the N.E. 5"' Avenue intersection comply with the requirements of 2.4.7(8}{5)? Yes 5 No 0 Would the waiver of Section 4.6.14(A)(2} to reduce the site visibility #riangle to 30' at the N.E. 5~' Avenue and N.E. 8`~ Street intersection comply with the requirements of 2.4.7(8){5)? 1 bI C - 3fa>< l~Q,i~ I Yes 5 No 0 Would the waiver of Section 4.6.14(A)(2) to reduce the site visibility triangle to 30' at the N.E. 6~' Avenue and N.E. 7~' Street intersection comply with the requirements of 2.4.7(8)(5)? Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to suppork 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. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 4.6.14.(A)(1} N.E. 5~' Avenue to 15' X 4.6.14(A){2) NE 5"' Ave1NE 8~' St. to 30' X 4.6.14{A}(2) NE 6~' Ave/NE 8th St. to 30' X fi. Based on the entire record before it, the City Commission hereby adopts this Order this 3"~ day of June, 2008, by a vote of 5 in favor and 0 opposed. ATTEST: Mayor a%~[~`-- C evelle Nubin, City Clerk 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTED BY IBM SOUTHEAST EMPLOYEES FEDERAL CREDIT UNION LOCATED AT 1000 NW 17'~ AVENUE TO ALLOW THE LIGHTING PLAN TO EXCEED THE MAXIMUM ALLOWED FOOT CANDLES WITHIN THE PARKING AREAS 1. This waiver reques# came before the City Commission on June 3, 2008. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the IBM Southeast Employees Federal Credit Union located at 1000 NW 17"' Avenue. All of the evidence is part of the record in this case. 3. Sight Liph#inp: Pursuant to Section 4.6.8{B)(3)(c}, the maximum permitted illumination levels wi#hin parking and vehicle circulation areas are four (4) foot candles. 4. Waivers: Pursuant to LDR Section 2.4.7(8)(5), prior to gran#ing 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 significan#ly 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. Shvuld the waiver be granted to allow the illumination levels within the area beneath the drive-through canopy to have a maximum of 17.8 foot candles? Yes 5 No 0 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. Ifem 9.D ~'~~ 6. 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, tes#imony of experts and other competent witnesses which supports the findings set forth in this Order. 7. Based on the entire record before it, the City Commission approves X denies the waiver requests subject to the conditions set forth herein and hereby adopts this Order this 3rd day of June, 2008, by a vote of 5 in favor and 0 opposed subject to the condition that sta#es: Mayor ATTEST: ~~~ ~~ Chevelle Nubin ~[~,~, City Clerk 2 SPECIAL/WORKSHOP MEETING June 10, 2008 A Special/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 City Hall at 6:00 p.m., on Tuesday, June 10, 2008. Roll call shoed Present - Commissioner G ary P. E liopoulos Commissioner Fred S. Fetzer Commissioner Brenda S. Montague Commissioner Woodie McDuffie Mayor Rita Ellis (left rr~eeting at 10:10 p.m.) Also present mere - David T. Harden, City Manager Robert A. Sarcinski, Assistant City Manager Susan A. Ruby, City Attorney Lanelda D. G askins, Acting Deputy City Clerk Mayor Rita Ellis called the special rr~eeting to order and announced that it had been called for the purpose of considering the following Items: SPECIAL MEETING AGENDA PURCHASE AWARD/K & M ELECTRIC SUPPLY, INC.: Approve apurchase award in the amount of $27,117.99 to K & M Electric Supply, Inc. for the material purchase of necessary electrical wire in completing the Police Departrr~ent's Emergency Generator Upgrade project. Funding is available from 334-6112-522-64.90 (General Construction Fund/Machinery/Equipment/Other Machinery/Equipment). Richard Hasko, Director of Environmental Services, presented this item. Mr. Hasko stated the electrical wiring had already been purchased with the approval of the Assistant City Manger, Robert A. Sarcinski because the material was needed to complete the generator upgrade at the Police Department. Mr. Hasko briefly discussed the expenditures for the project and requested formal approval by Commission Mr. Fetzer moved to approve an award to K & M Electrical Supply, Inc. in the amount of $27,117.99 for purchase of large electrical wire related to the Police Department Generator Upgrade project, seconded by Mr. Eliopoulos. Upon roll call, the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed 5-0. 2. QUEST TO CHANGE SEPTEMBER WORKSHOP COMMISSION MEETING DATE: Approve and authorize staff to change the Workshop Commission Meeting date in September to September 9, 2008. David T. Harden, City Manager, presented this item. Mr. Harden stated there mould be a conflict with the Commission Workshop rr~eeting scheduled September 16, 2008 because the Budget Hearing Meeting is usually scheduled on that date; he requested the meeting date changed to September 3, 2008. Mr. McDuffie moved to approve the change of dates for the September Workshop Commission Meeting to September 9, 2008, seconded by Mrs. Montague. Upon roll call, the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. E liopoulos -Yes; Mr. Fetzer -Yes. Said motion passed 5-0. Mayor Ellis adjourned the Special Meeting at 6:05 p.m. WORKSHOP AGENDA 1. Toint City Commission/Community Redevelopment Agency) Board Workshop Meeting Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA), presented this item. Mrs. Colony advised that a memo was prepared which highlighted the main points that mould be discussed with Commission in hopes of getting direction on certain projects. She briefly discussed the first highlight point, Affordable Workforce Housing, and the purpose of Delray Beach Community Land Trust (CLT), a nonprofit board made up of community stakeholders. Lula Butler, Director of Community Improvement, advised that an inventory of vacant lots was given to the CLT. She discussed the allocation of funds for the next year which would offer more options to first time homebuyers. Mrs. Butler discussed the t~ formats recommended by staff for future allocations of State Housing Initiative Partnership (SHIP) down payment assistance funds. She explained under the "Sub-Recipient Housing Partnership" strategy, 80% of the funds will be allocated to the CLT under the Local Housing Assistance Plan (CHAP). Mrs. Butler discussed the "Purchase Assistance" strategy which would allocate 20% of the funds under the CHAP which mould be open to all prospective first time homebuyers and nonprofit organizations applying on their behalf. She discussed several other recommendations made by staff on allocated funds. Angeleta Gray, CRA Board member, asked if the 20% mould be offered to other nonprofits. Mr. McDuffie asked if there was a provision outside of CLT. Mrs. Sutler advised there was a provision for purchase assistance only. Mayor Ellis suggested the option to maintain the home as affordable housing. Jtme 10, 2008 William Sranning, CRA Board member, asked if the 20% subsidy would stay with the property and if there is flexibility that would allow the homebuyer to go outside of the CRA district. Mrs. Colonna advised that the program is county-wide and discussed homebuyer timelines. Mayor E llis asked how the idea was conceived Mrs. Montague recommended Ms. Gray explain how the idea was conceived because she worked closely with the program. Ms. Gray stated because of numerous phone calls and petitions from the homebuyers in the community. Mrs. Montague stated a petition had been submitted for the record She explained that the concept of S.W. 12~ Avenue would be similar to Bexley Park Mrs. Montague advised that the CRA wanted to offer a range of options to its homebuyers. David T. Harden, City Manager, explained some of the programs discussed at the conference he just attended on workforce affordable housing. Mayor Ellis stated that in order to make housing affordable, the land had to be excluded She asked if there would be a risk of losing the affordability of the house if the land and renovations were put back into the equation Mayor Ellis discussed the memo from Maria Sachs that appointed her to a committee that would deal with foreclosures. Mr. McDuffie asked if the homebuyer took to certain issues with the CLT's acquisition of property. Mrs. Gray advised the main concern was the available options. Mayor Ellis asked if an option was the homebuyer not wanting to go through the CLT. A CRA Board member stated that the CLT vehicle denied homeowners the opporhmity to build individual wealth and equity. Mayor E llis asked if the homeowner was allowed the appreciation from the improvements made to the house. Mrs. Colonna replied that the homeowner was allowed a certain amount of appreciation from improvements made to the house. She also stated that the homeowner had the option to move out after a certain time. Mr. Eliopoulos asked if Commission is being asked for direction He stated that the CLT is young, he mould like to support the proposal discussed Mr. Sranning advised that thirty (30) years was a suitable time to attach to the affordable homes. Jtme 10, 2008 Mayor Ellis advised that thirty (30) years was fair. Franklin Wheat, CRA Soard member, discussed the peak value of CLT homes. Mayor Ellis advised that she supported the program and felt it was good She suggested the 20% be invested into other programs for people that may not qualify for CLT. Ms. Gray reminded Commission that the Technology, Enterprise, and Development (TED) Center and the CDC along with the SHIP created 180 homes successfully up unti111/2 years ago when CLT was established Mrs. Colonna asserted CRA was also part of that success. Mayor Ellis discussed the depreciated property values and the cost of land being a temporary situation. Mrs. Montague stated staff had an excellent suggestion and she would like to move forward with this option. Ms. Gray asked if the CLT used all subsidy funds for the current year. Mrs. Sutler discussed the subsidy funds and the SHIP program. 1VIr. McDuffie discussed the property value decrease in the City. He suggested that the City look at alternatives, but be conservative and not have too many programs. He advised he does not have a problem with the 80 /20 recommendation presented by the CRA. It was the consensus of the Commission to move forward with the suggestions of staff for the allocation of SHIP funds. Mrs. Colonna discussed the SW Neighborhood and the types of public assistance appropriate. She explained some of the programs and types of training that would be implemented for the area Mrs. Colonna advised that unforeseen circumstances changed the time of completion to a longer period She discussed the funds allocated for several projects and the constraints that prevented the CRA from borrowing over extended periods of time. Mrs. Colonna asked Commission for direction on the appropriate level of funding Dorothy Ellington, President/CEO of Delray Seach Housing Authority (OSHA), stated the $3.5 million being requested is important to the OSHA because it would allow them to bring back rental units. She explained the focus is on extremely lowincome families in the community. Mayor E llis asked which phase is the Villages rental project. Mrs. Montague asked Mrs. Ellington the amount being requested that is directly related to the OSHA contract. Jtme 10, 2008 Mrs. Ellington stated $500,000.00 which would be for down payment assistance and $3.5 million for the rental development. Mrs. Montague asked Mrs. Colony if the $1.25 million being requested for acquisitions mould include beautification Mrs. Colonna stated the $1.25 million mould not include beautification Beautification mould be included in the $1.5 million that is also being requested Mrs. Montague asked how the $1.25 million mould work for acquisitions. She questioned if the King Marble project would happen and the status of the King Marble project. She asked if the funds requested is in addition to what the developer mould bring to the table. Thomas Carney, CRA Board member, gave an update on the project and explained the project cost is more than originally anticipated He advised that the project may still happen Mrs. Montague asked how much money would need to be expended over the next helve (12) months to keep the project viable. Mr. Carney referred Commission to the backup material provided on the project cost. Veronica Covington, CRA Board member, discussed the ownership structure and tax exemptions for the Villages. Ms. Gray asked if the project is guaranteed and what mould happen to the $1.2 million if the project fell through. Mrs. Colonna advised it mould be re-allocated Ms. Gray asked if this is the same $1.2 million that was allocated for the demolition of Carver Estates. Mrs. Colonna stated it was not the same funds. Peter Arts, CRA Board member, advised direction and understanding on the allocation of the funds is needed Mr. Arts suggested the money be gifted instead of used as a loan in some areas. Mayor Ellis praised the patience that the SW Neighborhood Area residents demonstrated while the downtown area was being beautified, and she wanted this prof ect be completed Mr. Eliopoulos advised that he supported the project and the DSHA. He asked what the average grant amount payout was from HOPE VI. Mr. E liopoulos asked mould there be resistance if income variables are not mixed He inquired if it mould be physically impossible to mix the units. Jtme 10, 2008 Mr. Carney advised there should be no resistance since the units will be uniform on the exterior. He explained because some units mould be managed by rental agents and other units would be managed by a homeowners association it would be physically impossible to mix the units. Mr. Eliopoulos cautioned the CRA against acquiring too many properties with so many uncertainties with loans. Mr. McDuffie discussed the increased land values with the infrastructure. He stated he supported the project; however, he did not have enough information available to give direction at this time. He questioned if the King Marble acquisition project increased in price because of inventory. Mr. McDuffie asked if a portion of the inventory could be liquidated to get some of the moneyback Ms. Gray asked who mould have ownership of King Marble. Mr. Carney advised that the Villages, DSHA and the Auburn Group mould own King Marble. Mrs. Colonna discussed the approval of funding Ms. Covington asked what will happen to S.W.11~. Mr. Carney advised that planned redevelopment included S.W. 12~ Avenue, Auburn Trace and Carver Estates. Mr. Carney said the CRA was only interested in rental property; they are not generally interested in acquiring ownership of single family homes unless the home was in a bad state of repair. Ms. Covington asked about relocated families that will be affected Mr. Carney advised explained the relocation plan. Ms. Gray asked if the CRA does not fund the $1.25 million, would redevelopment still continue for the Villages. Mr. Carneybriefly discussed the purpose of acquiring SW 12~ Avenue. Mrs. Colonna discussed the Downtown Master Plan Projects for the Gateway Feature. She discussed the significance of the project to unify the east and west ends of the central business district. Mrs. Colonna briefly discussed the expei~ses of the project and advised that a grant was acquired for landscape improvements. Mr. Eliopoulos asked the cost for Phase T~ of the project. Mrs. Montague stated she is in support of the project and asked about the timeline of the project. Mayor Ellis questioned when Atlantic Avenue would be resurfaced and advised she also supported the project. Jtme 10, 2008 Mr. Eliopoulos stated he is in favor of the project. Mr. Fetzer advised the project is a ~nderful addition to the City, and he supported the project. He suggested the project be done in phases. Mr. McDuffie advised he is in favor of the project. It was the consensus of the Commission to support the Gateway Feature project. Mrs. Colonna discussed the main objective of the US 1 Comdor Improvement project is to enhance pedestrian and vehicular safety and beautify the street between George Sush Boulevard and S.E. 10~ Street. She advised there was no final design at this time, there was a preliminary design and traffic analysis that was done and funded by the CRA. An estimate of the final cost is not available since the final design hasn't been completed Mr. Fetzer expressed his concern with funding. He asked if the $1.4 million in Federal money could be kept because of the timing. Mrs. Colonna advised the $1.4 million could be kept, an extension had been granted Mr. Harden suggested the project be coordinated with the Departmealt of Transportation (DOT) to minimizes cost. Mayor Ellis advised that she was in favor of the project. She discussed an email she received from a citizen because he had to slow down to go through the downtown area Mr. Eliopoulos advised that the project is a win for the City with taxes and business sustainability. He was still passionate about the project and he believed in the long rte it would work for the City. Mrs. Montague stated she was in full support of the project. Mr. McDuffie advised he was in favor of the project but he is concerned with long term project funding; He stated if he had to rank all of the projects presented, this would rank last and the SW Neighborhood project mould rank first. It is the consensus of the Commission to support the US 1 Comdor project. Mrs. Colonna discussed the CRA's opporhmity to purchase a property immediately north of the Spady Museum that contained a historically contnbuting structure (1VIuse house). She discussed the proposed usage of the property. Mr. Eliopoulos stated although he supported the Spady Museum project, he is concerned with how future funds will be obtained He discussed the preservation of the historic structure of the Muse. Jtme 10, 2008 Mr. Fetzer stated that he also favored the project but the impact on long term funding needs to be reviewed Mrs. Montague stated she was in favor of the Spady Museum project but she was concerned with the CRA being overwhelmed with project funding. Mr. McDuffie stated that he supported the Spady Museum project, although he understood it could be a much larger management issue -he does not want to see the property decay. Mayor Ellis asked if it mould be a significant problem to delay this project until the City is in a better financial position with its budget. Daisy Fulton, Executive Director of Expanding & Preserving Our Cultural Heritage (EPOCH), advised it mould be a significant problem if this project was delayed It mould depend on the family, which is willing to sell the property to the CRA at this time. Mrs. Fulton stated that EPOCH was offered the property first with the understanding that it would work out a deal with the CRA for the purchase of the property. UnfortLUlately EPOCH does not have the revenue to purchase the property, so there is a heavy reliance on the City and the CRA to support the effort. Ms. Fulton addressed concerns with funding and operating expenditures. She asked Commission to review the annual report that was distributed to them which referenced a growing diverse group of funding sources. She stated that staffing needs would be met through volunteers and part-time employees. Mrs. Colonna advised the CRA would move forward with acquisition of the home if the City agreed to take it over at some point in the future. She advised the CRA would make sure the home is stabilized, safe, and there are no leaks. Mrs. Montague asked if the building is occupied at this time. Mrs. Colonna advised that the building is not occupied Mrs. Montague asked if the building could be secured to make sure there is no decay. Mrs. Ellis advised that she is in favor of the Spady Museum Muse house if the CRA does the acquisition and makes sure the home is stabilized then maybe the City could do the rest of the project in phases as moneybecomes available. Ms. Fulton advised that EPOCH is recognized at the State level and that a diverse culture is embraced at the organization. Mrs. Fulton stated that fortunately EPOCH has not had to come back to request a loan or any extra financial support. Mayor Ellis thanked the board and staff at EPOCH for all of their hard irk It was the consensus of the Commission to support the Spady Museum Muse house project if the CRA agrees to handle the acquisition and stabilization, the City will take over at some point in the near future. Jtme 10, 2008 2. Palm Beach Broadband Task Force Digital Divide Initiative Presentation Janet Meeks, Education Coordinator, introduced this item. Also present was Jody Gleason, Education Commission She explained there have been several rr~eetingS to discuss the capability of doing Digital Divide. Mrs. Meeks stated she need Commission to give direction Chuck Spalding, Project Manager for Palm Beach Broadband, provided a handout and gave a presentation on the Digital Divide Initiative. He gave background information on the project. He stated some of the organizations that the Palm Beach Broadband Task Force was marking with on this project. He advised that the pilot was successful at Pleasant City Elementary School. Mr. Spalding explained it was decided that a help desk was needed, which Palm Beach Community College students maintain Mr. Spalding advised that he would like to do a similar pilot for the City using Florida Atlantic University as the help desk He advised that Palm Beach County mould put the antennas at S.D. Spady and Village Academy and that there was prelirrunary discussion to put an antenna on the Police Station tower -which would be the main connection The pilot would be secure for participants. Mr. Fetzer stated he was impressed with the number of organizations involved and supported the project. Mayor E llis asked if there was any hindrance. Brian Shutt, Assistant City Attorney, advised that the City has certain agreemealts with another company and that staff would have to review the contracts. Mr. E liopoulos stated he supported the idea because it is achievable. Mayor Ellis questioned if part of the pilot education would be at the Beacon Center. Ms. Meeks advised that a non profit organization mould be sought to do the training for both parents and students on Internet safety. Harold Van Amem, local businessman and community supporter, discussed how the school district refurbished computers. Mayor Ellis asked what type of education the family mould get when they are given the computer. Mr. Spalding discussed the education that mould be included He explained there is software on the computer to block certain sites. He also stated a hold harmless agreement or release mould have to be signed Mr. Spalding briefly discussed the training sessions that mould be provided for the parents. Mrs. Montague asked how the help desk mould work and how long the service mould be provided Jtme 10, 2008 Mr. Spalding explained stickers would be placed on the computers with contact information and the hours of operation for participants in the pilot program. Ms. Meeks stated that hopefully the students will train other students. Mrs. Montague asked about the repair of hardware. Mr. Spalding advised that because of the large volume of computers, it would be easier to have the computer swapped out. Mr. Van Amem explained the goals of the Digital Divide Initiatives. He advised technical support would be continued Mr. Van Amem stated that this program cannot be opened to everyone because it would be considered an Internet Service Provider (ISP), and the County is not interested in that type of service. He briefly discussed the infrastructure and the future of bandwidth It was the consensus of the Commission to support the Digital Divide Initiative. 3. Presentation regarding Budget Task Force Interim Report Joseph Safford, Director of Finance, presented this item. He discussed the reports, trends and projections that staff provided to the board He advised that the Budget Task Force would like to make recommendations to maintain personnel and city services. They would also like to consider what a fair and reasonable cost would be to the taxpayers. Mr. Safford discussed some of the recommendations of the Budget Task Force referenced in the backup material. He stated that the Budget Task Force requests an extension to the original six (6) months. Howard Ellingsworth, Vice Chairman of the Budget Task Force Soarcl, introduced members of the board Mr. Fetzer advised that the Budget Task Force efforts exceeded what was expected and he appreciated their work Mr. Eliopoulos commended staff and the Budget Task Force on their efforts and would like to see the board continue. Mr. McDuffie t11an1<ed Mr. Safford and the Budget Task Force for their information and recommended the board be continued Mrs. Montague asked if the Budget Task Force requested an additional six (6) months. Mr. Ellingsworth stated that six (6) months is not enough time he would like to request another (1) year. Mayor Ellis proposed that the Budget Task Force be extended one (1) year. 10 Jtme 10, 2008 Mr. Ellingsworth advised that the Budget Task Force will discuss extending their term at the next board meeting Mayor Ellis asked if this item could be discussed at the next Regular Commission Meeting so that Commission can come to a consensus. David T. Harden, City Manager, advised that the Budget Task Force has identified a lot of issues; a couple may have legal ramifications for staff to review Many involve bargaining agreements, some with judgments that mould need to be reviewed and brought back to Commission with regards to how staff should proceed 4. Old School Sauare Park Phase One Master Plan Presentation Richard Hasko, Director of Environmental Services, gave background information on this item. He discussed the goal of Phase One and Phase Two of the Old School Square Park Master Plan. 1VTike Soczcbak, Glatting Jackson Kercher Anglin Inc., gave handouts to the Commission He briefly discussed the scope of the project, the concept and cost Mr. Soczbak advised that Phase One would include the creation and refinement of programming and proposed features for the grounds and expanded site of Old School Square as presented by the prelirrunary master plan. Phase T~ of the project mould include development of construction documents for the Phase One Park Project based on parameters and planning elements established in the developer's first phase irk He discussed comments made by the Old School Square Board and downtown neighborhood businesses and residents. Mayor Ellis questioned the placement of the chess board Mr. Soczbak advised there is not enough room for the surface around the chess board, a t~~enty- five (25) foot clearance is needed Mr. Fetzer asked the location of the kiosks. Mr. Soczbak explained there is no money in the budget for the kiosks. Mrs. Montague asked if the kiosks mould come in a later phase and would theybe permanent. Mr. Hasko advised that the Old School Square Board suggested a couple of informational kiosks. Mr. Fetzer asked about the infrastructure planning for the future phases and what could or should be done in Phase One to progress. Mr. Soczbak advised it would be based on the amount of money that is willing to be dedicated for the infrastructure. 11 Jtme 10, 2008 Mrs. Montague asked if more money would Dave to be spent later to retrofit if it was not done now She stated that Old School Square Park is a decent park right now and she wanted to avoid it being torn up later. Mr. Hasko explained that the concept behind the permanent plaza location is so the base would not have to be excavated Mr. McDuffie discussed some of the comments and conversations made to him by residents such as the replacement of grass periodically, vehicle access and infrastructure. Mr. Hasko advised that staff was looking for direction if they should proceed with minimal improvements to the first phase based on funding Mr. Eliopoulos questioned the timeframe and funding restraints of the developer. Mr. Soczbak advised that Phase One would not be built in t~ (2) months; there would be some impact on special events. He stated he originally scheduled construction to commence the first of 2009. Mr. E liopoulos asked if the stakeholders had any input. Mr. Hasko advised there had been ample opporhmity with the various rr~eetings for the stakeholders and the general public. Mr. E liopoulos advised that infrastructure was very important to him. Mr. McDuffie recommended an artificial turf or natural turf grown into artificial turf. Mrs. Montague asked staff if they had direction. Mr. Hasko asked Commission if they would like staff to come back with the site plan for the infrastructure. Mayor Ellis suggested Marjorie Ferrer, Executive Director of Downtown Marketing Cooperative, is included in the discussion since she handled the QZristmas Tree being put up and down. It was the consensus of the Commission for staff to come back with the site plan of the infrastructure for Phase One. Mayor Ellis turned the gavel over to Commissioner Montague at 10:10 p.m. and left the meeting. 5. Alternatives regarding Historic District Boundary Adjustments It was the consensus of the Commission to postpone Workshop Item 5, Alternatives Regarding Historic District Boundary Adjustments to the next Commission Workshop Meeting of July 8, 2008. 12 Jtme 10, 2008 6. Waste Management Contract E xtension Lula Sutler, Director of Community Improvement, introduced this item. Also present was Butch Carter, Govemmealtal Affairs Manager for Waste Management. She gave background information on this item. She requested the Waste Management contract be extended five (5) years to Solid Waste and Recycling Collection Franchise Agreement. She stated staff needed direction on the current position of the sole source for commercial roll off containers verses allowing multiple vendors to provide this service. David T. Harden, City Manager, advised he thought single stream vs. dual stream was decided at the previous meeting Mr. Eliopoulos stated that he supported the dual stream Vice-Mayor Montague invited Mr. Carter to speak Mr. Carter advised that he had prepared a 15-20 minute presentation; hov\ever, because of the time he will take individual questions instead Mr. Fetzer asked about the price. Mr. Carter briefly discussed some of the advantages of staying with Waste Management including pricing options, levels of service, construction debris haul and RFP Results for 2007. Mr. Fetzer questioned how quickly Waste Management could get pricing information without the roll off service Mr. Carter advised he wauld get an ansv`er maybe one (1) v`eek to ten (10) days. He stated the pricing wauld be close to the Villages of Wellington because it is a similar system Mr. Eliopoulos advised that he had not seen an issue with Waste Management since the takeover. He advised if Commission decided to renew the contract, he wauld not want the roll-offs to be exclusive. Mr. Eliopoulos stated he did not support the additional five (5) years being added to the contract He advised he wauld need to check that the City wauld get the best price; he also stated that he supported the dual recycling system Mr. Carter responded to Commission about the roll off being non exclusive. Mr. McDuffie commented on the increased rates and the fuel surcharge chart. Mr. Carter explained that the price increased because of employee benefits, salaries, fuel, maintenance of trucks and insurance. He briefly discussed the difference between the fuel surcharges and the Consumer Price Index (CPI). Al Serg Assistant Director of Community Improvement, discussed roll offs on construction sites and some of the problems they used to have. He stated there had been no problems with roll-offs since Waste Management took over. 13 Jtme 10, 2008 Vice Mayor Montague asked about scheduling and pickup times if multiple companies are involved Mr. Harden advised that if the City does an extension it would be for five (5) years. He stated that although SFI was a lower cost, the service provided was not gooc~Waste Management lad to restore that level of service provided Susan Ruby, City Attorney, advised that the language was vague with regards to fuel surcharge and asked if there was a cap. Mr. Carter explained the collected rate. Mr. Eliopoulos advised he would like to re-bicl, however, if the coi~sealsus of the Commission is to extend the contract he mould look at what could be incorporated into Waste Management's contract. Mr. Fetzer stated he agreed with Mr. E liopoulos to rebid the contract. Vice Mayor Montague asked for clarification that Mr. Eliopoulos mould like to re-bid Mr. McDuffie stated that he mould like to rebid as long as the determining factor is not price alone. He questioned the turn around time for the re-bid process. It was the consensus of the Commission to rebid instead of extend the Waste Management Contract five (5) years. Vice Mayor Montague adjourned the Workshop Meeting at 10:49 p.m. City Clerk ATTEST: MAYO R 14 Jtme 10, 2008 The undersigned is the City Clerk of the City of Delray Seach, Florida, and the information provided herein is the NTinutes of the Special/Workshop Meeting of the City Commission held on Tuesday, June 10, 2008, which NTinutes mere formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the NTinutes you have received are not completed as indicated above, this means they are not the official NTinutes of the City Commission They will become the official NTinutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 15 Jtme 10, 2008 JUNE 17, 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, June 17, 2008. 1. Roll call showed: Present - Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Absent - Commissioner Gary Eliopoulos Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Lanelda D. Gaskins, Acting Deputy City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis noted the addition of Item 9.M., Hiring of Outside Counsel in the case of Stacey Lewis v. Chris McMurray and City of Delrav Beach and Item 9.N., Hiring of Outside Counsel in the Case of Robert Hauptfuhrer v. City of Delrav Beach, et al to the Regular Agenda by addendum. The City Manager stated Item 10.B., Comprehensive Plan Amendment 2008-1 has been continued at the Planning and Zoning Board level and would assume that the Commission would want to continue it as well pending receipt of their report on it. Mr. McDuffie moved to approve the Agenda as amended, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: None. 06/17/08 6. PROCLAMATIONS: 6.A. NONE 7. PRESENTATIONS: 7.A. Special Recognition Awards -Sasha Bernard and Michael Dunbar Mayor Ellis read and presented a Special Recognition Award to Sasha Bernard and Michael Dunbar for their hard work and accomplishments. Alberta Gaum-Rickard, Project Coordinator/Parks and Recreation, introduced Zerlean and Curtis Williams who have volunteered for over 14 years with the Delray Beach Travel and Recreation Basketball League. Zerlean Williams recognized her husband Curtis Williams and Coach Chris Blake. Mrs. Williams introduced the following two players because of their academics, sports, and national recognition: Sasha Bernard and Michael Dunbar. Mrs. Williams stated Sasha Bernard maintains a GPA of 3.90, during her Sophomore year she became captain of the Atlantic High School Girl's Varsity Basketball Team and still remains their leader, has well over 1,800 volunteer hours of community service, and was currently ranked the #6 player in Florida's 2009 graduating class rated by Breakdown Magazine (a national magazine for sports for students). Mrs. Williams stated Collegiate Girls Basketball Report ranked Sasha among the top 100 players in the country and as of May 14th her ranking was number 68 in the country. Florida Girls Basketball currently ranked Sasha in the top 100 in the State of Florida and through hard work and determination Sasha has emerged as one of the top recruits in the State and in the country. Her scholarship offers have come from the top women's basketball program including The University of Miami, The University of South Florida, and many more. Mrs. Williams stated within this past week Sasha (Junior) signed her letter of intent for Indiana University. Mrs. Williams stated Michael Dunbar came to her program in the 2005/2006 school year. Michael has maintained a GPA in excess 3.60, has accumulated more than 2,000 volunteer hours before his senior year. He is a member and captain of the Palm Beach Central Cross Country Team and has won many awards. He graduated from Palm Beach Central during the 2006/2007 school year and after graduating he found he was one of 273 students selected in the country and has won the highest award given to a student in the country for the Congressional Award Gold Medal for Students. This award is given to young people that demonstrate excellence in four areas: (1) public service, (2) physical fitness, (3) personal development, and (4) inspiration. Mrs. Williams stated Michael has just completed his freshman year at Purdue University studying electrical engineering technology (on a full scholarship). -2- 06/17/08 Dunbar. At this point, Mrs. Williams introduced Sasha Bernard and Michael Michael Dunbar and Sasha Bernard came forward to accept their awards and Michael Dunbar gave a few brief comments. Mayor Ellis thanked the families of these two remarkable young students that we have in our community. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR SIDEWALK DEFERRAL/245 N.E. 8"` AVENUI Approve a request to defer the installation of a sidewalk in front of 245 N.E. 8t Avenue. 8.B. CHANGE ORDER (C.O. 1)/WEST CONSTRUCTION, INC./S.W. 2~AVENUE STREETSCAPE PROJECT: Approve a Change Order (C.O. No. 1) in the amount of $17,943.38 to West Construction, Inc. for additional work required to correct a drainage deficiency for the S.W. 2"d Avenue Streetscape Project. Funding is available from 448-5461-538-65.87 (Storm Water Utility Fund/Other Improvements/SW 2"d Av-SW 1st St to West Atlantic Avenue). 8.C. AGREEMENT/CSX TRANSPORTATION, INC.: Approve an agreement with CSX Transportation, Inc. in an estimated amount of $7,000.00 for preliminary engineering to extend the length of the gate arms at S.W. 10th Street and Lake Ida Road to meet Federal Railroad Administration (FRA) Quiet Zone requirements. Funding is available from 001-2911-519-31.30 (General Fund/Professional Engineering/Architectural Services). 8.D. PALM BEACH COUNTY GRANT/EMERGENCY MEDICAL SERVICES/RESOLUTION NO. 19-08: Approve the application for anon-matching grant to the Palm Beach County Department of Emergency Medical Services in an estimated amount of $43,932.00 to purchase four (4) G1ideScope Rangers; and approve Resolution No. 19-08. The caption of Resolution No. 19-08 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2007/2008. (The official copy of Resolution No. 19-08 is on file in the City Clerk's -3- 06/17/08 8.E. PALM BEACH COUNTY GRANT/EMERGENCY MEDICAL SERVICES/RESOLUTION NO. 21-08: Approve the application for anon-matching grant to the Palm Beach County Department of Emergency Medical Services in an estimated amount of $15,000.00 to purchase four (4) Masimo RAD 57-C carbon monoxide detectors; and approve Resolution No. 21-08. The caption of Resolution No. 21-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REQUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2007/2008. (The official copy of Resolution No. 19-08 is on file in the City Clerk's office.) 8.F. GRANT APPLICATION/LAW ENFORCEMENT GRANTS PROGRAM/ TARGET: Authorize staff to submit a law enforcement grant application to Target for funding in the amount of $4,500.00 to purchase 50 textbooks for the Police Department's Criminal Justice Academy at Atlantic Community High School. 8.G. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR FY 2008: Approve a grant application for the Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $21,228.00 which will provide funding for the Police Department's Holiday Task Force Overtime. 8.H. FREQUENCY RECONFIGURATION AGREEMENT/NEXTEL: Approve an agreement between the City and Nextel which provides that Nextel shall fund the frequency reconfiguration to relocate the City's public safety communications system from its existing channels in the 800 MHz range to other licensed channels not located in the 800 MHz range. 8.I. FREQUENCY RECONFIGURATION IMPLEMENTATION PHASE AGREEMENT/MOTOROLA: Approve an agreement between the City and Motorola which provides that Motorola shall perform the frequency reconfiguration to relocate the City's public safety communications system from its existing channels in the 800 MHz range to other licensed channels not located in the 800 MHz range. 8.J. SPECIAL EVENT REQUEST/PRO-MOTIONS SPORTS MARKETING VOLLEYBALL TOURNAMENT: Approve a request from Pro- Motions Sports Marketing to host a Volleyball Tournament to be held at the municipal beach adjacent to Sandoway Park on June 21 and 22, 2008 contingent upon receipt of a revised insurance certificate. -4- 06/17/08 8.K SPECIAL EVENT REQUEST/SPADY LIVING HERITAGE DAY: Approve a special event request to endorse the 3r Annual Spady Heritage Day to be held on September 6, 2008 from 10:00 a.m. to 10:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure of N.W. 5th Avenue from Martin Luther King Blvd. to N.W. 1st Street; to authorize staff support for security, clean up, City generator use, barricading; set up/use of the new large mobile stage with event signage to be put up no earlier than ten (10) days prior to the event; contingent upon receipt of a proper certificate of liability insurance and a hold harmless agreement. 8.L. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Approve a special event request to endorse the next Art and Jazz on the Avenue to be held on August 14, 2008 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of N.E./S.E. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, N.E./S.E. 4th Avenue; to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up and EMS assistance; contingent upon receipt of a hold harmless agreement. 8.M. GENERAL RULES OF PROCEDURE OF THE CODE ENFORCEMENT BOARD: Approve the revised Code Enforcement Board Rules to include the Quasi- Judicial Procedures, and to provide that the order of business at hearings shall be set by the Board. 8.N. SERVICE AUTHORIZATION NO. 3.2/KIMLEY-HORN AND ASSOCIATES, INC.: Approve Service Authorization No. 3.2 in the amount of $29,620.00 to Kimley-Horn and Associates, Inc. for provision of supplemental consultant services Tasks 1.0 and 2.0 for the Miller Park Improvement Project. Funding is available from 334-4173-572-63.90 (General Construction Fund/Improvements Other/Other Improvements). 8.0. AMENDMENT NO. 1/MATCH POINT, INC.: Consider approval of Amendment No. 1 to the agreement between the City and Match Point, Inc. to allow the Chris Evert Charity Event to be held in the months of November and December without being in violation of the Match Point Agreement. 8.P. PROPOSED CHANGE TO CREATIVE CITY COLLABORATIVE CULTURAL PLAN: Consider a proposed change submitted by Old School Square to the Creative City Collaborative recommendations to the Cultural Plan. 8~. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 2, 2008 through June 13, 2008. -5- 06/17/08 8.R. AWARD OF BIDS AND CONTRACTS: 1. Bid award to various vendors at an estimated annual cost of $240,203.50 for pipe fittings and accessories for Construction, Water/Sewer and the City's Warehouse. Funding is available from various departmental operating budgets and construction projects. 2. Bid award to Jani King Commercial Cleaning Services in the amount of $36,120.00 for janitorial services at the Delray Beach Golf Course. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course/Other Contractual Service/Other Contractual Service). 3. Contract award to Total Golf Construction, Inc. in the amount of $276,129.00 for the Lakeview Golf Course Greens Renovation Project. Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaim Water Transmission). Mr. Fetzer moved to approve the Consent Agenda, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. WAIVER REQUEST/114 N.E. 1St AVENUE: Consider a request to waive Land Development Regulations (LDR) Sections 4.3.3(Q), "Guest Cottage", to permit a guest cottage to exceed the required 700 square feet and contain 787 square feet, for the property located at 114 N.E. 1St Avenue within the Old School Square Historic District. (Quasi-Judicial Hearing) Mayor Ellis read the City of Delray Beach procedures for aQuasi-Judicial Hearing into the record. Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2998-156 into the record. Mr. Dorling stated this is a waiver from LDR Section 4.33.3(Q), Guest Cottages, which requires that a guest cottage shall not occupy more than 1/20th of the lot area and in no case shall exceed a floor area of 700 square feet. The structure to be converted to a guest cottage is less than 1/20th of the site; however, it contains -6- 06/17/08 approximately 787 square feet. The waiver findings are noted in staff's memorandum. At its meeting of June 4, 2008, the Historic Preservation Board (HPB) approved the Certificate of Appropriateness (COA) request associated with the conversion of three single-family structures into a duplex and guest cottage. The Board recommended approval upon positive findings of LDR Section 2.4.7(B)(5). The applicant has also agreed to remove the kitchen from the structure which helps qualify it as a guest cottage and the guest cottages are limited exclusively for housing members that occupy the principal dwelling or their non-paying guests or persons employed for service on the premises. The applicant has indicated that this is his intent. Staff recommends approval of this waiver request. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. Marsha Miller, 1906 North Swinton Avenue, Delray Beach, inquired if this is the property where three small historic houses are located. Mayor Ellis asked about the notification letters that go out to the public. Mr. Dorling stated it is notification within 500 feet of the property and this is an effort to reuse those houses and to occupy them as they exist today and not to tear them down. There being no one else from the public who would like to address the Commission regarding the waiver request, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Montague moved to adopt the Board Order as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9.B. CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC: Consider approval of an agreement between the City and Chris Evert Charities, Inc. for the Chris Evert Pro-Celebrity Tennis Classic to be held at the Delray Beach Tennis Center for the years 2008 through 2012; the City will contribute to Chris Evert Charities, Inc. $43,600.00 in 2008, increasing to $49,000.00 in 2012, with half of the payment going to the Drug Abuse Foundation. Funding is available from 001-4210-575-55.43 (General Fund/Chris Evert Classic Tournament). -7- 06/17/08 Robert A. Barcinski, Assistant City Manager, stated staff recommends approval of a five year agreement with Chris Evert Charities, Inc. for the Chris Evert Pro Celebrity Tennis Championships scheduled to be held the first weekend in November 2008. He stated the term of this agreement shall be for a period of 5 years versus the prior agreement's term of 3 years; the City will be allowed to charge and retain revenues for valet parking and parking in the parking garage; previously Charities was required to contribute a maximum of $20,000, of the payment made by the City to Charities, and to the Drug Abuse Foundation of Palm Beach County. Charities will now contribute 50% of the total payment to the Drug Abuse Foundation. Payment for 2008 is $43,600 with increases for each year; Charities shall not be require to use the City's exclusive vendor for soft drinks as the City has a certain number of days, for events, that shall not be required to use its exclusive vendor. Mr. Fetzer moved to approve the Agreement between the City of Delray Beach and Chris Evert Charities, Inc. for the Chris Evert Pro-Celebrity Tennis Classic to be held at the Delray Beach Tennis Center for the years 2008 through 2012, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: NIr. Fetzer -Yes; NIr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.C. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/REMOVAL OF UNDEGROUND TANK: Consider approval of an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for the removal of an underground tank on the City-owned parking lot behind the old library. The Community Redevelopment Agency (CRA) has agreed to pay up to $20,000.00 for removal and remediation; and if the amount exceeds $20,000.00 the City and the CRA may renegotiate the cost, or the City may convey the property to the CRA at their request, or the City may cancel the Tri-Party Interlocal Agreement which requires the City to convey the property. The City Attorney stated this is an Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) where the CRA will reimburse the City for the removal of an underground tank on the old library site parking lot area. The CRA will pay up to $20,000 for removal and remediation and if it exceeds that amount the City can renegotiate the cost, cancel the contract or convey the property to the CRA as is. Mrs. Montague asked that once this is dug up will they enclose the area. The City Manager stated it depends on what they find. He stated if they find soil contamination then they will have to remedy that; if they do not find any then they will just fill the hole in. Mr. McDuffie questioned if it is a fuel tank. The City Attorney stated it is described that way at this point. -8- 06/17/08 Mr. McDuffie moved to approve the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for the removal of an underground tank on the City-owned parking lot behind the old library, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie - Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.D. CONTRACT AWARD/NUTTING ENVIRONMENTAL OF FLORIDA, INC.: Consider approval of a contract award to Nutting Environmental of Florida, Inc. in the amount of $13,660.00 for the removal and disposal of one 1250 gallon underground storage tank located at the former City of Delray Beach Library Parking Lot. Funding for this expense will be provided by the Community Redevelopment Agency (CRA). Richard Hasko, Director of Environmental Services, stated this is the actual set of quotes to do the work for removal and disposal of the underground storage tank. He stated the quotes were not initially submitted to the City; some were submitted to the Community Redevelopment Agency (CRA). Mr. Hasko stated staff contacted all three vendors and they guaranteed their numbers to the City directly. The lowest quote is Nutting Environmental of Florida, Inc. for $13,660 for removal and disposal of the underground storage tank. He stated Nutting Environmental of Florida, Inc. will do soil sampling and ground water sampling. Mr. Hasko stated hopefully they will not find any residual contamination but they will not know if there is any additional work to be done until they do that work. The City Attorney stated for clarification on staff's backup it shows a contract that is not the City's standard contract and the Commission is not approving that Nutting Environmental of Florida, Inc. contract. However, the Commission is approving a bid under the City's standard contract. Mrs. Montague moved to approve a Contract Award to Nutting Environmental of Florida, Inc. in the amount of $13,660.00, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.E. BID AWARD/MANUFACTURERS APPLIED RENOVATION SYSTEMS, INC./POMPEY PARK BLEACHER REPAIR: Consider approval of a bid award to Manufacturers Applied Renovation Systems, Inc. second low bidder, in the amount of $53,672.00 for repair and service of bleachers for Pompey Park. Funding is available from 334-4127-572-46.15 (General Construction Fund/Repair & Maintenance Services/Improvement-Other Repair & Maintenance). Tim Simmons, Acting Director of Parks and Recreation, stated this is a request to approve the second low bidder and the reason that City staff chose Manufacturers Applied Renovation Systems, Inc. is the structure, warranty, and guarantee for the stability of the bleachers. He stated these bleachers will be electronic -9- 06/17/08 and will go out half way and fully. Mrs. Montague asked why staff is considering repairing these bleachers at this time. In response, NIr. Simmons stated the bleachers are too unsafe for the kids to be on and if too many bodies are on it at one time it sags and staff is afraid it is going to collapse. The City Manager stated why does staff want to repair the bleachers instead of taking Hufcor's bid to replace them with new bleachers. NIr. Simmons stated after going through the recommendations and the referrals this was the company staff felt would have the warranty and guarantee on the stability of that structure. Mrs. Montague stated she would not be willing to spend $53,672.00 to repair existing bleachers. She stated in the past the Commission discussed replacing the bleachers and not to repair the existing bleachers. Mrs. Montague stated she would support the bid of $67,530.00 and have brand new bleachers. Mayor Ellis asked how long the warranty is. Mr. Simmons stated he believes the warranty is for ten years for Manufacturers Applied Renovation Systems, Inc. (MARS). The City Attorney asked if there is a warranty from Hufcor Florida Group. Mr. Simmons stated there is no warranty for the stability from Hufcor Florida Group. He stated some of the children tend to jump up and down on the bleachers and staff was concerned with the way the bleachers continue to sag. NIr. Simmons stated MARS guaranteed that would not happen with the structure. Mrs. Montague stated she feels the Commission is looking for everything to be new and noted that this is the most used park and recreation site in the city. She stated everyone has waited for this for a long time and wants to give the community the best that they can. Mrs. Montague stated she would support the higher bid to have new bleachers. The City Manager suggested that staff delay this and examine the warranty's and see exactly what the difference might be and bring this back to the Commission on July 1, 2008. Mr. McDuffie moved to postpone to July 1, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9.F. PROPOSED CONTRACT/EVERGREEN SOLUTIONS, LLC: Consider approval of a proposed Consulting Service Agreement with Evergreen Solutions, LLC to conduct a Compensation and Classification Study in the amount of $18,000.00. Funding is available from 001-1311-512-34.90 (General Fund/Human Resources/Other Contractual Services). -10- 06/17/08 Bruce Koeser, Human Resources Director, stated Human Resources staff has been planning to do Compensation and Analysis Classification Study for non- bargaining positions. Mr. Koeser stated staff requested three quotes and Evergreen Solutions, LLC came back with the best referrals. The plan would include a communications plan, focus groups with employees, focus groups with department heads, management input, benchmarking studies, and market studies. Staff requested approval to move forward on this. Mr. Fetzer asked if this study includes benefits. In response, Mr. Koeser stated this study does not address benefits at all and noted that this is strictly compensation and classification to make sure City employees are lined up where others would be according to market. Mayor Ellis commented that these are non-bargaining positions and the study will compare wages with the public sector. Mr. Koeser clarified that these are primarily comparable jobs in other similar size municipalities in the South Florida area. Mr. McDuffie asked when staff can expect results from Evergreen Solutions, LLC. In response, Mr. Koeser stated staff is looking at 120 days from inception. Mr. Koeser stated the study should begin the first part of July and expects the results the first part of November. He stated staff is trying to get this done around fiscal year time because that is around the time staff would be making changes. Mr. Koeser stated Evergreen Solutions, LLC has assured staff that wrap up time will be around that time and they will have recommendations to the Commission in September if staff needs to get anything done October 1st Mrs. Montague moved to approve the proposed Consulting Service Agreement with Evergreen Solutions, LLC in the amount of $18,000.00, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.G. PROPOSAL FOR SETTLEMENT OFFER IN PEGGY USEM v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the amount of $45,000.00. Staff recommends denial of the Settlement Offer; and approval of a counteroffer in the total amount of $19,500.00 in Peggy Usem v. City of Delray Beach. Mr. Fetzer moved to approve the Settlement Offer in the amount of $19,500.00 as a counteroffer in Peggy Usem v. City of Delray Beach, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. -11- 06/17/08 9.H. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2012. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Commissioner Eliopoulos' appointment has been deferred to the next regular meeting of July 1, 2008. 9.I. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint two (2) alternate members to the Code Enforcement Board to serve unexpired terms ending January 14, 2010. Based upon the rotation system, the appointments will be made by Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5). Mrs. Montague moved to appoint Albert Richwagen as an alternate member to the Code Enforcement Board to serve an expired term ending January 14, 2010, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. Mayor Ellis moved to appoint Shannon Dawson as an alternate member to the Code Enforcement Board to serve an unexpired term ending January 14, 2010, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9_J. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE: Appoint five (5) regular members to the Affordable Housing Advisory Committee to serve one (1) year terms ending June 17, 2009, and six (6) regular members to serve (2) years terms ending June 17, 2010. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3), Commissioner Montague (Seat #4), and Mayor Ellis (Seat #5). Commissioner Eliopoulos' appointment (Item a) will be deferred to the next regular meeting of July 1, 2008. Mr. Fetzer moved to appoint Wanda Gadson as a regular member to the Affordable Housing Advisory Committee to serve a one (1) year term ending June 17, 2009, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. Mr. McDuffie moved to appoint William Hatcher as a regular member to the Affordable Housing Advisory Committee to serve a one (1) year term ending June 17, 2009, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said -12- 06/17/08 motion passed with a 4 to 0 vote. Mrs. Montague moved to appoint Dorothy Ellington as a regular member to the Affordable Housing Authority Committee to serve a one (1) year term ending June 17, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. Mayor Ellis moved to appoint Connie Staundinger as a regular member to the Affordable Housing Authority Committee to serve a one (1) year term ending June 17, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. Commissioner Eliopoulos' appointment (Item fJ will be deferred to the next regular meeting of July 1, 2008. Mr. Fetzer moved to appoint Alberta McCarthy as a regular member to the Affordable Housing Authority Committee to serve a one (1) year term ending June 17, 2009, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. Mr. McDuffie moved to appoint Charles Halberg as a regular member to the Affordable Housing Authority Committee to serve a one (1) year term ending June 17, 2009, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. Mrs. Montague moved to appoint Carmelita Smith as a regular member to the Affordable Housing Authority Committee to serve a one (1) year term ending June 17, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. Mayor Ellis moved to appoint Sandra Weatherspoon as a regular member to the Affordable Housing Authority Committee to serve a one (1) year term ending June 17, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. Commissioner Eliopoulos' appointment (Item k) will be deferred to the next regular meeting of July 1, 2008. -13- 06/17/08 9.K APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two (2) regular members and one (1) alternate member to the Civil Service Board to serve two (2) year terms ending July 1, 2010. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3) and Commissioner Montague (Seat #4). Mr. Fetzer moved to reappoint Emily Dobard as a regular member to the Civil Service Board to serve a two (2) year term ending July 1, 2010, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. Mr. McDuffie moved to reappoint Elaine Calabrese as a regular member to the Civil Service Board to serve a two (2) year term ending July 1, 2010, seconded by Mr. Fetzer. At this point, Commissioner Montague stated she checked and Ms. Calabrese only wants to be an alternate. Mr. McDuffie withdrew his motion. Mr. McDuffie moved to appoint Sidney Grossman as a regular member to the Civil Service Board to serve a two (2) year term ending July 1, 2010, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. Mrs. Montague moved to reappoint Elaine Calabrese as an alternate member to the Civil Service Board to serve a two (2) year term ending July 1, 2010, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.L. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board to serve an unexpired term ending December 13, 2008. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer stated he would like to defer his appointment to the next regular meeting of July 1, 2008. 9.M. HIRING OF OUTSIDE COUNSEL IN THE CASE OF STACEY LEWIS V. CHRIS MCMURRAY AND CITY OF DELRAY BEACH: Consider hiring Attorney Fred Gelston to act as outside trial counsel in the case of Stacey Lewis v. Chris McMurray and City of Delray Beach. The City Attorney stated staff recommends appointment of outside counsel in this case and Fred Gelston's rate is $125.00 per hour. -14- 06/17/08 Mr. Fetzer moved to approve hiring Attorney Fred Gelston to act as outside counsel in the case of Stacey Lewis v. Chris McMurray and City of Delray Beach, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9.N. HIRING OF OUTSIDE COUNSEL IN THE CASE OF ROBERT HAUPTFUHRER V. CITY OF DELRAY BEACH, ET AL: Consider hiring Attorney Fred Gelston to act as outside counsel in the case of Robert Hauptfuhrer v. City of Delray Beach, et al. The City Attorney stated this is a case brought to the Commission several times. She stated they have now filed suit and staff recommends appointment of outside counsel in this case and Fred Gelston's rate is $125.00 per hour. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 24-08 (SECOND READING/SECOND PUBLIC HEARING): A City initiated amendment to the Land Development Regulations (LDR) amending Article 4.3, "District Regulations, General Provisions", by amending Section 4.4.3, "Single Family Residential (R-1) District", Subsection (F) "Development Standards", to provide standards for the Lake Ida Neighborhood Overlay District"; Article 4.5, "Overlay and Environmental Management Districts", by enacting a new Section 4.5.16, "Lake Ida Neighborhood Overlay District", to create a new overlay district for the Lake Ida Neighborhood; and amending Appendix "A" "Definitions", to enact a new definition for "Floor Area Ratio". The boundaries of the proposed overlay district are generally described as N.W. 22"d Street on the north, Swinton Avenue to the east, Lake Ida Road to the south, and Interstate 95 on the west for the Single Family Residential properties that are zoned R-1-AA , R-1-AAA ,and R-1-AAAB. The caption of Ordinance No. 24-08 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 OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", BY AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICT", BY AMENDING SUBSECTION (F), "DEVELOPMENT STANDARDS", TO PROVIDE DEVELOPMENT STANDARDS FOR -15- 06/17/08 THE LAKE IDA NEIGHBORHOOD OVERLAY DISTRICT; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", BY ENACTING A NEW SECTION 4.5.16, "LAKE IDA NEIGHBORHOOD OVERLAY DISTRICT", TO CREATE A NEW OVERLAY DISTRICT FOR THE LAKE IDA NEIGHBORHOOD; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT A NEW DEFINITION FOR "FLOOR AREA RATIO"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 24-08 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 text amendment to Land Development Regulations Section 4.4.3(F) which is the single family Residential (R-1) District -Development Standards and Article 4.5 (Overlay and Environmental Management Districts) to establish the Lake Ida Neighborhood Overlay District and associated design guidelines. The boundaries of the overlay district are generally described as N.W. 22"d Street on the north, Lake Ida Road to the south, Swinton Avenue to the east, and Interstate 95 to the west. This area is commonly known as the Lake Ida neighborhood. The purpose of the overlay district and associated design guidelines is to encourage new houses and building additions that are compatible with the character of the neighborhood. The City of Delray Beach received a letter dated March 6, 2008 from the Lake Ida Neighborhood Task Force that identifies the requested changes to the development regulations within the proposed Lake Ida Neighborhood Overlay District. The changes involve the following topic areas: (1) maximum lot coverage, (2) maximum floor area ratio (FAR), (3) maximum percentage FAR for 2"d floors, (4) modify front and rear yard setbacks for 2-story homes, (5) propose a definition for "floor area ratio", and (6) introduce landscape requirements. At its meeting of April 21, 2008, the Planning and Zoning Board considered and approved the initiation of the amendment to the Land Development Regulations to establish the Lake Ida Neighborhood Overlay District and associated guidelines. The Planning and Zoning Board conducted the workshop on May 12, 2008. At that meeting a representative from the Lake Ida Property Owner's Association (LIl'OA) described the amendment and provided a detailed analysis of the four mentioned development regulations. At that point, there were some regulations proposed by staff which talked about some things that staff felt logistically achieved the goals of that Task Force and that was not covered. Mr. Dorling stated those included changing references from second story to upper story because staff needed to adopt standards -16- 06/17/08 which would apply not only to second stories but third stories. He stated there was the thought that third stories could not be accommodated but there is a 35 foot height limit so theoretically three stories could be accomplished and that needed to be addressed. Mr. Dorling stated staff also suggested some appropriate clarifications to the FAR definitions, the front and rear setbacks (five foot less in the front and greater in the back) and did not accommodate certain areas within a district zoned R-1-AAA and R-1- AAAB. He stated in the changes that staff suggested maintained that five foot offset on those two zoning districts as well. Staff also provided a definition of first floors and second floors providing maximum heights so that you did not get somebody qualifying a first floor of 35 feet because that has a mass greater than a first floor. He stated those changes were discussed by the Task Force and endorsed as recommendations that made sense. There was also a recommendation that there be an increase in the FAR to the lots on Lake Ida to .40 rather than .35 with acknowledgement that greater development is more appropriate on those lots. Staff also suggested that a 75% limit of the second floor as it relates to the first floor be extended to 100% on those lake lots. Mr. Dorling stated those changes were incorporated in the ordinance that the Commission adopted on first reading on June 3, 2008. Mr. Dorling stated under the current regulations on a 7,200 square foot lot someone could build a 9,900 square foot house and on a 8,800 square foot lot someone could build 13,000 square foot house, on a 14,500 square foot lot someone could build a 22,000 square foot house, on a 16,000 square foot lot someone could build a 27,000 square foot house. Mr. Dorling stated houses of those sizes are not keeping in the character with what is in the neighborhood. Staff supports the recommendations of the Task Force in achieving that compatibility. Mayor Ellis stated if anyone would like to speak in favor or in opposition of Ordinance No. 24-08, to please come forward at this time. Michael Weiner, Attorney with Weiner and Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach, stated he represents individuals and companies who own land directly or through companies in the proposed Lake Ida District and he placed these names into the record. He stated all of these individuals and entities declare that they are aggrieved substantially effective parties as defined in the applicable State Statutes and local ordinances. Mr. Weiner stated any mention of any ordinance or Statute in his writings or comments by him are only examples. All rights are reserved including all rights under any Section of Chapter 163 by way of example. Mr. Weiner complimented the Planning and Zoning staff and the City Attorney's office and those who have participated in professionally addressing his office. He stated they have made other statements concerning the Comprehensive Plan, procedures, and other substantive and procedural issues which are all part of the public record. Mr. Weiner stated the issue that concerns them is the issue of the Planning and Zoning Board sitting as the local planning agency. He stated the second point concerns Objective A-1 of the Housing Element and Policy A-3.1. Mr. Weiner stated the Neighborhood Association has to have official representation and failure to identify who was the official representative is a critical failure and flaw with respect to the review by the Planning and Zoning Board. He stated there never was a determination as to official representation. Mr. Weiner stated these are two policies that are clearly not met and there are other goals, objectives, and policies -17- 06/17/08 which are also not looked at. Mr. Weiner stated for these reasons he urged the Commission to turn this ordinance down and restart this particular matter. Sam Shannon, 1500 North Swinton Avenue, Delrav Beach (Chairman of the Task Force and have developed the recommendations that are before the Commission tonight), stated at the meeting of June 3, 2008, he indicated that the overriding concern of the Task Force was to preserve the existing character of the Lake Ida neighborhood and the preservation of that character was directly related to the size and the scale of development being compatible with the existing lots and the scale of adjacent homes in the area. Mr. Shannon urged the Commission to adopt the Lake Ida overlay district to help preserve the basic character of the neighborhood and maintain the neighborhood feel that brought so many of us to call Lake Ida our home. He understands that a new issue has come up and that is the possibility of placing the overlay up for a straw ballot. He stated using the ballot box for land use issues is the approach that is being taken by the backers of hometown democracy amendment to the State constitution and does not believe it is the type of thing the City of Delray Beach wants to be associated with. Mr. Shannon cautioned the Commission that a decision to use the ballot box to make planning and land use decisions could put the City in a slippery slope. He stated if this is the way the City wants to conduct its business then they may want to think about what the situation would have been in other cases. For example, why was there not a vote for the residents in Breezy Ridge when the City wanted to relocate Atlantic High School into that neighborhood, why not a vote of the Sherwood Park neighborhood when the church wanted to sell parts of its land, and why not a vote of the people along Old Germantown Road to decide the intensity of neighboring development. Mr. Shannon stated elections are often greatly influenced by those who can throw the most money at an issue or candidate and not necessarily on the merit of the issue. He stated the recommendations before the Commission this evening were development by a Task Force that had significant professional involvement and experience. He stated the Task Force consisted of planners, realtors, designer, artists, and people who deeply care about their neighborhood and includes the support of City staff and the Planning and Zoning Board. Mr. Shannon stated based on the history of the development of it and the support it has received that the Commission adopt the Overlay District for the Lake Ida neighborhood. Kirk Burns, 2005 N.W. 4t'' Avenue, Delrav Beach, stated he lives in the Lake Ida neighborhood and supports this initiative. He urged the Commission to support these guidelines as well. Mr. Burns stated this neighborhood is unique in character and feels that it should be preserved. He stated it has been experience that guidelines like these actually serve to increase property values and urged the Commission to vote in favor. Paul Schmitt, 945 Hibiscus Lane, Delrav Beach, stated these guidelines are for mass and size to preserve the type of community in Lake Ida that everyone has appreciated. He feels that people have been poorly informed about values of property dropping as a result of these guidelines being passed. Mr. Schmitt stated across from his house is 925 Hibiscus Lane and the house was purchased several years ago and the buyer -18- 06/17/08 told the seller that he was interested in raising his family there. Mr. Schmitt stated the first thing that happened was that two lots were sold off on the lake then another lot was built upon and the buyer moved into that property and finally found someone to buy the property across the street. Mr. Schmitt stated there were four lots divided up into one. He stated the same thing is happening with a home at the end of the street. He stated there are ethics, honesty, truthfulness, fairness and compatibility. Mr. Schmitt stated some of these other things you cannot fix and commented that there is dishonesty that go on. He stated if the people who are against the restrictions did not know any of that then they should. Mr. Schmitt stated staff explained what someone can build and cannot build versus the guidelines then people probably learned from it because he feels that people are not going to hear from those people who are financially going to make out in this deal. Mr. Schmitt thanked the Commission for their work. Mr. Burke, lives on Lake Drive, Delrav Beach, stated he is hard to understand that there is a neighborhood association that was created by a few people in the neighborhood and not the entire neighborhood. Mr. Burke stated if there are more people who are against the guidelines then he feels people should be able to vote on it and if there are more people who support the guidelines then he feels people should be able to vote on it. He inquired about whether or not there is a minimum requirement for a home with regard to square footage. Mr. Burke state he is against the guidelines. Dick Schmitt (brother of Paul Schmitt), stated he is for speed limits and stop signs; however, he does not believe that we need to vote on how fast people should be able to drive in their area. Mr. Schmitt stated the people elected the Commission and feels it is in their hands. He supports the guidelines. Phil Colnon, 680 N.W. llth Street, Delrav Beach, stated there was a courtesy notice sent out by the City of Delray Beach to all the residents affected by the amendment area and the last line reads "if you cannot attend these meetings but would like to be heard on the project you may submit your comments as follows: by fax, by email, by regular mail." Mr. Colnon stated he reviewed 1,187 pages of documents received by Michael Weiner and there ends up being 74 total email addresses sent to the Commission. Mr. Colnon stated of those 74 emails 45 people are against and 29 are for. Mr. Colnon stated they submitted a petition that was hand delivered and was also faxed into the City. He stated the petition has 132 signatures on it and those were all against. Mr. Colnon stated there are 16 letters written to the Commission and 13 of those 16 people are against and 3 are for. Mr. Colnon stated they do not want an overlay district and noted that he made suggestions that would stop all these cookie cutters and made suggestions about the privacy. Mr. Colnon stated all this was ignored by the Task Force and when he did attend the Task Force Meetings he was actually asked to not return because he was disruptive. Mr. Colnon stated the Task Force was trying to design guidelines and he did not want guidelines but wanted building adjustments for things so that title information, architect, bank information and the builder and if those were lined up then they could have a neighborhood advisory group that the builder would have to go to. Mr. Colnon stated he feels this would stop the cookie cutter. He urged the Commission to vote with the people. -19- 06/17/08 Gary Anzalone, 608 North Swinton Avenue, Delrav Beach, stated he is against the restrictions and noted at the last meeting there were many people who spoke against this proposal Mr. Anzalone stated the City needs to vote because this is an All- American City that is built on democracy. He stated this is a very serious issue and the people in the neighborhood need to have a voice in this situation. Mr. Anzalone stated if there are going to be guidelines then first let's agree that there is going to be guidelines and then let the people who are against it have a voice coming in and defining these guidelines. He stated these guidelines are not ready to pass as they are and feels there are problems with the guidelines. For example, to say that somebody lives on the lake and has the right to do 100% on an upper floor and inquired as to why should they have more square footage. Mr. Anzalone feels that he should have the same opportunity as someone who lives on the lake. He stated to say that it should be 75% of the lower level who is basing decisions on what is aesthetically pleasing and what is not. He stated there is an issue with privacy and feels there are ways to give privacy without these restrictions (i.e. increase the landscaping). Mr. Anzalone stated everyone needs to have a little bit of input going forward. Peter Goodridge, 1075 Hibiscus Lane, Delrav Beach, supports the Design Guidelines recommended by the City's Planning and Zoning staff, the Planning and Zoning Board, and the Lake Ida Property Owners Association. He stated he did a Google search using Neighborhood Design Guidelines and it gives 202,000 results and most of those results are cities that have implemented neighborhood design guidelines. He stated there was an article in The Palm Beach Post this week about Old School Square and how its renovation got off the ground 20 years ago. Mr. Goodridge stated Frances Bourque, Doak Campbell and others were able to convince the City and the City Commission to renovate the property even though a lot of people wanted to tear it down. He stated today it is credited as one of the cornerstones that fuel the downtown resurgence. Mr. Goodridge stated the Planning and Zoning staff and Board has recommended this and the Lake Ida Property Owners Association has recommended this. Mr. Goodridge urged the Commission to support. Cathy Silk, 601 N.W. 11th Street, Delrav Beach, lived in Lake Ida for 16 years, stated over the course of two years she has been notified by the Task Force through newsletters, mailings, and phone calls and believes it is also on their website. She supports the guidelines. Lannie Lewis, 1098 Hibiscus Lane, Delrav Beach, stated she was on the Task Force and worked on this for 2 '/z years and noted that Mr. Colnon was never thrown out of the Task Force Meetings. She stated she has lived in the neighborhood for 30 years and supports the guidelines. Sydney Wildes, 717 N.W. 3rd Avenue, Delrav Beach (lived in Delrav Beach since 1952), stated there are 750 houses in Lake Ida and no two are alike and feels this is fabulous. She stated she would hate there to be homes that resemble one another so closely that our identity becomes lost. She distributed a handout to the Commission for the record. -20- 06/17/08 Cary Glickstein, 1118 Waterway Lane, Delrav Beach, stated he was involved in the Beach Overlay District and pointed out that their process started out exactly like Lake Ida's. He stated unlike Lake Ida's process theirs ended at City Hall with an empty Chamber and no one speaking against the proposed regulations. Mr. Glickstein stated the Beach Property Owners had a knowledgeable third party (Urban Design Studios) that guided them through the process and at the same time allay the concerns of those that were opposed. He stated the guidelines were successful because they were objective unlike the polarizing process in Lake Ida but more importantly they had truth and fact on their side which ultimately convinced the opposition that this was a good thing. Mr. Glickstein stated evidence on a national level overwhelmingly supports the correlation between neighborhood design and building regulations and higher property values and thus sustain a higher quality of life. He stated preserving the quality of life in our neighborhoods should be of paramount importance to this Commission and every Commission and passage of these regulations is forward thinking. Roy Simon, 201 N.W. 11th Street, Delrav Beach (Architect and served on the Task Force), stated he feels the Task Force came up with something that concerned everybody at both meetings and that was the scale and proportion of the neighbor, the affect of a building on the neighbor, and on that piece of property. Mr. Simon urged the Commission to support the guidelines. Julie Schmidt, 945 Hibiscus Lane, Delrav Beach, stated she has attended a few of the meetings and supports the Design Guidelines. She stated there are a lot of people that can be here that are here and there are a lot of people that would like to be here that cannot. She asked those people who are for the Design Guidelines to stand. James Scott McOwen, 302 N.W. 18th Street, Delrav Beach, supports the guidelines to stabilize and understand what we are doing in a community. He stated everyone has come together and hopefully can continue that process as we work through different guidelines. Mr. McOwen stated he hopes the Commission will contemplate this for the best of the community. Dr. Joseph Ferrer, 1420 North Swinton Avenue, Delrav Beach, stated approximately 14 years ago when he and his wife considered to move to Delray Beach people loved Lake Ida the way it was. He stated maybe the property values were not what they were then as they are now but people loved Delray Beach the way it was. Mr. Ferrer stated this is about the next 20 years and if we are going to enjoy the community in Lake Ida we are all going to have to continue to work together on other issues they will be facing. Dr. Ferrer stated it has been a great community and he supports the guidelines. Andrea Harden, 516 North Swinton Avenue, Delrav Beach, strongly supports the Design Guidelines and she loves Lake Ida. She stated she has watched in dismay as the rhythm, scale and even some of the charm of her block was lost to a massive new house and behind her home a Glenn Wright house was built that in her opinion has no charm and is still unsold. Mrs. Harden stated with regard to property rights and stated none of us have absolute rights anymore. As far as zoning that was -21 - 06/17/08 decided about 50 years ago when most metropolitan areas adopted zoning ordinances. Mrs. Harden stated people want to max out their living space on their lot and made reference to a 10,000 foot house on a 10,000 square foot lot in Tropic Isle that she feels is appalling. She stated the Commission needs to consider the balance between those who want to live in Lake Ida versus those who are making a living off of Lake Ida. She stated those who have lived here many years and have shown a commitment to the neighborhood and the city versus those who have moved in fairly recently and their commitment is yet to be seen. She stated those who live in the community versus those who own property and rent it out and the extreme example by the week for vacation homes or sober houses. Mrs. Harden stated in her opinion, the Floor Area Ratio (FAR) is extremely important to mass and scale because these are the elements that have upset so many people and have to do in part with the relation of the size of the house to the size of the lot. Mrs. Harden stated if this is not passed one of the ramifications will be the loss of diversity in Lake Ida. She stated one of its charms is the different architecture rare in a community in South Florida and if the City continues to allow large homes to be built on small lots then the City is aiding in the gentrification of the area and if the City continues to allow larger and larger Floor Area Ratio (FAR) on smaller lots, it will continue the encouragement of demolition of smaller homes. Ann Margo Peart, West Palm Beach 710 1/2 Claremore Drive, West Palm Beach Grew up at 107 N.W. 9t'' Street, Delrav Beach), stated her family has been in this area for a long time and one of her fondest memories as a child growing up in Del Ida and in Lake Ida was outside playing in their big yards. She stated one day she would like to move back to this area to raise a family. If these Design Guidelines are not passed we are letting developers come in to tear down homes, subdivide the lots, and build oversized houses for sale. Ms. Peart stated despite the fact that it was publicly inferred in one of many unsolicited mass emails to the entire Lake Ida Neighborhood Association that her mother was a liar and noted that she has talked to her every day for the past 30 years and she never ever caught her in one single white lie. Sally Wheeler, 2001 N.W. 4t'' Avenue, Delrav Beach, stated it is not so much the guidelines that everyone is against but it is the overlay district that they are not very happy about. She stated that if a Glenn Wright home is still not sold how many more are going to be built and commented about recent immigrants to Lake Ida that have been treated as lesser beings just because they have not been here very long. Dennis DeFranceschi, 212 N.W. 17th Street, Delrav Beach, stated he is strongly opposed to these restrictions because it devaluates the property between 15th and 18th Street, and in the area of Dale Lane and Pine Lane. He stated the lots are very small and it restricts what a person can do with that piece of property. Mr. DeFranceschi stated if the City would like to make a restriction or an amendment to the order that a small lot does not have to abide by these new restrictions then that is okay. However, he stated people with large lots who are not being affected by these new rules that they want to put into place some of the people with smaller lots are very much being affected by it. Mr. DeFranceschi stated he does not see why people with large lots feel they have the right to restrict people with smaller lots from doing what they want on their property. He stated -22- 06/17/08 he has lived in the neighborhood for 37 years and moved to Delray Beach in 1959 and is not a newcomer. Kevin McNally, 624 Gardenia Terrace, Delrav Beach, urged the Commission to vote for these design guidelines and stated his name was tossed about in an email today by the opposition to the guidelines and reaffirmed his support for the guidelines. Mr. McNally asked the Commission to not give an exception to the lakefront homes and stated since they are part of the neighborhood they should be held to the same standards as the rest of the neighborhood with the guidelines. Joann Peart, 107 N.W. 9t'' Street, Delrav Beach, stated at the last meeting she was talking about the process and ended at the end of the third meeting where everyone met at the Chambers. She stated at the second meeting the television station was there and at the third meeting there was a large group of people in attendance. Mrs. Peart urged those individuals living in Lake Ida to join this Task Force and explained there is no nomination, election or appointment. Shelly Petrolia, 2002 N.W. 4t'' Avenue, Delrav Beach, stated she is against the restrictions and this is a question based on what we should do based on the next 20 years and is so important to get it right. She stated these restrictions or the overlay district is at a point where it should go forward. Mrs. Petrolia suggested that the Commission should table this and allow this community to come together and discuss it. She stated she knows that the Task Force has indicated that there have been a lot of notifications and notices sent through the mail but she reads her mail and she did not receive one. Mrs. Petrolia stated she did see the placards on the street about a Design Task Force Guidelines Meeting. She stated she did not realize that this was something that was going to come to the City level and thought it was just a group of suggestions. Mrs. Petrolia stated she believes there is a solution but she does not believe it lies in the overlay and these specific guidelines. She stated with these guidelines she could build on her property 15 feet from the back straight up and make a huge fishbowl to her neighbor's house. Mrs. Petrolia stated these guidelines are not going to stop anything that everyone is complaining about and is not really directly addressing the issues before the Commission. Mrs. Petrolia stated she would have liked to have been involved but she just did not understand it and that it was going to be restriction changes or an overlay district as she does now. She urged the Commission to table this item for further discussion. Barbara Tack, 1095 Hibiscus Lane, Delrav Beach, commented about 27 houses in the Lake Ida neighborhood had been built 2-story homes and were quite different from what she came into the neighborhood looking at. She stated she wandered around the neighborhood and noted that it is interesting to see where the neighborhood has come in just five years. Mrs. Tack read quote into the record and stated without rules and guidelines there will be a lot more problems in the neighborhood and the property values will also decrease. She supports the restrictions. - 23 - 06/17/08 Cathy Degnan, 1009 N.W. 4t'' Avenue, Delray Beach (next to Cornell Park behind the three big houses that were built on the Cornell Propertyh stated she has lived in this house for 18 years and they have a lot of friends. She stated she hopes they do not have a lot of enemies that have come out of this whole situation that she believes has happened because of those three houses that were built on the Cornell Property. Mrs. Degnan stated she looks at these three houses every day out her backyard and when she walks in the park. She stated she does not like seeing those houses sitting there empty but questioned who allowed that to happen. Mrs. Degnan stated this issue is huge and out of 700 homes in the Lake Ida neighborhood we have approximately 100 people coming out to speak (50/50 maybe) and asked how this Commission can even consider moving forward with the guidelines when that few people have been involved. She stated she does not believe the Commission can make a decision about this issue lightly and feels we need way more than 100 people to make this decision. Carolyn Wathey-Lee, 325 N.W. 15th Street, Delrav Beach, stated there are several issues she feels are important motive and intent. She stated she worked on a Masters and researched benchmarks around the United States on what made a community and worked with someone on trying to detail what made a community and a town important. She stated she grew up in Connecticut received an unsolicited email today at work and it was Georgia University's definition of an overlay district. She stated after reading that and realizing how that saved everyone in Connecticut. She commended the Task Force and commented that she was personally not involved until the signs went up. Ms. Wathey-Lee stated she loves her community and her neighbors and urged the Commission to support the guidelines. Sue Heglin, 2012 N.W. 2°d Avenue, Delrav Beach, urged the Commission to vote in favor of these Design Guidelines and stated she feels these guidelines will be very good for the community. She has lived in her home since 1999 and likes the eclectic aspect of Lake Ida and believes the guidelines will be good for the community and the City of Delray Beach as a whole. Deb Sullivan, 1002 Lakeshore Drive, Delrav Beach, opposes the restrictions and feels blessed to live in a neighborhood like Lake Ida. She stated the personal attacks on both sides need to stop and urged the Commission to hold off on voting for this tonight and try again to come together and heal the differences. Charlotte Lees, 110 Wood Lane, Delrav Beach (behind Trinity Church strongly supports the Design Guidelines and stated the reasons the Commission gave at the last meeting for their votes were excellent especially Mr. McDuffie who noted that from his experience in the Property Appraiser's office that guidelines did maintain or enhance the property values in areas. She stated we hear a lot of representation and whether or not people did or did not answer their mail. Mrs. Lees stated only 6% of the residents of Delray Beach came out to vote in the last City Commission Meeting and noted it is very difficult to overcome apathy and very difficult to get people out to vote. -24- 06/17/08 Karen Premock, 740 Lake Shore Drive, Delrav Beach, supports the Design Guidelines and stated why uninterested and uninformed parties should have the right to veto this proposal. She stated we already know that 6% of the Delray Beach voters voted in the last City Election and yet the City Commission has the power to represent the citizens. Martin Burke, 720 Lake Shore Drive, Delrav Beach, stated everyone is here after all this time due to the efforts of the Lake Ida Property Owners Association years ago whose efforts were in response to an on slot of construction that was oversized with regard to the size of their lot. Mr. Burke stated it was never about restrictions but was about preservation of neighbors and property rights as well. Mr. Burke commented about Mr. McOwen's observation about the phone book from the 1950's and noted that back then no one would be having this discussion and does not believe anyone even needed a permit back then with a population of 6,000. He stated there is going to be more of this and not less. He stated it is a good thing and is necessary and will help slow down the inevitable transformation of Lake Ida. Mayor Ellis stated there being no one else from the public who wished to address the Commission regarding Ordinance No. 24-08, the public hearing was closed. Mr. Fetzer stated he is adamantly opposed to the suggestion that was made about possibly putting this issue on a ballot and having a vote. He stated as an elected official the people elected him to make decisions like this and there are so many controversial issues that come before the Commission particularly related to Planning and Zoning issues and some are very emotional issues. Mr. Fetzer stated that was why the people elected him to represent the people and he would be avoiding his responsibility to say we are going to have a referendum on issues like this. Mr. Fetzer stated he opposed to a referendum and is also opposed to the Hometown Democracy movement and noted that there was a petition drive that was trying to get that issue on the ballot which would require that we hold election on all types of Planning and Zoning issues like this and it failed to get on the ballot due to the number of signatures that were not obtained. Mrs. Montague stated this is not the first time she has gone through this process and sat in on committees. She stated the City has a redevelopment plan for the southwest section where it was very similar to what we are going through. Mrs. Montague stated there were some people who lived there and still live there 40 and 50 years and others born here who wanted to maintain the flavor of that neighborhood and had to figure out how to do it. She stated there were a number of people that came together, representatives within the community, representatives from the Community Redevelopment Agency (CRA) Board that came up with a plan on how to continue the redevelopment of the area and preserve the history and the character of that area and thus the redevelopment plan. Mrs. Montague stated there were some changes that were made in the City's zoning ordinances in order to have that happen and what people will see will be an incredible evolution in that redevelopment process. Mrs. Montague stated the people in Lake Ida have gone through the same thing. She stated neighborhoods and cities do change and evolve and feels it is the job of the Commission to figure out how - 25 - 06/17/08 we do that equitably although it does not make everyone happy. Mrs. Montague stated since we have all been through this process before everyone will have to trust that the Commission will make the right decisions that ultimately will be good for the Lake Ida neighborhood and for this city. Mrs. Montague stated she approves the process that the Task Force went through and will support the guidelines this evening. Mr. McDuffie echoed comments from Commission Fetzer about putting this issue to referendum or straw vote because he feels the precedent would essentially grind the city to a halt. Mr. McDuffie read the following quote in the record: "We don't inherit this planet from our ancestors; we borrow it from our grandchildren." Mr. McDuffie stated restrictions and planning are all a part of what the Commission has to do and without restrictions comes chaos. Mr. McDuffie thanked everyone for coming tonight and reiterated that he believes in control. He stated there are water restrictions going on right now and cover up the permeable area of this city we have no aquifer recharge left as well Mr. McDuffie stated we as Americans need to stop building the biggest houses on the globe and start taking a look at what we are doing for our grandchildren and feels that some modicum of control is appropriate for that. Mayor Ellis thanked everyone for being present this evening and stated she is a big lover of the Lake Ida neighborhood. She stated she lived in Lake Ida for 18 years of her life and she moved into a neighborhood that needed design guidelines in the worst possible way and the neighborhood was experiencing the very worst of what can happen if you do not have design guidelines in place. Mayor Ellis stated the thing that is really striking to her is the number of people that have got involved when this is over as like with the Beach Design Guidelines were over with it was over and people went back to being friends and neighbors. Mayor Ellis stated we do not need a referendum and at some meetings there are only 2 or 3 people in the audience and the Commission is making very important decisions about the city. She stated the Commission does not enact law based on the number of people; it has to be about law, the Comprehensive Plan, and the City's Land Development Regulations. She applauded the people who came out this evening to speak on this issue. Mr. Fetzer moved to adopt Ordinance No. 24-08 on Second Reading/Second Public Hearing, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 17-08 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2008-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2008-1 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2008-1 includes: -26- 06/17/08 1. Text Amendments: Update Introduction and support data throughout all the Elements of the Comprehensive Plan as appropriate to reflect current conditions; update all maps as appropriate to reflect current city boundaries; update all maps and tables as appropriate; and, update the Goals, Objectives and Policies as required to modify partially completed or eliminate completed initiatives and to incorporate appropriate changes to goals and objectives gleamed from the EAR public hearing processes. ii. Future Land Use Element -Update existing land use and population data, including supporting maps and tables. a. Future Land Use Element -Update vacant land analysis. b. Future Land Use Element-Update Redevelopment Analysis section to reflect completion of all Redevelopment Plans. c. Future Land Use Element -Update descriptions for all land use categories to include intensities and densities. d. Future Land Use Element -Add new policies to achieve an appropriate mix of uses, direct resources to infrastructure improvements downtown, and explore additional downtown open space opportunities. e. Future Land Use Element -Add policies to affirm the City's continued commitment to workforce housing. f. Future Land Use Element -Add policies to develop design guidelines for the North Federal Highway area and evaluate the need for guidelines in the Congress Avenue Corridor and Four Corners Area. g. Future Land Use Element -Amendment to the Land Use Designation/Zoning Matrix table to add SAD, OS and OSR zoning districts to be consistent with additional Future Land Use categories. h. Transportation Element -Add new policy to designate the railroad parking lot, north of East Atlantic Avenue as a potential railroad stop for future passenger service on the FEC Railroad. Housing Element -Update Affordable Housing section to reflect new City initiatives. -27- 06/17/08 j. Housing Element Add new policies to affirm the City's continued commitment to workforce housing. k Public Schools Facilities Element -Update element to reflect changes related to the second amendment to the Interlocal Agreement. 2. Future Land Use Amendments Map: City initiated Future Land Use Map amendment from County INST/18 (Institutional, with an underlying High Residential 18 units per acre) to City CF (Community Facilities) for Fair Oaks Center, located approximately 650 feet south of Linton Boulevard, and on the east side of LWDD E-3 Canal. The caption of Ordinance No. 17-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2008-1, 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 2008-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 17-08 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. - 28 - 06/17/08 Mr. McDuffie moved to postpone Ordinance No. 17-08 (First Reading/Transmittal Hearing for Comprehensive Plan Amendment 2008-1) to July I5, 2008, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 26-08 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) amending Section 4.3.3, "Special Requirements for Specific Uses", Subsection (S), "Telecommunications Towers and Antennas", Paragraph (2), "Freestanding Telecommunication Towers" to add Barwick Park and Lakeview Golf Course properties to allow monopoles. The caption of Ordinance No. 26-08 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 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (S), "TELECOMMUNICATION TOWERS AND ANTENNAS", SUB-SUBSECTION (2), "FREESTANDING TELECOMMUNICATION TOWERS", TO ADD BARWICK PARK AND LAKEVIEW GOLF COURSE PROPERTIES TO ALLOW MONOPOLES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26-08 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. Paul Dorling Director of Planning and Zoning, stated LDR Section 4.3.3(S) in the telecommunications towers and antennas include a section that lists specific public properties that are allowed to have monopole towers greater than 64 feet in height and those include: (1) Miller Park, (2) Delray Beach Municipal Golf Course, (3) Public Works Complex, (4) South Central Regional Wastewater Treatment Facility. This amendment would add Barwick Park and Lakeview Golf Course as the 5th and 6th properties to this list. -29- 06/17/08 At its meeting of May 19, 2008, the Planning and Zoning Board considered the text amendment and recommended approval with a 7 to 0 vote to add Lakeview Golf Course only and not the Barwick Park site to the public properties list. One member of the public spoke on the issue and did not feel that another tower was justified in such close proximity to the tower currently located adjacent to Fire Station #4. Mr. Dorling stated the Commission considered this at their meeting of May 20, 2008 and approved both sites on first reading. Mayor Ellis declared the public hearing open. Alice Finst, 707 Place Tavant, Delray Beach, stated the Planning and Zoning Board denied this application and asked why Barwick Park and where will this antenna end up. She asked how much revenue the City expects to receive by installing this stealth antenna in the middle of the park and is it worth it to break the views of the community with this alleged Palm Tree, Fir Tree, Pine Tree or flagpole. Mrs. Finst suggested that the antenna be installed in Bexley Park because there are bigger trees and a lot more room to hide a pole. She asked why not install the antenna at the senior center which has not been built as a notice that something will be going there. Mrs. Finst this will be the second antenna in Barwick Park and she does not feel this is fair to the community. She asked for an explanation as to why Barwick Park when the Planning and Zoning Board refused this and said "no" to this location and once this one goes in how many more can the residents expect should this pass. Mrs. Finst urged the Commission to deny this and come up with a different plan for an antenna in the western area. There being no one else from the public who wished to address the Commission regarding Ordinance No. 26-08, the public hearing was closed. The City Manager stated for clarification any proposal for an antenna would come to the Commission as a separate item to approve and the Commission would have to be satisfied with the design, height, collocation requirements, the amount of revenue, etc. and those issues would have to be addressed in an agreement. He stated there is a company that is interested in putting one there and they will be bringing a proposal forward. Mr. McDuffie stated Mr. Barcinski was going to look into the matter and see if the City could get rid of the antenna the City owns. Mr. Dorling stated there was some discussion with the proposed interested party to collocate those facilities. Mr. Barcinski stated he did not receive the information back from the engineers. Mr. McDuffie moved to adopt Ordinance No. 26-08 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote. -30- 06/17/08 10.D. ORDINANCE NO. 25-08 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) amending Section 4.7.8, "Resale and Subsequent Rentals of Affordable Units", to expand the circumstances in which title may be transferred without restriction. The caption of Ordinance No. 25-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.7.8, "RESALE AND SUBSEQUENT RENTALS OF AFFORDABLE UNITS" TO EXPAND THE CIRCUMSTANCES IN WHICH TITLE MAY BE TRANSFERRED WITHOUT RESTRICTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-08 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. Paul Dorling Director of Planning and Zoning, stated this ordinance simplifies language allowing transfer when an owner of a unit dies and removes references that are in the Code to spouses, offspring, or divorce. At its meeting of May 19, 2008, the Planning and Zoning Board considered the text amendment and the Board recommended approval with a 7 to 0 vote. The City Commission recommended approval on first reading at their meeting of June 3, 2008. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 25-08, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 25-08 on Second Reading/Second Public Hearing, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. -31- 06/17/08 10.E. ORDINANCE NO. 27-08 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) amending Section 4.6.6, "Commercial and Industrial Uses to Operate Within A Building", Subsection "A", "Intent', in order to clarify that all commercial and industrial uses shall conduct business inside regardless of zoning district. office.) The caption of Ordinance No. 27-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.6.6, "COMMERCIAL AND INDUSTRIAL USES TO OPERATE WITHIN A BUILDING", SUBSECTION "A", "INTENT", IN ORDER TO CLARIFY THAT ALL COMMERCIAL AND INDUSTRIAL USES SHALL CONDUCT BUSINESS INSIDE REGARDLESS OF ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-08 is on file in the City Clerk's 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 clarifies that commercial and industrial uses shall be conducted inside regardless of the zoning district. The current Code only references commercial, industrial, and mixed use zoning districts and it was thought at that time that would be the only situation we would have this commercial use being contemplated. However, he stated that could be accommodated in other zoning districts like Community Facilities (CF) on a limited basis. Staff felt it prudent to expand that and to make it regardless of zoning district this would apply and was the original intent. Mr. Dorling stated it also amends the Land Development Regulations to allow commercial industrial uses to be conducted outside on a temporary basis for special events under Section 2.4.6(F) and talks about circuses/carnivals, seasonal Farmer's Market, Construction Trailers and Compounds and Horse Drawn Carriages. At its meeting of May 8, 2008, the Community Redevelopment Agency (CRA) unanimously recommended approval of the proposed text amendment; at its meeting of May 12, 2008, the Downtown Development Authority (DDA) unanimously recommended approval of the proposed text amendment; at its meeting of May 14, 2008, the West Atlantic Redevelopment Coalition (WARC) voted unanimously to recommend approval of the proposed text amendment; at its meeting of May 19, 2008, the Planning -32- 06/17/08 and Zoning Board recommended unanimously for approval with a 7 to 0 vote; at its meeting of May 20, 2008, the City Commission approved the proposed text amendment. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 27-08, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 27-08 on Second Reading/Second Public Hearing seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. At the May 20, 2008 City Commission Meeting, Mrs. Finst again suggested that the City have alternate members on the Site Plan Review and Appearance Board (SPRAB) and also talked about the need of a sign professional. Over the last two years there has only been one meeting of the SPRAB that had to be cancelled due to a lack of a quorum. Given this infrequency, the need to require alternate members is not justified. The City Manager stated it would appear to require alternate members to read and be prepared for all the items for every meeting while there is only a very slight chance of being called to serve would be unduly demanding on them. With respect to the need to have a sign professional as a Board member this has long been recognized during the City Commission appointment process and is accommodated whenever possible. With respect to the need for a lighting professional, it is staff s observation that at present the Code is being re-written regarding lighting and many of the current issues that have been discussed at SPRAB stem from the desire of certain Board members to apply new standards which have not yet been officially adopted. They believe upon adoption of the new standards the Planning staff will be able to implement them similar to other Land Development Regulation development requirements. The City Manager stated Michael Gosnell came before the Commission regarding a fence around 734 South Lake Avenue. Mr. Gosnell is a tenant on this property and the fence was built without a permit and the City has spent a lot of staff time trying to assist the property owner with the permit problem but we cannot approve a fence in the front yard which is over six feet tall. The City Manager stated this fence is 7 '/z feet. The rest of the fence can be permitted which is not in the front yard. The applicant will not reduce the height or remove the illegal section of the fence so that a permit could be issued to make it legal. The City Manager stated Pauline Moody had raised questions about sober houses and whether the City of Delray Beach can regulate who moves into the area and under what circumstances. Stricter rules have been attempted to be enforced by the municipalities (Boca Raton to be specific) and the City is limited to the regulation of five - 33 - 06/17/08 unrelated adults as constituting a family. Persons in recovery programs are part of every community in South Florida and are protected by the Americans with Disabilities Act. 11. From the Public. 11.B.1. Brad Bowman, 630 Curlew Road, Delray Beach, stated he would like to make the Commission aware that Airspan Networks out of Boca Raton, Florida has agreed to install a WiMax base station for demonstration purposes for the WiMax network Mr. Bowman stated they are a world leader in the manufacturing of WiMax equipment and it would be a wonderful opportunity to really take advantage of this opportunity. He stated the group he has been involved with two foundations and they have stated that if this is what is going to happen in Delray they are going to pull funding. Mr. Bowman stated we need to readdress that for the digital divide inclusion literacy programs. At this point, the time being 8:45 p.m. the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 29-08: An ordinance amending Chapter 117, "Landlord Permits", by amending Section 117.99, "Penalty", to provide for a waiver of the triple fees upon good cause shown to the Code Enforcement Board. If passed, a public hearing will be scheduled for July 1, 2008. The caption of Ordinance No. 29-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 117, "LANDLORD PERMITS", BY AMENDING CHAPTER 117.99, "PENALTY", TO PROVIDE FOR A WAVER OF THE TRIPLE FEES UPON GOOD CAUSE SHOWN TO THE CODE ENFORCEMENT BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 29-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. -34- 06/17/08 The City Manager stated this ordinance came about because of one incidence where what is equivalent to jury nullification the Board voted 4 to 3 not to find someone guilty when they obviously were. He stated Code Enforcement staff feels pretty strongly that we should wait and see if the City has a continuing and not adopt this ordinance in reaction to one case. Staff is concerned with how the Board might use this discretion in future cases. Mayor Ellis stated we cannot waive penalties for Code Enforcement because we sorry for someone nor has the Commission ever done that on any other Boards or hearings. Prior to the vote, Mr. McDuffie stated he strongly agrees with the City Manager's comments. He stated he would not support this ordinance over one incident. Mr. Fetzer stated he too agrees with the City Manager's comments. He stated he believes it is beyond the scope of what is expected of the Code Enforcement Board and would not be in favor of passing this. Mr. McDuffie moved to approve Ordinance No. 29-08 on FIRST Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie - No; Mrs. Montague - No; Mayor Ellis - No; Mr. Fetzer - No. Said motion to approve Ordinance No. 29-08 was DENIED with a 4 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated staff has changed all the light fixtures in the Commission Chambers and noted that they are the T-8 lights with 2 tubes instead of the T-12's with 3 tubes. He stated the City is in the process of doing this as well in the lobby area and the conference room area which help to save energy. The City Manager stated all the flood lights have to be changed to something that is more energy efficient. Secondly, the City Manager stated he received a letter from the Budget Task Force formally requesting that they be extended through July 31, 2009 so staff will have an appropriate resolution prepared to bring back to the Commission to accomplish that. Lastly, he stated there is a huge four page spread about the village-by-the- sea in Landscape Superintendent and Maintenance Professional which is a national magazine. - 35 - 06/17/08 13.B. City Attorney The City Attorney stated the City received releases from E-Path, Communications, Inc. and the City does not have to go through the grueling process of dispute resolutions. Therefore, she stated the City is finished with that. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he is the liaison to the Education Board and would like to make everyone aware of a very successful event they had this week. He stated the Education Board had the Visioning for the Future Session Workshop that they held at Old School Square and it was very well attended. Mr. Fetzer stated they broke up into round table groups and talked about a City of Character and is a parallel program that is going on with the School Board. Mr. Fetzer stated he was impressed with the participation and congratulated the Education Board. 13.C.2. Mr. McDuffie Mr. McDuffie stated he had an opportunity this week to meet with Lieutenant Coleman, Sergeant Weatherspoon, numerous people from the Police Department, Chief James to meet with a group of people who were putting on a football camp at Plumosa Elementary School. He stated except for the weather on Saturday it was very successful Mr. McDuffie stated he and Lieutenant Coleman discussed over the telephone many times prior to this that they would like to find a way to work this in to the fabric of the youth sports all over the city to be able to reach more kids then they are reaching. Mr. McDuffie stated The Palm Beach Post and the Sun-Sentinel News gave the City tremendous coverage over the success of the baseball programs this year. He stated he has heard back from a number of people how successful it was except for in one age group and noted that apparently in the eldest age group we need some more experienced volunteers for that group but otherwise the praise was overwhelming. He stated we need to be able to have an outreach method and a recruiting method particularly in the African- American communities but also in the other communities because youth sports in many cases are declining. He stated a few of them are prospering but many of the others are in decline right now and noted that they would like to leverage a very successful season by finding some ways to do some outreach. Mr. McDuffie stated as discussed in the Goal Setting Session they talked about putting the other SO1C-3 to umbrella both of those organizations. He stated maybe the Education Board can get to these kids in the school places to have flyers sent home in their backpacks or something like that and apparently the local schools will not allow that without permission from the School Board. Mr. McDuffie stated he spoke to the ministerial association and asked them to embrace a concept like that and they agreed to support. He stated they are looking for these people to reach to their congregations to be able to get the word out to the kids in our community that these sports are available and help to bring these kids into the program. Mr. McDuffie stated the City has the volunteers and the facilities but now we need to improve -36- 06/17/08 the recruitment and he is open for suggestions in that effort. He stated in the past the Little League stuck little signs (like political signs) in the ground and took them down before Opening Day and is not sure if that is permissible. Mr. McDuffie stated there are a few initiatives that he has been looking at that he mentioned in the Goal Setting Session called Harlem RBI where their graduation rates and acceptance rates into college shot up like sky rockets and that three years in row for all the youth that were involved in that program there was not a single teen pregnancy among anyone involved in that program. NIr. McDuffie stated their stats are unbelievable and according to their website the foundations of endowments and sponsors that they have are staggering. He stated they have one baseball field and they support a girls softball and boys baseball program up to age 18 and they reach their facility capacity at approximately 800 kids and leverage the kids that they have there by introducing them to other education and mentoring programs. Mr. McDuffie stated he is very excited about the program and any help that they can get for this program he would appreciate it. Lastly, NIr. McDuffie stated at the last Workshop Meeting the Commission seemed to have overloaded themselves with regard to the weight of all the items. He suggested that items of this magnitude be spread out a little more although he understands that sometimes it might be unavoidable. However, Mr. McDuffie stated there were so many items of so much magnitude to be discussed in that meeting that it was difficult to do it justice in all areas. 13.C.3. Mrs. Montague Mrs. Montague stated when Waste Management gave their presentation at the Workshop Meeting she had a chance to think about what the Commission reviewed but she also had a discussion with two of Waste Management's representatives as well as Lula Butler, Director of Community Improvement. Mrs. Montague stated she understands the consensus was to move forward with a Request for Proposal (RFP) but expressed concern that if the Commission had really gone through all of the scenarios with Waste Management. Mrs. Montague stated she understands Mrs. Butler is working on the RFP but in the meantime the Commission had very specific issues that they could address with Waste Management. She asked if the Commission could move forward with discussing those concerns and then maybe bring it back. Mrs. Montague stated part of the discussion was if we would have the opportunity to not necessarily choose the low bidder because the City is pleased with Waste Management and since time is of the essence she would like the Commission to retain that relationship and they give the City what they want and have staff continue the discussion with them. She stated there was discussion about the C&D clause in the contract, the fuel surcharge, and the extension of the contract. Mrs. Montague suggested that the discussion be allowed to continue in conjunction with staff preparing the RFP. -37- 06/17/08 13.C.4. Mayor Ellis Mayor Ellis stated she apologizes for leaving the Workshop Meeting early; however, her pain threshold had hit its max at that time. She stated she likes to have competitive rates for the Commission to look at when making decisions and believes the City of Delray Beach has been receiving excellent service from Waste Management. Lula Butler, Director of Community Improvement, stated there are a number of things that staff looks at while considering the contract and noted that she is working on the RFP now. She stated starting from the bid that was done in 2001, there were two amendments that the Commission had done subsequent to that and staff is looking at insuring that we have all of those things addressed in this contract so that we can get fair pricing. Mrs. Butler stated the services and relationship with Waste Management has been excellent. Mrs. Butler stated staff will do the RFP and it is a quick turnaround and she is concerned that if the Commission decides to not go with Waste Management there is the mobilization time for a new company to come in and get started and how we transition into that. Mrs. Montague stated it is not only a matter of just picking up the trash in a timely fashion it was a matter of the relationship with the community and the things that are not seen or not said that happen that Waste Management has supported. Mrs. Montague stated if Waste Management can satisfy the City's needs she would like to give them the opportunity to do that. She stated when you go for an RFP you are starting from scratch and you really do not know what you are going to end up with. Mrs. Montague stated it is easy to come up with a price and then find out later that there are all sorts of issues that Waste Management is fulfilling that the new company may not fulfill. Mrs. Montague stated if Waste Management can satisfy the City's needs she would like to give them the opportunity to do that. Mr. Fetzer stated he was very torn over the service issue and had expressed concern over how we can take that into account in a bid. He feels that the service aspect and the relationship we have with Waste Management is very important. He stated he would be open to discussing this further and make sure the Commission has thought through all the ramifications both pro and con. The City Manager stated if we take C&D out of the contract and make it non-exclusive what impact does that have on other rates and Waste Management was not able to give a definitive answer to that question. He stated there was a question raised about whether the escalator clause relating to fuel cost was really appropriately structured or not. He stated it was a percentage applied to the total cost and not necessarily just the fuel piece. The City Manager stated if Waste Management is willing to structure that differently so that we are not inflating costs that aren't really affected by the cost of fuel and if they can come back with some different numbers addressing those two issues then he feels the Commission would be in a position to perhaps reconsider whether or not to award it. In the meantime, the City Manager stated staff will continue to work on the RFP and if the Commission decides to stay with the RFP then it needs to be ready to go. -38- 06/17/08 Mayor Ellis inquired about keeping it together the trash with the roll-offs for construction debris. The City Attorney stated she does not think there was enough information for them to just decide whether it would affect costs. Mr. Fetzer expressed concern about how this is going to impact the costs if we do that and stated there are some definite advantages for having anon-exclusive contractor to do that. Mr. McDuffie stated that Waste Management has done a superlative job. Mayor Ellis concurs with the City Manager regarding the Workshop discussion and suggested to try and get some answers to some of the other questions. Mr. McDuffie stated some of the City's Advisory Boards were concerned about some recycling issues and would like to find out what is going on with this. The City Attorney stated it is the consensus of the Commission to pursue talking to Waste Management in getting these items worked out and at the same time still work on the RFP in the event it is not worked out to the satisfaction of the Commission. Mayor Ellis stated her family is back from Italy and they had a great time. She apologized for missing several events this past week but she is getting better every day. There being no further business, Mayor Ellis declared the meeting adjourned at 9:13 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on June 17, 2008, which Minutes were formally approved and adopted by the City Commission on -39- 06/17/08 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. -40- 06/17/08 f~ IN "fHE CITY CONIMISSIOIV CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 114 NE 1St AVENUE PROPERTY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request to allow a guest cottage, measuring 787 sq. ft., on the property described above has come before the City Corrimission on June 17, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to. the City Commission pertaining to the waiver request from the property owner of 114 NE 1St Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: LDR Section 4.3.3(Q) provides that a guest cottage shall not occupy more than 1 /20th of the lot area and in no case shall exceed a floor area of 700 square feet. The Applicant has requested a wavier to this section to allow for a guest cottage containing 787 square feet. 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. Does the waiver request to Section 4.3.3(Q) meet all the requirements of 2.4.7(B)(5)? Yes 4 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. Ifem q A `~/ f ~ 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver request to LDR Section 4.3.3(Q). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 17th day of June, 2008, by a vote of 4 in favor and 0 opposed. ~j ATTEST: R a Ellis, Mayor ~.~~ !~ a Chevelle Nubin, City Clerk ~ ~~ /off ,2 WHEREAS, the Pompey Park 11 and Linder and 12 and Linder Travel Basketball Teams competed on June 13th, 14th and 15th in the 2008 United States Specialty Sports Association Florida Qiampionships in Melbourne, Florida; and WHEREAS, both teams competed against teams from all over the State of Florida; and WHEREAS, The Pompey Park Blazers Travel Basketball 11 and under team defeated the Srevard Bulls to finish in 1St Place in Division II and were crowned State Qiampions in their division; and WHEREAS, The Pompey Park Blazers Travel Basketball 12 and under team defeated the Hobe Sound Heat to finish in 1St Place in Division II and were crowned State QZampions in their division; and WHEREAS, the involvement and achievements of the Pompey Park Travel Basketball teams in the 2008 United States Specialty Sports Association Florida QZampionship have generated much civic and commLUlity pride. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend The 11 and under team coaches: Head Coach Kevin Huggins and Assistant Coach Lorenzo Penn; the 12 and under team coaches: Head Coach Mark Roseme, Assistant Coach Steve Rifkin, Assistant Coach Jason Floyd; and the players for both teams for their representation of the City of Delray Beach Parks and Recreation Departmealt and offer them congratulations on an outstanding job in the 2008 United States Specialty Sports Association Florida Qiampionship. 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 1St day of July, 2008. RITA ELLIS MAYOR WHEREAS, parks and recreation programs enhance our quality of life by contributing to a healthy lifestyle, increasing communication skills, building self- esteem teaching life skills, and providing places for enjoyment; and, WHEREAS, parks and recreation programs boost the economy, enhance property values, attract new business, increase tourism and reduce crime; and, WHEREAS, our parks and trails ensure ecological beauty, provide space to enjoy nature, help maintain clean air and water, and preserve plants and wildlife; and, WHEREAS, recreatiory therapeutic recreatiory and leisure education are essential to the rehabilitation of individuals who have been ill or disabled; and, WHEREAS, Parks and Recreation Departments, such as the City of Delray Beach, provide countless benefits for their citizens. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim July, 2008, as "PARKS AND RECREATION MONTH" in Delray Beach and urge that attention be directed to the many ways in which parks, recreation and civic groups, public schools, private organizations, and other agencies may expand recreation facilities and programs so that every citizen will have the opportunity to develop meaningful and satisfying leisure activities. 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 1St day of July, 2008. RITA ELLIS MAYOR WHEREAS, the Sister Cities Program was initiated by President Dwight D. Eisenhower in 1956 as an avenue to open coin~nunication and a means to promote friendship and understanding between nations and lessen the chance of futtne warld conflicts; and WHEREAS, the Sister Cities program serves as a vehicle to bring people of different geographic areas of the world together. To that end, the City of Delray Beach, Florida and Moshi, Tanzania established a Sister City affiliation; and WHEREAS, during the past 10 years our coininunities have had city officials and citizens exchange visits and are interested in establishing Teacher, Student and Business Exchange Programs; and WHEREAS, Ngozi and Rhonda Mensah will be traveling to Moshi on behalf of the Delray Beach Sister Cities Committee in July of this year; and WHEREAS, the relationship between Moshi and Delray Beach brings about a great sense of brotherhood, friendship and amity between our twv great cities. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and citizens of Delray Beach, do hereby recognize NGOZI MENSAH and RHONDA MENSAH as Sister Cities Ambassadors representing the City of Delray Beach We send our best washes for good health and fortune to all the citizens of Moshi, Tanzania, and extend our hands in friendship and peace. 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 1st day of July, Zoos. RITA ELLIS MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: June 23, 2008 SUBJECT: AGENDA ITEM 7.B. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 LIFE SAFETY EDUCATOR OF THE YEAR AWARD PRESENTATION ITEM BEFORE COMMISSION Presentation to Commission regarding the Life Safety Educator of the Year Award presented by the Florida Fire Marshals and Inspectors Association to the 2008 recipient, Lt. Patricia Dunkelmann. BACKGROUND The Fire and Life Safety Educator of the Year Award is provided annually to the Association member who has made significant and valuable contributions to the Association and who has demonstrated excellence as a Fire and Life Safety Educator. The award consists of an engraved plaque with the names of previous years awardees and is maintained on display at the Florida State Fire College. Lt. Dunkelmann was nominated for the award by Fire-Rescue Chief David James, which was officially presented during the banquet at the Annual Fire and Life Safety Education Conference on June 18th. MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, PE, LEED AP, City Engineer Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 23, 2008 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 SIDEWALK DEFERRAL/1033 SEASAGE DRIVE ITEM BEFORE COMMISSION This item is a request for a sidewalk deferral along Seasage Drive and Poinsettia Road for 1033 Seasage Drive. BACKGROUND Seasage Drive is in the Seagate neighborhood and past deferral requests have been granted by City Commission for this neighborhood. Deferrals were granted for: 1054 Melaleuca Road in 2002, 924 Seagate Drive in 2003 and 744 Seasage Drive in 2007. This property is a single family corner lot on Seasage Drive and Poinsettia Road and there are currently no plans to install sidewalks on either road. RECOMMENDATION Staff recommends approval of sidewalk deferral. N N n~ W L~ W W ~/ L N M M O r C~ U (~ N m N O O N O M Prepared By: RETURl~~ TO: R. Brian Shutt, Esq. City Attorney's E3f~ce 200 N.W. 1st Avenue Delray 13each, Florida 33444 t~GRF.EIVIEI\`T FOR ~SII)E'b~AE~K Il@!IPROVEI6~E~T`S THIS AGREEMENT entered. into this _ day of 2Q(1_, between the City of Delray Beach (hereinafter the City) and (hereinafter the Owners}, for the purpose of waiving the requirement of the installation of a sidewalk along ____ until such time as the City requests the ~~~~ ~ ~~~ constructian of the sidewalk by the Owner, WHEREAS, Land Development Regulation Section. 6. I.3{C) requires the installation of a sidewalk, within the `~ ~ ~;~, ,~" ,~ ~ ~ ° ~ right-of--way immediately abutting the subject i . property, by the Owner prior to the issuance of a certificate of occupancy; and, ~I-IEi~AS, the OvY'z~ers have regt;.esteci a waiver frot:~. the re~l~.~ireii~~nt of tt?e iMst~Jlatinn of a sidewakl{ pursuant to Land Development Regulation Section b.1.3{D){1)(b}; and, WHEREAS, in order to provide conformity along the street the City Coi~nlissinn voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. Page I of 3 WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the require~n.ez~t for tl:t.e installation of a sidewall~, at this time, for the property located at: ~° Eft C' ~C °%' l . The Owner agrees to construct a sidewalk, at its sole cost and expense, along the 5~: ~ ~i _ ~`~ right-ol=way abutting the subject property, within. a tune pexiod 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 intezat of the parties that this Agreement shall run with the land. This Agree~~~ent shall be recorded in the public records of Palm Beach County, Florida and. shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200 . ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to form and suffaciency: City Attorney Mayor Page 2 of WIT~SSES~ ~ °`~ :. t (Please type or print name) n " ~ ~~ '`~ ~--~ (Please type or print na~r~e) S ~ ATE O~ ~- COUNTY Op' -~ .-...... ~~.t~~~ a ) OWNER: ~,~.°° _. By: ~~~ ~: ~~ BEFORE ME personally appeared i~ ~ ~~ ~ .~.~,:~$~ ~~~~i~ who [areJ personally 1{clown to ire ar ~h~~~r~ [mod respectively] as identification, and who executed the foregoing instrument, and acknowledged before one that [l [sue they] executed said instrument for the purposes expressed therein. WITNESS y hand and official seal this day of lvly commission. expires: a~dsidewalk deferral agrcemei~t Wage 3 o f 3 ". ~ , ~ , ~ $$ . pp""~~ a a~/~,~T~~}$$~~~ -B -- ~I ..~pI.A ~. ~9v ~}~I~ C: ~.' "i7V~ ~ora~~d ~t~r~~ "xti~u~atir 13~nd:~a~ ~;ct., Inc. MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Esq. Asst. City Attorney/Police Legal Advisor THROUGH: City Manager DATE: June 24, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 MEMORANDUM OF UNDERSTANDING/UNITED STATES MARSHALS SERVICE/DISTRICT FUGITIVE TASK FORCE ITEM BEFORE COMMISSION Memorandum of Understanding between the Delray Beach Police Department and the United States Marshals Service. BACKGROUND This a Memorandum of Understanding between the Delray Beach Police Department and the U.S. Marshals Service which establishes fugitive apprehension task forces under the Presidential Threat Protection Act for the purpose of locating and detaining fugitives. RECOMMENDATION The Delray Beach Police Department recommends approval. 2. Overtime Reimbursement: Should funds be available, the USMS shall reimburse your organization for overtime hours. If overtime is compensated, the agency must submit within 30 days after receipt a fully executed MOU. Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act. Overtime per law enforcement officer is capped at no more than $15,572 per yeaz. Reimbursement of overtime shall be contingent upon the submission of a proper invoice on a quarterly basis within 30 days after the close of the quarter. The fiscal year quarterly billing periods are Oct-Dec, Jan-March, April-June, and July-September. Foilure to submit a proper invoice within 30 days after the close of the quarter will preclude reimbursement for the overtime incurred within the quarter. A proper invoice identifies the agency name, address and MOU, as well as the names of the investigators who incurred overtime for the task force during the quarter. The invoice should reflect the number of overtime hours incurred; the hourly regular and overtime rates in effect for each investigator, and the total quarterly cost. All invoices for overtime from operation "Orange Crush must be submitted within 30 days after the operation completion. The invoice should be submitted to the Task Force Chief, who will review the invoice, stamp and sign indicating that services were received and that the invoice is approved for payment; and forward to USMS District Headquarters for processing. Documentation supporting the summary level quarterly invoice will be maintained by the Task Force Chief, and only the summary level quarterly invoice will be forwarded to USMS Headquarters. Group supervisors are responsible for scheduling the duty hours of the personnel assigned to their group, subject to the supervision of the Task Force Chief and the availability of overtime compensation. Agencies will receive a purchase order or financial MOU specifying the amount of overtime available and the dates for which the overtime is allotted. This MUST be received by the agency prior to incurring any overtime reimbursable by the United States Marshals Service. Agencies within the District may join the task force at any time with the consent of the USMS and after consultation with the Task Force Advisory Committee. Agencies that wish to join will sign a copy of the existing MOU for the District. 3. Personnel and Supervision: The DTF/RFTF will consist of law enforcement and administrative personnel from federal, state, and local law enforcement agencies. Each participating agency may agree to assign at least one full-time law enforcement officer to the task force. Other law enforcement officers may assist with task force operations as necessary. Direction and coordination of the DTF/RFTF shall be the responsibility of the USMS Task Force Chief. Subject to the needs of the DTF/RFTF, participating agencies may assign supervisory personnel to serve as group supervisors within the task force. Each group supervisor will be responsible for the operational supervision of amulti-agency group of federal, state, and local law enforcement officers assigned to the task force. The current task force, if applicable, will be integrated within the DTF/RFTF to formulate a joint task force with a greater scope of responsibility and wider azea of coverage. Administrative matters which are internal to the participating agencies remain the responsibility of the respective agencies. Furthermore, each agency retains responsibility for the conduct of its personnel. 4. Task Force Advisory Committee: A Task Force Advisory Committee, consisting of representatives of each participating agency, shall meet and confer as necessary to review and address issues concerning the DTF/RFTF. 5. Vehicles and Equipment: Any vehicles, equipment, credentials, or other items issued to task force personnel by the USMS shall remain the property of the USMS at all times. Government vehicles shall be used only for official purposes and solely for use in the performance of the task force duties. They shall not be used for transportation between residence and place of employment. All vehicles and equipment must be returned to the USMS upon termination of the task force or the departure of any task force personnel. Any other equipment used by or assigned to task force officers will remain the property of the agency issuing the equipment and will be returned to that specific agency upon termination of the task force or upon agency request. Pending the availability of funding, each participating agency agrees to furnish one vehicle for use by the task force for each law enforcement officer assigned to the task force (unless a USMS owned or leased vehicle is assigned to the officer). Each agency is responsible for the fuel, maintenance, and other expenses associated with the use of its vehicles. Pending the availability of funds and equipment, the USMS will issue USMS radios to each task force officer. Each participating agency agrees to provide mobile and/or handheld radio equipment capable of communicating on their law enforcement radia network. Pending the availability of funds, the USMS will furnish cellular telephones to be used for official DTF/RFTF business. 6. Background Investigations and Special Deputation: Personnel assigned to the task force may be required to undergo background investigations in order to be provided access to USMS offices, records, and computer systems. In the event that such background investigations are required by the USMS for state or local personnel, the USMS shall bear the costs associated with those investigations. Non-USMS law enforcement officers assigned to the task force will he deputized as Special Deputy U.S. Marshals. Special Deputations will be in effect only when the deputized task force officer is assigned to the task force and is performing task force duties. 7. Records, Reports, and Evidence: Original reports of investigation, evidence, and other investigative materials generated, seized, or collected by the DTF/RFTF shall be retained by the agency in the DTF/RFTF responsible for the case. However, evidence may be turned over to other law enforcement agencies as appropriate. Copies of investigative reports and other materials may be provided to other agencies in accordance with applicable laws, rules, and regulations. Task force statistics will by maintained in the USMS Warrant Information Network (WIN). Statistics will be made available to any participating agency upon request. 8. Referral and Assignment of Cases: Each participating agency agrees to refer cases for investigation by the DTF/RFTF. Upon receipt of a written request, the DTF/RFTF may also assist non-participating law enforcement agencies in locating and arresting their dangerous fugitives. Task force personnel will be assigned federal, state, and local fugitive Anthony W. Strianese MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph L. Schroeder, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: June 23, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF ,TULY 1, 2008 LETTER OF SUPPORT/,TUSTICE ASSISTANCE GRANT (,TAGI ITEM BEFORE COMMISSION The Police Department requests retroactive approval of the Mayor's submission of a letter in support of the Countywide JAG funding allocations. BACKGROUND The Florida Department of Law Enforcement (FDLE) anticipates an award from the United States Department of Justice, Justice Assistance Grant (JAG) FY 2008 Countywide funding. FDLE allocated $186,774 of this funding to Palm Beach County. In order to receive this funding, the units of government within Palm Beach County (PBC) must provide majority support of the funding distribution and submit a letter to that regard. The proposed funding allocations are attached. PBC recommends that these funds be used to support the Drug Court Treatment program and the State Attorney's COMBAT Program. The COMBAT program directly benefits Delray Beach by providing an attorney assigned to prosecute local cases. Retroactive approval is requested for submission of the letter by the Mayor since the letter was due prior to the July 1 Commission meeting. RECOMMENDATION The Police Department recommends approval. 1#:, .~ r, ~~ ~9 tg :~ n~ ~ ~ ~ SS g 63/19/2008 09:54 FAZ 581247199 CITY MANAGERS OFFICE ~ POLICE IatJ002 Crlminal Jststice Cotarnissloa 3Ot North Oliva Avenue, Snir~ i00i Wens Palm Beach. ft 3J4O1-4795 (541) 363.4943 FAX: (561) 355.4941 www ybcgov.cortvcjc ^ Balm >leath County >soasd ~ Commty Coasraiaioaera Addle 1. Gteen4 Chairperson )aff Koons, vice Chair ttaren 7. MatCU3 Roben J. )ianjian Mary MtCOrry Hurt Aaronson Jess R 5arswmaria County AdshiniitrAtOr Robert Nkisman ;!» ~rydGppenmrry .(pshneowe.senoe ~r+pbyr.' Please send the letter to: Palm Beach County Criminal Justice Commission Attn: Michael Szakacs 301 North alive Avenue, Suite 1001 West Palm Beach, FL 33401 If you should require additional information or have any questions, please contact Michael Szakacs at (5S1) 355-4939. Your immediate attention to this matter is greatly appreciated. SI Ce y . ~. Michael L. Ro u Executive Directs Cc' Mr. James Barr, CJC Chairman . All Palm Beach County Police Chiefs pf~}ad on nc-tiree peper G: N r 1 1 ?aA S 11 :• y • r} I:i YA .. 11 'J' 7i 1 EFf :~ I Y' 1 r. • - ^ I r_~ I ~c 1 a. I ti sa + ~ 1 Id I ~ ~ u I r k ~ ~ K ~ II 1, u '~ ~c 1 ~ ~ ri ti a - sc u MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: June 17, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 ACCOUNT NUMBER CORRECTION/WAL-MART/ INFANT CAR SEAT PURCHASE AWARD ITEM BEFORE COMMISSION Correction of account number for purchase award to Wal-Mart in the amount of $29,989.20 for the purchase of 670 Evenflo Discovery Infant Car Seats for the Child Passenger Safety Program. BACKGROUND This purchase award was approved at the June 3, 2008 Commission Meeting; however, the account number information provided was incorrect. The car seat function is in the Fire Safety Division; the original account number provided for the June 3 meeting was in the Operations Division. FUNDING SOURCE The correct funding source is from account #001-2317-522-52.20 General Fund -Fire Safety -General Operating Supplies RECOMMENDATION Recommend approval to correct the account number to 001-2317-522-52.20 for the purchase award to Wal-Mart in the amount of $29,989.20 for the purchase of 670 Evenflo Discovery Infant Car Seats for the Child Passenger Safety Program. MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Sanford, Finance Director Lt. B. Hal Knabb, Fire Rescue Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: May 27, 2008 SUBJECT: AGENDA ITEM 8.0.3 -REGULAR COMMISSION MEETING OF JUNE 3, 2008 PURCHASE AWARD/WAL-MART/CHILD PASSENGER SAFETY PROGRAM ITEM BEFORE COMMISSION The City Commission is requested to approve the purchase of six hundred and seventy (670) Evenflo Discovery infant car seats for the Child Passenger Safety Program from Wal*Mart at a cost of $44.76 per unit for a total cost of $29,989.20 per quote, dated 05/01/2008 with shipping charges waived. BACKGROUND The City of Delray Beach Commission on 11/06/2007 officially accepted a grant of $58,000.00 from the Florida Department of Transportation (FDOT) for the City of Delray Beach Child Passenger Safety Program. The grant is a 100% reimbursable federal grant award and does not require a local cash match. 670 Seats/2 er Wal*Mart Mercury Distributing Babies R Us Unit Price $ 44.76 $ 44.05 $ 49.99 Shipping Per Seat/2 $ 0.00 $ 2.81 Plus Frt.? Total Per Seat $44.76 $46.86 $49.99 Total Purchase Price $ 29,989.20 $ 31,396.20 $ 33,493.30 Wal*Mart discounted each infant carrier $4.97 for a savings of $3,329.90, above the savings of the shipping charges. Babies R Us offered the Internet pricing only, Target did not respond and Mercury Distributing did not offer a discount for volume and would not waive the shipping cost. The Evenflo Discovery infant car meet the standards and protocol per the FDOT grant. FUNDING SOURCE 001-2315-526.52-20 GENERAL FUND-PUBLIC SAFETY- AMBULANCE & RESCUE SERV RECOMMENDATION The Fire Safety Division recommends the purchase of six hundred and seventy (670) Evenflo Discovery infant carriers from Wal*Mart for the total cost $29,989.20, in accordance with the approved highway safety funds from the Florida Department of Transportation (FDOT). t •, ~ ~ ~ ~ - . ~ - ... Flo~ia~a De, par~tmen~ o,~' 1''r`anspoYta~io C>«nRt,YE c~sr ' ~ GD5 5wvannee Street - GOV~RNOR Tatlaf,assee, ~! 32399-045Q March Z8, 2D08 David T, Hsrden, City Manager City ofDelray Beach l DD 1~'W 1'~ A.veaue Delray Beach, FL 334A4 RE: Project Number: zC2-08-i7~13 DOT CantractNwnl~er: AP35i ]dear Mr. Haden: n .. sr~r xar~~vt~sos SECRETARY Your application to the Florida Depar#nent of Transportation for highway safety funds has beau approved, We are pleased to make this award in the amowrt of $58,DDO.DD for file purpose of impletnentiug a Child Passenger Safbty Program far llew Parents. A copy of the•agproved subgr~nt agreement referenced above is enclosed foryour file. Ali eonrespondenca with the Department should always fefer to the project number and the Deparknent's.contract nuzpber. The effective date of the snbgra~nt agreement is Marciz 25, ZD08, and only.tliose costs >ncurred on at after tha# date and be~'ore October 1, 2DD8 are eligible 1'or.zeimbursesuezrt. Part V-of the subgraut rerjuires that rE+huburse~ment requests be submitted at least once each quarter as costs are incurred. . If your sabgraut includes equipment.costiug more than $SDO per item, the Head of the Implementing Agency must send a letter certifying that roue of the equipment replaces existing items. If you are purchasing a piece of equipment that casts mare than $5,DDD, you must suhttzit a Norc-Expendable Property'Accountab~y Record for the item ~vithyour reimbursement request Tt'yaur subglrant includes funding far public awareness materials, you must send. samples of the uxaterial's for approval pria~r to purciu~se. Pleaso review.l?art V afthe subgrant agree~ettt entitled "Acceptance and Agreement" This section contains the legal conditions of your subgraut. ~ . We lock forward to rwoxldng with you on this }iroject. If you have any questions or need-assistance, .please contact Ralph Salves at ($50) 245-iS2b, who v¢lll be coordinating this activity. ' - - S c ely, Randall G. S . Traffic saf Administrator RG5/rs - - Enclasures . cc: David James, ]lire Chief 1'asep~ M. Safford, CFO - 13. Hal Nabb, Project Director Zoe. Taylor, TSD F~izsancial Spedalist ~OntraCt 1y8y1neAt ~eCtiRli t.'OlltS iict ~'11S ww,w,dot.state.ft.us '~ ~ - 1 i- i I ~ I l& MEMORANDUM Delray Seach Fire-Rescue Department . TO: Patsy Nadal DATE: 05/13/08 FROM: B. Hal Knabb Lieutenant SUBJECT: Infant Car Seat Quotes Dear Ms. Nadal: vendors: I have reviewed the proposals for purchasing infant car seats from the following four {4) Baby's "R" Us Mercury Distributing Target Wal*Mart I think the vendor with the mast appropriate infant seat, to satisfy the needs of our grant, is Wal* Mart. Their infant seat, Evenflo Discovery, provides the structure and the safety components needed to secure a safe environment inside a vehicle. Furthermore, this infant seat meets the standards of NHTSA and the protocol of our FDOT grant. Lastly, this infant seat is economically the best seat per unit price with no additional charge for shipping. 1 appreciate very much your assistance in obtaining these quotes. Please let me know what further assistance I may provide. Thank you, Lt. Hal Knabb cc: rohn Tomaszewski, Assistant Chief BHK/dn Discovery 5 Infant Seat Mme: F~~ ~ ^ kti ~es~ arBab ,~ ^ . • New! 5 point harness for added safety! • New! EPS, Energy Absorbing Foam liner • New buckle and chest clip for increased safety and ease of use • New pad design offers increased padding • Improved canopy adjustment • Comes fully assembled and ready for consumer use • Stay in car base: easy to install and transport • Child size requirements • Rear Facing 5-221bs • Height, 19-29" • Less than 1 year old Featuxes Ber-efits • New! 5 point harness • Added safety for baby • New+. EPS, Energy Absorbing foam liner • Added Safety for baby New! Increased padding throughout seat More comfort for baby • Carry Right® handle Ease of use and #ransportability Increased padding in seat pan Increased Comfort Easy grip handle adjusters • Quick and simple adjustments One-step harness adjustment • Ease of adjustment • Separate base Ease of installing and transporting • Separate, retractable canopy • Comfort and protection far infant • New! 2 Piece Chest Clip • Increased ease of use • Machine washable pad • Ease of maintenance • Rear-facing #or 5-221bs. • Safety for infant • Can be used without base • Increased ease of use • Designed and tested for structural integrity at energy • For travel safety levels approximately 2X the federal crash test standard Specifications Retailer Profit Plan Model Number 3021198 Pattern Factory Select UPC Number 032$84- 14557-~' FOB Piqua, OH Carton Cu. Ft {i} 5.0 Product Weight (1) 9.91bs Product Dimensions 18'/'W x 25'/Z°D x 26°H Standard Pack 'i Master Garton Dim. 18.63"W x 15.25°D x Master Weight 12.07 31.25"H Evenfla Company, Inc. 707 Crossroads Court Vandalia, Ohio 45377 i . ~ Y~ ,• - - . ~L ' Sane rnor+ey. ~:ive b~~t~r..°• . ' ~ ALtSAYS THE LDI~ PRIGS . HANRGER'•GLIVB PR¢YES'[-HERDN' • ' ~ (661. ] 4 5 :- ~i ZT • - r ST# 1589 DP 0040~92•TE#:86 TR# p92~7 . EVFLD.1fSCVR' DD328841~$~(. -` 3Q4 f1T 1 FDR '~ ' ~~#:~ 13,42#~1 ~ ~1FLD~l35GVRY QD328$4148 ' ' ~' 34D~ AT • 1 FDR: • ~i~#T5 .13;4281H3Q' d _ . ' j' " k~1I~C.D ~GyRY DD32$84i~8221F' ~ ~ ~ .•~ . ~--' 78 RT , i. FDR !4q~76 ~r13~f3; ~ • . , :, ..-• ., •, 5118,fQ~T~~ 79; 989i#k20 • ~ ~ ~ e p ~d . .. ~: GR$H.~. TEND X9,•989#2a +~ Z'gi ~ ~ I. • , •.. CHfl~i£ DUE • A#OD ~ 1 .. ~*a ~ : ~NVAL3D ~tEGEIP:f .~: T.RAINI#H3 : ~a~. I rle~ ,PMfduata, La$est 'roi lbacka .. " S!9 UR',3t Wai:~a~t:COrile~iall ~_ ..~_ PRICING QOUTE ONLY -ITEMS NOT PURCHASED ~® ~~ It ~' ,~ Sold To: 7001 Wooster Pike Medina, Ohio 44256 PH 800-815-6330 FAX 800~15~324 City of Delray Patsy - 561-243-7161 Ship To: to be provided Delray Beach, FL 33444 t~UOTE 1-n5192oos Date 5/19/2008 Customer ID Customer PO Pa meet Terms Net 30 Da s Sales Re lD 5hi in Method Shi Date Date D~[e cmb LTL-ESTES Quant' item Desert tion Backorder Q Unit Price Extension 112 3021198 Evenfio Discovery Infant Car Seats $44.05 $4,933.60 (ships 2 per case) $0.00 ~ $0.00 r $O.Oo $0.00 $O.oo $o. n0 912 X 6 SHIPMENTS = 672 SEATS $0.00 $5874.30 X 6 SHIPMENTS =$35,245.80 Subtotal 4, 933.60 Sales Tax QUOTED ESTI=S TO INCLUDE CALL AI~iF~1D, Freight 940.70 LIFTGATE & INSIDE DELIVERY (IF THESE Payment Received SERVICES ARE NOT REQUIRED, DEDUCT $100 PER SHIPMENT FROM FREIGHT TOTAL $5,874.30 CHARGE 0 bn P., ~~- I 0 Q~ y W I C~ W Cf] U [X+" i~f U rn Q O ~4 k Lia J~ m ~` ~i . o L a L 16 p Q~ m ; [!] m .~ €.€J O u Q N 16 U wR. 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Cif , ~. >f A "' 3 • ~ M m ~ ~ ~ i, ~ ~ y H y E "' ~ y ` V L ~ ' a ~ ~ ~ ~° N v ~ ' ~ E c _ ~ ~ ~ Itl p tL. ® m y m ~ ~ ~ ~ n ~ g, '° ~ °' 0 oC a ~ v v N ~ ~ ~ ~ ro L ~ re. °" U A a~ L ~ v +~ 10 ~ (~: ~ L ~ N f6 J L IO ~ _ ~ Q LIJ In L E~enflo Tribute S DLX Car Seat -Sig Brown Plain :Target Page 1 of 3 Skip Page Navigation AEI Products `!~ Sign in { Nev ~.... ~~"~ ~ Save Ip°fp when y~ia open a f~~E3c~rc~s" ~redlt ~~c~unt. Apply E~©w r , . Browse Similar Items Convertible Car Seats All Car Seats New Arrivals in Car Seats Car Seats Convertible Car Seats Navy Blue Gear Evenfio ~ `U ~, ~~~~~ ~~~ ~~a~~ uana~ Ang. Guest Rating: Availability Usually ships within 24 hours. This item is available online, but is not available in stores. Errenfly Tribute 5 DLX C Seat -Big Brvwn Plain $59.99 Quantity: 5i_g`n-in far i-Click _ gun r~~ ,.:_:,~.~ i~.a:r Prices, promotions, styles and availability may vary by store and online. __ _ .... , ~_....~.. __ ~._ .m... ._ _ ... _ _ .. _ .-- _ __ ~. ~A~t3~~L. ~s_~~R€1~'}ooty ~ ,Q~J~E"rEt~P~A.~ t~~CS ~ ,`.a°ii~P1N~ 1hd~~ • Convertible Car Seat • Features 2-Piece Chest Clip, 5-Point Harness • LATCI-t Anchor System, Up-Front Adjustment • Contoured Seat • Puzzle Lock Closure, Buckle Closure • Removable Seat Padding Better Together Buy this Evenflo Tribute 5 DLX Car Seat - Bic~Brown..Pla.n, with Graco Pack 'n _Play..Pla.,y.Y Rise and Shine today! http a/www.target.com/Evenflo-Tribute-DLX-Car-Seat/dp/B000YZAZ8 8/ref=bxgy_ec_im... 5/23/2008 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 24, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HELPING, INC. ITEM BEFORE COMMISSION City Commission is requested to consider approval of a request received from Edith Thompson, Executive Director Community Neighborhood Helping, Inc., to provide $12,000 seed money for the 2008 Glory Awards to be paid back to the City once the County funding is received and to approve the attached Agreement for Advance Funding for County Grants. BACKGROUND Attached is correspondence received from Ms. Thompson requesting the $12,000 seed money for the Glory Awards along with an event budget, letter of funding approval from Palm Beach County and proof of tax exempt status. Palm Beach County grants are approved on a reimbursement basis. Commissioners approved a similar request last year for $12,500. The City received our reimbursement for last year's funds on September 28, 2007. County funding approval for this request will come from current fiscal year funding. The Glory Awards will be held August 29, 2008 from 6:30 p.m. to 10:00 p.m. at Old School Square. Attached is a copy of the Agreement for Advanced Funding for County Grants. FUNDING SOURCE Funding is available from 001-1111-511-48.10 (City Commission/Special Events) after transfer from Manager's Contingency. RECOMMENDATION Staff recommends approval for the request from Edith Thompson and approval of the attached Advanced Funding for County Grants Agreement, to provide $12,000 in seed money for the Glory Awards 2007 to advance the County commitment for funding. 06;'1?,J2~10^0 19:38 15617322147 BOVNTON DTS P~';GE 01 r ~~e^ , ~~<.J P~ ~....; .i~,i~t ~ ^' ?lli~~~ ~;~:~r~'~~r~~A, ~ Fzr,~rivs: June 17, 2008 Mr. David Harden, City Manager City Delray Beach 100 NW 1 °~ Avenue Delray Beach, FI 33444 Rd: Seventh Annual Glory Awards Dear Mr. Harden, We respectfully r~ecluest advancement of the sum of $12,000. "fhe funds will serve as event seed money. The Seventh Annual Glory Awards is scheduled for the 29t~' of August 2008, Old School Square, Crest Theatre is the venue. We anticipate reimbursement to the City of Delray Beach ay October 2008 via approved RAP grant funding by County Commissioner Addle Greene of $7,000, and County Commissioner Mary Mc Carly $5000, If yQU have any questions please contact me at 561-255-2668 or a-mail edichmfomson (C~ao 1. com. We ~ippreCiate your consideration and Iook forward to seeing you and your family at the Seventh Annual Glory Awards. Respectfully, ~ ~jl~~~, U'Vfj~~~~(//l./ d'~h Thompson founder/Exec. Dir. ~~7Gi. (~~ File (~) ~U~ ~ ~ f~a V O O~ z t ,., z q, t v ~ ca U '~: ~ v O~ t/~ O i ~ ~ ~ ~ ,~: O ~ ~ ~ ~ ~ ~ .a ~ ~ ~+ O o 0 0 0 o O O O O O O ~ D ~ ~ O O 0 o D O D N O D 11 ~ r N N N N T O O _ Q Q O Q O O ~ ° O V ~ c V c O N ~ ~ U c tv tv tv ~ Q c c ' ~ Q a c ' Q Q •Q a ~ D. 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H9 H9 H9 d9 ~ 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 O O O O 000000 O O O tp 0 0~~ 0~ O O O M N~ f~ O H O O O O r r N M N N EA EA EA EA EA EA EA EA E19 M V) Y M O v.- >, 10 '~ O ~. N O N O v N ~, N o- C N c c Coj c O 0 ~ ~ U ~ fA U Ip ~ N C °~ p Nt vQL ~ E ~+ > U O d~ N ~ • f- ~ C co ` o •` N c ~Q~ o rn ~ ~ O p C o ~ ~ ~ 0 ~ 3'0 4: N~ ohs aci c U Q(n C9+ ~>cn> d> W '~,~ m ~ C C N N N ~ ~ U O O ~ N o ~_ F li ~ F O O O O O O O O O O O O O O O O O ~ O O ~ M f~ O O N ~ 11h ~~~~41 ~ Lii r7 ~ q '~i N ~ (n N 4+ U '((' Q ~ N ~ 4. E'ccn~ ~ a N u ~ O d (n ~ F- O F 06,r'1~^,i'2062 e3: 13 -~ --.~. __ _ 1 561 73221 4 7 ,;; -2~Q12 7 6 = 03 .' I3iT$Rt3R'L gb'VBtt[333 g,13ZtVACE y, p. EOZ 2506 ~ . ~' CINCIP~AT2, OH 45201 ~ mate. ~ ~ ~ I ~~ 7ZSC 3106 C062MQRA>!~'~ .~ D£LARY BEACH, £L 3394fl SOVNTON DT5 PAGE B2 DE)?A[tTMF,)'7'7,' of 'CfiTs '£R.EP.St3RY h~lnyslr Identifzcatian Number 65-17,53~fi3 DLdJ Z~o53a31o56031 NAT7CY D' ~ERCT, .' ' `' : - - YIBIt,, 3ldl~@,,.,,„_,. ; ,„~ , contact Tai ¢pboynes NueiEe= _ "dr ` ".:~ " :`' (e-~~1 aa9-ssao Accounting !?eriod E~disig: )aecamber 31 ~'oxta 990 RsquiYed: Yes Addendum A~ppliea: Na Denr Applicant: '" - - ., ..._,.,.,g~s~d on inforna~ien supplied, and assesmiz)g your aperacfons ~+ill 73e as sfieted in yo"u"` "ylgYp3~eal~eiooa !ar 7rsco~ttition of eatOugsCfan, ~e ha,e deCeK~mined you are esct £ram federal income t'a ' wsdelr ~a~OU. 541 fa) of r;he Internal ]gcvrntse Cone ass gn oz7gauizattiv=- dmacribcd in aGCLiotf So1(cl (3) . We have Further determined that you are :wt a prival:e °_vunda_ior wit`ix: chc meaning of section 509 (e) of the Code, betauae you are an organization .-de~cr°~:'tx~3 izr .~ti~na 5R9 ia? (1) and 7.7o fb) (Ya (A) (vi1.. 3f yc-uti• s:ouzGes of support, or your purposes, character, or method af,... ~~~ ~ .. vpera~7:io~..r:~. P~.ease lit va )eRr~+ so ,.~ can, eona~der the effect of th+a ~ eiaufe~c3e an ~,nouY exF`III[]t s'tiatus -aas3 ~o~.&~aa sra.tua:. .I7r-.. thy. tree. e~ are amend- _._ . menC to your arganiza:tiausl rloc'+noenG or bylaws, please s~ its ~ cePY cry usze--::-,~> `_". ;-, a~neYldcd docunaeat oz bylaws. Alec, yov alxould infozla ua of x11 changes in your Heine ar addre~R . s-s of January 1, ],984, yen are ].table far Laxes under the 7?erleral Xr~svXarca ConcrSbueiors Act tsoeial 6ecux5.Cy. ta7ces) on xemunerbCiQ1] of S1vU or mores you pay tv each of your employees durirsc} a cakends,r yens. Yoa are not l.iahle xor the tax im)ioscd under the Federal iJnetrploymsri[ Tax Acr (F'UTA) - Since you are not n flrivate foundation, you arc not subject to the excise taxes undcx Chapter iZ of the Code. However, if you are involved in an. excess lxnafs.t tranaacziou, that Cta.Aaact~on might ba subject to the eacisc eaxcs a£ se~ctAon 4958. Additionally, you else ace aeetomatically exempt from other federal eXCise LaxB6. IL you hxtr~ ariy questYOns about excise, emplo,rment, or otbet federal taxes, please aontacC year key dir~txict office. ~. GranCara anal caner9.butar+n may rely on Chia determination uxaless t=he Intez'rud. Tteveuue sarvlce puAlis)aeq noefae to ehe contrary, iiowevrs, iE you lase yaux section 5o4fa)(z1 status, a grantor or cuntrib~.tor msy :toe rely on Chia detcrso,rigtYar~ if he or she vaa in part xasptir-~rila2G for, or Was awarE ai. the act yr failure co eat. or the substantial yr material ct~anga on the LeCtefr 947 (DO/Cfi) ©6~'18r2p©8 ©?,; 13 15617322147 -'""" 1°~ K'" BOYNTON DTS F.. PAGE p~ -2- COC4+Ii3I3ITY I~T~3I3BOP,~bOD ~T,PZ2dG pare of the wrgdnisat:ian thet rexu.Ited in youz loss of suet status, oz if he oz she acquired Irnowledgc c3iat the Internal RevBaue Service h,a-d gives notice that you rvvld no longer be Classified as a section 509ta?(1) orgazsiza~ion. I1onoYa may deduct centFihotianR [a you ar pzrnrided in set=tiott ].TO di Lhe Code. Bequtats. Ieg~aCYEi6, davSs<es, transfers, or gifCa to you or .tor your us<e are dCductible tvr f~dera2 estate and gift tax purposes it they mCeL the applical:-le pxovisivns of Cade aeeci,dns 2055, Z1pd, and 252. ContXibaLioxi dedtzctionse are a]lor.ab3e eo donors oTaly to tk< extent that their contribuCions axe gifts, -rith t;o consideration received. Ticket put-- chaffits as=8 similar Payr+~nts in cnn~uctL-tio» ,rich Lus~draising evCnta may nos uerQ=rarily qualify as deducti$la: cantrihvtions, depending on Lhe circvsn- 6tancea. See zteYanve Ruling 67-~46, publialfed in Cumulative 8ulle[in 1967-2. on page 1.04, xhicR sets forth guidclxaes regarding she deduc~ibiJlity, as chAri- table comtributi.ons. of paywena~ made by caxpayeYS for admisaian co or OGntF parcaciQation in fundraising activities foz Chax•icy. _~~ the hradiag of this leeL$T ++e lave indicate+3 whethrr you must £ile Form 990, Rtt:urri'of Organi2acian 3SxemQt F3`om Income Tax. If Xes is inclieRted, you erg z~ecd+uir0d ev Pi1e £erm s90 only if your groa9 receipts each year aSe nora+ally arire thacs $75ro0o. However, if you receive a Form 99o package in the mail. please file the return sv:u if you do not exceed the gross receipts test. I£ you are not zeq~uired Co f3.le, siteQly attach tht lat~el. provided, check the hox in khe Reading to indicstte that your amzual grass x+eceiprs arc normaclly S2'S, ao0 or less, snd Sig7s the return. Zf a rdCUrn is x'agexixml, it eaaisC be fled by the 15th day of the fi£kh aont.b afCet the end of yaws ~n~1 aurcounting period A penalty of $20 a clay is ch8zged rlh6~a a zvLUrn ace Piled late, unl,e=c there i¢ zeaceanab],c cause for the delay. 3to++ever, the maximuse penalty charged cansgt txcead $iq, o00 or 5 percetnt of yvuK gross xeaeipts for the year, whichever is legs- coz aYganitatfaus vit,h.,gresa recexpte ea,CeOQing 51,opQ,.OpO in dtny year, the pera]ty is 5100 TMY day per z~turn. 1lnlecc Chexe is rea=enable cause far the delay, Rhe mexxutum pcsialty fez sin organ4sation with gross rccsipea extecding 51,000,000 shall +aot exC~ed $SO,000. This penalty may also bE eh~xrgad if a ret.uxn is not cep~IsCe, 9o be sure•your return ie complete before you tilt it. You acre zequiz•od to asake your 8naual iuPormatioa return, Fozm ggo or Form 990-~Z, Bvailab]® for public ingpecttau fpr threes yesrs pi~ter ChB later of xhe due c9ace o.f the zccurri or the gaze the r~ecuzn is filed. xvu are also rnquirad to au.kB avaSlabZe for public ingpeetxon year ex@mpLion 3ppiicat~.on, any ifupporting [~oGIImRAtS, and your exemption 1@ttez_ Copies of chests dacumenCa arc also rcyuired to be Qrovided to any fndividual upon wzitt¢n or person request rritk~out clsaxge athtl than xeasotnable fees for cot~I•ittg and post®ge_ You may fulfill tbiS xrtQuii*,,..,..,,,t•,.lry placisag tbese docua-ez~ts on the IntGxnet.. Pensltiea may be impnsed t`ar failure to c~maly vi r1, rlu.m~ rcquir~mcnta. Aclditi,onnl inforerq.tion fa xaac-&xeuipt ,status far Your d~an3zatSos,, ~'tumber shown +~Dava . in - - --- -- 06;~1s;2ees - 03:13 15617322147 ~~ BO'vNTON DTS r' ~:„ _3^ COMOgUNX'7'Y NEIG~iSOR~ACD I~Y.YII4G !~ You arc not required to file fe4eral income Cax returns unless you are subject to [he tax on uazeAAted knlQiAl69 S.nCaaa uadax Coction S?.1 of the Cods If yea aY+~ subiett co this tax, you least filC vt income [8x-return on Form g9o-T, ~er~[ pYganitacion Business Incemc Tax 3iGturn. xn this ?ettc]c wa are noC dctarmisiitr.9 vhather Tiny of y+ouK pzesent ar proposed activit%ea are unre- leted cra~de ux Ls~ifn¢aft as dsEipsd ire ssetian 51d of Gha Code _ PAGE 02 Y'ou need an employer ident3ticacioo nwnhez oven ii you have ran mcmployeG6. ff as employer idsntJ.iicacian ntyt~iex vas not enterers on your applicarion_ a number wAll )~ azrigcnsd tv you and you will be advised of i.e. P1e~-ze use that n.~mber ass all returns you file and is all oorxeapondenee vfth [bre Xnterna] Revenue Service. T'k-j.s deter.einatian is based oa evAde~ce that your funds are der3icat~d Co tka• purports listed in ae[:tfan SO1(C)(3) of the Code, To assure your Gontinucd exemption, you should keep records to shoe that Funds are expended only to~C Gso6e puzpeses_ if you distriDUSe runda to otrier orgar~iza~tions, your rscorda- eleuuld s)lorv vh:ther they are exQwpt under section 502 tc) {3) . En CnBea where cha raa3.pia-sst org~Aization is not ~xo.npt under seccSQt1 SOl tc) {3~ , thexc ahoul~~,.~..avi~31« rif'At vise fuwdti M£I1 scmaip dcdxcatcd to the reguixad piirpoe~6 and tea[ they wf11, be uaeQ tvr chose puXposea by the recipient. if dietributior~s a~ meat Co individuals. ease histories regazding the Fccipicnts should be kept shoving nan-es, addresses. Purposes of awdrdn. manner of sel.ecCion, relakxoushiQ tit air) ea members, officers. t~^ustees yr donate of £un~ ~o ycru, ao that any at~ri e3,1 diaGributians wade Co i»dividualt can be subgtslltya[ed upon request by the Internal Revenue Service. (Revereuc Ruliing 56-2U9, C.B. 1956-2, p4ge 105:) if ote t3ave indicated in the hearfiag of this lettet that aln addendum app2isa, the enclosed addeudun is ac. iucegral pat'[ at Chis katzex, BeGausa Chis letter could, h81p rseoive ery queacioni a)xntt your ~zxe.opt status and €aeudation starxa$, y[x~ should keep it ix) your per'rnanent record6- St you have any quex~tiotsst, pxease contact Cho person vhose Hems a[td telephone aum]xx are swan in the headirr,~ pf this letG®r. SzncexelY Yours, Stevan ~_ Hiller Director, Exempt organixaCians TOTAL P. t34 AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND Community Neighborhood Helnin~, (~IQT-FOR-PROFIT AGENCY) FOR ADVANCED FUNDING FOR COUNTY GRANTS THIS AGREEMENT is made and entered into on June 1s, 200$ ~~>~~, by aril between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "City", and Community Neighborhood Helping, Inc. , a Florida Not-for-Profit Agency, hereinafter referred to as "Agency". . WITNESSETH: WHEREAS, City, in corijunction with Agency, IS promoting the r, ~,-3T Qila,-~ ~ ' (describe project) On August 29, 2008 (date) at old School Square (location); and WHEREAS, the Project. is a community Project in Delray Beach financially sponsored by City and organized by Agency to honor various individuals and/or organizations for their volunteer contributions to the City and WHEREAS, the total cost of the Project is anticipated to be approximately $ ~ ~ _ nnn (amount); and WHEREAS, Agency has requested advanced funding from the City in an amount not to exceed $ 12 . ooo~, (amount) to cover the amount of a grant to be received from Palm Beach County to help offset costs for the Project; and WHEREAS, City desires to advance funding to Agency to help offset costs for the Project until funding is received from Palm Beach County; and WHEREAS, Agency shall provide pertinent supporting documentation of the expenses incurred that were funded by the City advanced funds. WHEREAS, Agency's cultural arts, recreational, and/or community Project is deemed to serve a public purpose; and WHEREAS, both parties desire to enter into this Agreement to establish and set forth terms and conditions for advanced funding to be provided by the City to the Agency. NOW, THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: ARTICLE I FUNDING AND NIE'fHOD OF PAYMENT 1.1 Funding. City agrees to advance funds to Agency in an amount not to exceed $ 12, o00 (amount) the grant amount approved by Palm Beach County for event facility rental, printing and supplies, advertising, photographer, decorations, food and/or other miscellaneous expenses related to the Project, as specifically set forth in Exhibit "A", attached hereto and incorporated herein. 1.2 Notice. City will use its best efforts to provide advanced funds to Agency within thirty (30) days of receipt of the following information: a. A detailed written request for advanced funding provided to the City Manager orhis/her designee. b. Event budget. c. Site plan. 2 d. Other information as required by the City Manager or his/her designee. 1.3 Forms. Agency shall complete the attached Advanced Funds Supporting Documentation Form on Exhibit "B", after the Agency expends the advanced funds. Said information shall list each vendor, description of approved expenses as stated in Exhibit "A"; date paid, check number, and amount paid. Agency's Project Liaison shall certify to the City that each purchase, as listed on the Advanced Funds Supporting Documentation Form was paid by Agency for the Project for which funding was approved. 1.4 Supporting Documents. Agency agrees to return the completed Advanced Funds Supporting Documentation Form along with supporting documentation including copies of detailed invoices and copies of cancelled checks (as proof of payment) to the City within sixty (60) days after the event/project completion date. Upon written notification to City at least thirty (30) days prior to the event date, Agency may request an extension beyond the sixty (60) day period. City shall not unreasonably deny Agency's request for said extension. 1.5 Future Awards. City reserves the right not to award future advance funding if the approved Project expenses incurred and included on Exhibit "B" by the Agency do not match the amount of funds advanced. 3 AR"I"ICLE II DISCRIMINATION PROHIBITED 2.1 Agency agrees, warrants, and represents that all of the employees and participants in the Project will be treated equally during employment, and for the provision of services withoi.at regard to residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status or sexual orientation. ARTICLE III 'PERM OF AGREEMENT 3.1 Term.. The term of this Agreement shall be until a„a„Gr ~n_ ~nnR (date), commencing upon 'the date of execution by the parties hereto. ARTICLE IV TERMINATION AND DEFAULT 4.1 Default. The parties agree that, if the Agency is in default of its obligations under this Agreement, the City shall provide Agency (2) two weeks written notice to cure the default. If the Agency fails to cure the default within the (2) two weeks period, the City ,shall have no further obligation to honor future financial requests submitted by Agency for the Project deemed to be in default. 4.2 Termination. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by the City with or without cause, upon (2) two weeks written notice to the Agency. 4.3 Return of Unused Funds. In the event Agency ceases to exist, or ceases or suspends the Project for any reason, Agency shall notify the City in writing 4 and Agency shall return airy remaining unspent portion of the advanced funds to the City. ARl"ICLE V GENERAL CONDITIONS 5.1 Federal, State, County and City Laws. Agency agrees to abide by, and be governed by, all applicable federal, state, county, and municipal laws, including but not limited to, City of Delray Beach ordinances, as said laws and ordinances exist and are amended from time to time. In entering into this Agreement, City does not waive the requirements of any City ordinance or the requirements of obtaining any permits or licenses normally required to conduct business or activity conducted by Agency. Failure to comply may result in City's refusal to honor financial requests for the Project. 5.2 Independent Contractor/Indemnity. It is understood and agreed that Agency is merely a recipient of City funding and is an independent contractor and is not an agent, servant or employee of City. It is further acknowledged that the City only contributes funding under this Agreement and operates no control over the Project. To the extent permitted by law and without waivirMg 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, Agency 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 act or omission of Agency, its agents, servants 5 and/or employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. 5.3 Insurance. Agency shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Agreement, insurance coverages and limits (including endorsements), as described herein. The requirements contained herein, as well as City's review and acceptance of insurance maintained by Agency are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Agency under this Agreement. a. Commercial General Liability. Agency shall maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. b. Automobile. (REQUIRED IF PROJECT INVOLVES TRANSPORTATIONI Agency shall maintain, during tl~e life of this Agreement, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit bodily injury and property damage for claims arising from damages for bodily injury including wrongful death, as well as from claims for property damage which may arise From the ownership, use, or maintenance of owned and non- owned automobiles, including rented automobiles, whether such operations be by Agency or by anyone employed by or contracting with Agency. Should Agency use independent bus companies for transportation, it shall require such company or companies to provide automobile liability on such buses in the n•iinimum amount of $1,000,000 combined single limit bodily injury and property damage liability and shall include Agency and City of Delray Beach as Additional Insured. 6 c. Workers Compensation Insurance 8~ Employer's Liability. Agency shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statutes Chapter 440. d. Additional Insured. Agency shall endorse the City as an Additional Insured. The Additional Insured endorsement shall read "City of Delray Beach, a Florida municipal corporation, its Officers, Employees and Agents." Agency shall provide the Additional Insured endorsements coverage on a primary basis. e. Certificate(s) of Insurance. Prior to execution of this Agreement by the City, Agency shall deliver to the City a Certificate(s) of coverage evidencing that all types and amounts of insurance coverage's required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. Certificate holder's address shall read City of Delray each, 100 N.W. 1St Avenue, Delray Beach, FL 33444. 5.4 Audits. Upon request by City, Agency shall demonstrate financial accountability through the submission of acceptable financial audits performed by an independent auditor. 5.5 Records. Agency shall maintain books, records, documents and other evidence that sufficiently and properly reflect all costs of any nature expended in the performance of this Agreement for a period of not less than five (5) years. Upon advance notice to Agency, City shall have the right to inspect and audit said books, records, documents and other evidence during normal business hours. 7 5.6 Disputes. City and Agency may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 5.7 Venue. This Agreement shall be governed by the laws of the State or Florida and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 5.8 Vendors. As provided in Section 287.132=133, Florida Statues, by entering into this Agreement or performing any work in furtherance hereof, Agency certifies that is, its affiliates, suppliers, subcontractors and consultants 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 thirty six (36) months immediately preceding the date hereof, This notice is required by Section 287,133 (3)(a), Florida Statutes. 5.9 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. The Agreement may be modified and amended only by written instrument executed by the parties hereto. 5.10 Notice. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. mail. All notices shall be addressed to the following: 8 As to City: City Manager City of Delray Beach 100 N.W. 1St Avenue Delray Beach, FL 33444 As to Agency: Ms. .~d.ith Thomason Community Neighborhood Helping, Inc. P.0. Box 480014 De1ra~Beach. FL 33448 5.11 Third Parties. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims herei.ander or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: City Clerk Approved as to Form and Legal Sufficiency: City Attorney ATTEST: Print Name: Print Name: CITY OF DELRAY BEACH, FLORIDA By: David Harden, City Manager AGENCY By: Print Name: Title: 9 Recreation Assistance Program (RAP) Exhibit "A" to Agreement Mailing Address: City of Delray Beach 100 N.W. First Avenue Delray Beach, FI 33444 Name of Mayor: Ms. Rita Ellis Name of City Manager: Mr. David Harden Project Liaison~lnformation: Name:Bob Barcinski, Assistant City Manager Telephone #: 561-243 X011 F2X #: 561-243-7199 e-mall: barcinski@ci.delray-beach.fl.us PROJECT INFORMATION 1. Name of Project: 2008 Glory Awards Event 2. Project Description • General (Project Scope): Glory Awards is an annual community even that recognize and award individuals and orgammz~tions that ddvote time and effort** • PUbIIC PUrpOSe: The event promotes volunteerism, community involvement, and opportunity .for community based service. organization, local businesses, and•re~~:to. network. Anticipated. Number of Participants/Users: s~5 3: Project Elements: List anticipated broad categories of Expenditure Items such as capital outlay, contractual services, perkonnel costs, operational expenses, equip~ent, and "Other Miscellaneous Project expenses". Do not include expenditlare line item. budget/ amounts. Venue Expenses ': Administrative Expenses Oiltreach/Promotmons Souvenirs Technical Assistance- Entertainment Food Service/Catering Miscellaneous 4. Estimated Lump Sur'n Total.forProjecf: 5. 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): to ' Note: Invoices and copies of proof of payment documents will. be required for ProjectlProgram 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, all invoices and checks must be dated within the stated project time frame AND Categories for Project Elements must be listed iri Section 3 above in order to be eligible for RAP reimbursement. 6, Required Attachments:- Certificate of Insurance Amount of Recreation Assistance Program Funding awarded $ 12,000 District4($5, 000)a nd 7 $7,000) ** enhancing individuals as well as their community. The event poovides opportunity to showcase community diversity and offer at risk youth to showcase their talents. Fonn available online by request. Contact Susan Yinger at svinaer aC~.abcpov.com EXHIBIT A Page 1 PALM BEACH COUNTY EXHIBIT B ~~`~ PARKS AND RECREATION DEPARTMENT • Ron`O~ CONTRACT PAYMENT REQUEST Date Grantee Submission #: Item Contractual Services Salary & Wages (°!° of salaries) Materials, Supplies, Direct Purchases Equipment Travel Indirect Costs Project Name: Reimbursement Period: Project Costs Kew This Submission (C) (S) (M) (E) (T) (I) Cumulative Project Costs TOTAL PROJECT COSTS .................................................................................................................... i C =Contractual Services ............... Key Lecend S =salary & wages M =Materials, Supplies, Direct Purchases E =Equipment T =Travel ! I =Indirect Costs ................................................................................................................... .............. i Certification: I hereby certify that the above Certification: I hereby certify that the documentation has expenses were incurred for the work identified as been maintained as required to support the project being accomplished in the attached progress expenses reported above and is available for audit upon reports. request. Administrator Date Financial Officer Date County Funding Participation Total Project Costs To Date: County Obligation To Date County Retainage ( %) County Funds Previously Disbursed County Funds Due this Billing Reviewed and Approved By: PBC USE ONLY PBC Project Administrator Date Department Director Date G:\SYINGERIFORMSI3 Pg -Exhibit 8.xls Page 1 of m ~--' m K W W J ~ ~ Z W W = ~ U ~N }¢vi j ~ U U O a H N W a w U m W 0~C ~ ~ W aQa Y V OC Q Q OC a~ z 0 .U O . ~ a c N E m ui E ~ z v m ~ m o ° o a U ~ - m m U a' U ~ ~ C !W N 'j V N d N ~" iYN m'- N i J ~ N C U v of m m ~ ~ ~ d ~ m i o m `~ Q~ ~ Q U cn~wH U n u ~i u u ~~ c U Vl~ W H-~ ~ i ..................................................i ~tY 6 a 0 ~bd E L C O O_ 7 C 7 CO G Q ..I 0 w` a 8 z 7 01 ~ C Q ~N w cU N L ~ ~ ~ 7 - a N G7 ~ L ~ O ~ ~ ~ ~ C N N Y U O N L L (C U ~ N r N O U D_ C ~ ro w U ... (q ~1 ~ ~ U .`-. U7 C L O "' U ~ ~ ~ N Q 7 j Q7 ~ N y0 N N O ~ i0 m N ~ 'O N c ro ro ~ Y c w E O ~ °' ~ m ~~ m ~ d ~ L L - ~ 0 c '~ 0 c U ~ y ~_~~ ~ U ~ U -°a ~ d o v ~ > ~ o a~ x L 3 d t ~ o U ~ ~ Z -~ O Y I I I I I I I I I I I I I I I I I L D_ d 7 i0 L M 'i-r V U ."' ~ ~, O C ~ Q U ~ ~ ,. ~ t O - ~ • ~p c C C L y U d ~ O U a U c~ Ykl ~I NI N7I al ~I ~I ~I ~I ~I OI ~I rl rl VI ~I COI m O m O N C ~E 0 N N N a R m L w OI O W (7 i~ ~~ACN c ~ ~G2 ~' ~ • • ~iORI~/ Department of Parks and Recreation 2700 6th Avenue South Lake Worth, FL 33461 (561) 966-6600 Fax: (561) 963-6747 www.pbcparks.com v Palm Beach County Board of County Commissioners Addle L. Greene, Chairperson Jeff Koons, Vice Chair Karen T. Marcus Robert J. Kanjian Mary McCarty Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman An Equa! Opporlvniry Affirman've Action Employer" ~E~~f~~ ,1AN ~ 6 2008 AD S'ERV CES1VE January 14, 2008 Mr. Bob Barcinski, Assistant City Manager City of Delray Beach City Hall, 100 N.W. First Avenue Delray Beach, FL 33444 RE: PALM BEACH COUNTY F.Y.. 2007-2008 RECREATION A;~SIS - A;~CE 4~R^ ~R.~"R ;P.e~:t~) P!!I-!InI,R~O' POD THE ~OQB OL ORY AWARDS EVENT Dear Mr. Barcinski: In addition to the $5,000 allocated by Commssioner Mary McCarty to assist in funding the 2007 Glory Awards event, CommissionerAddie L. Greene has pledged $7,000 to assist with funding for the same event, for a total Palm Beach County contribution not-to-exceed $12,000. We are attaching a revised Exhibit A Form for your completion and return so that both allocations may be included in the funding Agreement that we will prepare. Please return the completed Exhibit A form and insurance certificates to us and we will prepare the Agreement as soon as possible. Please contact Susan Yinger at 966-6653 if you have any questions on this process. On behalf of CommissionerAddie L. Greene, Commissioner Mary McCarty, and the Board of County Commissioners, we look forward to again providing Recreation Assistance Program funding to assist with this annual community event. ~incereiy, Dennis L. Eshleman, Director Parks and Recreation Department DLE/SWY Attachment: Exhibit A Form for Completion and Return Copy to: Commissioner Mary McCarty, District 4 Con'imissioner Addle L. Greene, District 7 Edith Thompson (P.O. Box 480014, Delray Beach, FL 33448) printed on recycled paper MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 18, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF JULY 1, 2008 SPECIAL EVENT REQUEST/31ST ANNUAL ROOTS CULTURAL FESTIVAL YOUTH AND ADULT BASKETBALL TOURNAMENTS ITEM BEFORE COMMISSION City Commission is requested to approve a special event request received from Roots Cultural Festival Inc. for a Youth Basketball Tournament proposed to be held from 7:00 p.m. - 10:00 p.m. on July 18, 2008, 8:00 a.m. - 8:00 p.m. on July 19, 2008 and 9:00 a.m. - 4:00 p.m. on July 20, 2008 and the Adult Basketball Tournament proposed to be held from 7:00 p.m. - 11:00 p.m. on August 1, 2008, 9:00 a.m. - 10:00 p.m. on August 2, 2008 and from 10:00 a.m. - 8:00 p.m. on August 3, 2008. Commission is also requested to approve staff support for security for both tournaments, to provide 4' x 4' event signage and to waive any rental fees for the use of Pompey Park Gym and the Community Center for both tournaments. BACKGROUND Attached is the special event permit and budget submitted by David Ricks on behalf of Roots Cultural Festival Inc. for the Youth and Adult Basketball Tournaments. A site plan is not necessary since the tournaments will take place in the Pompey Park Gym and the Community Center Gym. In past years Commission has waived rental fees and has considered each tournament as a separate event for charging for City overtime and services. The estimated overtime cost for the Youth Tournament is $3,900 and the Adult Tournament is $4,580. Based on event policies and procedures, the charge for overtime costs for the Youth Tournament will be $1,885 and the Adult Tournament will be $2,327. Rental fees would be $240 plus 50% of ticket receipts at each site. RECOMMENDATION Staff recommends approval of the special event permit for the Roots Cultural Festival Youth and Adult Basketball Tournaments, to waive rental fees for the use of Pompey Park and Community Center Gyms, to approve staff support for security and to provide standard event signage to be installed no earlier than ten (10) days prior to each tournament; contingent upon the receipt of an executed Hold Harmless Agreement and Certificate of Liability Insurance at least one week prior to each tournament. i. 06/10/2008 08:57 FAS 5612437198 CITY MANAGERS OFFICE X1001 ;.~.~ Event Name/Tide: City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT DHJtAY BFACFI 111l1~ -~~~® zooi ~r-t~ Event Date(s): , ~ ~, ~~,c ~ ~ , I `~ , Z ~ Tithes: ~(- ~ ~ lI P~S~ q A - ~! P~5 -q ~ - 6~ t=~(- ~ - ll P/s~ 9 -~l P ~s~ti Q- d P Event Sponsor/I'roducer: 1~OT5 rd~c~ ~F~ f'it~lcQ r ~ r~G Event Contact/Coordinator: ~U(?~~_0_'~ f~c~'~A-QTf~K-1 Name: Address: ~S _5 ~ S ~ ' ~c.21~-~f 8 33y Telephone Number: 27 ~-USG ~~Cellular Number: , j $-mail Address: ~~r~-~~e s-t ~ ~~ c~.Q r~ ~ee cc~ ~ q m a.~ Event Description/Purpose: -/1! 1 ~7 S[D~ ~1 brief History of Event (If applicable): ~~ ovTt~ ~y~T (a-S ~L~ E./1 S/`ff ~ S r0,rrx.~ M.U n~ t cc PK1~c14_ s ~ vU ~ PrswA,ed~ A-ri.A PH-c rLt 1~,~-arJ+ r wn 7r 4. s . T i~~ .0.-r,r, ~ r ~' J ~.H T A-'tt72 Kl-~~ i~L i4-~-r 4.2 S ~fr~F-2 aV~P L~ r~ts~ r=-tr~p~ Ot4 R^~ -~ Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, Barnes, other programs): ,~_A- Number of T.ndividuals Served Previous Year (if applicable): ~~~aUTtf ~~ ~3riO - A~~% Describe the targeted population and expected attendance:. V ~1v~ i~-~f~S ~ -I-v 1 Z T ~- 1 Z'd TEEtrL9trtrS6 ePi~vi~ dBT=EO BO LT ~~C 1 06/10/2008 08:57 FAX 5$124J7199 CI1Y MAI3AGERS OFFICE Describe how the program or project addresses community needs: Describe your Mazketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers~+ web sites, other): ~osTtiKS ., lcell~R ~(T~ q : ~~DS ~~ccTTZtf~ct.T~~ CI aW -~-~ r~nT~ . ~1~e,~5 ni..c~p.~ rn~;.Dina.~ S Sponsor Category (please check) City oNon-ProfibCharitable i>~Private ^ Co-Sponsor --Non-Profit/Private a (If Nonprofit attach proof of SOI c(3), c(4), c(6), C{!0), or c(19) or (d) Ev t Location (Describe area boundaries of event/location):~E c~-~T ~S ~-~ c..~ ~ N ~~zs A o~ rn v N ~ ~ wt~ ~ ' n -1~I1 /-1-r 1 _ . ~ O~,t.'ta~l S ~2a-m ~ A-~ IG4 i ~ C A~u.PS ~Ca~fv I L Tic Am /kQ R .ra-,~.,~ C~ c,~-~s ~,. Qu ~ ~ ~U~u f_~ S' ~~~ t~~ ~ ~~ . ~ 2 ~.v s~ > ~ Ya-~ n,, .~ Site plan attached: yes ao ~/ (Site,plan required for erttue event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if appIicable.) Rental of Old School Square: yes no ~/ (If yes, attach proof of approval) / Private Property Use: yes no / (If yes, attach }ester giving authorization from property owner) Event budget attached: yes ~ no (Required jor all events) Previous year Revenue/Expense summary attached: yes ~ no, (Required for alI events) Do you have cash sponsors for the event: yes no (Indicated on budget) Do you have inkind sponsors for the event: yes~~ no (Indicated on budget) U:1wwt1azalCrestive City Collsbrrlive CotetatitTalSpecial £ven[ Permit F,pplieatipef Fina19.6.0~.doc ~~~Z E'd TEEbL9~~S6 epi~vj~ dgZ:ED 80 LI UDC i 06/10/2008 08:57 FAZC 5612437199 CYTY MANAGERS OFFICE Serving or selling alcoholic beverages: yes no_~~ (If yes, copy of llCense and alcohot liability ittsuranre required two (~) weeks prior to event) / Event cerflificate of insurance attached: yes no V/ (Required two (Z) weeks prior to event naming the City as additional insured, also required for vendor) Playing of amplified music: (Waiver required) y~ ~ I NSfOE m~.~ 1 il0 Will there be entertainment: yes ,/ no (If yes, attached list of Performers and/or Dl's) If yes, sponsor agrees aJ~l ent~aln**-cnt will be fannily oriented and contain no obsccriities: yes_~ no Requesting Police assistance: yes_~_ no (traffic control security) Will supplement with private security: yes no_~_ ~rfyes, need plern attached) Requesting Emergency Medical assistance: yes no~_ T,^~equestimg barricade assistance: yes no (If no, how aze you handling?) Requesting trash. removal/clean up assistance: yes no~_. (Will be billed to sponsor) Requesting trash boxes/containersnnd liners: yes no~~ Requesting stage use: yes no_~ (Ifyes, check type) Large stage (14' x 36') Q Small stage (16' x 21') ^ HaB small stage (S' x Zx') o Requesting signage: ~ ~ yes / no Type: 4'x4'Event sign Pazking Signs Banner hanging Indicate dsttes required (Waiver required if more tha» one (I) week prior to event) Requesting City Portable Generator: yes ~ no (If Yes, size 8t power) X003 Food and beverage vendors: yes ~ no Lf yes, approximate number a~ - ~ ~ P-~W Qae,P~s ('g fl oir (~e ~-e-~~d- (Health Departncxeztt approval required) yes f no ~, v-~.s p,er~w~-- Q ass-ecQ ~wo~ U:lwwdatalCreative Ciry Collahrerive Commitad5pecidl Evrnt Pu,rac application Fina19,6.07.Qoc ~~d TEEbL9~frS6 ept.~oi~ dt3T =ED BO LT UDC osiioizooe os:~~ ~AX ~8~Yd9~~99 ~1~~ ~~~~,~~~ ~~~1~~ Other vendors: yes no (Indicate type) Tents: yes no ~/ , Ifyes, ,FXow many What size or size required ~If yes, tent permits aid fire inspections may be needed) Will th,e event include amusement rides: yes no~~ (!f yes, type and locatYOa and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: yes no ('Show on site snap) Will there be a charge for the event: yes / _ no (If yes, indicate ticket prices) Will there be 1•ireworks or other pyrotechnics: yes no,~~ (!Eyes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: fires no~~ (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes no / (1f yes. locate on site map. Xf no, indicate how you will /candle restroom needs) Is reserved pazking requested: yes no / (If yes, indicate locatioyrs and purpose for wse) Event Permit Attachments: Revenue/Expense Budget Revenue/Expense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance R/aiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status General Liability Ir~.surarxce Certificate Alcohol Beverage Liability Cexta~xcate Proof of Rental Agreement or Authorization Letter from Private Property Owner T-Iold Harmless Agreement Submittal Date Requirements: ~ Minor Event .45 days prior to event ~ Intermediate Event 90 days prior to event • Major Event 120 days prior to event Neighborhood Block Party 30 days prior to event U:lwwdetal5pxial Evrnt Requestl$pceial Event Permit Application FMAL 9.6.d~.doc ~IUU 1 S'd iEEbL9~~S6 ept~ot~ d6i~ED BD Li ~~C Jun 149408 VV. Jv03~a YVi`yFloo ida v„~ ~Y"Vy.,Y v___vY 9544674331 _ p. 1 ~ l ,~.~ E nt Contractor/Coon orator tease print: A~. P. mr_~~-n~~ i^ l`, r ~ ~ r D I..L- Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1~` Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only i Date Received ~ IQ ~ Application fee received $ LSD L:\wwdats\Creativc Ciry Collabrsuve Crnurr~tx\Spocial Event Prrtnit Application Fina19.6,a7.doC ROOTS CULTURAL FESTIVAL BASKETBALL TOURNAMENTS BUDGETS 2008 YOUTH -JULY 18,19,20 EXPENSES COORDINATOR $2,000 IN KIND POMPEY PARK STAFF OFFICIALS $2,000 SCORERS/TIMERS 750 TROPHIES 450 WATER 60 WRIST BANDS 50 $5,310 ($3,310) INCOME TEAMS $6,000 TICKETS $4,000 $10,000 ADULT -AUGUST 1,2,3 EXPENSES INCOME COORDINATOR $3,000 IN KIND POMPEY PARK STAFF TEAMS $8,000 OFFICIALS $2,500 TICKETS 4,000 SCORERS/TIME RS 850 $12,000 1ST PLACE 3,000 2~ PLACE 1,000 3~ PLACE 400 DJ 700 WRIST BANDS 100 WATER 120 ADVERTISE 350 SECURITY 2,500 $14,520 ($11,520) 9'd iEE~L9~~S6 ePi~oi~ d6i~E0 BO Li ~~C J _..! m ,~ W °o Y N m Z W Z } J 0 D Q o ~ o rn ~ i a~~ o -~ o °o m a~ O oco ~~ I I i ~ N ~ ~ N r ~i N ~ oo ! i!' j M I z f n ti o0 ri ri ~ n ti ~, ~ `~ °° ~ I I Io ~! I I I I I I IJ! .JI !Q, ' ~ i ~i I~1 o~ I 1 Y I ~' W Q w j I I i } IQiN W w I I mid ~ ~ ~ ~ i I I ~ w w i t I ~ a x w ~ w ~ I I 0 0 0 . ~ I ! '~ W: j 'yi -~I ',. ~ ~ ~ N NI`;N~ I I I I ! ~ i ~~W~ Ij~IC~ ~ jyi ~ I i ' I _ to i N ~~ `I ~~ ~i N~pl l d ~L! I I ~ ~ I ~ ~ I ; '~' .W; H: ~: ~~ N~ U pi.N o; l~ ~ }i~ •H;p!Qilni>I~ a ~ 10. I I IHL i I I i +--- I ~ ' i I ' I I I i -~-- I I ---~ ' I~ -r I i I I I i I ' i !~ . ~ j ~ j~~ I I I i I I` ! I i ' , I I ! I I ~ I r . Z ~• ~..__ ~~.~.. . a~~ 'ololo o mf....~ O o . t -~- ~'~'~'o ,n ;~.. !~I IN ! I o; o;olo oC col I ~- of I ! I rn o 0 0 ~ n.l I '.~ Imo' '~ c>,: I ~,v o o ti~ !H:col ~n ch u~ ao m ~ . I ~I I r c'OI ~O)I I itOl to I r a- ~I I ;M' IM !N ~J I ICI ~i ' I I ' ~ ~• I ~ i• I f ~ I !CO; N iN I ~ ~i ~; I ~ NI ~ I Ir Q, I i I Ic~!c~l ; i ~ ~ I i i ~~ ~ a~ ~ 'm~ I I~ILL. I i I I W I w I ~. 1 ~ WI ~ ! 'o o! i ~ l j ' I ~ Oi I ! I Yi ~ I I v v; i ~ i i ~ I I ~ I I i I ! ~ i I , i ~ IQ~ Q•~j i I i ~ I I Wi W ; I ~ , t-:Z! ~ wolwo~ ~ I ! WI ' Z I ~~Id! ~ jUlUl i ! I ~ ~~ ~ I I I ~'X' ~i I?I I , I y ... I i ... .. Q ; W j i i - ? ! I - - - -- -- --- -- -- - - - - - - ~ I I :~IR~I~'~ I I ! !0!0'010 O:O~ I I ; I f i dWIW W! I I ~ I I olo'o;o~o o. I I , N• yl !Z ZIZ ! i ! I ~ I i ~~:~'co; o m, o~ I .~~~ i ~c ~j 11 I ~ I ! ~I°` EIS! Iw;w3wl I •~~ I ; i Qi i ~ iyw IC'c iV#0 0~ I Hj ~ 1 I i ~I I •I ._ I __ _ i ' I S. L ,~' ~; I Ig ~ IOI ~ ; O ; ! i ~ c~ °L~I ~I~' Idl°-~°- Q ~ f~l i I I I ~i ~a ICI ~ aUi'vl`°I.~~ Ir.jp 01 'HI !mi I I ppi IH }' IH ~ O fn ~!D:rIN MI iF 'VJ Imo: F" z G'd iEEbL9~~S6 ePi~oi~ d6i~E0 80 Li ~~C MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 18, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 SPECIAL EVENT REQUEST/WALK FOR LUPUS NOW ITEM BEFORE COMMISSION City Commission is requested to endorse the 3rd Walk for Lupus Now sponsored by the Lupus Foundation of America South East Chapter proposed to be held on October 4, 2008 from 8:00 a.m. until 1:00 p.m., with site set up to begin at 6:00 a.m. Commission is also requested to grant a temporary use permit per the LDR Section 2.4.6(F) for the use of Anchor Park as a staging area and the use of sidewalks along AlA from Casurina to the north end of the beach, to waive parking fees in Anchor Park, to authorize staff support for security and traffic control, barricading, clean up and trash removal, use and set up of the small stage, and special event signage. BACKGROUND Attached is a permit request along with a site plan and budget for this event received from Lorraine Roth on behalf of the Lupus Foundation of America for this event. The event is a walkathon to raise funds for the SE Chapter and they anticipate approximately 600 walkers. Registration and the start of the race will be at Anchor Pak and will proceed on the sidewalk on the east side of AlA north to the north terminus of the sidewalk and back to Anchor Pak. There is a minimal need for staff assistance. Barricading assistance will only be needed for the parking lot and the small stage can be set up and taken down on regular time. Total overtime cost estimates are $2,675, stage rental $265 and barricades $210. Based on City event policies and procedures the charges for City services would be approximately $1,566. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for the use of Anchor Park and City right-of-way, the waiver of parking fees in Anchor parking lot, staff support as requested, use of the small City stage, and event signage with the following conditions: 1. A Hold Harmless Agreement and Certificate of Event Liability Insurance are provided to the City no later than two (2) weeks before the event. 2. That the event sponsor, with volunteers, be responsible for site clean up. 3. Event signage is to be installed no earlier than 10 days before the event per City code and banners will only be allowed on the stage and in Anchor Park. MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 25, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of June 16, 2008 through June 27, 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 - Meeting of June 16, 2008 1. Approved (5 to 0, John Miller and Deborah Dowd absent), a request for a determination of similarity of use to allow instructional martial arts as a conditional use in the MROC (Mixed Residential, Office and Commercial) zoning district. No other 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: • Continued (5 to 0, John Miller and Deborah Dowd absent), the Transmittal Hearing for Comprehensive Plan Amendment 2008-1. . Recommended approval (4 to 0, Francisco Perez stepped down), of a privately initiated amendment to the Land Development Regulations for Ordinance 28-08, by amending Section 2.2.6 "The Historic Preservation Board", Subsection 2.2.6(D)(6), "Duties, Powers, and Responsibilities" and Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1 (J)(3), "Historic Preservation Board to act on Variance Requests" to permit appeals of variances denied by the Historic Preservation Board to be heard by the City Commission. Site Plan Review and Appearance Board -Meeting of June 25, 2008 A. Approved (5 to 0, Johhny Kincaide and Shane Ames absent), a waiver to the sign code to allow the installation of two free standing signs for La Cigale a Taste of the Mediterranean located on the east side of SE 5th Avenue, south of SE 2nd Street (253 SE 5th Avenue). B. Approved (5 to 0), the photometric plan for the previously approved Class III site plan modification associated with the construction of a 2,843 sq. ft. building addition for Wal-Mart, located on the east side of Military Trail, south of Linton Boulevard (16205 South Military Trail). C. Approved with conditions (5 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of a 21,754 sq. ft. service building addition for Mercedes Benz, located at the northwest corner of Linton Boulevard and SW 10th Avenue (1001 and 1111 Linton Boulevard). D. Approved with conditions (5 to 0), a Class I site plan modification associated with the installation of a carport awning along the west (rear) elevation for 96 NE 4th Avenue. E. Approved with conditions (4 to 0, Andrew Youngross stepped down), a Class III site plan modification, landscape plan, and architectural elevation plan associated with the construction of a 1,423 sq. ft. second story addition for Aloha Cleaners, located at the northeast corner of NE 5th Avenue and NE 2nd Street (501 NE 2nd Street). Concurrently, the Board considered the following items: - Approved a special action request reducing the required parking spaces by six (6) spaces (from 13 spaces to 7 spaces) pursuant to LDR Section 4.6.9(F)(1). - Recommended to the City Commission approval of a waiver request to eliminate the required 10' perimeter landscape setback along Federal Highway. F. Approved with conditions (Jose Aguila stepped down), a Class III site plan modification associated with a 538 sq. ft. kitchen addition and architectural changes for Shore Restaurant, located on the west side of Ocean Boulevard, south of East Atlantic Avenue (6 South Ocean Boulevard). G. Approved with conditions (4 to 0, Jose Aguila left the meeting), a Class V site plan, landscape plan, and architectural elevation plan associated with the construction of a 264-unit residential development which will contain 66 workforce housing units for Village at Delray, located on the east side of Auburn Avenue, south of SW 7th Street. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map N SPRAB A. LA CIGALE A TASTE OF THE MEDITERRANEAN E. ALOHA CLEANERS 8. WAL-MART F. SHORES RESTAURANT C. MERCEDES BENZ G. VILLAGE AT DELRAY D. 96 NE 4TH AVENUE ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT JULY 2008 - -DIGITAL BASE MAP SYSTEM - - MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\7-01-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 3, 2008 SUBJECT: AGENDA ITEM 8.I.1 -REGULAR COMMISSION MEETING OF JULY 1, 2008 BID AWARD/GREEN CONSTRUCTION TECHNOLOGIES, INC. ITEM BEFORE COMMISSION Request for Commission approval/authorization for a bid award to Green Construction Technologies, Inc. for the construction of the 2008 Swale Project for $168,586.00. BACKGROUND This project is the combination of three swale improvement projects for Rainbow Estates Project #2008-038, Carver Park Project #2008-037 and La Hacienda Project #2008-049. The purpose of this project is to improve drainage by allowing percolation of storm water and to improve the aesthetic quality of the neighborhoods. Carver Park swale improvements were requested by the residents due to excessive ponding of storm water. La Hacienda and Rainbow Estates swale improvements are being implemented to beautify the neighborhood and improve drainage. Green Construction Technologies, Inc. is the low bidder. FUNDING SOURCE Funding will be available from 448-5461-538-65.41, after budget transfer. Cost for Carver Park Improvement: $55,893.00 Cost for La Hacienda Improvements: $40,781.00 Cost for Rainbow Estates Improvements: $71,912.00 Total Project Cost: $168,586.00 RECOMMENDATION Staff recommends approval. U ~ O o ~O o d ~ N ~ ~ (6 ch ~ ~ 0 ~ ~ O N N M 0 0 0 N _0 _~ /~ `v m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U J W ~ O O O O O oooaoo O O O O O ooocoo O O O O O ooo~0 O O O O 0000 O m J 0 ~ O O O 00 I~ O O O O~ O O O N r O O O r C`~ Z O O O a0 O 0 0 0 0 0 0 0 CO O O O Ef3 ~ ~ W ~ c~ c~ a0 ~ ~ c~ c~ O ~ ~ c~ c~ ~ ~ ~ ~ ~ ~ ~ O H U Ef3 ER r Ef? N ER Ef3 r Ef? r Ef? ER N Ef3 ('7 r Ef? r 67 X ff? ff? ff? ff? ff? ff? ff? ff? ~ U W ~ 7 j oooao~ oooao~ oooao~ 0000 ~ O O O N~ O O O N~ O O O N~ O O O O O LLJ O O O r Ln O O O r Ln O O O r Ln O O O O (~ ~ - () O O O Ef3 ER O O O Ef3 ER O O O Ef3 ER O O O r W Z 0 0 0 0 0 0 0 0 0 0 0 0 Ef3 ~ = c~ c~ ao c~ c~ O c~ c~ ~ ~ ui ~ ~ d Ef3 ER r Ef? 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SOI;LE VAf2D ~~~~ ELLA 57 r~ sut+Qy lli,~, i~ I '-~' , LINT 0 N 4.+~ I 1 ®~ ®~L.,i~/"~~ ~3~~~/~I CARVER PARK DATE:4/l8/08 ~~ EMIIRONB~A~NTAL SERVICES UEPARTnAE~T SWALE PR©JECT p ~ 434 Strt1T1i SWRJidN AV~It1E, pE].HAY BEA[~i, R..ORIPA 3344.1 Prof. # 20DB-037 ~ O f ~i ®'~ ®~~6~1 f"i6~ ~~f'~~~ 1 LA HACI ENOA DATE:4/1B/OS , ~m ENVIRONM~'NTAL S~RViCS ©EPAF~TM~Mf S-NALE PROJECT ~~P 434 BoEfili BwlWTDN AVENUE, l'SELRAY 9EACIi, ~LORCC]A 33444 Prnj. ~ 20DB-049 2 of 3 A V k N u k A T L A N T I C A V E N E3 E MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Acting Parks and Recreation Director THROUGH: David Harden, City Manager DATE: June 24, 2008 SUBJECT: AGENDA ITEM 8.I.2 -REGULAR COMMISSION MEETING OF .TULY 1, 2008 CONTRACT AWARD/STATEWIDE ENTERPRISE, INC. ITEM BEFORE COMMISSION Request approval to accept an agreement between the City of Delray Beach and Statewide Enterprises Inc. for security service at Pompey Park from July, 2008 to July, 2009. BACKGROUND Attached for your review are three proposals for security service at Pompey Park; Statewide Enterprise Inc., Vanguard Security, and Wackenhut Corporation. The security guard service will provide security service 8 hours per day Monday -Saturday and 5 hours on Sunday for a total of 53 hours per week for the remaining 13 weeks of this budget year and be reduced to 42 hours per week in the upcoming budget year. Statewide Enterprise Inc. proposed $18.50 per hour, Vanguard Security $19.75 per hour, and Wackenhut Corporation $36.00 per hour. If Statewide Enterprises Inc. is selected, the cost for the remaining 13 weeks is approximately $13,000. Statewide Enterprise Inc. has provided security service for Pompey Park's Annual Family Fun Day and their services were excellent. FUNDING SOURCE Funding is available from account # 001-4127-572-31.90. RECOMMENDATION Parks and Recreation Department recommends approval of the agreement with Statewide Enterprises Corporation to provide security service at Pompey Park. ~ a~~,~ J'#JN-z~~~C~~3H 15:15 from= City of t~atray eeaoh ~ harks and Recrea#iqr~ pepartment ~ i o i N.W. ~~~ street ~elra?~ ~sa~cl'~, Fi. ~~4~€ Attn: lVir,Cavid #~igks ~- Recreation Ntar~ager, Pampey Rarlc Z~'~~~ bZ-9C1-$(JOZ Ta:95~9~~~~ P.1f2 ~: Courts Q~oer ~r4 +asal ~ tJrtar ed' user Mr. Ricl~s; fn compiiartce with ytwr request we are sutymitting a proposal to provide an unarrnsd Courtesy p#tiger far yqur review. Ai! ~tar~agement directit~ns provided to Statewide Beautify Services will be r~uced #o written i~stru~igns that wiil be referred tv as post orders. These past ~-rdars, after review and approvat by City of betray beach -Parks end Rscreatipn Dspartmeni, will ~$~corne the on-site vparatipnal prc~cealures. In addition to tnaarporatirrg ait procedures into the Ccurcesy Uffioars jab requirements, special emphasis wit! be placed an p~rbtic relatiprls ar~d the City of ~Qiray reach w parks and RecreatiAn Uepsrtment image. The rnariagement at Statewide Security Services will strive tv prgmgte and maintain the type of prafesSionat irraage #h~ct is deserving of City of aelray Beach ~- Perks and Recreation pepartrnent.. tine of our primary goals in the security industry is to project a trrore professional image. In working td achieve these goals for ourselves, we will also he accomptishirrg and maintaining these same standards tar City ai' ©elray --Parks and i~erreation C~epartme~,t. put staff anti management devote a targs portion of tilBir time and energy towards attracting and keeping a higher caliber cf personnel. As a progressive f7rrrti, we reatlze that our company is Q,nly as grand as our snal prgduct -the Caurtgsy ~fflcer. We start our Courtesy pfficers at a spate higher than must other firms ar~d offer a mare progressive pramotir~nal scale. Since promatians ire made from within tits ranks, we ~n offer mare diversified advancement. ~ abed 'Uhl-24~~H0Q x.5:'15 F'rosris »_ Zb~l b-SCI-S~CIZ 1'cr ~ ~9~~0~~ F'. ~~ statewide ~eCUrity ~ervlces carp pro~rida ~~~~ with a fully trained, profe;~sior~ei, ur~armad, Co~rke~y ~Jfficer, for the rate ~f $'~~.~r~1 per hc~uir for permarte~t ftaurs end ~~~.~ per ht~ur f~rr femporanyr andlor~ special detaJl9, Statewide Security Services has trained csmera tect~ryiaians tp inStali, tapgrade or rrialntai~ existing cemsra systems at a reasor~abia cost Additlorlafiy We recommend a security survey ~e Cor~duCted by an outside agency ar the 1p~1 police d~partmont. eta#ewfde Security ~~ervices rr"s cont'~dent ti~at through qur rig~# ~riring arld trairtlrxg re~uiremerrts combir+ed with higher pay sales and benefits we viii he able ~ prr~vide City of Delray Beach ti parks ertd l~ecrsatir~r~ (,~partrnent with art upscale r~rogram_ We look fbrwsrd to Wprkir~g with yvta. VIle are available, at your corlVer~ier~Ce, tra rrreet with you to solidify our agreemen'#. pieasc feel free to contact meat {561) 588-3~37i , Sincerely, Q e~-~ ~r~al JVlanager COURTESY OFFICER SERVICES AGREEMENT THIS CONTRACT made and entered into on this 1st day of July 2008, between Statewide Enterprises Inc., a Florida corporation, whose principal place of business is at 233 North Federal Highway, Suite 47, Dania, Florida, hereinafter called "Agency" and City of Delray Beach whale principle place of business is located at 3614 South Ocean Blvd., De{ray Beach, FI_ 33483 hereinafter referred to as the "Company". This Agreement supersedes any and all agreements heretofore made. WITNESSETH WHEREAS, Agency is in the business of furnishing Courtesy Officer Services and providing Courtesy Officer Services to businesses and individuals who require the use of Courtesy Officer Services and Courtesy Officer Services in general, and, WHEREAS, Agency does hereby agree to provide Courtesy Officer Services to Company, pursuant to and in accordance with the terms and provisions hereinafter contained. WHEREAS, Company is in need of the services provided by Agency, and, WHEREAS, Company wishes to hire and employ Agency far its services. NOW THEREFORE, for and in consideration of the above premises and for and in consideration of the mutual covenants, and provisions contained herein, the adequacy of which is hereby acknowledged, the parties hereto da agree as follows; SECTION I Duties of Officers 1.1 In addition to the duties described in the Officer Assignment Schedule, the Courtesy Officer provided by Agency shall perform the fallowing duties: ~ .2 Report any unusual or extraordinary incidents or hazardous conditions observed by the Courtesy Officer Services as soon as reasonably passible or practical under the circumstances and situation to such person or persons as are designated by the Company, and undertake any other action deemed appropriate by the Courtesy Officer at that time. SECTION ll Aaency Duties 2.1 In addition to the duties described in the Officer Assignment Schedule, the Agency does further agree to equip and maintain a Courtesy Officer Services organization capable of performing the duties of Courtesy Officer Services and may da any of the following so as to provide suitable Courtesy Officer Services as Agency deems necessary based upon information provided to it by Company: 2.2 Use its reasonable judgment in selecting security officer or security personnel and to keep track of the performance retard of such personnel while such personae} are employed by Agency. 2.3 Agency shall indemnify and hold harmless the Company, its officers and directors, against any and all claims and costs for damages to the personal property of others, including the cost ofi defending such claims, arising out of the Agency's performance of the Agreement, for circumstances solely in control of Agency.l SECTION Ill Company Duties and Obligations 3.1 Company agrees to pay Agency the sum of $18.50 per hour for permanent hours and $20.50 per hour for temporary andlor special details. In addition, it is understood that after a period of NIA the Company shall pay the Agency the sum of $NIA per man-hour beginning NIA, 2008. 3.2 Holidays: In addition, it is understood that all man-hours during the following recognized holidays, will be charged and paid out at a rate of ane and one-half (1'/Z} the usual and agreed upon man-hour rate. New Years Day Memorial Day Independence Day Labor Day Thanksgiving Christmas January First Last Monday in May Fourth of July As Per Galendar Designation Fourth Thursday in November December Twenty~Fifth 3.3 Billing and Payment Procedures;- Agency will bill Company twice each month for the total man-hours worked during the previous billing period by Agency in providing the services enumerated above, as well as for any other services mutually agreed to and provided for as stated in Sectian X of this Contract. It shall be Company's responsibility to pay said bill upon receipt thereof and such prompt payment for services by Company shall be deemed an integral part of the Agreement contained herein. Any invoice that is paid more then 3Q days after date on invoice shall be charged an interest rate of '1.5 % per month. Should litigation or collection action be necessary or result due to default of payment on the outstanding balance (plus any interest due), all legal fees, court expenses and any and all other reasonable expenses incurred by Statewide Enterprise Inc. or their authorized agent to enforce payment of the balance due on this account, will be paid by the company. 3.4 Modifications: Any further increases or modification to this payment schedule shall be agreed to, and executed by both parties in writing. SECTION IV Emer e__g_, ncies 4.1 Any immediate emergency as determined by the Courtesy Officer in his reasonable judgment is to be reported by the Courtesy Officer as soon as possible under the circumstances to: number: to: Phone number: Phone and if that person is not mailable, SECTION V Officers as Employees of Agency 5.1 The Courtesy Officer Services furnished pursuant to this Agreement are employees of the Agency. Agency will exercise control over their conduct, will be responsible far the payment of all wages earned, and social security taxes, federal and state unemployment insurance, withholding taxes, workmen's compensation insurance and any similar taxes and employment expenses relating to such employees. 5.2 It is further agreed, understood and recognized that the supervision of the Courtesy Officer Services shall be the responsibility of a designated representative of the Company, and that person shall be the first person to be contacted in the event of an emergency. SECTION Vi Hiring of Officer by Company G.'I It is understood, agreed and recognized that Company will not, for a period of at [east one (1 }year after the effective date of the termination of this Agreement, engage or hire for its awn employment as a security officer, any person employed by Agency during the term of this Agreement. if the Company does breach this provision, the Agency shall have all rights under law to prevent and enjoin such action as well as agree to liquidate damages in the amount of $10,000.00 and all remedies provided by law in regard to such breach. The Company, further shall be obligated to pay all reasonable attorney`s fees and court casts in regard to any legal action suit brought by the Agency in regard to this provision. SECTION VII Duration of Aareement 7.1 The term ofi this Agreement shall commence an the date designated in the Officer Assignment Schedule, It is understood, however, that the above provisions are subject to the right of either party to terminate this Agreement upon farwarding written notice by "certified mail", "return receipt requested", of said termination at least 30 days prior to the effective date of the termination. Said notice shall be served to either party at its principal place of business as designated in this Agreement, or at such other place as either party may notify the other party in the event of a change of either party`s principal place of business. SECTION VIII Alteration or Modification 8.1 This Agreement shall not be altered, modified ar amended, except in writing and as executed by the parties hereto. Any other modification hereto is invalid. SECTION IX Attorne 's Fees 9.1 Company agrees that Agency in any action brought as a result of this Contract shall be awarded costs of collection, including all attorney's fees and court costs therefrom. SECTION X Officer Assignment Schedule 10.1 Number of officers to be provided: As requested '10.2 Location of Posts at facility: As directed 10,3 Hours of Duty: As directed 10.4 Any special instructions, describing the nature and scope of duties not otherwise covered in other provisions of the Agreement: See Post Orders 10.5 Specific Company regulations or rules applicable or affecting the Courtesy Officer Services fio be provided: See Post Orders 10.6 Effective date of Agreement, or more specifically, the date when Courtesy Officer Services are to begin: July 1, 2408 10.7 Duration of A reement: This Agreement may be terminated by either the Company nr the Agency within 34 days of the receipt of a written notice delivered personally or by certified mail. Such notice shall be delivered to the party's principal place of business as designated on this Agreement or at such other place as may be designated thereafter by either party in writing to the other party far the purpose of giving notice. SECTION XI Governing Law 11.1 THIS AGREEMENT, shall be governed pursuant to and in accordance with Florida law, with venue being situated in Palm Beach County, Florida. SECTION XII Binding Effecfs 12.1 This Agreement and the obligations and terms thereof shall be binding upon and inure the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have agreed at City of Delray Beach, Delray Beach, Florida, located in Palm Beach County, Florida, on this day of , 2448. Signed, sealed and delivered in the presence of: As to Agency As to Agency As to Company As to Company Statewide Enterprises, Inc. By: As: General Manager Company Name ey: As: S I ~~~~~~ City of Delray Beach {Attn. Allr. David Ricks} 1101 N W 2~'d. Street, Delray Beach, FL 33483 X895 ~T.1V1%liit~ry 7C"~rail, Bldg E-206,1'~Im Beach G~~-clc~as, ~l 33410 561p~42d1051 June 20 2008 ~~ ~CtJRtT"~~~~~/!C~ PFiC3~C~~~-L _.......~.. VANGUARD SECURITY, a duly licensed, bonded and insured security agency in the State of Florida, hereinafter referred to as "Vanguard," agrees to supply uniformed, unarmed security officer service as per the details listed within this proposal. "Vanguard," has submitted this proposal for the sole use and evaluation of Ciitgr cal ®elray beach, which will be referred to hereinafter as "Client." 'I. P'ERIE`CRt~IANC~ "Vanguard" will engage in the provision of security services during the hours established in the service schedule as listed in Paragraph 6, herein. "Vanguard," is proposing that its' security services be utilized for the prevention andlor deterrent of violations against the rules and regulation of the "Client" community. Such preventive andlor deterring actions of "Vanguard" personnel will be made in strict compliance with local, county, state and federal laws. "Vanguard" will establish and perfiorm within such boundaries, of a security program for "Client." This program will expressly outline the security policies and procedures, that "Client," desire "Vanguard" personnel to adhere to and perform. These policies and procedures will be completed in the farm of a "Client" post duty directory, which wits be created by "Vanguard" executive management. This directory will clarify and explain the general and more detailed security operating standards of the "Client" community, which will include but not be limited to the following categories, for strict enforcement at the "Client" location: 1. '1; enfry/exit procedures, 1.2, parking/franc/valet, ?.3; repetitive patrolling/securify perimeters, 1.4; burglary/tire alarm response, 7.5; pilferage/vandafr'sm, 7.6; proper officer decorum/courtesy, 1.7; vagrancy procedures, 1.8; package delivery/forwarding, 9.9, emergency evacuafi©n/disaster operafions, 7. ~0; resident/acimfnistration notillcation, 1.1 ~; equipment use/maintenance/safety regulations, 1.92; felephone/two way radio comrrrunications, ?. 93; service hours/commercial vehicle restrictions, 7. ?4; law enforcement notifrcation, 9/95; reporf/senvice document requirements. 2 In addition to the above "Van uard" will rovide a Road Patrol Su ervisor with a train a full marked atrol vehicle to eriodicall ins ect the remises of "Client" and the "Van uard" Securit Officers on dut at the "client" locations . "Van uard" will install u on "Client" a royal si ns indicatin that the remises of "Client" is secured b "Van uard " to further deter bur fats va rants andlor violators of the rules and regulations of"Client." 2, PERS®4VNE~ "Vanguard" will provide "Client," with upstanding security officers that are approved through the Florida Department of State, Division of t_icensing. Each uVanguard" security officer, will have obtained a license from an authorized, Florida Department of State, licensing facility after satisfactorily completing the state mandatory class and security officer license test. This initial traininglcertification is in compliance with all applicable provisions of Chapter 493, Florida Statutes. In addition to state required and enforced regulations, "Vanguard" will complete the following items within its human resource department: 2.1; Verbal verification from the local Florida Department of State -Division of Licensing office, that the security officer license of each individual is in good standing, free of any suspension or revocation action. Objective: To insure that in the interim period of the validation, certification and issuance process, of the security officer's license, the officer has not jeopardized hislher position with a violation of law, which could induce license suspension or revocation actions in addition to changes regarding the reputability of the individual. 2.2; Residence verification is made by the "Vanguard" human resource director of each officer's permanent piece of residency. This human resource director inquires as to the permanent residency status of each officer which must conform to the residency investigative findings. Objective: To obtain a more detailed know{edge regarding the stability of the individual that "Vanguard" is employing a din turn assigning to the "Client." As a result of this process, "Vanguard" has reduced turnover that arises from the employment of transient individuals. 2.3; All applicants are interviewed by either the "Vanguards general manager or a member of the executive management staff. "Vanguard" interviewers carefully scrutinize the security officer applicants in categories, including but not limited to previous: 5G1-$42~-1OSll Fes: 561-~42-0935 ii~ense #BB2600030 vvww.~an~uard-usa.eom " f# 1~1--~ SEC#I41~'!~ ~[lMl~l!!VY I1V/ISD.~~t : TR1S)'° 2.31; employment performance, 2.32; job stability, 2.33; past experiences, 2.34; ability to excel, 2.35; advancement desires, 2.36; career goals, 2.37; personality, 2.38; tardinesslabsence, along with a number of other factors. {3bjective: To minimize potential human and negligent error of security service performance provided to "Client." 2.4; "Vanguard" human resource director conducts a complete empioyerlemployee orientation, which will include but not be limited to: 2.41; training requirement, 2.42; company sicklvacation days, 2.43; medics! benefit plan, 2.44; wage payment periads, 2.45; pension plan, 2.46; bonuslaward programs, 2.47; employment reviews, 2.48; wage escalations, 2.49; expectations, 2.5q; "Vanguard" history, 2.51; company goals, 2.52; equipment issuance, in addition to campleting a Tina! evaluation/approval. Upon a favorable completion, each officer is assigned training sessions with "Vanguard" operatian management. C3bjective: To provide a detailed explanation of "Vanguard" employment opportunities, expectations, requirements and management desires for security officer acceleration, to enhance "Vanguard," as well as "Client" operations. 3. TRAINING "Vanguard" personnel are required to satisfactorily complete extensive classroom, as well as "on the job" training. These programs will consist of updated training information procedures that will enable the security officer assigned to "Client," to pertorm the prescribed duties in a professional manner. "Vanguard" classroom training is geared to cover all phases of residential security. Each Vanguard" officer is tra"toed in the specific needs of the client. This program is constantly updated and supervised to insure compliance with "Client" directions. "Vanguard" cumulates superiority in this program by the implementation of the advanced video training tapes and testing materials of PSTN (Professional Security Television Network). This training will include: 3.1; importance of position, 3.2; moral/team spirit, 3.3; wearing thb uniform, 3.4; understanding the law, 3.5; public relations, 3.~i; report creationlsubmission, 3.7; using post directory, 3.8; safety operations, 3.9; safe driving regulations, 3.10; emergency 5~1-542-~ 05l lF'aa: 5G 1-542-0935 license #BB260003fl w~v~w.~vanguard-usa.co~a ~~ ~ r~r-s s~cu~nr can~~~-r tn~sn~~! : ~rrs~ „ operations, 3.11; proper decorum, 3.12; using equipment, 3.13; fire prevention, 3.14; proper health habits, 3.15; communications, for administering the proper security education for each officer. Although "Vanguard" trains each security officer to perform hislher duties without hesitating, officers are instructed to immediately report all significant occurrences to the "Vanguard" account supervision and executive management. This program is constantly updated in the areas of decorum and modifications of instructions that occur which affect the security officers' position. ~~~~d ~~~~°~~ will rovidle ou with the followire esseratiais to erasa~re effective sec~arit for oar coma ar- The Project Manager has management authority to respond to any needs you may have, and will meet with your manager eape-'y a~reelt to review security performance. Road St~penrls®rs inspect our officers and provide daily support and quality control. Frequent supervision of the Security Officers is one of Vanguard's strongest qualities assurance programs, guaranteed at a minimum of once eared datr. Vanguard officers are kept on alert by unscheduled inspections and are evaluated during each inspection to insure proficiency. Emergency ~ Alarm response: Vanguard have exclusive con#racfis in South Florida with At~T, ~loneyanrell and over twenty {20) other alarm companies #o perform burglar alarm response. Past ®rders prepare officers for site-specific job responsibilities, duties, policies, procedures, rules, regulations and emergency procedures. Logbooks are maintained at each location, and reports will be generated for any unusual occurrences. li~ackgrouraci Investigations; All Vanguard Security Officers receive a finger print check (conducted by the FBI), complete criminal background check, drug test and written competency test in English. lVo criminal backgrounds or convictions are allowed except 561-~42-1051 Fax: 561-X42-fl93S License #~1126fl0030 xvvv~.vamguard-nsa.com ~~ ~ ~t ~ s~~uRnr c~a~F,~nnr m~~~--~~ : rnl~r >, 5 minor traffic infractions. Each officer will be licensed by the state of Florida with a valid guard license. 4. IN~[JRAN~E C®VER/~C3ES Insurance. Vanguard carries a $S,~OO,i30®.®® general liability insurance policy. Vanguard also has policies covering the following: m Professianal4~iability ® Workers Compensation ® Terrorism **ee~11 sec~~-it~ personnel are b®nded ~~ 5, UNIFORIUI~ "Vanguard" provides "Ghent" the finest quality of uniforms available. ~4s a result "Vanguard" strictly monitors officers on their personal appearance. The "Vanguard" police-type uniform will consist of the following: 5.1; white elbeco shirts, 5.2; badgelwhistlelchainlhook, 5.3; valid ll] tag, 5.4; collar pinsllicense, 5.5; navy trousers, 5.6; black shoeslbelt, 5.7; rain gear, 5, 8; security emblems, to achieve a superior appearance. "Vanguards will issue ample sets of uniforms to its security officers. Therefore, there is never an acceptable excuse far an officer to be less than meticulous. 6. ~ER'11`IGE SCHE®ULE "Vanguard" will provide securi#y personnel coverage to "Glienfi" as explained listed and itemised in the weekly schedule and gross hour totals in ADDENDUM A, which will be created by "Vanguard" upon agreement of outlined service details as explained herein. "Vanguard" has proposed unit costs as listed in Paragraph 8, based upon a minimum tots! of weekly hours to be 40. In turn an reduction of minimum weekl hours rior fio or after acce lance of this ro Deaf ma alter unit costs. 561-842-1451 ~'ax: SG1-842-0935 License #1152600030 wwvv.va~g~-ard-usa.caru~ " A ~t S SE'C~1Rln"C~'~+lP~NY 1~ISD610 : I11dSJ" 6 7. ~tLLINGI~'A"S~"IVIEIVT TERMS "Vanguard" will invoice "Client," for security personnel services and equipment provisions, if any, on a monthly basis. Vouchers will be due and payable in full in a Net '14 day payment term. "Vanguard" may negotiate alternate payment terms with "Client" for which such Perms and conditions will be outlined in a Service Agreement between the parties. S. SERVICE RATES "Vanguard will charge the client the following rates for the services described:- X',~~r~g~~t~~f's ,~r~e~~t't'~d SQCirrif y {~~c9<~~e ~~~ed an t~t~ scc~,a~ of ~~tT~~~~ ~~f~, ~: ~~ ~~~~ ~~ ~~~c~~, ~ ~~ ~ F~` ~f3~ Tl~e U~~ ~ro~rt~rn US,:~tat,t~nxaes ~~ t~~~~xi~~~~~~3 of "~~ j~~o~~i.t~.s of citt~.er t1~~~~~~ ~:~~~'~~~ ~~~' ~'~A- sec~zrtt~' e>..perie~~ce, ~~zlit~~° sect-~icc a~' cor~.tiaxE~ii~~ eauc~tic~~7, • ~ ~ ~ _~'~ ;.;t"c'crr~ rec.~r°z:it:s' - :ti'r3antr~y'-1~~~~1 iraclit~rcTrrc~tr - ?1~ir~t~.st Firtr~ irrh sc>Erke~s~' All rates quoted above will have a time and one half charge applied for all hours worked during the following 7 legal holidays: Labor Day, Thanksgiving Day, Christmas Day, New Year's Day, Easter Day, Memorial Day and Independence Day. We appreciate your business and will work hard to earning the privilege of including City of metray Reach as a valued client. Should the above meet with your approval, please contact me at your convenience so that 1 may forward a contract and we can begin to fulfill your security needs. Most 5inc ely, ~~ Clive Goodwin Sales Director 561-842-1051 Fax: 561-842-0935 License #BB2600030 vaw~v.r~anguard-usa.carn " A TA1-S SRCURi3YRAMPAAtYfAU1SbAQ : ~l'!'SI" e V~IaC ~CG~ Cl ~"1 u't -- - CITY OP DELRAY BEACH_ .~._.._ ~.~-~~- PARKS AND RECREAT_lON - -__~mm_ -~~-~ -~-- .__- POMPEY PARK „-.._...__.------ -_.-M_._. ~ . ~.. -.. --__~ ._._---------. A..-.-._. -...-_ _-.~ __ fi1612ggS ~ . -- -_I ----- AB90QD11 ._. Lic _ ~ r-. a I . ~~ ~- °WEEKLY .._ .---_ ; WEEKLY__ -. HR.BILL ; POST ~ PERSONNEL iHC)UR~S~- ._._ . ~ ~- RATE ~ - COST ~- . ' GROUNDS PATROL USING A ---__~_--~ - -~~-- _.._.-_. -. - ~ ..~_ ----- GUSTOM PROTECTION OFFICER __ _ ._... _- T--.____ - ~ I ..~_.___._ ~_~-_-_.-._...._-- ~ ----~---__._._._-..._._..L----- Grounds Patrot ~ CPO 48j----$36.QQ '~, ! $1,728.OQ . .. 3 - i__.___--~--___~ -.? ~_..~...__-_--- '~~ ~ ._._. ._~ .~_.-.-..__------- i ~. 1-Motorola Radio ~ __.-.._____-___._---....-~-- ..-.,._-_.-~ ~ $12.69 with Panic l.D. ' ...._....~-~-----._._..__..~-..w__._..j__._---------I ~_..._----------~--._...__.,_~._._._._....-.. TOTAL WEEKLY HRS ~ CI 3 ________._. ' I '. E . i ._.. _._._--.-----...-._ ~ ~ ~ -.,.~ _ ~ .. _ ___- -~ ---..-.-.- ___._._ ~_ __~.,..~--f----__..----~ -_ --_,_.~.-_.____ ~..___._ TOTAL WEEKLY COSTS ' ~_.-.___.__._._..._......-.~._ $1,740.69 ....-._....-.~-_._........~__.__....._ ,. _~-..............._...__.,._..._-._.-.___-._~...~ E-...._».....__....__._...,._.- ~..~.,...--.....__.. ~ ~ 1 e 3 TOTAE. ESTIMATED COST FOR APPROXIMATELY 'I6 WEEK S .~ _____-' $27,851.04 ..--..__ -__w.___.W ..-.._....1.- _ . _ .__ ~ ---.---.. _.._._..w.....______M____--_..__._..__......---._-..__ ' 3 THE $36 PER HOUR i5 A_ SHORT-_TERM. RATE SENCE ONLY ~G WEEKS APPR©XIMATELY_ _ _ ARE INVOLVED. THE OFFICERS AT THE SITE WOULD ALL BE ON OVERTIME. ~~ I E _ _ TOTAL ACTUAL COST W[LL DEPEND UPOT~~.-~~ ~-._._----- --.~~ ~-.~-- --..._._..- __...__.__._. N FINAL NUMBER OF WEEKS Oi= SERVICE. . ~. _._-._._-... W........._._.... __ _. .._.._..._-.....µ..,__-._ __._~_..__.~-----.--...__._ .~_...._------ iW__._-__-. ~ __ . - _ , -.-...., -........iY..-........~.,.. ........ .............._..~ _ 1 1 i f i i 7 i ~ I i 1 1 -----......._.~.._____._-µw_._.-___~_.____.~.~..~-__..~ ...._._ ~.___..__~. ~T~._...-...._~_..__..__...1_.__..---._~~..._._~._._.... SPEGIAL NOTES: . __......_--..._..._~.~~w__..._.-.__..___---~---~-------..... -------------.._.-~-.._~_.~...___..._.----- ...............__--.__.-.._.~...... ..------- ___ Note: Start-up is dependant upon amount of notice received in order for us to scheduie officers .. . for the site. ; 3 ~` I ' __._._._-_ -.-~__.._..._..____.. _-_.._-...,. ' Note: Prices are valid for 45 da s from ro _osal date. y - ..~.. p- _P __ __._._..._ I -----.._..~__,.....-.___~.._~. ----- -~ .1......__ ~ ~.~.____ _~ -----.....- _.- -__....._.___~-~-----._____...._ t w._..._~_----~---_.~,_-_ ..-., _~.-._._ _._..---._...._...---.-....._..~.._ Note: Contract based on 4% annualized escalator negotiable to no less than 3% _ ___._--_----- based on mutual agreement between TWC and the Client 30.days prior to contract L- - contract renewal date. i i MEMORANDUM TO: Mayor and City Commissioners FROM: BOB DIAZ, CONSTRUCTION MANAGER RICHARD C. HASKO, ENVIRONMENTAL SERVICES DIRECTOR THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: June 20, 2008 SUBJECT: AGENDA ITEM 8.I.3 -REGULAR COMMISSION MEETING OF .TULY 1, 2008 CONTRACT AWARD/CONSERV BUILDING SERVICES ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award in the amount of $35,998.00 to ConServ Building Services for the City Hall HVAC control systems upgrade. BACKGROUND ConServ Building Services will provide all labor, material and supervision necessary to upgrade to the latest Trane Summit Energy Management System. Our problematic air management control unit by Tracer (circa 1995) has completely lost its programming capability thereby causing the balance of the air conditioning system to lose its ability to operate at peak efficiency. ConServ will furnish and install a Summit PC workstation, Building Control Unit, Software Package, programming and system training for applicable City personnel. ConServ's proposal attached hereto for your reference as Exhibit "A" is based on an existing City of Delray Beach maintenance contract. FUNDING SOURCE Funding is proposed from account 334-6112-519-46.10 (Gen Constr./Fund/B1dg.Maint) RECOMMENDATION Staff recommends Contract Award in the amount of $35,998.00 to ConServ Building Services for the City Hall HVAC control systems upgrade. ~a~r vv a t 24 t•tour Emergency t3ispatch 8O0.34d.3241 A i3CM Mechanical Inc, Affiliate 6350 f 381° Ave. North, Largo, FL 33773 5030 NW 109"' Ave„ Suite A, Sunrise, FL 33351 202 Live Oaks Blvd., Bldg. it2, Casselberry, FL 32707 Phone 727.54f,5S03, Fax 727.544.192k Phone 954.572,8884, Fax 954.572.9066 Phase 407.26p,5891, Fax 407,260.9315 PP~Sefl~@B~ T®: Cif ®~' ®e9ra Bt'at:Fl Project: City of Delray Beach Adelress: 503Q Northwest 109t'' Ave, Suite A City: Sunrise, Florida 333;31 Atfrl: Clayton Gilbert ®ate„„June , `~ 2U08 „~, , ,,, „_._ Pt-_o__~osal #: CQ60~~8MJfV Reference: City HaII HVAC control System upgrade to Trane Summit Energy Management system Scope,, of,Work: The existing main Tracer panel will be removed and replaced with Tracer Summit Building Control Unit (BCU). The existing seven (7) Programmable Cantroi lVlndules (PCMs), sensors, relays, actuators and field devices wiii remain. Ali existing Tracer system points will be programmed €nta the new summit. A new PC wnrkstatian loaded with Summit Software wiii be provided with system graphics of ail system units and points. . Furnish and install (1) Summit Software Package + Furnish and Install (1} Summ€t PC Workstation ® Furnish and install (1) B€~ilding Conkrol Unit (BCU) + Furnish Appiicatinn Engineering + Furnish saftware and programming of existing data + Furnish System graphics + Furnish installation and wiring ~ Perform start-up and system check ~ Training Qualificationsl Clarifications • All installation work will be performed during nnrrnal working hours, Monday-Friday 8:00 AM to 5:00 PM • Units will use existing power and electrical connections • Engineering and design not part of this proposal if required • CanServ not responsible for unforeseen circumstances beyond CanServ's control TotsE base Cvst,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,~35,998.d0 This Pra anal will be honored far 3Q da s Submifted ey Conserv Buildin Services Inc CustArlt~er ACCeptanCe City of Delray Beach ~Ilame: Mike tVeedtrarrt 1Va~rre Title: Sales Manager Title Pro,~asal #~ CO606Q8MJN Signature ar P.O. Signature: '~~ , Date: State Wide Service Air Conditioning • Refrigeration * Electrical • Plumbing • Test & Balance + Building Automation State LicenseNUmbersCACi814721 • CFC'€42s761 • Test & Balance NEBB~3k61 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph L. Schroeder, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: June 9, 2008 SUBJECT: AGENDA ITEM 8.I.4 -REGULAR COMMISSION MEETING OF .TULY 1, 2008 LEASE AWARD/MEARS MOTOR LEASING ITEM BEFORE COMMISSION The Police Department requests approval to lease nine Ford Focus sedans for volunteers from Mears Motor Leasing for 36 months in the total amount of $75,057.84 through the Florida Sheriff Association's Municipal Lease Program (bid award 06-14-0821 and 06-14-0821A rollover). BACKGROUND The Police Department currently leases 14 vehicles for the Volunteer Program which utilizes them to conduct community patrols. Five vehicles that were previously leased from S.E. Toyota are already being leased from Mears; the other nine vehicles are leased from Honda. The Department seeks to consolidate and use one vendor which is expected to cost less and be easier to maintain. Mears Motor Leasing was selected as the vendor due to the liability clause included in the contracts by the other leasing companies (see attached email from City Attorney's Office). If the approved by Commission, five of the the vehicles (Ford Focus sedans) will be ordered from Mears this month and the other four will be ordered in December at a rate of $231.66/month for 36 months. The replacements will be staggered in this fashion to minimize the downtime which occurs while the new vehicles are being striped and equipped. FUNDING SOURCE Funding is budgeted for this expense in account number: 001-2111-521-44.40. RECOMMENDATION The Police Department recommends approval. June 5, 2008 Officer Andy Arena, DVC, CCPAC Delray Beach Police Dept. 300 W. Atlantic Ave. Delray Beach, FL 33444 Officer Arena: Mears Leasing proposes to provide The City of Delray Beach Police Department new 2009 Ford Focus SE 4-Door Sedans (P-35) on a 36 month closed-end lease agreement as follows: 2009 Ford Focus SE 4-Door Sedan Model P-3 5 Lease Closed-End Term 36 months Mileage 12,000 miles per year, per vehicle Over-mileage .12 cents per mile, per vehicle 36 months @$231.66 per month, per vehicle Tag fees billed separately If the vehicles are factory ordered by the end of June, delivery would be approximately the second week of September. The vehicles would have 4 cylinder engines, power windows, power door locks, A/C, automatic transmission, tilt wheel, cruise control, floor mats. We appreciate you business. Thank you, David R. Pickard Sr. Account Executive dbi ckard~?inearsleasi n~. com 386 864-7671 ~ ~ +~ o . ~ .~ ~ ~ v o ~~ ~ ~ o ~ o ~ u i i ~ n ~ V ~ .~ a--~ ~ ~ L a ` y > ~ o ~ *= ~ ~ v ~ ~ ~ ~ a o ~ ~ ~ ~_ ~ . N i 4J QJ ~ 0 ~ a--~ Q (O a--~ ~ Q ~ ~ ~ ~/ AA,, li W ~ ~ ~ ~ i 0 R ~ Q ~ C G v s ~ ~ o • ~ ~a ~ i a1 ~ m 41 LL ~ t ~ v ~ > ~ ~ ~ 4 ~ O a ~ ~ ~ H ~ ~ ~ > O fa ~ . v ~, t ~ u ~„ ~ ~ ~ ~ ~ ~ i.f. ~ ~ ~ ~ Q ~ Q ~ o ~ ~ w w a ~ ~~ v v o ~, ~ o - ~ ~ ~ o v Q ~ ~ Florida Sheriffs Association's MFARS M O "1-C7 t~ Municipal Lease Program '-~"4`"`=~ .V~Incu iaa Di,'itii:m .~i ~~"h~ ~~.~t: Mears offers the widest range of lease plans available in today's market! We offer both Municipal Financing and Closed-End Lease Plans. Our Closed- End Lease Plan allows agencies to pay for orwly the useful life of the vehicle, which offers greater flexibility when budgeting. We also offer financing plans for all types of equipment. s= MUNICIPAL FINANCING ~~ CLOSED-END LEASE PLAN ~~ OFFERED IN THESE LEASE PLANS: Marked Patrol Cars Administrative Vehicles Undercover Vehicles Trucks, SUV's & Vans Equipment ~> OVER 50 YEARS EXPERIENCE IN MUNICIPAL LEASING ~= NO FLEET OR EQUIPMENT TOO SMALL ~~ FLEXIBLE MILEAGE AND TERMS FOR INFORMATION CALL: (407} 253-4464 TOLL FREE: (866} 415-2504 EMAIL: muni@mearsleasing.com VISIT OUR WEB SITE AT www.mearsleasing.com Contract Holder R ~? FAA Contract GS-30F-0019P Bid Award Announcement Roddover (06-i4-082i & 06-i4-082IA) 467 Florida Sheriffs Association's Municipal Lease Program REQUEST FOR CUSTOMIZED QUOTE OR ADDITIONAL INFORMATION Department Name: Fleet Manager or Contact Person: Address: City, State, Zip: Phone: Email: Fax: How many total vehicles are in your fleet? ®o you presently own or lease your vehicles? How many patrol cars will you be replacing this year? Estimated annual mileage per vehicle? Fax tc~: (407) 573-4924 MEARS MOTOR LEASIIVC~ 3905 EI Rey R®ad ~k gland®, FL 32303 For Additional Information Call (407) 253-4464 or (366) 415-2504 Email: muni@mearsleasing.com www.mearsleasing.com Bad Awrrrrl Announcement RoPlover (06-14-0821 ~ 06-14-0821A) ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph M. Safford, Finance Director Barbara Schooler, Utilities Financial Manager THROUGH: David T. Harden, City Manager DATE: June 25, 2008 SUBJECT: AGENDA ITEM 8.I.5 -REGULAR COMMISSION MEETING OF .TULY 1, 2008 PURCHASE AWARD/LINE-TEC ITEM BEFORE COMMISSION City Commission is requested to approve a purchase award to Line-Tec, Inc. in an estimated amount of $20,000.00 for (1) the replacement of defective radio read transponders and meters, via the City of Boynton Beach, Bid #027-2821-07/JA and (2) for replacement of registers. BACKGROUND The City of Delray Beach is in the process of replacing defective meters, registers and radio read transponders. In 1999, the City replaced approximately 19,000 manually read meters with a touch pad system. It has been almost 10 years since the project was completed. We are now experiencing problems with many of the registers. This purchase award to Line-Tec is for labor costs for the replacements. The Boynton Beach bid includes labor for transponder and meter replacement. Staff recommends that our award to Line-Tec also include labor for register replacement; this will allow us to have only one vendor performing this work for the City and prevent conflict between vendors. FUNDING SOURCE 442-5178-536-52.31 Water/Sewer Replacement Fund RECOMMENDATION The Utilities Customer Service staff recommends the award to Line-Tec at an estimated cost of $20,000. 03/07/2067 11;E~b 5617d25~16 BDYNTON BC}f FINANCE PAGE 91 ate ~iE~ ~ - 1~+a ataaB~+ec~r ~~o~U~.~~s~v~C~ lar~ ~: ~o~-.~ro.N,~,a cry 9U!'TL&VA.RD P. CJE. ,80X 8,~~ ~os~rvrv a~ car, FLO,R.rr~ a~sro a~~pxar~.~ r-o: r~sx~ ~9s-~sxo ~Ax: rsax~ ~~s-~ze Larch Ub, 2t~7 fine 'pec Irtc, 12I0 S.E. First Street Eaynton Beach, Fl 33435 Attn: Scott Ellsworth 81rA; c`"~`WO-YEAIr C011tTRACT FOR SUPPLY AND INSTA.LLA-'~'IUN QF WATER SERVICE CONNECTIiQl~1S & RESTORATIOi~T" BID#f: dZ?-Z82I.p71JA CONTRACT l?ER>€017; MARCH p6, ZOfl7 TQ MARCH Q5, 2Qfl9 Dear I1~r, Ellsworth: At the City Commission m$eti;ng of Marsh 5, 207, the Bid for "TWO -YEAR CONT1ACT FOR THE SCIFPLY AND INSTALLATI[)N OF WATER SERVICE CQNNCTiQNS & RESTORATION" was awarded to your oornpany. As stipulated within the Bid specifications, your company's original certificate of insurance is to be provided co our Risk Ma~tagement Department ai your earliest convenience, narnint~ the City as addi tinaallya nsured We vyould likE to thank you for Xespotndirg to this Bid and look forward to working wzth ynu. A tabulation sleet zs enclosed for your review. A Blanket purchase Qrder will be issued upozk receipt afl your insurance. If you have any questions regarding tk~is Sid, please cal] ,Ianct Allcn, Suyer, at {SC1) 742-5322. Sincezeiy, // Sabby ,lezilcirts 1~eputy Finance Dixector ~~~ Enclosers: Tabu~ae~on ShetE rc~ Lef Serkkinin SarD Conboy CeM^~1 Filc Ekle ~'d Xbd 1~C23~Sd~ dH WdS~ ~Zi G00~ 5I -~~W PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA FOR TWO -YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION To All Bidders: } Date: r ~ (~ ~ ~ ~ The undersigned declares that he has carefully examined the specif cations and is thoroughly familiar with its provisions and with the qualify, type and grade of productlservice called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or cambinatian item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the productlservice in accordance with the specifications for the sum of ITEM TTEM DESCRIPTION UNIT OF UNIT PRICE NO. MEASURE 1 Furnish and install water service Each connection from City installed meter to house valve ate valve Size 1" ~ (7~ - ~ C'~ 2 Famish and install 1" schedule 40 PVC Linear foot water pipe and sod restoration over ~ d trench - O 3 Installation of 1" rrieter box and lid Installation er unit 3 C.7- X70 4 Installation of 2" meter box and lid Installation er unit 3 r _ 5 Furnish and install two inch corporation Installation/ ma#erials st and saddle/less than 4` in d th er unit ~~-, - G?~ ~ 6 Installation and price, per foot, of 2" Installation: t - ~ ~ service Tine with PVC casing Price per foot: ~ 7 Price to terminate/abandan existing Labor per unit water service ~ ~ ~3- ~ llems &I2 wr716t used as unitpricing for 6'" DIP wafer lines to enhanre execution a this ro'ect 8 Furnish and install 6" gate valve with Installation/materials box erunit fjQ, ~ 9 Installation and price, per foot, of 6" Installation: i . e::J D1P water main installed with fittings Price per foot: ~ - c~ U 10 Installation of fire hydrant assembly Installation only with 6" ate valve com fete ~ ~ ~ i~ . ~ I6 THIS PAGE TO ~E SUBMITTED iN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 11 Installation of saFn le Dints Installation onl • ~~ I2a Installation of tapping sleeves and SEE NOTE ~` valves/non- awed area ~ ~ ' ~ 126 Installation of tapping sleeves and SEE NOTE ~ 3 ~ valves/ awed area • ~ Items .1-12b will be used as bid evaluation. Items 12-20 will be used as seconda evaluation criteria 13 Additional cost for hand di trench Linear foot O 14 Additional cost for restoration of Square foot ~ ' ~ ~ halt driveways 1S Additional cost for restoration of Square foot ~ O ~ concrete drivewa s/sidewalk - 16 Hourl labor rate Per hour `s - ~O 17 Hourl rate for trencher, if needed Per hour 18 Hourl rate for backhoe, if needed Per hour - C70 l 9 Hourly rate for boring machine, if Per hoar ~ . ©~ needed 20 Mark up on wholesale cost fox Percent Markup additional vege#ative restoration (if id d b ~~ ~ e y required), based on invoice prov ~ vendor inclicatin wholesale cost: ~`To include all labor and appurtenances normally associated with water main replacement programs. Two prices should be provided: (12a} installation in non-paved area, and {12b} installation in paved area. Both prices should include restoration to "as found" or better condition. ALL PRICES F.O.S. BOYNTON BEACH It is further agreed that the product/service will be campletedldelivered within ~ calendar days from the date of the Purchase Order from the City. Number of Bid Proposals submitted Original and two copies submitted ~''Q Yes{Na Evidence of possession of required licenses !~ es/No Specification "check-off' sheets (Pages 3-5) Submitted: ~~ es/No l7 THIS PAGE To BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Anti-Kickback Affidavit Submitted " es/No Confirmation of Minority Owned BUSiness ~/' Submitted Y s/No Drug Free Workplace Submitted eslNo '' ~ ~ ~- COMPANY NAME SIGNATURE 3~ ~~~ TELEPHONE NUMBER Florida Contractor's License Number c-o- ~ ~ ~~ ~-' l T't PRIN'l:'ED NAME .~ ~ ~ -~- TITLE I8 THIS PAGE TO BE SLTBM[TTEI) IN ORDER ~'OR PACKAGE TO BE C©NSIDERED COMPLETE AND ACCEPTABLE Contact Bid #027-2821-07/.~~ I~atc: Ja~~a~ 17, 200 Ate~-~ate ~~d tees pity of ~oynto~ ~eae~ mater ~er~iee ~'ar~tract, Additional Se~~~ices ~~~~aila~l~ in as~o~;iat~an tivith tl~i5 Contract. Item Description Unit Price #21. Furnish and install 1" corp€~ration stop and saddle less than 4' in depth_ $275.00 #22. Installation of 4" 0900 PVC price per foot with fttings $3I.50 #23. Installation of 5" C900 PVC price per Faat with fittings $38.50 #24. Installation of S" 0900 PVC price per foot with tittin~;s $45.50 #25. Replacement of fire hydrant (only} with materials using existing valve $2500.00 #26. Installation price per foot of 2" P.E. service line w/a casing far share side $15.50 #27. Installation price per foot of I" P.E. service line w/o casing for short side $I3.00 #28. Installation price per foot of I " P.E. service line with casing for long side $15.00 #29. Installatiar~ of I "ball meter, yoke bar and tail piece $ 125.00 #29. Installation of I I/2" or 2" €~all meter and meter cortr~ection $25.0.00 #~30. Installation of 2" resetter {labor only) #3 I .Installation of 2" blow off assembly #32. Installation of 2" RS gate valve and saddle cc~.crSplete with valve box #33. Installation cif 4" Gate Valve with hax #34. Installation of 8" Gate Valve with ~x #35. Installation of 2" backflow preventer #3fi_ installation of I'' baekfiow preventer $350.00 $325.00 nSSO.00 $SS0.00 $750.00 ~625.OQ $325.00 Item Description Unit Price #37. Installation of MXU on existing TR rr~eter (ping unit only) $10.00 #38. lnstallativn of 5;8" water meter $22.00 #39_ Installation of ]"water meter X2$•00 #443. Installation of• I.5" water meter X150.00 #4] .Installation of 2" water meter $175.00 #42. Furnish and install I `/4" SCH 40 PVC water service pipe ~ 4.25 #43. l~urnish and install 1 '/~" SCH 40 PVC water service pipe $ 5.00 #4I. Ptzrrzish and install 2" SCH 40 PVC water service pipe $ 5.25 #42. Reconnect to existing sprisalCler connection at house ~ 75.Ofl #43. Sod restoration for water matt? projects price per SF ~ 1.00 #44. Pass through on materials not covered under litre :terns (:©st plus 2{I% MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Acting Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: June 25, 2008 SUBJECT: AGENDA ITEM 8.I.6 -REGULAR COMMISSION MEETING OF .TULY 1, 2008 PURCHASE AWARD/WESCO TURF SUPPLY, INC. ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of one (1) Toro Groundsmaster 7200 Heavy Duty Zero Turn Mower, model # 30361 in the amount of $16,013.30, from Wesco Turf Supply, Inc. per Florida State Contract #515-630-06-1. BACKGROUND The purchase of a Toro Groundsmaster Zero Turn Mower was approved in the current budget due to merging the Cultural & Facilities Division with Parks Maintenance Division. The purchase will be awarded to Wesco Turf Supply with shipping and service through Hector Turf. FUNDING SOURCE Funding is available in account # 001-4131-572-64.90 Other Mach./Equipment after budget transfer. RECOMMENDATION Parks Maintenance recommeds approval of the purchase of a Toro Groundsmaster Zero Turn Mower from Wesco Turf Supply, Inc. ~+i~44 ~~ 2437~~ P 2(2 l,it~4 1~t.~t. 4l~lt~t# .~ (FiEF F ~ i~~f~€~~? f3CAt:f 4< Cl..:'1.338P 7~1.-. 411~~F) 4?51.51:~i3f6 • ~-35~' fly ~q'~!~97 y ~ ~®~ ~~ '~'dlY: ^!~~ k~ ~: 'V~ ,~ ~ i~ck - ~+ ~t~d W ` ~:~ ,~. .~ . b ~~ r ~i5-~ 1'~g per Fturrd~ t~ . ~1~~-0~--t MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 24, 2008 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 REQUEST IN-LIEU PARKING SPACE/SHORE RESTAURANT ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from the Shore Restaurant for the purchase of four (4) in-lieu parking spaces to accommodate the enclosure and remodeling of a 538 square feet kitchen/service area. BACKGROUND The Shore Restaurant, located at 6 South Ocean Boulevard, has submitted a class III site plan modification to enclose and remodel 538 square feet of open area, at the rear of the property, to a kitchen/service area. The original request for the purchase of eleven (11) in-lieu spaces has been reduced to four (4). In response to concerns raised by the residents of the adjacent condominium the applicant has chosen to eliminate the rooftop deck. The 538 sq. ft. area to be enclosed has been reduced from 798 sq. ft. as it was discovered that a 205 sq. ft. walk in cooler, for which two (2) in-lieu spaces had been paid in 2004, was inadvertently included in this application, and a 55 sq. ft. portion of an existing building, currently in the setback, is being removed. Proposed modifications to the facade, including but not limited to removal and replacement of the existing awnings and brick veneer are still included in the revised application. Land Development Regulations (LDR) Section 4.6.9(B)(1)(c) requires that off-street parking be provided for any addition or enlargement of an existing building or use. LDR Section 4.4.13(G)(1)(d) requires the provision of six (6) parking spaces per 1,000 square feet of floor area. The 538 sq. ft. expansion of the kitchen/service area requires the provision of four (4) parking spaces (0.538 x 6 = 3.23 which rounds up to 4). Due to site constraints the applicant is unable to provide the spaces on site. Therefore, the applicant is requesting to purchase the spaces in accordance with LDR Section 4.6.9(E) (3) in lieu of providing the parking on site. The price per space in Area 1, the location of the subject property, is $18,200 per space, totaling $72,800.00. LDR Section 4.6.9(E)(3)(d) requires the fee to be paid in full upon issuance of the building permit as the applicant is the tenant of the property. The additional square footage being proposed is for a service area and is not creating an additional customer area, thereby minimizing additional vehicular trips to employees only. As described to staff, the new restaurant is not part of a national chain but rather independently owned, and is proposed as a moderately priced dining establishment serving upper end beach fare (burgers, salads, soups, etc.). The majority of the customer base is anticipated to be visitors already in the area, thereby not increasing utilization of the existing parking inventory above that of the existing Shore Restaurant. In addition to the metered parking along Ocean Blvd. (SR AlA), the Sandoway and Orange Grove Lots (Marriott North) are approximately 1,500 and 1,000 feet away respectively. Furthermore, as a general rule, the public is permitted to use the parking garage located in the Marriott Hotel, on a first come first serve basis, as long as the prevailing rate is paid. It is noted the spaces are not public spaces and belong to the Marriott Hotel. The Marriott reserves the right to discontinue its use to the general public at any time. Additionally, the terms of the valet parking license agreement, for the valet queue located on the south side of Atlantic Avenue, at the corner of Ocean Blvd., make it available to all visitors wanting to use its services. Furthermore, the Downtown Roundabout shuttle service has two routes. Route 1 buses lA and 1B operate between the Tri Rail station and the Beach; Route 2 operates between the Library and the Beach. The recent expansion of service, adding the third bus, has reduced headways in the downtown core area to approximately 10 minutes between the hours of noon and 8:00 PM, and has extended service on Route 2 to 10:30 PM. Whereas people destined for the beach area will attempt to park there, people already parked in the downtown core may take the shuttle to avoid contending with traffic and re-parking their vehicles. In consideration of the aforementioned, staff supports the applicant's request for the purchase of four (4) in-lieu parking spaces as outlined in the staff report above. REVIEW BY OTHERS The Downtown Development Authority, at its meeting of June 9, 2008, was presented the original site plan modification for 11 spaces to accommodate the 798 sq. ft. enclosure and rooftop deck to be completed as a phased project. The Board recommended approval of the purchase of five (5) in-lieu parking spaces to accommodate the expansion of kitchen/service area with the caveat that at no time in the future may the area be converted to customer service area. Approval for phase II of the project, (the rooftop deck), was not supported. The Community Redevelopment Agency, at its meeting of June 12, 2008, unanimously recommended approval of the request for four (4) in-lieu spaces as outlined above. The Parking Management Advisory Board, at its meeting of June 24, 2008, unanimously recommended approval of the applicant's request (8-0). RECOMMENDATION By motion, approve the request from the Shore Restaurant for the purchase of four (4) in-lieu parking spaces, in accordance with LDR Section 4.6.9(E)(3), by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR SHORE RESTAURANT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request for the purchase of 4 parking spaces in- lieu has come before the City Commission on July 1, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for the Shore Restaurant. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 4 parking spaces in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 1 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 1St day of July, 2008, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 ~ _ mLL p U z m w Q w= ~ 0~ ~~c=7= ~° ~a °Y _ Q 5 U O Q ~ ~~ a = ~ O u~i o~ m¢ a - 80-£ L-9 8b21dS ~ aano soiHdsy,zs S31abn tibM_~O.1H~JIa (anla Nbaool y-~_y a's _~--~- _ i -~- r~ PP p p~Q- i~ ~ s P <~ 8=s ~V& H w=. xa zz 0 z' a_ a F !q ~ z o i ~ 3f1N3/~t/ yN3lyS °o d ~ °z m ~n I D ~ C '" Wogs ro LL Z w~ d' Q H ao K pw w v ~oQ~ a- ~ l1J Q H ~ o~ o~ Q ~ _ °=W Nw ~~~ ----- -- •------ ; _~~ ~~ ~_ ~~~ ~ 4~~ 5 ~6 05 O} y~ z® ~~ ~~ y ~ 2 O ~ ~ a ~~ LL LL _ N as o o - a :yQ ~~a 80-£4-9 BbRidS ~~ ~~} iL---~~I Q6 a4 O K~ z Q C~ G 0 a=+ U O J a--~ (6 (6 a--~ N N O MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler -Director, Community Improvement THROUGH: David Harden -City Manager DATE: June 25, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 AMENDMENT N0.3 TO THE SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT/WASTE MANAGEMENT ITEM BEFORE COMMISSION City Commission consideration of the revised Amendment #3 to the Solid Waste and Recycling Collection Franchise Agreement dated September 20, 2001 between the City of Delray Beach and Waste Management Inc. of Florida (WM). The amendment extends the agreement another five (5) years effective October 1, 2008 through September 30, 2013. BACKGROUND The City entered into a Franchise Agreement on September 20, 2001 with BFI Waste Systems of North America to provide for the collection of solid waste and recycling materials. The Commission approved Amendment #1 on September 29, 2003 consenting to assignment from BFI to WM together with modifications to the term, indemnification provisions and other provisions. Amendment #2 was approved on September 20, 2006 to expand the collection of curbside residential vegetative waste to six (6) days per week and to provide for the collection of waste from public transportation shelter receptacles. Amendment #3 proposes to extend the term of the agreement (5 years), to provide for a fuel surcharge, to modify the rate adjustment for changes in the Consumer Price Index (CPI) and to require a written agreement for storm cleanup activities. Staff presented the initial Amendment #3 as proposed by Waste Management to the Commission at the regular scheduled workshop meeting of June 10, 2008. The Commission, by consensus, directed staff to issue a new Request for Proposal via the competitive bid process with the intent of awarding a new Franchise Agreement that would be effective October 1, 2008. The Commission expressed that their desire to select the new service provider will be weighted towards the company's ability to provide quality services and did not want to limit their approval solely on the lowest bidder. At the end of the regular City Commission meeting of June 17, Vice Mayor Montague asked and received consensus from the Commission that staff be allowed to negotiate with Waste Management for a revised Amendment #3 for their consideration. Staff would continue to develop the RFP with the understanding that if the Commission rejects the proposal, the RFP would be issued immediately. In negotiating with Waste Management, staff considered the comments and concerns raised by the Commission at the workshop meeting. I have attached the renegotiated Amendment #3 proposals with two price points representing the position from WM. One sets forth the fee structure based on WM continuing as the sole provider for Construction & Demolition Debris (C&D) roll-off services; the second sets forth the fee structure under a non-exclusive roll-off agreement. The proposal eliminates the automatic 5-year renewal option and revises the language that satisfies our Attorney under Section 20, Natural Disasters. We were successful in negotiating a revised Fuel Surcharge starting with a baseline price of $4.69/gallon and revised language that clarifies the methodology for calculating the annual adjustments. The CPI is compounded annually and Fuel Surcharge is calculated separately and is not compounded and will always be based on the 2008 base year fee. In addition, staff is providing the following for your reference: 1. Verification of WM Recycling of C&D Collections: Staff met with Butch Carter on June 19, 2008 so that he could provide both written and visual information pertaining to WM's recycling efforts for construction and demolition debris. WM supplied copies of receipts for roll-off materials delivered to Sun Recycling (a subsidiary of Southern Waste Systems), principally located in Lantana and Delta Recycling located in Pompano Beach. The receipts verified the site that materials were delivered to and that they came from Delray Beach. Please note that staff had visited the Sun Recycling facility several months ago to observe their operation and the types of materials recycled. Staff also conducted a site visit to Delta Recycling; this company is owned by WM. Staff reviewed a number of receipts documenting materials delivered from Delray Beach to this recycling facility. We learned that concrete, metals, cardboard, stone and dirt is recycled in various ways. The plant manager indicated that 60% to 70% of the volume received at the facility is recycled. The conveyor belt operation at Delta is very similar conceptually to the Sun operation in Lantana. The Delta operation seemed much larger in scale. Thus, we verified and concluded that the majority of the materials (C&D) collected by WM and delivered from Delray Beach to these two facilities are recycled. 2. Rate Comparisons for Waste Management Removal Services: Schedules I & II are included as an attachment to this transmittal and provide a rate comparison to the fees proposed under Amendment #3 to other municipal contracts currently owned by Waste Management. 3. Attachment "A" is a summary of RFP results from the period of 2005 - 2008 supplied by Waste Management. Staff did a random sampling of this information and verified the information is represented fairly. Staff will develop the application process, franchise and other fees to be assessed and performance standards for multiple vendor participation if the City decides to do anon-exclusive agreement for C & D with Waste Management. RECOMMENDATION Staff is recommending City Commission consideration of Amendment #3 to the Solid Waste and Recycling Collection Franchise Agreement dated September 20, 2001 between the City of Delray Beach and Waste Management Inc. of Florida (WM). V •~ rQ~ VJ .~ O ~~/ I~ C~ J.r 0 U ~~~// wW ICI V C/~ +' O 'f" N L ~ O ~ .~w ~ ~--i ~I b~ ~' vi a .~ y riLr ~ V ~ R a~ u ~. ~ M i c r, ~° a~ A a ~ U ~ ~ U Ji" ~ v 6 M ~' O N ~ .+ h O ~ U l-. ~ U °i I ~ ~ • o o p ~ C ~ ~ ~ .~ U p ~ ^O .~ O Z ~ . -. ~ ~"~ ~ O 69 ~ 6R . .. ~ ~ ~ ,~ ~ .O O N ~ v V v u V ~, U O U `n 0 E N O cC it c~ ~ s~ U .., ~ ._ U ~ ~ 0 n O O ~' O _7.. ~ G O ~ O ~ ~ >~. ~ v~ .~ ~ ~ ~ ~ ~ ~ n U R. ~ U V 4"'~ V ~ 64~ 69 64Py fJ-}F4 O ~ v o Q.~M 0 0 ~ U ~ y Fzi 7., 'a_ ~, dF ~.D~ S"'. 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(4 L.f~ ~ p ,~ VJ N 7SU 7 O O L cL m y .U x.. 7 -~ m ~ ~ ~ ~ ~ ~ . ~ x ~O ~~ ~~ ~~ .~ ~U .~ M 4-I O E Z W U a C' N .ti N '^L i..L w. U ~ O ~L ,^ i.~. Y ~N (~ •~. Q VJ `~`n YJ 0 L a a~ uj .U L M~ .~ W 3 r~ A .~ C O cV H z w .a ~ ~ :Q x C7 v ~ ~i ~~- O H ~ ~ H ~ ~i U ~ O ~^^L 4.1. L {.L. u~/.. {j{ LL ^ O VJ r~r^ V! 0 L a a~ cn N L .~ ~a rr^~^ M! ~_ .O Q~ ~U G 0 d N cC L M 0 r^~ ~gcvuszvE AMENDMENT N0.3 TO SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT DATED SEPTEMBER 20 2001 THIS AMENDMENT NO. 3 to the Solid Waste and Recycling Collection Franchise Agreement dated September 20, 2001 is made this day of 2008 by and between the CITY OF DELRAY BEACH (the City) and WASTE MANAGEMENT INC. OF FLORIDA ("WM"}, WITNESSETH: WHEREAS, the City and BFI Waste Systems of North America (" BFI") entered into a Franchise Agreement dated September 20, 2001, to provide for the collection of solid waste and recycling materials within the City {the "Agreement"}; and WHEREAS, pursuant to Amendment No. 1 dated September 29, 2003, the City consented to an assignment from BFI to WM of the Agreement together with modifications to the term, indemnification provisions and other provisions; and WHEREAS, pursuant to Amendment No. 2 dated September 20, 2006, the parties amended the Agreement to expand the collection of Curbside Residential Vegetative Waste to six days per week and to provide for the collection of waste from public transportation shelter receptacles; and WHEREAS, the parties desire to amend the Agreement to extend the term, provide for a fuel surcharge, modify the rate adjustment for changes in the Consumer Price rndex, and require a written agreement for storm cleanup activities. NOW, THEREFORE, in consideration of the covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. All capitalized terms sha11 have the meanings set forth in the Agreement as amended unless the context requires otherwise. 3. Section 1 TERM is amended to read as follows: The term of this Agreement is hereby exfended far five years and expires on Sepfember 30, 20T3 4. Section bA is amended to read as follows: Solid Waste and Recycling Collection Rate Adjustments: For alI Collection services, the charges shall be initially based on the rates established in Exhibit I, and as subsequently adjusfed pursuant to this Agreement. The Contractor shall receive an annual adjustment in the Residential Soled Waste Collection Service, Residential Recycling Collection Service, Commercial Solid Wasfe Collecfian Service and Commercial Recycling Collection Service rates. The adjustment shall be made to the combined category of Residential Solid Waste Collection Service and to Residential Recycling Collection Service and, separately to the combined category of Commercial Solid Waste Collection Service and Commercial Recycling Collection Service. At the end of the first year of this renewal term and each subsequent year, the collection portion of the rates in fhis Agreemenf shall be adjusted for (i) changes in the Consumer Price Index ("CPI) and (ii) changes in fuel costs as set forth in Exhibit II. 2 The Contractor shall supply the City with such further information as may be reasonably necessary. Annual rate adjustments shall be effective Dctober 1 of each year, beginning October 1, 2~Q9, unless otherwise mutually determined by the City and the Contractor. ~. Section 20 NATURAL DISASTERS is amended by adding the following to the end of the Section: Also, if the City engages a storm debris removal contractor for storm debris removal, Contractor shall not be required to pick up the vegetative, bulk trash construction debris, ar other storm debris (this does not include garbage and Contractor understands that the garbage collection may increase as a result of the stormy during the time the debris removal contractor is actively removing debris from the public rights-of--way. If the City wishes to engage Contractor in this storm debris removal it shall be by separate contract which shall be FEMA approved. Contractor agrees that if the City is still engaging its storm debris removal contractor after a period of 3 months from the date of the event and that Contractor has seen a reduction, that is out of the ordinary, in tonnage of waste hauled as compared to previous years, Contractor agrees to discuss a reduction in fees with the City. 6. The Contractor historically has provided annually to the City $10,000 worth of in kind services at City sponsored special events. The parties agree that same shall hereby be increased to $20,000 worth of in~kind services at City sponsored events. The City shall treat the in-kind service level as a sponsorship of the event and shall include Contractor as one of the advertised sponsors at the appropriate level where possible. 7. Exhibit I and Exhibit II are deleted and replaced with new Exhibit I and Exhibit II attached hereto and incorporated herein. 8. This Amendment No. 3 together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of 3 agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 9. Except as expressly modified in writing herein or as modified by subsequent written amendments, aII other terms and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WITNESS WHETZEOF, the parties have executed this Amendment to the Solid Waste and Recycling Collection Franchise Agreement on the day and year first hereinabove written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to legal form and sufficiency: City Attorney 4 Rita Ellis, Mayor WITNESSES: WASTE MANAGEMENT, INC. OF FLORIDA Sy: Vice President (Name printed or typed) (Corporate Seal) (Name printed or typed) STATE OF COUNTY OF day of corporation. The foregoing instrument was acknowledged before me this 200 by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a {state or place of incorporation) corporation, on behalf of the He/She is personally known to me or has produced (type of identification} as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped 5 ExxzszT z Approved Rate Schedule Rates Effective October 1, 2008 ^(Rates are Monthly unless otherwise indicated} Rates- Curbside Cart: Solid Waste Recycling Yard Waste Total (net of FF's) Rear-Door Cans: Solid Waste Recycling Yard Waste Total (net of FF's} Curbside Baas: Solid Waste Recycling Yard Waste Total (net of FF's) Multifamily Containerized leer unitl Solid Waste Recycling Total (net of FF's) Commercial Rates: Commercial FELT yard (Collection Qnly} (incl FF's) Commercial Carts (monthly rate) Bus Stop Receptacles {ratelsitelweek} RoilofF Rate (per Haul plus disposal) {incl FF's} $5.94 $2.50 $2.50 $10.94 $15.94 $2.50 $2.50 $20.94 $3.94 $2.50 $2.50 $8.94 $3.00 $2.50 $5.50 $5.50 $5a.oa $16.00 $225.00 6 EXHIBIT TA Approved Rate Schedule Rates Effective October 1, 2008 Contractor currently picks up individual 30-gallon cans along Atlantic Avenue, the beach area, and Pineapple Grove. Out of a total 104 containers, 84 do not have property control numbers and therefore the City is not charged for disposal by Salid Waste Authority but Contractor is so charged .Although the City is not charged for collection (per contract} of these con#ainers the City will reimburse Contractor for the disposal costs related to these containers. The City will be billed $7,390.G6 annually which will be computed as follows: 84 - 30 gallon containers picked up 6 times per week $28 per tan disposal rate charge by SWA = $1.88 per cubic yard 30 gallon container = .15 cubic yards 84 containers X .15 cubic yards X 6 pickups per week X 52 weeks X $1.88 = $7,390.66 Should disposal costs be adjusted by the SWA, the above reimbursement shall be appropriately adjusted. 7 EXHIBIT II Payment Adjustment Schedule Consumer Price txidex Compensation payable to the Contractor for collection services shall be adjusted upward or downward annually to reflect changes in .the Consumer Price Index for all urban consumers for Miami-Fort Lauderdale area, all items, as published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI"). Beginning on October 1, 2009 and on each October 1 thereafter, the foregoing rates shall be adjusted to reflect the increase or decrease in the CPI for the immediately preceding twelve {12) month period of April to April. Such upward adjustments shall be limited to a rolling cap of five percent {5%) per annum. Any CPI upward adjustments in excess of five percent (5%} in one (1) year will roll forward cumulatively until a year when the CPI upward adjustment is under five percent {5%). The excess CPI upward adjustment that has rolled forward will then be applied to the extent possible, not to exceed five percent (5%) in any annual upward adjustment. In no case shall the CPI based upward adjustment exceed five percent (5%} in any given year. The Contractor shall notify the City in writing of increases that are based on the CPI, as provided in this section prior to implementation. Should the CPI be discontinued or substantially modified, then an alternate index shall be chosen and utilized, with a comparable rolling cap, by mutual agreement of the City and the Contractor. Fuei_5urchar~e Contractor shall, on a yearly basis, adjust the applicable rate charged to reflect any change in the cost of diesel fuel as determined by reference to the Energy Information Administration of the US Department of Energy ("EIA/DOE"} website that reports average prices of diesel fuel for the "Lower Atlantic" United States, The link is as follows: http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp . The fuel surcharge shall always be calculated on the base rate charged to the City on the first year rate of this renewal and shall not be compounded on the subsequent years calculations.: The adjustment shall be effective October 1, 2009 and every October 1 thereafter. After determining the average price of diesel fuel from the aforesaid website ("EIA/DOE fuel cost") for the immediately preceding 12 month period of May 8 to April, the corresponding fuel cost modifier will be calculated pursuant to the following table. Note that far adjustments not shown on the table, the calculation shall be extrapolated from those set forth: Waste Management -City o~ Delray Beach Fuel Surcharge Table TABLE FOR FUEL SURCHA R GE CALCULATION Avera a Price/ Galion Percent of Surchar a ~ Avera a Price Galion Percent of Surchar e 1,990 to $ 2.1.39 -10A% $ 4.240 to $ .4.389 0.0%~ 2.140 t0 2.289 -9.0% $ 4.390 , to $ 4.539 _ 0.0% $ 2.290 to 2.439 -$.0°/a $ 4.540 ~ t0 $ 4.689 0.0°/a $ 2.440 to $ 2.589 -7.0% $ 4.690 t0 4.839. $ 0.0% 2.590 to 2.739 -6.0% 4.840 to _ $ ..~... 4.989 1.0% 2.740 to 2.889 -5.0% 4.990 to $ 5.139 2.0% $ 2.890 to $ 3.039 -4.0% $ 5.140 to $ 5.289 3.0% 3.040 to $ 3.189 -3.0% ~ $ 5.290 to $ 5.439 4.0% 3.190 to 3.339 -2.0% 5.440 to $ 5.5$9 S.0% $ 3.340 to $ 3.489 -1.0% $ 5.590 to $ 5.739 6.0% 3.490 to $ 3.639 0'.0°/n 5.740 to $ 5.$89 7.0% $ 3.640 to $ 3.7$9. 0.0°10 5.890 to $ 6.039 8.0% $ 3:790 to $ 3.939 0.0% $ 6.040 to 6.189 9.0% $ 3.940 to $ 4.089 0.0%~ 6.190 to $ 6.339 10.0% $ 4.090 ~o $ 4.239 ~.0% $ 6.340. to $ 6.489 11.0% http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp Weekly Retail On-Highway Diesel Prices -Lower Atlantic Baseline Price - $4.69/gallon. 9 Methodolo~v Each of the calculations for CPI and Fuel are done separately and then added to the collection rates set forth in Exhibit I {residential and commercial). The CPI and fuel adjustments are not compounded one upon the other but are calculated as set forth in the examples below. Examples of Adjustments The first adjustment for CPI which is effective October T, 2009, is based on the percentage change for the months April, 2008 to April, 2009, For example, if the CPI were 210.90 in Apri12008 and 221.32 in Apri12009, the calculation would be as follows: 221.32 - 210.90 = 10.42 divided by 210.90 = .049 or 4.9%. That percentage change is applied to the rate from Exhibit I to determine the change due to the change in CPT. If the rate was $10.94, the adjustment for CPI would be $0.54 and the CPI adjusted rate would be $11.48 ($10.94 + $0.54). Lower Atlantic ~RAbd 1G} No 2 Diesel Retail Sales by A11 Sellers [Cents per Gallon) 2006 _2007.: 2008 330.2 337.5 386.7 406.6 440.6 If we use the period May 2007 to April 2008 as an example, the average of the prices for those months is 319.9 cents or $3.199 per gallon. Referencing the Fuel Surcharge Calculation chart indicates a decrease of 2.0%. Accordingly, the calculation would be $10.94 (Contract Residential Base rate) x -2.0% or -$0.22. For the adjustment on 10-01-10, if the CPI percentage change were again 4.9% and fuel rose so that the average were $4.840 per gallon {requiring a 1% upward 245.2 245.8 252.9 270.2 283.3 284.4 287.2 293.5 269.0 247.8 246.5 2539 240.7 242.3 261.8 279.3 274.4 276.3 280.9 284.2 290.4 301.4 333.6 330.9 10 adjustment), the adjustments would be $.56 for CPT ($11.48 x 4.9%) and $.11 for fuel {Contract Residential Base Rate of $10.94 x 1%). Putting the calculations together yields the following: 101].12008 1.01112009 10/1/2010 CPI Calculation: Initial Rate $10.94 $10.94 $11.48 CPI $0.00 $0.54 $0.56 4.9% 4.9% CPI Adjusted Rate $10.94 $11.48 $12.04 1 ~ l Fuel Surcharge Calculation• CPI Adjusted Rate $10.94 $11.4$ $12.04 Fuel Surcharge* $0.00 ($0.22) $0.11 -2.0% ..._ 1.0% CPT and Fuel Adjusted Rate $10.94 $11.26 $12.15 * Fuel Surcharge percentage applied to Contract Residential Base rate of $10.94. 11 NON=E7~CLUSIVE AMENDMENT N0.3 TO SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT DATED, SEPTEMBER 20, 2001 THIS AMENDMENT NO. 3 to the Solid Waste and Recycling Collection Franchise Agreement dated September 20, 2001 is made this day of 2008 by and between the CITY OF DELRAY BEACH (the City} and WASTE MANAGEMENT INC. OF FLORIDA {"WM"} WITNESSETH: WHEREAS, the City and BFI Waste Systems of North America {" SFI"} entered into a Franchise Agreement dated September 20, 2001, to provide for the collection of solid waste and recycling materials within the City (the "Agreement"); and WHEREAS, pursuant to Amendment No. 1 dated September 29, 2003, the City consented to an assignment from SFI to WM of the Agreement together with modifications to the term, indemnification provisions and other provisions; and WHEREAS, pursuant to Amendment No. 2 dated September 20, 2006, the parties amended the Agreement to expand the collection of Curbside Residential Vegetative Waste to six days per week and to provide for the collection of waste from public transportation shelter receptacles; and WHEREAS, the parties desire to amend the Agreement to extend the term, provide for a fuel surcharge, modify the rate adjustment for changes in the Consumer Price Index, delete exclusivity for temporary open-top rolloff service far construction and demolition debris at construction, demolition and renovation sites and require a written agreement for storm cleanup activities. NOW, THEREFORE, in consideration of the covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. All capitalized terms shall have the meanings set forth in the Agreement as amended unless the context requires otherwise. 3. Section 1 TERM is amended to read as follows: The term of this Agreement is hereby extended for five years and expires on September 30, 2013. 4. Section 6A is amended to read as follows: Solid Waste and Recycling Collection Rate Adjustments: For all Collection services, the charges shall be initially based on the rates established in Exhibit I, and as subsequently adjusted pursuant to this Agreement. The Contractor shall receive an annual adjustment in the Residential Solid Waste Collection Service, Residential Recycling Collection Service, Commercial Solid Waste Collection Service and Commercial Recycling Collection Service rates. The adjustment shall be made to the combined category of Residential Solid Waste Collection Service and to Residential Recycling Collection Service and, separately to the combined category of Commercial Solid Waste Collection Service and Commercial Recycling Collection Service. At the end of the first year of this renewal term and each subsequent year, the collection portion of the rates in this Agreement shall be adjusted for (i) changes in the Consumer Price Index ("CPI} and (ii) changes in fuel costs as set forth in Exhibit II. 2 The Contractor shall supply the City with such further information as may be reasonably necessary. Annual rate adjustments shall be effective October 1 of each year, beginning October 1, 2009, unless otherwise mutually determined by the City and the Contractor. 5. Section 20 NATURAL DISASTERS is amended by adding the following to the end of the Section: Also, if the City engages a storm debris removal contractor for storm debris removal, Contractor shall not be required to pick up the vegetative, bulk trash construction debris, or other storm debris (this does not include garbage and Contractor understands that the garbage collection may increase as a result of the storm) during the time the debris removal contractor is actively removing debris from the public rights-of--way. If the City wishes to engage Contractor in this storm debris removal it shall be by separate contract which shall be FEMA approved. Contractor agrees that if the City is still engaging its storm debris removal contractor after a period of 3 months from the date of the event and that Contractor has seen a reduction, that is out of the ordinary, in tonnage of waste hauled as compared to previous years, Contractor agrees to discuss a reduction in fees with the City. f . The Contractor historically has provided annually to the City $10,000 worth of in kind services at City sponsored special events. The parties agree that same shall hereby be increased to $20,000 worth of in-kind services at City sponsored events. The City shall treat the in-kind service level as a sponsorship of the event and shall include Contractor as one of the advertised sponsors at the appropriate level where possible. 7. Exhibit I and Exhibit II are deleted and replaced with new Exhibit I and Exhibit II attached hereto and incorporated herein. 3 8. Notwithstanding any other provision in the Agreement, temporary open-top rolloff service for construction and demolition debris at construction, demolition and renovation sites is not exclusive to Contractor. 9. This Amendment No. 3 together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 10. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WITNESS WHEREOF, the parties have executed this Amendment to the Solid Waste and Recycling Collection Franchise Agreement on the day and year first hereinabove written. ATTEST: City Clerk Approved as to legal form and sufficiency: CITY OF DELRAY BEACH, FLORIDA By: 4 Rita Ellis, Mayor City Attorney WITNESSES: WASTE MANAGEMENT, INC. OF FLORIDA Sy: Vice President {Name printed or typed) (Corporate Seal) (Name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ....~, 200J by ,,......! as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced {type of idertification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped 5 EXHIBIT I Approved Rate Schedule Rates Effective October ~, 2008 ^{Rates are Monthly unless otherwise indicated) Rates; Curbside Cart: Solid Waste $6.14 Recycling $2.5D Yard Waste $2.50 Total (net of FF's) $11.14 Rear Door Cans: Solid Waste $16.14 Recycling $2.50 Yard Waste $2.50 Total (net of Fl/'s) $21.14 Curbside Baas: Solid Waste $4.14 Recycling $2.5D Yard Waste $2.50 Total (net of FF's} $9.14 Multifamily Containerized (per unit} Solid Waste $3.1 D Recycling $2.50 Total (net of FF's} $5.60 Commercial Rates: Commercial FELT yard (Collection Only} (incl FF's) $5.50 Commercial Carts (monthly rate) $50.D0 Bus Stop Receptacles {ratelsitelweek) $16.00 Rolloff Rate (per Haul plus disposal,,},,(incl FF'sl $225.00 6 EXHIBIT IA Approved Rate Schedule Rates Effective October T, 2Q0$ Contractor currently picks up individual 30-gallon cans along Atlantic Avenue, the beach area, and Pineapple Grove. Out of a total 104 containers, 84 do not have properly control numbers and therefore the City is not charged for disposal by Solid Waste Authority but Contractor is so charged .Although the City is not charged for collection (per contract) of these containers the City will reimburse Contractor for the disposal costs related to these containers. The City will be billed $7,390.86 annually which will be computed as follows: 84 - 30 gallon containers picked up 6 times per week $28 per ton disposal rate charge by SWA = $1.88 per cubic yard 30 gallon container = .15 cubic yards 84 containers X .15 cubic yards X 6 pickups per week X 52 weeks X $1.88 = $7,390.G6 Should disposal costs be adjusted by the SWA, the above reimbursement shall be appropriately adjusted. 7 EXHIBIT II Payment Adjustment Schedule Coztsumex Price Index Compensation payable to the Contractor for collection services shall be adjusted upward or downward annually to reflect changes in the Consumer Price Index for all urban consumers for Miami-Fort Lauderdale area, all items, as published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI"). Beginning on October 1, 2009 and on each October 1 thereafter,' the foregoing rates shall be adjusted to reflect the increase or decrease in the CPI for the immediately preceding twelve (x2} month period of April to April. Such upward adjustments shall be .limited to a rolling cap of five percent {5%) .per annum. Any CPI upward adjustments in excess of five percent (5%) in one (1) year will roll forward cumulatively until a year when the CPI upward adjustment is under five percent (5%}. The excess CPI upward adjustment that has rolled forward will then be applied to the extent possible, not to exceed five percent {5%) in any annual upward adjustment. In no case shall the CPI based upward adjustment exceed five percent- (5%} in any given year. The Contractor shall notify the City in writing of increases that are based on the CPI, as provided in this section prior to implementation. Should the CPI be discontinued or substantially modified, then an alternate index shall be chosen and utilized, with a comparable rolling cap, by mutual agreement of the City and the Contractor. Fuel Surcharge Contractor shall, on a yearly basis, adjust the applicable rate charged to reflect any change in the cost of diesel fuel as determined by reference to the Energy Information Administration of the US Department of Energy ("EIA/DOE") website that reports average prices of diesel fuel for the "Lower Atlantic" United States. The link is as follows: http://tonto.eia.doe.gov~ooglinfo/wohdp/diesel.asp . The fuel surcharge shall always be calculated on the base rate charged to the City on the first year rate of this renewal and shall not be compounded on the subsequent years calculations.: S The adjustment shall be effective October 1, 2009 and every October 1 thereafter. After determining the average price of diesel fuel from the aforesaid website ("EIA/DOE fuel cost") for the immediately preceding 12 month period of May to April, the corresponding fuel cost modifier will be calculated pursuant to the following table. Note that for adjustments not shown on the table, the calculation shall be extrapolated from those set forth: Waste Management -City of Delray Beach Fuel Surcharge Table TABLE FOR FUEL SURCHA R GE CALCULATION Avera a Price/ Gallon Percent of Surchar a Avera a Price/ Gallon Percent of Surchar e $ 1.990 t0 2.139 -10.0°/a $ 4.240 to $ :4.389 : 0.0% 2.140 to 2.289 -9.0% $ 4.390. __ to $ 4,539 0.0°10 2.290 t0 $ 2.439 -8.0% $ 4.540. to $ 4.689 _ 0.0% 2.440 to 2589 -7.0% $ 4.69U t0 $ '4.839 0.0% $ 2.590 to 2.739 -6.0% ~ 4.840 t0 $ 4.989 1 A% 2J40 to $ 2.889 -5A% ' $ 4.990 to $ 5.139 2.0% 2.890 to 3.039 -4A% 5.140 to 5.289 3.0% $ 3.040 to 3.189 -3.0% 5.290 to $ 5.439 4.0% 3.190 to $ 3.339 -2.0% $ 5.440 to $ 5.589 5.0% 3.340 to 3.489 -1.0% 5.590 to $ 5.739 6.0% __ _ $ 3.490 to __ $ 3.639 0.0%0 5.740 to $ 5.889 7.0% $ 3..640 to $ 3.789 00% $ 5.890 to 6.039 8.0% $ 3.790 ~ to $ 3.939 00% 6.040 to $ 6.189 9.0% 3:.940 to $ 4.089 0.0% $ 6.190 to $ 6.339 10,0% $ 4.090 to, $ 4.239. 0.0% f $ 6.340 to $ 6.489 11.0% http://tonto.eia.dae.gov/oog/info/wohdp/diesel.asp Weekly Retail On-Highway Diesel Prices -Lower Atlantic Baseline Price - $4.69/gallon. Methodolo~v 9 Each of the calculations for CPI and Fuel are done separately and then added to the collection rates set forth in Exhibit I (residential and commercial). The CPI and Fuel adjustments are not compounded one upon the other but are calculated as set forth in the examples below. ExamFles of Adjustments The first adjustment for CPI which is effective October 1, 2009, is based on the percentage change for the months April, 2008 to April, 2009. For example, if the CPI were 210.90 in April 2008 and 221.32 in Apri12009, the calculation would be as follows: 221.32 - 210.90 = 10.42 divided by 210.90 = .049 or 4.9%. That percentage change is applied to the rate from Exhibit I to determine the change due to the change in CPL if the rate was $10.94, the adjustment for CPI would be $0.54 and the CPl adjusted rate would be $1T.48 {$10.94 + $0.54). The adjustment for changes in fuel costs is calculated by going to the Department of Energy website and determining the change in cost for the Lower Atlantic area for the period in question. __ __ _ __ Lower Afi#antic {PAaa '#+C} No 2 ©iesel Retail Sales by All Se#lers (Gents per;Gallun} 2006 245.2 245.8 252.9 270.2 283.3 284.4 287.2 293.5 269.0 247.8 246.5 253.9 2007 ' 240.7 242.3 261.8 279.3 274.4 276.3 280.9 280.2 290.4 301.4 333.6 330.9 200'8 ' 330.2 337.5 386.7 406.6 440.6 If we use the period May 2007 to April 2008 as an example, the average of the prices far those months is 319.9 cents or $3.199 per gallon. Referencing the Fuel Surcharge Calculation chart indicates a decrease of 2.0%. Accordingly, the calculation would be $10.94 (Contract Residential Base rate) x ~2.0% or -$0.22. For the adjustment on 10-01-10, if the CPT percentage change were again 4.9% and fuel rose so that the average were $4.840 per gallon {requiring a 1% upward adjustment}, the adjustments would be $.56 for CPI ($11.48 x 4.9%} and $.11 for fuel (Contract Residential Base Rate of $10.94 x 1%). 10 Putting the calculations together yields the following: 10/1/2008 10/1/2009 1.4/112010 CPl Calculation: Initial Rate $10.94 $10.94 $11.48 CPI $0.00 $0.54 $0.56 4.9% 4.9% CPI Adjusted Rate $10.94 $11.48 $12.04 Fuel Surcharge 1 1 ~ Calculation• CPI Adjusted Rate $10.94 $11.48 $12.04 Fuel Surcharge* $0.00 ($0.22) $0.11 -2.0% 1.0% CPS and Fuel Adjusted Rate $10.94 $11.26 $12.15 * Fuel Surcharge percentage applied to Contract Residential Base rate of $1.4.94. 11 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney DATE: June 20, 2008 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 RESOLUTION N0.23-08BUDGET TASK FORCE EXTENSION ITEM BEFORE COMMISSION The item before the City Commission is Resolution No. 23-08 which provides an extension of time for the Budget Task Force. BACKGROUND The Budget Task Force has submitted a request for aone-year extension (see attached letter). Resolution 23-08 provides for an extension of time until July 31, 2009 for the Budget Task Force to review the City's budget and make recommendations regarding budget issues. RECOMMENDATION City Commission discretion. RESOLUTION NO. 23-08 A RESOLUTION OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION 63-07, WHICH CREATED A BUDGET TASK FORCE IN ORDER TO PROVIDE FOR AN EXTENSION OF TIME; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to ~ extend the timeframe for the volunteer Budget Task Force of nine (9) members (seven (7) regular and t~ (2) alternate members) to review the City`s budget until Tuly 31, 2009 and make recommendations regarding budget issues; and WHEREAS, the City Commission desires to ~ extend the timeframe for the Budget Task Force to review the City`s budget #~si~~{6}~~is Lentil Tuly 31, 2009 and make recommendations regarding salaries and benefits, operating expei~ses, debt service expenses, capital outlay grants to other entities and transfers to other funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby agrees to appoint a Budget Task Force with the qualifications that meets the requirements as set forth below A. Budget Task Force Member Requirements: 1. The Task Force shall consist of nine (9) members (seven (7) regular and t~ (2) alternate members) appointed by the City Commission 2. All members shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. 3. At least five (5) of the regular members on the task force shall have one (1) of the following qualifications: a Certified Public Accountant b. Certified Financial Planner c. Investment Advisor d Insurance Professional (maybe property/casualty or health) e. Business Owner/Manager f. MBA or MPA degrees The remaining tv~ (2) regular members and two (2) alternate members maybe at large. Section 2. That the Budget Task Force shall be responsible for reviewing the Cites budget and malting written recommendations in the form of a five-year budget strategy to the City Commission regarding the Cites following budget issues: A. Budget Task Force Responsibilities: 1. Salaries and Fringe Benefits a Identify and prioritize services and service levels b. Analyze and prioritize overtime payments c. Review pension plans i. Review plan expenses ii. Alternative retirement plan benefits iii. Alternative retirement plans iv. Cityvs. employee contributions d Review group health plan i. Alternative health insurance plan benefits ii. Alternative health plans iii. Cityvs. Employee contribution 2. Operating Expenses a Review and evaluate use of "Other Professional Services" b. Review and evaluate use of "Other Contractual Services" c. Review "Portable Phone/Beeper'' expei~se d Review vehicle assignment and utilization e. Review "Travel & Trainir~' costs f. Review "Training and E ducation 'costs 3. Debt Service Expenses a Review and evaluate debt policies 4. CapitalOutlaX a Review and evaluate capital outlay policies 2 RES. N0.23-08 5. Grants to Other Entities a Review "Transfer to Community Redevelopment Agency' b. Review "Transfer to Librar~' c. Review other "Grants and Aids" 6. Transfers to Other Funds a Review "Transfer to Beautification Trust" b. Review "Transfer to General Construction' i. Policies regarding annual transfer required ii. Maintenance vs. capital projects c. Review policy on reserves PASSED AND ADOPTED in regular session on the day of , 2008. MAYOR Attest: City Clerk 3 RES. N0.23-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Acting Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: June 25, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 BID AWARD/HUFCOR FLORIDA GROUP ITEM BEFORE COMMISSION City Commission is requested to approve a bid award to the low bidder for bleacher replacement, Hufcor Florida Group, for replacement of the bleachers at Pompey Park in the amount of $67,530.00. BACKGROUND This item was originally presentated to the Commission at the July 17 regular meeting with a recommendation to repair the existing bleachers and was postponed to the July 1 meeting to further consider purchasing new bleachers. Sealed Bids were received May 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 had the option to bid on repairing the existing bleachers or providing new bleachers. Bids were submitted as follows: Repair Charron Sports Services Inc.: $41,005 Manufacturers Applied Renovation Systems Inc.: $53,672 Replacement Hufcor Florida Group: $67,530 Seating Constructors USA: $84,420 Hufcor provided the low bid for new bleachers in the amount of $67,530. The new bleachers come with a 10 year warranty (see attachment documents). Full documentation for this bid is on file in the Finance Department, Purchasing Division. FUNDING SOURCE 334-4127-572-46.15 GENERAL CONSTRUCTION FUND/PARKS & RECREATION/POMPEY REC FACILITY RECOMMENDATION Staff recommends awarding this bid to Hufcor Florida Group, low bidder for bleacher replacement, for the bleachers at Pompey Park in the amount of $67,530.00 per bid #2008-35. t 41 1fi m ~ b O L Q C ~ ~ ~~ V L a d O. O d a. N O ~ N G1 r O 0 R ++~A yV! V .~ a+ f1G 0 0 0 ~ o Q , ~ i 0 w m p rn v ~ ~~ H O ~ C N C r d' y N ~= y d' ~~ ~ E r m~ z W ~ o ~ o ~ o ~ Z O c l0 N V ~} ~-} H4 fA ER d4 N O O O O O C o ~~ y' a1 c w ~ U CO O ~ O O O CV N O ~ u~ N fA Q. `~ ~ ` D CO O r O CO O t¢ N o v ~ F ~ CO O CQ r ~ ~ ~ y ~ p ~ ilJ _ 7, rA U V) Q0. LL! y ac o dr y Z ~ ~ ~ Q ~ a i c E c Q ' C ~ ~ ~ N ~ d3 63 dg f{} (fl ER EA ~ O O 0 T ~ ~ ~ ~ M t[f ' O ~ ro d ~ ~ Q ~ p ~ °. g a a m m era ~ a ~ V~ Q Q Q Q Q Q o- -moo ~` ~ m c L l.t ~ ~~ Z Z Z Z Z ~ `o •3 ~° ~ ~- 2 LL ~ ~ ~ N ~ w m ~ o c c ~ ~ a% ~ W an 3 O O O O Q O Q~ Z ../^~ tl3 oD [O N ~r' r t V! W r T i V O O ~ Q ~ ~ ~ l !? U ~ ~ ~ ~ ~ ~ ~ ~ c ~ ~ ~ r lii ~ 3 N ~ 'N ~ {/~ Z N ~~ "ix j ~ ~ 41 ~ - ~ W ~' H W d j~ m ° v, N +~ ~ d F 0~ ~ ~ ~ ~ ~ a ~ ° ~ n a ° ~ ~ ~ Y ~ c p 3 p i ~.. w DS p ~_ ~ LK1 W ~ V d U ~ ~ U~ ~ ~ Q ~ C.~ Q1 ~ H N is ~ 'C ~ r ~ " G~ 3 ~ "` -- ~ _ . ~ _ ~ m c~c ~ ~~ moo NN T3 ~~ ~ o p Z ~ U] iu otS ~ C Z N ~ N 'O ~ F- W ~ V ~. ~ ~ ~. °a ~ `i' w m ~ a Q 3 ~ ~~ •~ ~ Q c a ~ N ~ N O as J Q ~ M O ~ ~ ~ n ~ ~ W~ © a ~ o ~ m ~ Z O m ... ~~~n.1~. 1~J;~~ 1:1~~~~i Hutt~r F~orida Group ~~, [2$3 r. ~-~ ~~ ~ !iH~1 (':nsi (;nak S1r~el F'C) i~oX 7. "f 117, rCala171?loo, ~~ ~1r)€]():3 11i)I ~I'eleUhvlze (11'i.i~ ~rJQ-'157 (~%lX (~~(:I~ .i~1(3-(ii.",(1 7 o v~~~ L~~I~rE~ ea ra r Vinyi on Steel - Steelwaad iN~I~~,~KAL. hereby guarantees the in~tallatian ©f Telescopic Boating against the need for re~inisl~ing tl~e VINY~,Wf.~I~l-ST~~I~ boards far- a ~er-iod of ten (~ 0}years after the date of this certificate. Any SUS [ward on which vinyl d~;lai~tinates wiii iae repiac;ed at n~a cost to the owner. This Guarantee covers norms[ wear and usage. This G~rarantee does rtat saver beards that have beer? srlhject to accident, abase, misuse or ;,ogleui:. This Guarantee shall be in lieu of all othor~ guarantees, express car implied, and INS°~I~KA~. shad not be liable for loss o~ profits ar athcr direct ar indirect expense =. This Guarantee is solely the r'espansibility of INT~RKA~. anti is r~c~t effective against the Surety Band Cflmpany. [nstallati©n Completias3 Date: _._._._...... .. ...._~ Qwner's Manual cal~tait~ring Maintenance Instructions ~l~ippec# with the jc~b. 20~l~-l'1C-24 31;23 ~ag~ 3 .~~~~, ~~, ~Uf18 l:iv~~ Nuf~~~~~~ '~ erida Grc~~, No. 12c3 P. 2!~i 6Jn1 cast Cark Street PCB Box 21(]7, Kalamazoo, {~41430Q3-21p1 Telewhone {2G~} 3d9.1521 Fax (2f39} 3d9•a5'G .. , GUARANTEE II~T~C~K~lR hereby guarantees the instalfatior7 of Telescoping ~eafiing against defects in material or workmar}ship for a peri©d cif Two (2) Years aver the date of ~~.ibstantial completion. Ariy part of the above equipment which becomes defective during the warranty period as a result of faulty material andf Qr wcrkrnanship, excluding parts which have been subject to accident, alfierafiion, abuse, misuse, or~neglect, wiif be replaced or repaired by fNT~f~f~Al~, its Dealer or Agent, at no charge to the owners. This guarantee shaft be in lieu cif ail ether guarantees, express or implied and INTf~i~KAL shaft not be liable for loss cif profits or other direct ar indirect expenses, 1©sses or damages fro~~n equipment or parts failure. installation ~ompletian Date: Owner's Manual containing fViaintenance Instructio~-ts shipped with the jab. MEMORANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: June 26, 2008 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 RT HEISENBOTTLE ARCHITECTS/CONSULTANT TO RESURVEY FOUR (4) DESIGNATED HISTORIC DISTRICTS ITEM BEFORE COMMISSION The item before the City Commission is the selection of a consultant to resurvey four of the city's locally designated historic districts: Del-Ida Park, Nassau Park, Old School Square, and West Settlers. BACKGROUND In May 2008, the City advertised a Request for Proposals (RFP) for the resurvey of four local historic districts. The six responses were received by the deadline of June 5, 2008 and included: Brockington and Associates ($38,834), Environmental Services, Inc. ($36,500), GAI Consultants ($35,200), RJ Heisenbottle Architects ($34,660), Warren Adams ($35,000), and West Construction ($33,500). Following the submittal deadline, an Evaluation Committee was formed which consisted of Amy Alvarez, Historic Preservation Planner; Diane Colonna, CRA Executive Director; Roger Cope, Architect and HPB Board Member; Mark McDonnell, Assistant Director of Planning and Zoning; and Paul Zacks, Planning and Zoning Board Chairperson. On Monday, June 23, 2008, the RFP Evaluation Committee met and evaluated each proposal based upon the evaluation criteria provided in the RFP (see attached). The Committee narrowed the selection to two candidates based on total scores, highest overall rankings, and the amount of number 1 rankings. The field was narrowed down to the top two candidates: RJ Heisenbottle Architects, and Environmental Services, Inc. Staff reviewed and contacted the references, all of which spoke favorably of each candidate and weighed their strengths and weaknesses based upon the bid submittals such as makeup of the project team, previous experience, knowledge and expertise of South Florida architecture, and fee structure. Staff recommends the contract be awarded to RJ Heisenbottle Architects as they are the most qualified candidate based upon their extensive experience and expertise in South Florida's architectural and developmental history, as required in the RFP. FUNDING SOURCE In December 2007, the City submitted a Small Matching Grant Application to the State of Florida's Department of Historical Resources which requested $25,000 for the subject project. Due to limited grant funding, the request was not funded. Nevertheless, funding up to $50,000 was made available in the FY 2007-2008 Planning & Zoning budget prior to the notification of the grant request. This $34,660 is available from Account No. 001-2511-515-31.90. RECOMMENDATION Approval of an agreement with RJ Heisenbottle Architects to conduct the resurvey of the Del-Ida Park, Nassau Park, Old School Square, and West Settlers Historic Districts for the total proposed fee of $34,660. Evaluation Criteria Maximum Points A. Ability of the firm to provide the type and quality of services based on relevant experience and references 40 of current and former clients. B. Qualifications and availability of the specific individuals who will provide the services. 25 C. Knowledge of state and federal requirements for Florida Master Site File forms/historic structures 20 surveys. D. Fee structure: Although not the dominant factor, the fee structure will be important when all other 15 evaluation criteria are close. Total Possible Points: 100 N Y ~ ~ ~ o o CV ~ ca J Y ~ ~ N r r N O ~ H ~ ~ LS') ~ ~ N h ti O ~ 0 ~ ~ i C M (V ~ M a U (n ~ ~ ~_ O 0 "~ (B U 00 O ~ ~N T~ n` 0 T n 0 L N ~ ~_ N d ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ U ~ o ~ ~. ~ ~ (~ w Y ~ ~ M N CO LC) r ~ V ~ N N 3 ~ d ~ 'o o rn ~ o rn o a Y ~ ~ N N N t0 ~ d Y ~ L C ~ R 0 c G 0 ~ V ~ Y ~ ~ ~ ~ ~ ~ ~ ~ ~ rn o0 00 0o cfl r~ d Y Q ~ ~ ~ ~ N M CO ~ U L d 0 y ~ ~ ~ O ~ ~ ~ 'O ~ OO CD ti CD Lf') a Y N ~ ~ M CO ~ N ~ ~ c c ~ o N ~ (~ C Lf) ~ r 00 M ~ '~ ~ ti ~ ~ ~ ti d N i Y ~ CO N ~ M ~ r N ~ Q ~ A a-+ O d ~ ~ O C00 O O O (~7 ~_ O LC7 CO O N LC7 00 m Q (~7 (~7 (~7 (~7 (07 ~ Ef3 KJ Ef3 KJ Ef3 KJ C N ~ N N . O_ L V • O Q R ~+ ~ to L ~ ~ ~ Q ~ ~ y 0 ~ 0 _ ~ y 0 ~ Y Y ~ o U ~ ~ U ~ a~ ~ U ~, ~ ~ y ~ ~ Q ~ c ~j ~ '-y Q Ur 0 Y J = L 0 w m STANDARD FORM OF AGREEMENT BETWEEN. CITY AND CONTRACTOR THIS AGREEMENT made this day of , 20____, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and RJ HEISENBOTTLE ARCHITECTS, P.A. (hereinafter called CONTRACTOR). WITNESSETH: 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 carefully examined all Contract documents, and will 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 DOCUMENT (S) PAGE NUMBERS Attachment A-Request for Proposals #2008-38 1 - 25 Standard Form of Agreement 6 - 9 Corporate Acknowledgment 10 Certificate 11 Insurance Requirements 12 CONTRACT DOCUMENTS {cont'd) Sample Insurance Form Drug Free Worl< Place Certification Specifications Location Maps (8) Bid Signature Page Statement of No Bid References Attachment B-RJ Heiisenbottle RFP Response Introduction Letter Minimum Qualifications Past Experience Understanding of the Project and Requirements Approach and Implementation Fee Schedule Bid Signature Form References ~ -za 3-4 6 8 10-11 13-14 16 17 18-20 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 Native to Proceed. C4NTRACT4R shall have 6 months to complete the project. 5. This agreement shall be governed by the Paws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: PAGE NUMBERS 13 14 15-21 22 23 24 25 As to City: City of Delray Beach, Florida 100 NW 1st Avenue Delray Beach, Florida 33444 As to CONTRACTOR: RJ Heisenbottle Architects, P.A. 2199 Ponce De Leon Boulevard, Suite 400 Coral Gables, Florida 33134 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, lasses and costs received or sus#ained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY}, recklessness or intentional wrongful miscanduct 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 costs 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 CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and ail suits and actions that may be brought against the CITY for 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 own expense or to provide for such defense, at the CITY'S option, any and all claims or 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 anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges 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. 1 ~ . 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to form: City Attorney WITNESS: {Print or type name and title) Rita Ellis, Mayor CONTRACTOR: BY: (Print or type name and title) (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF COUNTY 01= The foregoing instrument was acknowledged before me this day of 20_, by {name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He1She is (personally known to me} {or has produced identification} and has used hislher identification. (type of identification) as Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped CERTIFICATE (If Corporation} STATE OF FLORIDA } } SS COUNTY OF ) } I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED", that , as President of the corporation, helshe is hereby authorized to execute the Agreement dated , 20 ,between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". 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 , 20 (Secretary} (Seal) ATTACHMENT A /~~ ~-. ~~~~',~ {rte Vic~~~19~ym~r' G4rrr~issi€~r-er ~tlt~tsS~Dr~r ~ f~at~ax v '~~1 ~3~€~ ~~e ~ McD~e ~ P.:E~iopulos ~~~d B: F~trer ~~~li~ "~; ~~n ~~rc~ta~~i,~ ~M~ri~'~n~ 1f~f~ ~l.~V'ts~Av~r~c~e, ~~~[ray`BSS~eae~~~y~i~~~#4l#,. 4 ~ N ~,~i i ~ ,:. d e',~3ir + F1-z~ -°-,". _1 ..2~4 i' ~.:C-t_'-~"I '~:'~:. ` ~~:tu=~~ ~f F~~r L~cai ~~ti~~~r His#4ri~ ~i~~rie~s F'1~E~~HA,~1?i~iG ~FFI~E '~~~ 1~11~'. ~I~ST ~tti11=U~. C~iTLi~~Y BEA~C~i, i+imm~Rii~~ ~~ ~~6`i} ~~13~7't!5'i } i~a~ FA~C {5~~} ~~~-736"6 i~i4P ~JC7. 2t3t38~38 i~~T~;-[I~ay;{~9, ~~0,~ TITLE: i~~q~est far Pri`i~i~sa~s, Ri~se~~r~y ~f ~+~t~r ~arca[ F;egi~t~r HtstQric i3€stricts ~11~!S MUST BE RE+CEi~E13-ON C:~~ ~~~t~~E" Thursday..~une >~5 ~4(~S prtvr tea ~:t?~~'.19~. at:v~h'f~~ ~imr~ aid ~id~-~li:1~~ uk~~~ci~ ap~riied and read. ~ytest )~~r ~?~a~~sals Ttais ~et~r,~gst~Gr: Pro~osat. ~~na~af Gr~ridiliar7s; 1'nstruetior~s to bidders. ~peci~.i ~on~Ritipo}s, ~pcce-;c~ti~its, ~~fd~~da ~rr~1?nr a>~y ~iPrtrt dacurncn~ fcim ~ Qar~t a#'fttiis bicf and by reference arm rn~de ~ ~+art thi2r~p€. PURPt]~~: ]# rs;ih~ puf~iose and inter:t ~f this #~equest far ~'rdposai to sact4r~,~rc~~osal fc~r servic+ss a~ tce~l i~~=eir fpr the City of i~tlray C3e~+rwh, F1~ricia, h~scir~ef#er called the ~Ii~'; Tile ~.ify c+f l~elra~r beach re>a~irirs tk~~ s~CVices aii a greaii~~d ~ansukErnt~ dirrn fb sttCs~ey fGUt (~) tocalt~ desrgn~ted historic: clistrictC iuitti n ~:rmbinact tsatat ~f a~prv}iimately ~t~i) ~~iilctit~gs an~i siruntures le 6he L~;_bt~'t~ t~~iit. t~ass~u #?irk, {~Id ~~rac~l ~grirare, and y~tlect 5~ttlers ftistcr~ic ~listriats Tt~e cyiky intends to t•dt~,iri one ~3J c~trattteC! ~ ~~ ;;~7rrd~i~.#;ifie s>arv~y ~~d ~t'QVtsie i:tie ir7formatior~ ~r~d r3~aferiels described in tt71s q~r?st, lire pr~j~~t st~elt coiritn~ric~ up~ir th'e ~ity`s riutir~ t~ ~a~xaceeil; &~ut no 1~iter tttarl Jaly 'l5. 2U48 ai3ei tie ~~rifitet~ w~lthiri six ~~} rriositt~s of tree ~t~tf' c~utc~. veil ate kater tk~ar, ,lan~r~rp 9,~, 24U5: __ f,4L~b RR[~Pt75ALS:; Atl ~ropass,ls r-raust }ai: receiu~rl irr ttte 4t#iee of ttre Pt~nctrasiri E7~pa~tment, Cat}r k°ta1i, ~~El t~~,i. '1~' th4~enue i~elr~y f~~ch, l~loricla; '~?:i~#9~, rra tet;:~r then 7hr:rr~da ~dr~ ~:2U!}~ >ny _3r[MQpm ~ list: mot' r~spr~nd~. nts tiur16 #~ reccrdecf arsd pesred he tiler f1-~an teri (9l~} c;;~Cer~siar::clays after receept of propmsals; F'Ive >i€) icrrpres +iritt tte r~isred id the i'urdita$rrtt~ ~ilic+s itnUl ttre_f~at'e -attd lire as rridredtec3 above. Prap~safs rvikl bi= b~en~d pul~tlcty ?n ~},y t-l~tt end Ali fairtttr~~ anti ~crAerai fut7Ei~ ark invrt~d and encouragdrf to att~rid. Rli tatds st~aEK b{ si~bt~r}ttec# In sealed env~lop~s, i~~a~i~,~ ,or delivered tq fhs City of ~}c~lr~y Peach, Purctiasinc~ Of~rcu, '€~l4 1~~ ~r~i r~~en~ie,'~eiray ~zach, Flarida 3~#~#4. Outside of enu~lope shai! ~+iainljr_identiiy bid Ery: RPp ~il.it~l8ER~TITI.in; ~1~1{:1 L~A'r1= C?F Bka ~1~~~llN~. !t rs t~~ ~cile iespo~cIti,llt}~ fit t13~ blc3cfer td ensure EfEat his'or her ~?roposak reaches-fhe Purci~asln~ Qf6ce on flr~eiore the dosing date and hoar ~s s#~ovvrr aGa~~e. RETUF~t~ PIU~ t~~ Cf?N1PL14T~ G{3t'tii5 r3F ALL EtD ~H1=~T~. ~r~y feilure an the hard of fhe s~p~il[~ ~o corrrply ~,rrth tfae ensuing `eunditi€s~s ~rtd s#JF7GrffcatlClr~s a11ci1t be re^'s7s[Jn fOr tGrrilrficntrC~rf of contra4t, C3'T'Y"'~ A~GEF~T~t~!'rE: ~r~1~ss c~thc[Y~'tse sk~er~~ie~i herein, ttir3 tirddor'witl allo~r a i~itiirnun~ of six} (~i43~ ~~Y~ ~~~. ,.., thy. Iasi ~i~te far rec'~iva3'ia of tara}~os~3s for ersiepiance by the Cify~AenAC~~r ~r5darat Gity Gorr~ry~€ssic~r€. ,AW~t~C1: The ti'ity rCx$~7VCS #h~ rytit iu tiv~ive tilliic5r +laria#lars try specificat9ns. rrlFarrt7afitids. irr~~~larikie5 and td~:hijicelifies lr~ ~r~y tails; ts~ rejc~t arty grid a1E bids in 1n~rs~rle or in part, ~?itil ar witt~aui cakrse, enrllar 4a ~acept,#ait~s thti# itx its judct~terrt.~titE ~ ~~~ t17~ #7es~t int~Kast aCr fhb Qi1y, as tur~th~r5~ated in Patagra{~h `E~ ~+f f~~neral ~anctiti~orts tsl~i~st~~~. ~C~t~[~I~TIC3'15, 1~"i`U~~`~~.~I, ~Ni~ 1FC~RD~I,ATIQP~ ~±~R Bil~~~3~1~ 7, E.tEI~[~I4~f~ ~#i~f1 ~~~C~tPT ~ ~I~+E~I?C?~A1.a ~. p'~cipQSals, try reserve vo~sidaratiart, r~r~st ~~ efV~d prior t*~ tlil~' Speci#i~d #ire o .,. ,.. ,. Cll3@r1if1C~ ~S d~S1pr]~te~} 31~'tf~~ I11VIt~tlOr'k: Ba UiE'tk~~s ott~Eer^avise specified, ~Idd~rs:~~iUS`f"'co~tplete ~Il ~uestc~ns ~r;d-prig t~l~nks;in:tt~~:: spaces pra+fd~~f in iris ~egrtast Fflr l'rcppsaE. ~eiluri? #c. pie so may.caus~, yt~ur:pr~?pe~~a1 Via. be rej~>~.t~d: Ho~r~~rrer; ~+c~~ rr~a~~ ettac}7 su~++~sl~ri'ier~ta- irkcrrriat3c~n. ~r~is-having arr'~ erasures cr i:arr~ctiens ~1iUS f n~:inlhai~d by di~lder in rkk. Lids shall b SI,gI1~C~ 7f1 in#:: _>~}~~ pFiCt~S~ }rail t]~ typE-L"lrrtt~F7 t7r frlled rrl Vl?t~11 peFl arld ii~iC ~_ ~tl Pro~osal~ !Vi>~ST'be signed vaifh the firm nami~ snd by arr .c~cer or emplo}Pe h~vtr.~: ~e aut~arr~,~ to find the c~rn~any +~r 1•arrri by i~isJYr~r sigraafut~..:. 2', ~UAih1Tl~'iES ~}R U~u~GE: .. VV}~anever a k~kd is sa3ci~ett seeking a~ouree far a?spe~ifisd tirr~etor rrratarials:or sei-~tces ir3 tfte= €~Lr~rltltl~S Ckr l~~~? ~'}30LYrl,,t~1ESt< (~13r~t'~ti~i~~ ~F~ ~Sf~fTl;~~~d C3rlI~+ I~I~ L~LIr'1t~r~t~~' t?r Sh'r~rfca(1t~ I~: given ~r in-~p}i~d by t~+~ Cit'~r ref Dr=lray E3each as #c the-tctal arracunt that rria;r cr may ~o~ k~+e ~ur~ti~sed fs>;~n any ~es~rlting cortt~~rts. '~h~s~ quatrtle~ are fc~t E~idd~rs' irtf~-rrr~~ticn c€~!y grid` us+rEf be US~d fdr tab~rl~~torr ar~ci pres~rrt~itic~naf bid: A;;, Prcposar +rrarr~n#s ~y e+irt?:;ra-~f btr~ir~g that prlcEas, terrrts~, Ana cc~nditiziri~ t#uc~#ed in hfs :>: , Enid ~~rill be firm for acceiatance for a period of srxty ~&Q)-days fr4r~~ #~re date ref +~pening ~rtiefi'~ c~f~ter'rtise staffed by the ~Ctty yr bir#d~r. ;I'~r 'E~t~ces:SYiauldbe S#3#e{~ Erf rJnits Gf t~t]a€1tit~+ sp~ificd irktkle brctdirlq Sp~IfIC7tiGnS. In ease of disareparrcy in cflrriPcting the amount ~f the bill, the r.rFrrt p#cetst dttet~d ~3~~ilf ga'ver~i, _ , ~;:; ~+~rrsid±~r~tior~'in av~+alr+~ing bids fcrzerrn conzrac#s ~sii bec~iven first to brdd[:r crrir~g fii•rrt . prices .~r~bject to rrrarket I~rt~e rertt~~tior~ grid secant tc~ b[tidar affenn t'~rm prices for ~u3[ c+~ntr~et pig acid if :at~r'o,+ tlrt~c: c~atrirt~ the ~~~rlcd cif"#itis cani~act;:#ho t~rtyr zaf k~eray cacti': ~s.~bl>N t4 purct~~,se :tk-~e itor~is anrt~~ir sen+icc~ at prices Tess th;~a"r r~r~r ciantract pFrco. ':the. svG~essfr,ll t~i~3~Iar sF~l! meet.ti3FSe=prices end try tt~e e~rertt of t~ista>Iltaie ~c da so, the C:i~t€; c,~ D~#ray ~3ech Wray: t~egG'~ti~tc (~sr e3 ttc~+~ contrat;t on the-open rr,~rkct ;{~ Ttte Gfty re~Er~+es tl~ right tc pur~ha~e. 9dems ~n state_coFrtract-it;:si~ch iterr~s t..ai~t _, _ - olat~r}~d o1~ tote s~t~~e terms, eoneitro.~.~ s.dificaticr~s ar~c# ir>! zh.~`-.bit rnt~r~5t ~f `t `Ci~~r. ... ~;,; ~ii~d~rs tt~ay ffer a`~sh diso~a~nt Cdr pr'c?rr~pk pay}r-ent t~owevef~ suci~`di;~ccunks vtiil not #~e cor~Ad~er;sci Ire d~te~r~i~~~rtg tl~e Igwest }~e# cast for k~id.e;~aluazrcn purpase~ I't€tders sh4i~id r~f[rvc#;arsy dis~cQUF~ts'f~s be ccrnsider~er~ ir3 tf`ie bib ~~fallta#iorr in ttie ut7et pikes laid.. ~.. D~#~1lltmRY~ t4ft iter€is ~~al€ be ~~iivereti! F 48. de5fsr~;~~ioG~; ~rltf d~sliuery cc~s#s t~~rd c~~rg~s Irroitt~ an the-arid price. i-ai[ure to d~ >~o may he ~•ause f€ir rejection of biei: ~~:. True ti+riil be of the es$~rrc~ for aF3y Orders placed as ~ resin[ €;f ii'ii~ bide, i~trrcha~ur res2rv~S the righ# to dr~ttCel uaali orders, car an~r ~.~i~f thc~r~c~f, w#hc~rtt c~tvyf's~atit~rt i~ delivery ~s not rr~a+~e a~'.t~s #ir€~e(e} s~~cified, ct~ E1icE tflrm: ~E7 i~~, ~pRB ~$ ~asij~rzy ~; F-ils#$ze~'[~isiric~t~: _'S._ k,ify or:R~ir~x~ aea~Fi 5. F3R,~hd~i ~~4M~: If and yvh~never h the ~pectfcataans br~r~d nanic~; rn~k~; riarrie;:af any m~nufact[arer, t_ratie: r~~irric':, or uen:~cr c~tair~g number is rrter5tione~; it is far'the ~ittr~osdi`e# ~stal~l(shinq a,gracfe tir c~ttnlit~~ of n~ateriat onky: Since the Cjt~l~ does -riot ~+risk~ t~ rule aut ether aan~petitian and eq~~l: t~rands ~,r make; t7e phrase ~R EQE}I~t. is added. Ho~euer. €~ a ~radiact o#her ti~~r~ thak` s~:~cifcr9 rs Lrri, "st is the v~ndc~r~s ~espQrisi~(I(t;=:t~ n~m~ srtch prt~duc~:+~ithiri his hid anti tti {;rave .._ to the meaty #hat 5t1ch pred~act is e~{~al to #t~at sp~~ifiad. c~u~r::yr~r: AfJ materials used fir the rnar:~~fzcture or roeastruct(on_~rf any: su€Sp(ie~, r~ateraals; ~r equipment ceu~rad b;~-thtk k~td ;~ti~l~ ~~ ra~~nt. 7h~ rterrt~ b(d rxtdst Fe r?e~~r, tt~~ E~t~St rrt~el~l, oaf th-i~ ~ies# elr~aliry, and hir~h>r~t yrad~ ~+,+~art~it,~~xr~;~hip. '~. ~~41U1t'~t=. fir- '~ '~Cl, ~~;. aarri}~les, ~avhen te~`ksaestCk, n~ii~fi h~ fl~rrtlsh~d free df ~'i;UE3rtSe to fhe City ~t1~ 1f rt+~# used (n testing ~r ~~stroya~#. +,vilk Upon r~qu~stwithrr~ thirty (;3f1}:days aT ~icf award ~~,r~ttlrn~d;~t bidder's exp~r7se , ACEPTa~tCE: the mat~r(al de(iu~red ~~r~cfer this ~r~o~~s~i shai{ rerr]~iit the ~r~pErky ~€ .{~e ~elPer urrEtl a pk~ysicai inspection and actual usege af;this rraat~ria{ anclfc~r s~r',tiee rs rrrade and theraa~t~e a~epted #o __ __ _ - __ the satisf~a~tic~rt ~f t€t$ City anri m~rst ~~trtp{y with tile'i~r~~r~~. t~er~rn, ar~ct be fu3ly in accdrd ~~~fith specifc~t~~i~3s end cif the hi~l~~~t'~uality. {h the ~~ent the at~riai artdlor s~r-vices si~p~lied icy the city is faurid to tre de1`esti~Te ~r awes nQ contorn~ tt~ sp~asficatians, fine ~it}r reserves the rightt~ cannel the carder i~pp+~ ~h~rittert i7+*ttice tc~ the sei{er ar3~# retu~7 product to ~~El~r at ttte:s~'<{~~s >rxpertse ,.. ~El~~1tJLT PF~(}~11~1QW_ Irt case of srtefa~ilt #`~y th,~ bid~l~r ~r eorit~ack~r, tl~~ Cit~r t~f Dory B~acf~ rrra~ prcacure tl~~ article or services Born other sources ar~d hold the Kidder ~r cv~t~'~d>~r t~sp~rnsib{e :For arry mess ~c~ts ~~c~st+~nEd ter ir7curred tkt~r~by; . CC~PRIGliN TS [1R PATEiVT }{kGNTS __ Bidder vti~~tr~nis that there has been nc~ uiafah~sn o~ ~~~,~ri~F#s` or ~p~;~er~C ri~Ftts rn m~nt~f~~tf#riit~;_ producing, ~r sekkir«c~ the aotts'sh~pped ar ordered as a r~~ult rsf thes btct, end seller agrees ta_ ha(~ the ~i~y herrrs3es5 #rarn ark}r ar<a alt tiat3ility„ {oss, car ~xp~ns2 ecoasianed ~y ar~y Such wi4[atic,r~, C~I~f~lwt~IC~CE VVt~t"H S~i='~ f?' ST~~1f3A~~l.~'a: ;?~: A.t[ eq>Laiprrront, rri~iahinety, eteGEricat app{lances, cards end apparatus shall r,~-ta1{ v~ith all ~rr~~risrpns of the Fl~~rici~ Stag Ba#ety ~tand~rtfs... l"a: 1~Vner~ever a told i~ svugYst artd sere=ices: sec~rred fci~: any tyj~e of on-ate construction this 3~~arded bidder shall remove from the ~=ror~ -site at -the end of each ~~sorkina r3a}! a){ rut~taisi~ anc~ vrast~ ~lvbrs resukting tram 11is [~¢~r~tiorls. Thy a~~rard~d taid(£er shat a{so __ __- ~ed~re tf~e wort; sits ~efor~ {e~Wing ak't{~e er~d ref ¢~Gh ~worki~~ day I~~nlu~-~~ru~E~~s ~EI~TI~c~~rc~t Tt7e° City di ~elra~! beach reSefsleS thQ ri~f~k is re>~~eSt.~T..~1n t~i~d~FS separate-rTlanui~r~~~lf~f cs•rtiftc~tion of aII Ctat~metrts made in iho propas~l . ~tt"P ts'o tOG8~38 Re::arvPy t~f f SkStorrC Cgisiracts _ ~ . Gift of Delay Bach 'I 3: "~~. "t ~: ~i~: ~l~M£iD;:B~Q CC~N1~1~~~~: }~;P#.DFF~Rc 'T~i~:~icrrraci prap~sai shall tte cc~rss'iderec~ an offer an°th~ parC~f the;~Icfd~r ar contractor; which af~~r st7a~l k;}~ deertled ~cccpted, upon ~pprc~r~aC by tk~e ~i#y M~rr~ge~ ~rtcli~r ~ityr G~n~rnisshc~n ~'F' the pity of aelra}+ Bach;and In case ~f ci~f~ralt on the iaartaf:#h~•:k~idder•~r cori#rac~or afker se~ci'~ Lc^¢ptar~ce, the Cst~r of Delray t~~acf~ rrraytake st~ci~`:a~tion ~~ tt ~ieerrrs.~p~propri#~ in~i~~in -.. Ie~ai ac.ian fdr ~tamages or speei~c ~~rfr~rr~ariry LlABIL1TY,1~dSL3R~hE~E `! 9t1E~tSt=~ ADD t~~fll°~S: __ ;;A. I~Ef;;f~11TS` ~Ntter~:t~ittd~:"s ~r~ r~quiredte p~rft~rrrr ~,E~rK on<City strut#t~re{s} or properc}+ as'a rosult of t}id sward, the City ~^~iEl waive the cQSt for: perrrtits C~r~tractor stall pay fc~r perrrrrt~ for ~Cl ~th~r vur~rk_ _ , . i_i'v~1~3S~ES; If yon are rsot iicertsed to p~r~c~~ u,~~rrl~ in itte City of l~glray ~e~e~ .you iVitJST of}tairt an ~7~cupatianai Licen~ebefore a ~lr~trc~ Tcs Prc~ceEd ~^rill b~ i~s~ct3 C, 1.f;a81LiT'i°` 1~dSrJl~~,~JCtr~ The iffy prefers the nsura~~p arset boricting c,~rnparnes-hive a. ~~~" f~athre~ no lass thar3 ~-, ~l] or better if y©t~ have shy qu>ustions r~~arditt~ t#~~' Cfty's insuearZCe a~¢Iar Bard re~uirerttettts, pEe~sF contact the pity--'~ ~i~li ~u~~na~eent. fl#fce at ~a~r1) ?43-~~vCr fee:-:~xages i~ ~ ~a f~r-irrsus~receR~quiraments A'~~tTtpie" r~r~fi~,ate.~ii~s l~~en attaci~~tl~ t~~~ti"1C1~T1~i~S: t~ For prrrpos~s of evalt~atit~rt, aid~er mu.~t ln~ica#~ ~~iy u~rianc frarn bur-speci#tttians _. .andfor` cortditians N~ 31~r~`f'TF~ I-iC?1N SI.I~HT~ ifvariai<iorrs are rtot -st~tea in the ~i•~~os~I, it v~+iil be ~s~urr:~ci=..:that- tti~ prad~rct br <~~rvib~ tirhhv iwaniplies t+~fitt7 our sp~iiflcat~ans. arty! ar~is~ior~s of ~f~#ail ~~ecife~td~n;a ~t~t~ct ttereirr t#~at t.Taulct render- thG= rnatarialif~~€~ic$ €rat~'t use as spaci~ad w~Cl not r~iiQ~~e the bi~#~ar frpm resportsibit-tj?s AV'U~#RD C)F G~NTIC~:- The Cih~' cif i~elray 8aach` reoerues"thte i'[ght tU a~oept' arty did or ~:o#rtbrri~~san tit t~id ~It~r'nat8 whl~h, rn the ~ity`~ judgrhent ~+ifl best rv~ th~~ Gitys interest; t~Ject any and X11 8tds to waive any end ~!I irtfoni~aCi#ies ant~ftir irregularities, and to rt~t~o#iate contract terms Wirth tC~e Succ~ssfu bidder, and titre right to disregard Ali €~or~-con#orrr~c~. non-respert~iv~, unl~lanc~d ~r candi#irnal Hrds, The it~r re~~rves the rigi~t #o reiect an, ar ~Ek Bids, car any part of any Brd, ~c~ vr~ive any ~nf~rtrtallt}+ iR airy B~r#~ arrd-to ~>,~~~r~ th~,ptlrchas~ irr tk5~ best interosi 4f the City, ~3;scrapancies in t#~e r~atllti~li~^atic~n of units of tlVonk anal ~rtit prices Dili be ~~solved in ~u~r of t1r~ unit prtc~: i~isc~a~anci~~ >4ety+r~ar7 tl~~ irrdic~tocC ~~a~t ~f ary colutr,n of ~k>~~res ~~d the ;varrect sum t}~i~r~of wdi tie r~lved in f~vnr of the cblr~~ct srrm. __ _ T4?~ES_ ThA Clt,+ dF aelr~gr Baa~h is e;~~rrrpt frc~rn arty dales -tax irr3posed bar, tare Stat€. andic~r i*'er#erai Gafrernr~~er#. Mate Safes Tax ~xorZ~pti4n Cer#ificat~.l~30. ~S-~CIi.2~2~Sa~C-~ ap~~ars cry ~a~ t~urMi»~ or~~r. Fhei~rpti~n e~r~lfieate ~t#~chod. F~Illlt(~~ T!0 ~1~ !c ~di.i do r3at bid, rp~Ufrl "~ta~e~rrrent ~t ~t~ ;3i>;# FQ'rP1'~ artd stag: rer~oii. Gf'honviya, 'rrUt~R ~~~. ~IAY B~ REa!4l~?V~!] ~~[)~ £~t.IRi1~lAl[»{G t15T: , l~`~:.l~x. ~t#~~ rte:;rar~~e~ od'k9lstatEC~€?Istriet:` _ ;t _ Gity;csf Cr~tr~y;~'aci~: `'~~,. EXCJJ'TIt~NSi'O:+CON~1TfOJ~S, 1 THt~1118'~BoilerPla#~ .~;ny t{hie Bid. Speci~cati~T~s differ ftt~rrd t3~e G~r~eral COtl~ltl+~ras, Bid '~~~i~io~tigr~s ~11d S{~~~~a) F'rovikcns ~+iEE ~r+~vai~.. 'RLJ"+I~W~kt~: Tf~e Ct}! i~~nag~r array r~rre~v td7e ~ontr~~#, ~`:~~ ~~rrr~'=terrt~sR,.r~raneJiticns Ord prie~s~,.TVT 1iC7 cons~GUtivn t~rrrr~s~ of Oh!)=_yeartsj st~9}ject to vendor a~cepfa~ce; sat<sfactcr~ p~fforn~~nC~ ~n datarrriina#tan that rene~rr~l ~~~tEE be ik~ th~;st tr~fer~st of th~E Cir ~~~. 1~tklTt-S Q 14LLJ ~l~C~: ~,. Sidcier certifies that fills J~id is, rrrade ~~,ri#h~ut J3CiiJr understand}n~, agi-Bement; or ,. cnnn~c#ian with any corpora#}der, _firm or person submitfin~ a bid for tide S2rr'3e rr1~#eta{S; seruii/es, supplies c?r ec}ui~tr~ent a~~d rs irt.~l! respects fair and without cbE{trsit~r? or fraud. ~, file ~rdrrtlurrls, rRhates ar,.gratt~9ties perrTiitted; either,,+rotl~. prrer to, er after ar~3r,ce#iw~ery c~J mat~riaE ar ~rovis~ori o~,~ervlces. any sicfl w+~clatiflrt rr~y result in r~rttra~t carrceflation _ _ __ return. cif n~ateraals cp' ~{+;~~.~~it}nr~aEiori taf 5~tvic~s Enid the frbssihie Xemnv~l from:.#t~e ver3dor hid list {~;~. ~2: ~>Q[~FL[CT t~F 11~7EF2t~;~7`; ;A,. ~tidc~i~r deriares an~J c~ttifre~ that no officer, errrp~c~~ee ar {~ersar~ ~r}~as~ ~ai~t~~ is payk~~e in wah~Ee nr ~~rt frarxi the City ~f ~~9ray Bach is t-ir~ctly cr indiretJy inures;e~ in this bid .cr in the su~ipti~s, r'r~ter{als, ~gtaa,~ment ar. services to .~rhich {t relates rrr in ar~y portfor, of _. the profits ttidreo~ Qr . B_ Tt-re ~war"~J i$ strb~ect to ~provisidr'is cl: Ste#~ Si~tdtes ar~d Gity ~rdini'nees: A!t ~a~de~s must disclose t~aith ,#heir bid the rr~rr~e cf ar~y t~tficcr, director or agen# z~rho rs alstx aCt ern~iey n~'the pity cf D~}ray Each. ~€arther, att ~icider~ h#u~t disclo it~e r'rart~~ df arry Cityr en~~Eoyee';iNhe owns, ~i4rectly cat' trls#lt'G~tEy, ~r'~ i,r~#~st ~f~ ten p~1~G~r~# {~Jf~j -or more;irt the b~d~#~r'~~t°t~1 ~e any oflt`~ }~r~rricto~s< <`;~3 NteA3N~IS~RIN11~~~11'~f 'T'he ,E3~d+~e~' shalt nt~t discs`jrFri[iiat~ against errtplcyees ar applicants f~~"e~r~ptdyment ~r~~use ~€ r,e, creed. ~oior, re~igian; sec, 3~e, rrar~dicaP~~d sta#usr dts~blllti~S, ~t rtationaJ c~rir~En~ 'T'he I~Er~der' w~rl! endeavor, to er~~ure tl~~t applicants are ~rn~loyed artd that errfipl~ryee~ ire #r~gt rlurir~~ ernplpyrncr~t, w~ritl~t~ut regard to their racy, creed; c~Eor, r'eEigiort, six, age, h~ncr'icaTp~€. ~fiatus; ciisebl~#ies, fir na#ic~r~al origin. trch a~tiorr shall irrClutJe ,b'ut nvt be Urr~r~ed t4 tti?. 'Ir~_Elouyi~ig;' etl~ployrTle~rt, tipgradln~, d~mcrtrnr}; car transfer; recru~trreryt atiuertisir`ic~; layaf# or terrnlrira#ion; rates cf pay ~r e#her Corms of cbrnp~nsa#fon; anc# selection lot-traitrir•g rr~ctutling apprerticeshi~, Thy ti~i~ld~r r~~s to pt~s# in carrsp{ct~~trs pJ~be~, avaEEaJ~Ie::#a emp}oyees_ and a~pli~ar~is lot ampErjimant; rtatEc~es s~ettin forth the pravrsions of Cols n~ncii~crtr~nsnatiort cEau~~, "~I~es~ prc~viSians apply to all s~~or~tractcrrs and it is the respc~n3iby~rty of th~::subcoittra~tr~i-s tB }~e in bQrr~pli~nc~: ~.~-` ~13~~GRIMIhli4"~[01~J: An eCttrty ar dffr[iate y~rho f~s's been: placed on tE;~ disi;r;~iny~#nry ve"E~[for Eis# rr~~y, nc# ~bb>?~it a t~id ;fin a era#raet ita pra~ide ~gisds ~cr eervrs t~ a pi bloc e}~#it}~, may not st~l~rrri# a bid orr ~ cc~r~t~~et v-+fth ~ prapEic eratit~~ far #he`constr';~ctrcr~ ar r~palr of ~ ~trblic bU€Idin~ or p~atlic w~or#~, irray t~e~# . ;sub~t# Ids ~n leases of rya! f~r~p~'~'' ter a puh6ic entitj; rr~ay not av~~ard ~?r perfarrrr ~Frori< as G ~ai~tr~ciar, ;yti~pliet, ~ubcorttrdc:tor, or consulterrt'und~C'.r~#r~,d~.Vi+it}1 ~nV ~ublio ~~ftti#~, end m~Y tlt3t trc~rlS2Gt ~JUS1r1PSS wVit}~ ~tl~+ ptxb}1C enf"tty. `. RFP t~~i, ~.QS~~-3t3 l~~yurley of H~tr;ricT~t~trt,:.ts, ~~t,~ r,,€ C::1r~y ~ctach:. _ _ ,..;~ T,4~~?~~G FQNr~:P~E.43;Ny ,A~REt=N~EN`dT B~~EE~i CITY ~i+3N~ ~~N"JTRACT~N~: 'I`~f~SI31r~°JN~'~ C~~ HI~T~l~1C ~]1~T~1:. THIS AGRN~N~M~N~` m~~e ,tai€s ~ t~~y off: , 2D~,,,~,,,`by artd N~etw~er~ tNae ~GiT~ C~i~ Q~LRA`( B~~A~CH (here~natter caf}ed'+C-'f`f~ arid`, ~h~r~ it`a~#er ~~lNe~ ~E?1~TR~4GTC3~} ~Tl~J~~SN:.TF~: T CITY and tf~s ~C~kTN~r~Tt}~ ixa ~c~~s~d~r~tiax~r of fE~~ r~,tttt~~l. c~v~~~a~Ctt~. her~ir~~~~.r ~~#, f~r~N~; ~gr~e a~ follaws ~: The urt~ersi~rt~d ~t71`~TFtA~TQR h~'f`~l~y r~pr~~en#s #ha# he h~~ .c:~rfiully ~~~r~in~cE aff ~a~traat d~cur~e~ts, ~r#d wi11 ~erf~rt~+ the ~~nfra~t~af requir~r~ier~ts ~u~~ua~t to alb cvvenan#s ancfi ~or~difii6n~. ~_ The C[~~J'~~ACT~R, ~ ~v~d~~~~d t~:t1'1~ ~'~sec~t8or~ of this c~anfir~~t. ~cltrtc~~rl~es ~N~at it Irt~~ e~~n~iir~~ed the physicaN char~ctarstic:~ a~f.th~ fob vertu}F~rr~er~#~ The ~[)N~'R~i~~`+i~ farther acr€a~~l~es t}7~t the_.~}t~ price inciude~ :~~R pasts at~eN expenses required fir the s~tist'a~tar~ ccr~'spfet~on of the cpr~fira~fis r~c~uir~nients ~. Tie ~c~r~~c~# i~~#~~ee the C1T~f a~tefi the ~~]~NT~,AC'~`C~i~ ii=icit~d~ t}~e fc~llowt~ng dc~ rrrents-uvhiN .~~ al~ach~f hereto ~t~d ~ricarpoi'a#~eci herein by ref~~e-~~e;~f the foiEor*g; ~t~NTR~~T ~€~~L!!'~N=CATS'' ir~~rita#ion far l~re~pasal t~r~~ard #=ar a#:Agreeer~, Corarate AcN~~o~riedgfnent ~ert~c~# Nr~s>`r~nc~ Rulremer~f Sar~p}e 1n~ucar~ ~t~rs9 Qrug ~r'e~:111fark N•''N~c;e G~r#ificatior~ (~etaile~ Specificatiarrs l.oc~tian Maps (~ ) ~it~:Sigr-~tufe Pig #~terr~~s~t of N[a did Referer~ae~ RFP C3o 2~?q+a-38 ~"~ucuPV ~~ i-€i tnrer,~is~33 ~'~ P,~-E C~IJAIfiB~F~~; ~-5 6-9 ~ L~ 7 ~ ~,~ fi ~3 CEty:r~F C]egr~jr 8~a~ks: Add~~a n~3rn1?~l"s t~ , ir~~lu~~v~;:al~Cl any mn~iticati~ns, ir~cltt~itt ~~~~nge Ordersj citaly ~leTvered-af'ker exe~ct~ion of tFiis ~groern~nt: 4, `I~e t~rrr~ of this..contract shall:oorr~~ence'on the;d~te ir~clic~t~d on tl~~ i~l~t4~:';to i'rac~ed.. ~.: TI%S ~gr~~m~nt 5ha11 1~~ governed by the lauvs of the 5t~ti ~f Florida as f~satiu.< and J~er~~~>er iri #or Tih~ u~r~~a~ fpr ~~tit~ns arising aut of this. agre~m~nt tali l~e:P~im Beaciit' CourilrY~ Fidi~c~i~ 6 rill notices; rests; dern~nds; and ~oth~r ~v~r~ I~ p~E'sa6~~11'y ~liv~r~d ar rnaiie~l; c~r#ifi~ci Bail, ~e#~rr~ r~~~i~# ret~«~st~rl, to tf'~: f~lEti+fwir~g adclr~esia~s: A~ to ~it~: t/ity ©# U~1ray Beach, FL egg f!IW?1stAu~nkre, i:3~Iray Beach, i"i_ X3444 :~~ t~.CC?t~TRA~CT~t .... ..................... :. Thy Ct~t~T1~,~~~"C?~ ~l~i~ti nvt, witiho~t prig ~rrF~~n ct~n~~;r~t cif t#~e ~~TY, ~ssit any ~~rtirrt~ of its ir~terost undor this contract ~rrdr speci<fi~GaEEy, tl~e C~fI~IT-Rf~GTCjR shall not. a5ic,~n any rrpar~~}is dut,ar tca b~cerrxe due v~tha~tt the prior Sri#ten cansen# of;fhe Gt7~ ;3., ~`h~ CITY' anc3 t~~ Ci~NTRACTOI~ each }rinds l~iims~if, leis pa~n~:rs, ~~accossot~; ass~~n~ and Icg~l repr~~ent~ti~es to the other. party her~~a Erb r±~s~r~ct icy ail; ca~er~an~s __ .. ag~e~r~~ents and olaiigatior~s c~tr~tained ire ~h~ car~tract riocur~~ts-. ~. Ir~;eonscJeration- of terl dallars ~~.i~.E~O} and caxh~r ~r~(u~bl r~nid'eratior~~ tli C~I'+~~CTDR ~ha31 ~lef~nd~ inci~rnnify and sa}=e ~arr~l~ss the CITY, its officer; agents and e~pl~vee~, from ;al' ~n account oaf any l~hilitiir5, dar~racde~, 1as5rs artd ~c~st5 received ~~. s~at;~ir~ed ~y any.-per~c~h or persons by ter irk coraseguerrce of aray n~.gligence (~xcl~~~ling the sflie rteg~gar~c c# tFi~ GITY}, t~ocklessF~ess ar int~i-~tir~r~al ~rtrtgfu~: rs~iscot~tluct of tl•r~` Gt31VT1~~~TC)F: and ~~y ~~xscns ~~~ioyed r~r t~i•ili~ by irfie +~'C~NTI~CTOR ;tn the perf~rf~~ ~#' this f~r~j~ot~ ~Q~~ACTc]~I~ agrees that ne~li~nt~ reciW3ess ~r ~nte~~it~~~l' R~F>{'d?]. ~~~3~~~'r~$~T;7Flt~}c~1f~s'~o[~Gr~,~SfPiCiS -%_ ~w"1~'Fa~~@~~&~'-~F?~1 ~rra~gf~ti r€~iscandiact includes; but is, nod l~r~ite~f tai use ofi any improper n'iaiterials,;.nr I~~k~'tliti~; ~Nar'nages; o~s~s ar c~n~ts Ga~se~d by ~~ ~~ ~~count of t~~ . tine :~f arty irnprap~~ rrta~e»als: ~.C~NTRA~~"t)R agrees :that negligent; reckless or iryten~ional wrongftal misconduct aiso i~s~i~t~~cs ~>`tt is i7ot Etm~tecf tea #fite viaia#ion of arty F~c~eral, State`; ~ourtty or City fags, by-Caws; Urdina€~aes or t-tig~~iatiars by the' CONTf~A~C`I"C)R; his snbcoritr~ctars~ ~~~nts; ~ervarts or ~rr~plc~yee~. C~l~l~R,~TR fa~~th~~ ~gree~ #a def~rZd, inct~mn#~! artc# saves harrr~les~ the CITY' t're-.all scrcl~ cl~firts and fees, grid tram any end al[ ~~arts aid a~~i~rts _~#` every rrarrrne ~r~d ~esa~iptign tE~a#:may t/e bra~rgktt ~g~ir~st ttte ~1`fY en-:account cif ~rry ciairr~s~ ~~~, ~oy~tti~~, sir cysts for and inveritron ar aunt, ~~t€i fr~t~ ~ar~r~r:and ~tl ~><tits and actarts tlt~t m~~:N~*~ ~r~u€~h#. ~gain$t tire; CITY fvr the infringement of arty ~n~f:aq paten#s or ~~tent n~l~ts ~[ai~ied by any -_ Persian, film, ar carparatic~t}; .. ~he;inder"rtt~~c~t€or~ pr~tvid~d ~bave sha#I abii~~te the GC}f~TRA~TI~!l~ #o c~~ferrci ~t rti t~~?n expense ar 1=v pr~uid~:f+or ~[~ch d~ferrse at the CITY'' op#on, and and ail clarm~ or Eiabtfity ~ant:# all suits andect~orts' of eel-sae and t`3escription that,rr~ay he drou~l~t against ttrt" CITY t~htch nay r~s~lt: fr~irrp ##~~ aper'ati~ns end acttvit[es curt-der this- ~arifra~ ~vhefher the ct~nstructiar~ a~rai<ions o p>W rformed ~~r this ~Ol'~Tif;'.Ar,~TC~R, Fiis sc~E~contr~ct`t~r ~r- hY arjyone ~tr~ctly or Frrcfire~tly ems#ayed ~y _either_ fitris il~deur~hiticatieCl #rtc#t~d~.s ANN fists ~t~~# feet irrciur~ng ~~farrsys' fees ~r~tl casts at trial end app~i#ate i~vels_ T#~e CtTY cur#i PaY to the ~t~~l~`RA+C-TOR #Y~~ Sp~Citrtrt ~~r~~iCitvr~tton ct tin dc~i#~rs ar-"; ctt~~r rood er~ci ual~t~}~ie c~rtsideralior~ ~~ specifrc ~i`tr~sideratioi fpr tn~ ir7d~rnrr~~ativn. provided ~~t~irt. ~t~rtt~drn~are; the CC?h1TR~~TC?R ~ckii~wiedc~es tii~# the tail price ieludes. sail ~c~nsid~i'atia#~ for i<tt~ ir~~tet'~nific~tion provisiorE; ~£~>. Tf~is: ~gr~:~:~e[tf:,:shall Eye oansidered nul3 and-uoid unless <~i~ne~ ~Y both. the ~ONTi~ICTC"11~ ~~icl t}~ I~~; ~ 1. T#~e;carrtract d~ilUr~tents canstitute` tl ~e entire ac~r~ernent ~~tti~reerr tl~~ GIT''tf ~ticE: the GQi~TRRCTCIf ~t~~i rr€ay curtly ~e al#er~d; arrrendad car re~l~d lay a duly' ~x~cirit~d vl~itfert` instr~u r~~;w r°t#. E~~I? hlo. 2008-~3: R~3~~~, of tl.ESLfi~[c L1~t~ iG'L~ pity:-of I]~I~yi3ea~h:: :~- >~. t~:1tkFITh~~'10'9tH~~2~U~f ~t~ta p~p~e~ ~t~rta. hay ~xe~.~it~c~ this. Agreerr~ertf tht: ~I~~;~nd ~ea~frst above-uvri~#en ATTIrST: CITY ~F I~E~RA`t''6~1-'~~H, FL~RIE~A. ~~~~~; ~:i~rk Ap~rrt:a~r~t3;~~.tp foi~ai City: ~ttt~i~~~t~y ~Y~ , fi;ita Ellis, M~var __ ~~°~[~€~~~_ CO~~TRI~T~R ~~ (Pri~~~ or ~tatr t~~;rt~{v ~~~ ti~l~.) . ,_ ~P~i~t ~~ t:y,~e name ~~tf ~ttle~ ~SEAt.. :; 3~FF7,[Vn .:;¢~S-3$-Ft~s~rv~yof:F6ist~rvc;t}'1s~lCts ~' :-. ;Eif nt ~ICc't~l' 6~FE. C~]I~P~~~Ti= AC~~+1~P~..~aGIV~i~iT ._ .. . ST~T3= Q~. 'COUNTY the for~g~ir~~ rtstr~a~te~t has. acl~~ovs~l~d~~d before ~~'.~hrs day of (Jff~Ger or gent; iitke oaf o#fioe~ i~f ~g~), r~# ~~t~t~ or ~~aoe ~,f in,ro~{?ffration) co~o~atic~r~, ~,n k~eh~lt of #fie c~rpoe~ti~~t. H~~h~ i~ (~¢r~c~~ak~;~ kr~owrr to rye) {or has proe~~ced id~nfrfcatian) ~~d h~~ used; iaislk~~r: {fy~:e of idenf~ie~#an) ~:ide~~tieaticin' _:. Srgr~tur~ of Pe~~rt T;~ki~g ........................................ . -. , a~~ of ~ckr,a+~rt~~~~r Typed, __ ~'rint~c~ car tam~i ~~~' Ica 21?C}~'~8 R~suruey ~'ri.s~Cr:C ~isricks ~ ~it'~?~f~eftay E~r•~trtt Ci~RTIF~~~IT~. {ff Corp~?ratc~.j' TA~"1= fl ~~CJ~iC3 S ~~~i~ Y £3 ~ FI~F~E~I~ ~~RTI"1'", #~~~t a m~~tin~ ~th~~~~~rd ~# f~iCeetc~rs_~f _ , ~ corpor~ti~n under#~~ laanrs ~fthe State of held ~~ ~ ~ .... , 2G~, the.~oi~e~~ir~c~ t'~~~i~tio~ w~~ _ duly ~aass~d anc~ ~d~pf~cl. "RE~C7~L.1fE1~' ; ttlat , a~. Pt'~sid~r~# cif tl~~ ~c~Cpc~r~#9i~~,, ~aeJstte is tt~~by a~hQrazed to exc€~~ tl~e Agr~~m~n ~lat~~ _. ~. _ ~ ~~^, ~retwesn the Gitu ~f a~lray i~eacl~_ Flarida at-~C# this c~rpar'~~tf~~~, and t}a~t hip ~x~~utii~n th~r~eat,'attasted ray the Secretary of the ~rporatior~ ~r~d ~r~it~};cc~['pat'~t~ seal ~fFtxed, shaft be zhe ~ff€eial acf;a~~d d ~f this ~~~por~t~on".. t~~tt~er e~rtify that s~i~ resoEutit~~ is r~r~w ir~?f~ll td~d~ anr~t effer?~. __ tN 'Vl~f~~~~ ~NH~~t=~3~, f }~~v~ f~er~~rito set my haCid ~hc~ affi~~d.~#~e ~z.~i~iat .. ~Secr~t~ry} dal} F~~f' Na 2>241~-3~t F.c+~un~e~ ~f f~isiori~ L1i~tli~i5~ - I I - ~Ety ~E €~elray G~eat,h ll~l~1~1~.iVE RE~}I`J1Ri`lYli`!~I"><~a A; ~1=i;'tdEFZAL Ll~trrr~ the t~rrsl of the contract v~ith the airy, the ~©ntrac~tar sl~al# ~Srocure grid mai~tait7 irtsi:trance-of the t'lPas aid t~ the lit3~its specified its ~-aarac~raphs (7~ to (A-) inclusi~r~:. E~elti~;r~t. _. .~~ >=xc~pt as ~t1~~~r~se stated, tf~ a~i~~~t~ ;~ns~ "~p~s of rrrs~ratice -~~If.c~rifs~rm, ter the f~llc~.~ir~~ i~it7isT~r,trn r~c3t~irerrtents: 1: V~I~rlcer's ~carnpensst'r~r~ - beverage to apE~iY for alI ernploy~es for ltd#~#ary limits ire oorr~piiance +.~rith fihe al~Alic~~rle ~t~te arrd 1=ederal Laws. In dditicn; the palmy rt~ltst inciude ~rt~ployer's L~abl€ty ~,nrsth a Eimit of 1Qt'},C~E~O eech :accident: ~o..r.~prehe~n~~v_~,: Gerseral Liabiiit~,~ - coverage must be affardad ort ~ faun :too Mare res#~~ictive than ttie~ latcsfi ~ditian of-fine ~~mpr~lensive ~rfaral I~.i~~ilfty Pelioy fi~c~ by tl`~i~ I~surance.~errvie~s C~ffc~ and.-must i;~~luci~_ ~~ €`~,ilirimurr~ iimits crf ~31'I~,OQU per cccr,trr~race ct~rnbined siesl~ ]tint for 13r~c~ily Ihjt~r~ L~ak~ili#y et~d F?roperty barrtac~e Lial~iiity. , #~} Prerr~ises andJ~r C9pera#ian~; ~} lh~iep~rtdent Carstractc~rs. i~} I?rc~~k~~cts arzctJor Ct~r~~plefed ~per~itarrs: ~l f~c~ ~xcl~asior~ far Underr~ro~nd~ ~~plosion ~r ~d~lap ~~ar~~, __ ~. BEtsi;ness:A~to E~erli~~~ -.~over~ge musf be affcrcBed on a €orrn na rnQre restrietiu~` #han the latest editi~ra df tFte l~usir~e~~ A~tta l'nli~~+ flied by the )t~s~rrarcce Service:. ~~ae and ~r~r~t Irtcl~de_ a~ 1rlElrilrl'lllf~l LiE711tS t7~ ~~Cll~,£~Qp ~}8~ ~~~~I'~~'.CIC~ Gi767"117ir'1~C>1 $Ingle I[C!'tlt fRr ~orfiiiy 1r+jur~ t_ialiility and Pt-i1~s?rty bamae Lial~ilt~r. _. b~ O~rned ~ehicie~. '~~ Hired and Nora-Qstvr~~d Vehicles. i`#) Ernplo~rerl~on~~~rrrersl~ip, ~ ~er#ificate c+f ln~?~r~hce ~ Certificates ,~1 all insurance evidencirr the: insurance 'covarac~e s~~c~fi+d in the precious lnsurarwc~ Adtt~rirristr~tor prior to cesrrFt~enc~ment ~rf wvrk_ Thy cegured certi#ica#es of lnsttr~rtce slhall not enly ,,._~... name the fiu~es c~# p~~lcles prc~vii~ad, b~r# shalt also re#er speclfl~cally_tc~ this Il~i~ an+d sect;itotr and the abr~ye ~arac~raphs ir3 accc+r~lan~c~ ~€iiEt;'~rftich such .,..M._,-..~......~. _ .,d~. ~nssi~rance is being _furnishedt ari~i ~h~tll state -fihat s~zscFr ~risurartce is trr~l~cEsy the City ,`t# ©e1raY Beach ~s' ~rdr#ltiotaa~I `insured. #f the ini#+al ir3sdrar~ce expsres prior t~o t}~e c~rnpl~ti~n of the uuorl~, .renewal certit`i~at~~ ~h~kl h~ furrt~sFi~d thirty (~~} tfiays:-prior to thsr date rr€ ex~iratit~n:_ Also, under thF ~aneella#ir~n section of the lri~ura~c~ 'tiert4fica#ivr~ the ~~ertls ~er~deavar toR` grid "hut failure to frail sricii rtot~ca sf~alt irrrps~se r~o sabli~atian er fi~t~iiity ~rf any kind'.. upon tie crampa~y; tts agsrrts a>? r~pre5entati~e" shaiC tom. crs~ssect out .a~ indicated c~~ the att~iellecl "Sample o~i lrrst~rar~ ~artsi:rcate". ,ZEN ~~," 2Rt3#~~$ ~e Ur~y of"~ist~tic"€~is~i.c~s" CEI~ oFr~eJC~y beech. _- - ~"r "Sarr~{ale ~f l~r~uran~ce_ ~~rti~c~t~'~. y~ '-. .... r A" " . `: ~; ~ .. _. . - _. ' ' ' ~~~ #~FF~t ~ L 15.3 P717a~ ~IIfA0f1'1 ~1 IP T'!!E . z .. ~'}.. _ -.... __.._._ ~ _ Ra .,~... _ % ..~ _ __.. ~-: -. ~ -' --'- ~. .:- - ~... ~'74~Is~Rf ~ tom.. ~~s ...~ l~i~P6 ~+ - .. ~ ~ ~ x~~ eox CYlYt~t1C #~ ,~~~ 7tif901~6 3EJ7~+~7gCL„~A~IEl F ~iA.- ~7"~ fl(' ~ P'EQli.ff TF°f ~~.~ - '4~I8.# 7}109~~`AI,IU~ . .:~. y sJ.~ir 14~OATL~ - L L1AlSiIf}' .. ,~ ~1~3 ~ . ~7 .,. .. ttAl * ':. ~ 3fl'~ ~ ~ . Li'f. ; - ~ ~ei1R1Y ~ - ,Itllf ~~rL1Fl9R$~ ~ ~~~~~ _ ~_~~3~u(a3 ~a ye a r - ~ r .._ - nfp ~ ~ _ i[k~l. ~ ~11T ~ ~` telYr~l~i#~il , ~k4`t13~r, ~_ 417th _ __ P~ii#N t7F A1 _ ,. ~ ,,, ,,., t y, :.. . _ ... .fie. e~~ ~L~7 bra J~ +~~i ., ~-R7n V+e ~~ O3SiIIia 74 3CLi 7R ~-1Y A t,~~.~. .fir- ~.; . ., i .. ~. #1~Yl~t3~'l'tttS,~~.~~ ~' Via pA'Y ' t l' ' ~ IYYH~#L~#[~~C~~7H:: . 14 41kl f ~! ~i~.~[HI~P _- „ . . _* F~rP:~to_ Zga~•~8 #~~SSiJtVt~~~ +~f FI+3;~~kc C~~yrru s ~ z _ City`p#{?~fray'Be~ck~ l3RU t=Rir€'l~l~'RI~CFfr;~~~ C~RTt~1CATlt)tV` Cf id~nti~ai-tie E~id~ ei~t, pref~r~~ce:~rlll°Ea~'iven to tfie veri~#ors who submit a crlrtif€eatio~ i~tta ib~ir bid/pro~o~~! cerfif~tin~ #~+ey h~+~~e .a dru~Tfree worit~laee in accordance;, witfl Seti€~rfi ~87:~~7, FNorid~ tatt~~s . Thy"•drug~-free ~roricplac~ preference is applied as f~iibrx~. ~1:7~1V~`l~~#L ~'l~ ~tC~~: N~refrer~ce sir~ll be liven t~ -businesses kvith d~a~=free workplace prvgreri-~s 1111hene~rer t~va or mare bids ~~icl~ ere e~{u~! with respect to price, €l~~ality, end service are received icy the ~#ate of try and ~cE~#ica! sui~~#Nvls~or~ for the procurement of cern~~ocfities ar contracfuaf services a 1`,ici rec~iu~d firorr~ a business that er#if~e~ that it bas im~ien~ented a t#i~x~=free want{~laee fi~-c~gr~r#~ sl~~ll be liven p~'i~f~re~ce Fn the 2~+,vard prose: ~stal~lished prt~cedUres for processing tie bt:ds will. lae t°olia~red if n~rt~ of #t~~ tied ver~dcrs i~~~v a drug frees ~n~oritpla~e,pro~rarr~, ~s the person au'thor~zed. to: sign this. st~t~rr~er}#; E certify that this ~~m carr~piies fu!!y i~rith tho f~iNpv,~ing re~c~irerner~ts ., . .................... 13 Thin fm~ p~tbl~~fies ai ~tate€~-tent natifyirig_ernpltyees that tr~`~ url~~~i rs~anrr~ai~ture; distriN3u#iori, tfrsp~nssr~~, ,possession. or use cif a controlEed subs#~nce is }~rol~ibited ire tFte ~,rot}~j~[ace arEd specif~rinc~ tl~e acti+crl~ ti~a# +nYill de t~l~en c~~inst emplcsye~:5 for vtal~#~t~t~s . a~ ;;~~ct~ prcl~i~~iticira }. Tf~.firn~_informs ~errt~ioyees_aix~ut the ~angers~f..~f~r,.aN~use in tFre vuo~t~rl~c~~ t ~t~in~s=~ policy cf r~air~taininc~ a drub-free wor}~pl~ce,. any avatiai~lo drug: counseling; rsNtaNsilitati~rf, and errtplo~~e' assistance; pre~grams, at~d the penalties tF~a# i~ay be :~n~~d upon epleryes fr~r:~lrug muse vit~latior~i~. ~>~is firm fives each erriplr~ye eng~~ed in prdviding the corr~€rtoc~it{es or cc~~tractunl se~i~s tt~atr are under bid a ~oPY afi-the statement specked in Stibsti~ar~ ('l~. __ ?~ !i~ the statt?rrrer~t:~peoified i subsection {~), tY~is: ~ nafifies tine emp€oyees #Ntat; as a car~~tition of vvaricirtg o't~re odrnr~occfi#~es sir contractual services fh~t` are ender bid, t#~e ernpla~~ee uvtEl abide ~y the t~rrns of #l~~:.statement and will abides .Nay the terms of #fi~e st~tet~~et~# -ancl wiEl nvti tt~e ernplvyer oaf any c~t~'victioln of, ~r plea of uiity oo' rtola conferadere tv; ar~Y a%olation of chapter s93 or ~f any car~trotfod sut~sta~ace law of tt~ tlFiited ;:~tat~s or any state ficr a violation assorting iii the ~1wt~r#cplace no Ia$er thin ~vd {5} stays after suer cc~rkviction. ~~ This firm imposes a sanction ors ar re~t~rreS: the ~atisfaotr~ry participatr~n in a drug aN~use ass~~tanc~ ar re}aahilltat{er~ ~a~~~c~ra~ if s~~ch is auailab~~ in the erllplcyee's cc~mr€~rrn'r#y by ~nY employes v,1N~o is so ca~vict~t~, TNi f~rn7 v~ili continue to make a ~oo~t f~itN~ ~ffs~rt to rf`rain~~s~ ~ t~~~-1"~ woFl~pl~Ce ,..... . ~th~r~~~ ir~~rCemerrtatiatt of #hls s~citdt~ ~'cr~it'~~t~tc'br'~ Na'~i< -- - F~Fp;ti1~. ~Q~~-391~~~u~u~yof.l-li$tarlG~7%tfks,, ~i~ FFP' 1~9~. 2~J~~3=: . i~~.~~CT1'~~: The ~iiy ~f D~Ira~ ~eael~ seeks to cortit~,~~t ~+~ith ~ qu~6p~t# piar~tltng.con~t~C#ant or fearre wFieh 'p4ssess~~ ~ c~e~cnstra~le level of hist;o~ie presei"~+atior~ experience to res~trve~r the Del-l~ia> ..perk, Naaul Pai!Ic. old Schaal SE{uare, end Wept ethers H~st~rio E~ast~~~~s; by ~rs~aririg~ .his#orc~! o~rer~iew of e~ich }~ist~ric di'stric#; in ~pdrt fora, prcririci!~ng rFCCrrrtmend~tiatts about eaGfi ~rstrict. completing Flc~rid~ ~~#~~#er Site file farms, maps, and phr~#ngraphs fer eae4 contributing and tfdrt-contributing ~uildirta~ ~Ctd1©r strtict~r.~ c~~~r t]-~~rty~fiV.e ~?5~ ~~~r~. each irk ~al~er ~rrct i~t~l fc~rrnts 2: gAG) r~~L~[+itt? 'TF~e ~it~ zaf C~elra ~cach ~dopt~rf ~ ~listol-itr Pre~serva#3an C}ed#nance in '181 and became a 1~=lorida Certfi•ted Local ~overris~e~iw in 19&8, A ~evet~ men~b~r Hi~tar~o Presatvaan ~c~~rr1 appaintec! by tl~e t~ity ~~mmissien ~For~~s fhe dt-ties rr~a~~datec~ lay #!#e or~tin~nce. each of the sub~~ct hist~r?~ districts is Urtic~ue in and of itself, anck rrRa~r ~e descrit~ias fQll~vrs Lie#-1da park t~i~#~ri~ ~s~rjct tine ~t T.~elrar~'s frrst plarti~eei carnrr~utiitiesi I~el--l~da:Park cansist~>:ci~ a 'l4 block area containing ~8 acres ~~ fhe northeast, secticii~ of the Cit~~..'t`he de141dai Panic plat ~v~s recorded iii 123 at~d cr~t~irrot:3 ~E~~ buildirt~ lals and, pE~blie parks. Thy Niedlt~rraneat~ R~:vivaC style was popular in Del~lrl~ ~'arl~ from 19~~ to ~~3fl. Placed an tine focal Register of F-list~ric Places in 198$, Del Ida p'arl~ r~r~inaliy ~os~tained appreximately 151.stt'udtures~'4l cf u,~Mich were eontribt~~i€~g ~t illai tir~~_ The f~eriod of Significance. s.par~t~ed #t~ro~~h ~94~ and included arct~it~cturaE s#~1es.s~,ch as lvi~:diterr~nean Reviv~f, tutiss~ia~~, ar~tl ~it~i~€al Traditi~hal. The non-~ontrib~ting' structures prirrtrtiy cc~t~sist of s#r~rt~tres built in tine late 'k~4~s and -tbs. `rho histari~alfy srrtatl-sole end l~re~ic~rriir+arttiy one~~tr~ry rieighb~~oc~d, is feeling pt'essur~ for ieeger develr~prrterit. eat prt~pertEes cdntain~rig l~t3tfi ccntr'ibutitx~ and non~cc~ritribrtting structures.: ~las;zau park: Hi~fc~ric a~strjct Designated in 'i~~t3, the ~assact Park:f-listorlo ~7tstrfet was :created in rosporzse to tt~e rterrrolitior~ of A l~istorscally si~rtiftcant structure at the enrner ol" Nassau Street and Ocean Boultvvard Sii~. =#l~e desigr~atinn, there harre been no dcamolitiorts artcf €~nly rM~inor a~fdi#ior~s ar~dlor ait~:ration~ t~ the street tined vrith contr~~uting strractores. l~~ssat.~ Park vt~as #hie city's first planned residei•ttiaf develc~prr~erst stisuth of Atlantic Avenue: and i~ tl~~~.~nly designated leis#t~ric district east of tt,e ilntrac~astal 1at~rway. Mile development ~rarn~riiy dates from ~93~ t~...?J~-t, the currenf; "period of Si~niftcartcce' spans #hro~gh=~ 943 ~t~l ~cha~i S~uar~ Nistaric i~istri~t ,. 'Caropi~ssed a~f approxirr~ately fiffeen blacks surr~unt:ling: the city's ~~ograpl'~ic center, the ~31d _Scl~oot Square Historic District ~nras ~ri~inai(y cprr}prised cf #t]1 ~el~tribui~rtg artd 7~ nvp- :contributing structures u{~cn its cles~g~tattcn in 19813, The Period ~f Sigr~iiicance=spans frarr~ ~9t}El thr~Qt~gt~ ~~~~ and.. prrt~arily consbsfs rxf u~n~ac~tlar, ~~~clitert'at~ean Re~+i~+a#, lVirssion; -l~flir~trnai Tradit~onai, anal ~eafisrnan l~un~aiarnr styles. Nc~lewortCrky feattares iricltade the Sandy ~!-tau5~, restd~r~ctN of l~elray's fiE'st f~ayar. QEcI ~hoel Sgrtars ~lis#ed can the C~l~tiortal Register of -Cistc~ric !?laces} artc~ addltonai harncsteacls of tine a~ea'~ e~~3ies~.settlers_ The;zornng: a11ow~ for txtixed-use ~ivhich pi-crr~otes at~d _enco+~rages the ~daptiue reuso cif the: historic structures. Cold "~ch~€~1 Srluare HiatQric district was resurve~e~l in ~QQ~; h~weverr the "Period cf Signi~canceu vas t~st~i ex~aandecf` tc~ include later resr~.urces ,end there has since baen a ~ig~~c~rit amount of ~~dovels~~rn~t~t to t~-e area:. as +~oil ~~ €~~. ~aat~-; s fi~~~~ ~., rti:;t~Tt~ a:,~; ~€~y ~€'~~~r~~ a~ta n#_o taE~l~lC~1Tf:QNS ~1V~~t ~efit[ers Histt~rid i~"r~t~ict f:~ssi~natei~ i~ 4997, Infest Sett1er~ l~}istoric:District is C7efray Beach's only h,k~torically A#~-ca~- An~erican ~vmt'{~unity t~ be recagnize~i as a historic cis#ric#. At the tErrie of its d~sigr~ataar~; the-. di~tric# cor~sist~d of ?;3 cost#rtbuting artd ~0 nan-cantrfbu#ing ~#ructures. Thy l'eri~d S~igrzificanee spans 1 ~Of~-194i Arid-recog~ii~es vernacular, miss3or~ reuivaf, and.:bunr~alow styles: of architecture. ~'he vernacular E~uiidirrgs are char~iateristic of tE-i~ cans#ruct,art to the early years flf tl-tic city's ~,trican-Atr~erican corrtmunity. 8n fec~r~t years, same of #l~e c©nt~3~+t_rtirlg prt~perties have #~eer~ lift vaunt and #aflen tc~ d~malitirrt fey r~egleef:.The residents, ho:v~ver, are inVc~lVer3. ~~rith tl~o V1le5t ~ettlet- ,~dvi~ory ~vaP+d ~~vhic~t `is run. by the Delray ~~~cE~ ~ot~rni~r~ity Red~velapr~~et~t Agency {~CRA;I. Tta~ ~E~A provides loan and grant assistari~e to those: properties deemed ct~r~tr}bPatirig to the histaric c~Pstoct in order t:o provide arf inceritiue #cr their: t~tait~tet~~,nce atjd upko~~a. Th~,pred~ominar~tfy rasicir~ntiei ~eigh~rhaod is ~c~mplifrtent~cl by the:. corr~t~~eP-c€al uses ~lnt~g ~if'a~f ~~r' ~v~nue~, tinrsh rr~~s ~istar{ally consEr~~r~~i the ~rr~ain s#rtL for the cc~r~'tmunity. 3. ~~~'ft~t t)E ~I1fQRK .ill of th>:: el~rr~ents of the st~rvoy wilt -per~om'~e[i Eby tfi~e cor~suitf_er~t, 4v.~th c~niraot mat~~g~~ri~nf' by the 1'Eat~riing & ~,anirig bepartme~t: _. The fi~lla~rit7g sc~~re cat' sersfic:~s is preser~tEy anticipa#ed btrt may ~naified, iriereased, ~r~ clecc`~esecl: ups~n contract: negvtiat[vr~s Analyze each histat~c district f~ def~rmin~ <~xis#erace of additi~~aE "Periads of dig ft ifteance' <~, Cr~a#e ~Iorida Master dike Files fior any~rflpertY that his t~aiued "e~ritt~ik~utiryg4 stags frr~:r-~ tl~e origit•Pal desig~atian report i~ndlat:that is alder tlxan fi~~t}f flue ~3~} yl~ar~; ~. ~pr~at$ existing Flt~rida Mast+~r ~~ite Fies,'arGd, <~i. 1'ro+~icle era ctpd2tcd rYaap and prap~rty fist fdr each histv~ic dl~t~ict __ ~.I~igCl oarn~}Ie#tart ~f ~aph t~IStCICt 5Ur1fe~', t~l~ Gc~nsultant' r~rill;be, f'Ea~10t"t5{k3fe fflr prflV[~i~'1~ tile: fc~,ll~ivui n~ - ., '~ . ~ 17?4t?~f7~~/ prCeS~'i r~pat~ SUCrt3t"l~rl~it"tg the 'St~tL15 ()t the prq~a~t 2inC~ .V~IC~r~= ~GGarr3pl~5l~ed, 2. ~ draft afthe st~ey i=~port aveilat~ie far rvi~:~nr end c~r~t~m~rt# by P~~rtrtirPg and ~artirtg staff prior to cor~menc~n~ent of anc~#t~er di'~trict: ar€d; 3. ~ Arta! paper arP;ri digital draft of a s>arv~y :report and Master ;~it~a fife ~'arn~s ready fc~r° fatwardin to tt~te t"lon~a Division of l-lfstarical R~sc~urc~s which includes the faJfca~~v+r~p• .~» T~~ ~~t7~ ca}or cflpies ref the cot~?tp3eted st~ruey ~'eport, irictud~~g: + Title >~age irtdic;~ting the name cif the protact, the ~a~~ raf:tl~a authar arty tip, dates of the report_ Ark ac~novuladgments'page: citing: the SpirCeS v# #unding ar#d oth~P- sigriif~ear~t. r~S5a5ic`1.Ir3~~'-, ~ 1~tS'~lc~l~~er, arPd Title Ul statement: d A~'.iP~trodd~ti!or~ des~rfk~lrig :the. origin and aEajectives c~F the ~rdiec#= ~F~~Atc 2v7[3~-3S:Ftitki+~'y cat hPi;~tC+tic: C3islgi~ts a ~~ -. G~ty 4~l~elt'8y':~.~a>~1 s5p~G1F~G}~7'~t~N • A,n i~istQt~~l ~~~i-+~i~w of Relay Be~~h ir~cfuding identifica3;lori of irtdtvielu~ts:.ar~c# ~rgariizatior~s that' played sign#fiCartt tales in the d~v~#ripr7'ient;c~f tk~e C;ty and ',~itl~~n ~a~h SUr'J~~~c~ h[Staric rJi~t3~,Ct. 4 A brief avervier~ afi the Local ~e~ister sty#us f€~r etch sur~re~!.e~ #~~~tv~ic .~i~trict and the prdces~ of ~eriif#~a#~~ of ~pPr~~~a~t~~~ss r~vi~w: +- ~ ~~~cr~ptiart ~~ #h~ surV~3~ ho~rtdaries `fvr each survey~~~' Ftistoric tlifrict irtcl~elirtg district maps ~'hi~ section shaul~l also irtd#cate the haelc~rvund far'ti1 stabiis~tm~r~t of each sr~ru~y~s~ historic district anrt arty Natiori~! Regist~i• ~tSt1r1CJS ~'rtC017~~~IfiS~d Wt~l~lrt tl~~ ~IStr3~t Arta ~1~~iyS~S Qf the pot@kl~t~~ i'~atfor'!al R~~ister st~~~as of each I~istart~ district rrtust a#sa be i~tciuded. Sur~rcy infarmaficsn p~rtainirt~ to each cor~tributinr~ and non-car~~f~butirtg huife#ing andlor st~uct~,r~ constructec# -:aver f#~rty-five- ~~~) Years ago ~t1cfi t~5{r3tiin ~~tJh urv~yed ttistor[e ~#istric~ irtc#udirtg iC~rr~sps~rtclin its i"iEe ~arr~s back~t f~seareh, ~ap~, and phvt~ograpf~s in paper ahd diets! ftan~at~. o ~ #ast art` I~iL~tiographicaources ~rrd other a~pr~tprta~e:'<~u~pt~m~ntai rri~tr~a.~:_ ;UE~ori,;.enmpletian df the ~E~tir~ praj~ct the canna#t~€rt viii#I lase respc~n~i~le #~r providing tlii ; #a11o~r~n~° ~. ~ draft of`~I~:e ~E~tire ~r~~Y r~pa~t ~v~~l~l~le fc~t r-r~uw and dcrirt~ment by ~i`~rirtirtg ~nct ~©rrirt~ staff no latter tl-~ar~ ~~~'tber ~ , ~~J~~r arrct~ ?. A fina# p~Per artd digital draf# bf a sii~~ey t~part ready #c~r f~r~~ardir3g tv fh~ i-1~~id;: l~ivisan t~f i--lisfaric~i Ra~ouroa~ which ina#r~d~s the fallo+~ir~g~ «- Teri {'~{#} cc#ar ~cpies of the damp#eted s~i~ley report indludirtg: ~- Title pace ind~c~t~rt~ the name of t#~e prt~ject, the Warne caf the ~L~thar, and tho Mate ~~ tl~e r~p4rf •~ An ~tlcnc~~l~c#~riiertts pago Biting tote saurcasvf,~r~i~i~ ~rt~ i~ther'sic~nifi~artt assistance, a disclaimer, art+~ title V# stater~rtertt~_ ~n #rttroductior~ ~lescrihirt tE'te ~iigin abd al_t~~cti~res-t~fi #h~; ~~rcje~ctw Pin hilt©rica# c~~ervie~ of Qelray~ 13e~c#7 inciucling identificatic~rt-ofi irtdiiriduals ar~t~ orga~i~.atia~~ that played si~nifiicant roles ~n the ~Jsuelr~prt'ter~t of the t;'tty. A k~r'i~f au~rvi~vt at tYte Local Reist~r s#at~is far e~~tt i~istori~ ciisfri~f ~r~~1 '~F~ ~raaess ref ~ertifiic~te t~f P~ppra~riatsne$s rer~#~; ~ desecil~i'ic~n of the srtrvey ~c~ur~r~aries fir a~~~t ~rtr~eyed hisforic district; ~ina~uding tine baal~grounci for tfiia e~tab#ishrrterat of ~acFt st~rv~y+rd historic d~stri>1t ~n~t anY ~~ti~n~l t~r~gi~ter El~tinq~ ~rtC~rritaassod ~~i{~ir~ the diri. ~-tFF7 ho; 2Ga$-~$=1~tk~Y~~c G~ i-j;sti~€~C [71str~ES, ~iky Ctf ~al~~}' ~e~w.h: ~Ft ~it=fCA~'tt3iNS ~%gr~y ir~fo~~afion per#ar~th~ to ~aefi c~r~fribu#~ng-'and~ni~n c~r~tril3utn~ b~i%lirt~. andlor si€riscture cchs#rt~cted over thirty~~v~{3~~ years agc~_ m }~ list of hibfi~yraphi~ 6~ur~~s sad otter apprc~lariate s~pplemerit~l materiai; f~lease mote that digital fc~rrnats have riot hen ~pec~fr~d,-~nci gray tae ftrrkher c#isce~ssed up~ri _. r~ue~t t?y moth the proposer ar~ctfor' the :arty. 'TYte .contracted sor~rices-as sn~cifier~ ~~SVV~: ~~aii t~e~pitr upon notice to-pr~a~~~ct ~r~m the ~rty+ and cor~tinrr~ ~ diligently until fr:r±~~hed, Thy. schedule as propo~d at the trrr~ ;of r;or~#r~ct ':~.cecu#icn is as fic~llow~ . Start bath: U~vra oxeoutian of contract (Na La~~r th„ari .1~,xly ~;, ~kt~i~) Monthly status=l~~epdrf 1"~ ~f etch r»onth Draft P,epcrt° Docernber `1, 2Ct~~ f=inal purvey Repork January l at 2flD In no ~verrt sE~ali the #inal product he d~liver;~~f_ to the Gkty l~f~r tft~ri .Jariuar+~ ~~ 2~~"~ t~r~l~~s a d~actlir~i~ ext~i~si~rrr i~ granted by the City. ~f the final pr©d~ct is not cielr+~rwr~i~. on trrze, final }~ayrnent shad be inrithhelc~ icy fhe pity. F~ayr~~~nt to the cc~sultar~#:~hall f~~ made ~s f~ttow 15°~v Upon invoice, folla~,ving compl~t~~r~ of the -fret district suru+?y. 1 ~~'/a t~~ar~ invoice, fc~llc~ing ~ornplet~~n ~rf the se~cnd ciistr~dt s~r~~:y'. ~t3~Io- tJ{~ort itivt~it:c, #ollpwirrg cornplctic~n of the lt~iti~ct district sur+~ey.: '' ~~°f~ Upon ir~vai~, f~tleu~irrg cerxrptetic~n cif tie fo~~th district suruey: _._ ~'I.-~ U,p~n,ir~veics, r~eiiuery a~ i=inal ~~firvoy!`l~ep~rt fir entire project _.~. - _- 1 []~~/Q _ =~ `~TII~}Y .~FtI~A The study ~r~ea erteornp~~s~s it~e exist+nt~ t~vundarics of the four (4~ st~l7fect` histt~r7c districts: see i~t#aehect rr-~apsj. The=ctjcsen cansuitant may reeemm~rrd sight rrtic+cli~cafii~ns to f~ounoary charrcJ~s if ~u~rrarrtet# erther d+ue #v.~l~r~ioiiticrr signfECar~t impa~t~ cif irt~ppr~}~r~e dev~lc~pent ar adciitiphal i7istaric e.icdniticanco vr~ Chu ir~ge of a os~~r~~sry ~. PROPC~fSAL R~~1f~REMElVT This tioct~r~i~~t is ieitendecl to be us~t! as tt~e'ii7st~r~rner~t fo trariifr~lt prapQsals'~rrd to define tt~e terrr-rs,;~or~drtic~n$ and specifications desired by the pity to rec~i~e pra~c~sals for resurueyirtg ~f 'the fcur (~l j rac~teti Ir:rcaily designated historic districts:: It rs the rntent of tine ~~ty to select c~ne;firrr~ =ka sufi~~y thr? services rre~cessary #or successful e~mpietiorr of the project defined hrereir~: f~iothrr~cd in this ftl=P'rs rnterrd~d #u restrict tt~e pity ire any gray in:-the selectic~rE t~f tt~~ prapcsal that Best rne~#~ ti-re neeeis of the pity. `the pity reserues the right to reject any Qr a11'subrnitta{s _~n~ to negotiate changes fn proposals ar hest and #inai eff~rs_ `pF~ t~pr; `~~~~.~$ tt~s~e~ ~3~ of r~i~ror~c bisirt~ts - 1 S - Ctty ai ~e1r3s~ ~~;~cYE' SI~~~3~t~,~1~IQ MINI~11lff Q~;l~#~iiF~~,~Tl~)f+~` ;+~s patt cif the RFC prods; tfir~e (3~~:tFrres~,~l~ e~u~lif~#i4n st~nd~rd~ l~a~{e br~::e~t~~l3sEier~. r~lE ;~rtrpos~rs are r~cf~~~r~d tp meet, these standards in order to receive ~urti~er eotlsideratirrn of their prnposals. f~'r~rpc~sees are ~rc€~tarag~ecf to forme. appropriate:. „tearrES" in €~rc~er to ass~ri~bl~ the ~e~uisit~ expoR•tis~ ~t~d exp~rien~e tcs rree# #h~se thrPsf~c~ld: quafifi~atiar~ standards, ~rvhich incf«de the folEQauinr~~ 1, Irvidence of tf~e ~u.aiitacations f~r• ail_~rirt~ary nieE>~l~ars 4f i#s t~ar~, Tf~~ cc~r~sultant-~rtd eactr 1i~efrtt~ef t~f its tea€n fn~tsk have a~ ie~s# five (a} y~eirs cif protes~iar~af experience: within tfie respective disciplines df architr;ctui'~ arad_ ~lannfng. At iiwast two (~) rxrernf~~rs.. of #}~~ i~arr} must Dave ~trtalrFieatirans ~nct specii'i~ pro#~ssi~,na! experience in k~ist~rr preser~f~t~on; rneetir~g tf~~ National mark 5ei~ri Pfefssional ~~.Eaiific~ata~~ Sfandar~s fc~ hlistoric €~feservatir~n; ~. >~efrl~ns$f~~~ d Icu~l of his#orlc preserr~aticr~ ~X,~~'CI~fEGe ~CkC~ ~Xpertis~ En St3utl~ l"ft~rit~aii ~tevefeprnentai an~i arci~ii~ctural' iris#csr~; and; .3^ t~ernonstrat~ oarr~~te~rcrn of at .leapt lvsrr~ ~~} s~fr~riaf st~.tr~ie~, end resukts abt~~ned ~f#~r Gtlrrlpl~tlorr: 7. #~~~~C~~AL GRI~'~t~lA: Propc~~er si-r~l1 subrt one ~~ } ori~inaf and ffve ~~~ copies ~~ a efear, car~cise fdrrnat, c~rr ~ '~12R'x 't 1" eaPer_ f-act~ set shall con#an all tt~e fnfarfr~atian-required ~er+rin tv tae ct~nsidef~;d fir ain~;~r~fi. Omis~iora of re~quirrwd data may tae cause for disquakificaticrr~. Ar3y other fntr~~rnetian` thouc~3~t t be relevant but net appi}~afale i<o the set~tiaris net~d below st~orald }ae provided as ~~t app~ndi:~ t~+ ~f7e proppsel, P~opo~a,ls rr~ut f~ ~rrrperly sicineo irs lick E~y the oe~rner~larii~aEpal havin~_ the 3C1t1~C7r~ty ~C3 ~tmd the fl~Tl tQ this a~~et~t_ Prapoaals shaEl submit the fc~llvi+v~ng in~c~rrxration as rte~cr~kied_t~ #esections floj~; ~e~t+an 1 - Ir+tratltactior~ l-~ettr `l"o eonsis# of a-letter `irEtro~lracing;-the r~rr~suftar#t ir~e[udir~~ t€~e corparate r~er~~ {r appficable~; address :and teBephOr~e Wombat ref= prir}cipel c~fi'r~e~ number oaf gears rrt=~ I~uSlilcsS end size of staff; Irdit~ #de prarnafy contact faerson respor~s-ble fir the pr~t~ject; St~fe the prop~sef s ~r~s~fer~rad~ng of tf~~ ~~rvic~s tc~ b~ provided; end rf~~ke OsrttV~ Cc~rTirrlltfrl~nt t~? p ~~ perfoerri and ~~~plato t~r~ tasl€. ;~ Section 2:... ~rtinirnrarrT, ~~ralific~itiens Plest;ribe iCl cletai! yc,t~r cprnpliailce ~+t#fi th~iw=rimuf~r ~,~rali~caf€ans limited at~ve: ~~. ~ectk.c~n 3 - Past f=x~erenci~; Nate tota,l_nur~~lr of sl~ilar-pr~r~jects pfe~;tc~usE~;:~t~t~pE~d s~rccess#~.rEE~ on scl~edut •~t~cl within bu~f~~#. _ _ _.. , .... -:.:, provide ~' rt~inirr,urn oaf three {} references fr~r whicF~ yo~~ _p~c~vid~d .sirf~il~r ~eriiee~` ~~ tfle past eve years, f~e~i?rences mus# include at e rnit~imur-n• rtamo o~'com~any, ~vtt~i - _ con#acf p~r~an, address, tele~l~ane number, nrr~ err~eiE. Reter~nce~ sf~afk inckude the ~~r~~rel d~scrig~tion t~fi tf~e project, ~e prr~je~t r~~t~e~, anc~ whetl~~r d~~dfine~ ere.r~~ei: RFP fd~: ~~fd3-3~ 3~'F3s~ev,~y of Htst~r~G.~i~t~cts ~:t} of 13Pfr~~~ F;e~~,h ,. _ ]- ._ :~~~ct~tc~`rir~~s E~~it~rs of ~omrner3d~tivras:vr t~ecammer~da~o~:rr~ay tie inctudec~ in this •seei=ion. ~;~ ~~cti~n 4 - Uncferstar~d~ng of the ~?ro}ect and t~e+~E~im~ents [~escr~k~e °~n under~tarrd~ng of -the project ceo~ireiner~ts, an~r uri`rr~i~e ~i~aracterist~c associ~t~d wit11 the p~c~je~t: end r7ata any factors +riev~ecJ as a con~~rr~ ti`t~t may ~eett tc die ad~tcessed. •,~ octiart a ~ ~p~roa~~t a~ici Implerrientati~i bescfit~~ hew the project wiil can~r~~ence, in~ci'rzdiing initial ~roced~ires and calte~tierr of data ar i3tudi~s: lnclr~ele ~ o~script+ort af'tl~e prapos~~f seruie~ ar~d ~drtress the fallo~rin~ ite~~s. ;, cu~rall ~p~ra~ah ar~rt m~tttods ti.~ r•e~riew ar~~ ev~l~.iate L?etl~ c~rttrib~tih~ and no~~ntrib~i~h~ str~cttrras with each hi~tur~c ~#strlcf; _ ~ ~v~rali approach an~# k~~#htacls to re~icw end ~v~luate the ~ectue'ated S~ap~ of ervi~, _ c~ ~xp~ct~~ inv~l~rert'r~nt of pity ~t~tf;. :~ Frrm's currenf war3s 1ea~l ar~+~ hair the ~rvject ~~riiF t~~ included t~tttz~,ut ~f~ect~ig rioted d~adliries • ca ~lethaclolagy intended to irnpl~er~'rerlt anc~ aecorr~plish the project; Pr~pc~sed teem metl~i'~erS it~clUd'ittg ddr`ectar; project rrkai~ager, and oti~er lt~/ ~tnff ~s~igr~~i to the pra~ect. *~ _Gtr~n=:i3 - fee S~t~e~dule. ~~ciude a detailed fee ~~e~~Re for ' alf anttcip~t~ servi~ necessary' for the car~~pietion of the project grid its ~ssaciated ret~uiren~er~fs. ~: #~E.f~'w7IC~t•1 {]1~ ~IGZC~AL.IFI~~4TlON E?F P~~R~S~t'~~ Tie ~ityf tray re~~ct ar clisctu~lify a ~ropas~l urrdeC any ~sfi the fi~ttatvtr~g circrr~slE~rre~s 'E . The prapeser fails tQ ~~krrawlede roaeipt of any ~o anal addends, ~. Thy prapas~r rr}isstate~ ar cortceais-;any rh~tet`ial fait Tn tk~e prap~sal„ 3. ~'he prapal does nctstr-ictly-:conform i~ ~pplicai~le lnvs+s ar any re~}ure~~~ent cf this RFP: The propasa! leas rant been. ex~c~at~d {si~ned~ b} the piropaser through or bar an ~uthcri~~d c~fifi~e~ ur r~pre~erttative ~fitF~e.~ro}~o~ir ar proposer team; 5 T{~~ }~r~pas~l eras ~t~~ su~n~itted ~efor tine c#~~~ d~t~ end time as stated. cn tl~e ~CtV~rtlS~ri'3@rit; >~ The City resei~res tl~e ~gi~t to reject ali ~ro~as~ls an~#lc~r re-advcrtis~ aik or arry pert of f~is ~1=P v+~hen it is tfeerr~eef ire t~~ best rtat~rest'of the City: ~~P'r~fcs ~#F8 ~8 sutvey of Hi°ta~ii~ Gi tii~s ~tl - Gird gi ~~1~y B~acla 5f?EtFiG~T#C]:i~t~ Pro~asei ~17~k1 ~iabn~it one ~~} ari~ir-t~l ~nc~ five 5~ corr~plete copies of each proposal ~~ tire. P~~rchasina NE~n~gLr iac~fed at 1~~ NL~1~ ~=•t f`~v~~t~; Delray ~iea~h, ~lo>:ida ~3~44, rta late~th~n ~•~(l pr73 are, Thursda~< ~~~y ~?~J, 2~0~. any RFP r~c~iv~d affer t}~e ~esign~ted c~asrrag #in~e, ?nrt~etr~er }~~ mail ar ct~erv~?i~e; ~~;iiE ~n retdrn~d ~napen~d. The i~~~e ~f receipt shall fie -eleterr~~ittee] kay the p~r~h~sin~ receiving cia~k }acatad its the Enenoe t~fi~a 111 ~~~'s shall #~e sut~rrrit~ed ufi#Y~ are as•ag}~~1 anti five {~}:edpies fry s~~lad ~ruakape~lp~ck~c~e ~cir~r~ssee3 to the. P~archasin~ Manager a# C~~lray each, Flari~ka~ end rn~rEtcc# "S~~'~L~C Pf~(~F?fJAE_ FOR RESUI~Ii~Y O~ ~~tJ~ HITO~21C a1~7F~lCTS .... l~~F~ ~~fl~i~-3~3" The pity ~-~s~rves the right #Q acee~t or reject ~n~r ~nr# all, proposals rind to iuarve ~rzy techncafti~s cr irr~g~alarlt4es ttrereir~; The i#y fi~~rtlrter r•dser~le:~ #9~e ric~9~t'to a~u~r~f the aarifr'act to tl~e prapa~ai that lest compGe~ ~+rith the spe~ifioati~arfis ~~nc# is k~~st advan#~go~us tt~ the ~ity,'as d~ferrrrined #~y the pity, i~ its sale discr~tr~r~. ~~I."tALI}ATl~hi At+;>i:7 A~t{+i~+~:~:. _. !J{~~~ receipt ar~ck ev~kua#4n of all rec~iu~i a'r~d elc,~b1e prapesals, the pity dill rr~~lte a selection of tk~~ ap~a'-~:nt ~~t~~d ~rrr7 "i'tt~ s~I~atEar~ ~iil b~ ~a~~d are the €#y's det~m~rin~~ion ~` #e mast edv~r~tagevus prasai rr-eetinc~;a}I the rr~ed~ of the ~i#y. Ohre tty vuill select prt~posal~ de~nrte~l rrto~t gran}ifi~d f~ase~i ~n tine su~~itt~] ci°it~r€~ `fie era}~aa#i~rr7 aamrni~ee vuikl rank th~~e pr•~pos~} v~fhic}~ arm ~eer~ed €~~c~st qu~lifie~t; as tfe#er~~ir~ed:by ~ifiy Staff. Ail r€ecisiar~s of the-~i~y ire ;`ir~ak_ _ lac#ars the: pity r~# l~~frayr ~3~~ictt will ws~ `~r~ ev~fuati~i~ the ~rr~pa~~! tr~cl~de. ~~#:vaili nit e lE~itd 1~; 'r-~J1kLL1~T~~?N ~RITEkt[A ~__ ~'Q~I~TS --- -:._ _. . . 1k~ility of tEie ~irrn tc~ pravt~ie t}fie iae ~rtc# quality ~?f seruices base-d tin reie~r~nt e~cperiece and refer~~ces of c~rr~h•t ar~d forrr~er clients, ~0 B. ~u~lifi~~tit~t~~ ~rrd ~vaikak~il}#y t~f tha specific ' ittdiut~i~~l~ k~rha v~ill pra~jde th service; _2~i - - - _. . k~nawled~~ ~f ~t~,t~> :~t~d federak rer~uir~~~ehts far k=lca~l~i~ Master ~e i-ii ~orr~slh}~tt~n~ str~cfu~~s:s~arv~ys: E3. ~e struct~r~. ~it}~a>.~gf~ t~a~ ~h~ c~aminant fa~tt~r, t3~e fey strt~eture ~neiiE t'i~v~ whin Ali dttt~r ev~luati~n criteria a Blase:: 'I ~~~ iYy~ ,:~~~$~~$ ~r^uLtll"@~ 4i €'r{St+~~]C ~ii$lf:3G{'$:: ~~ .~~.1.-~. 'ti3~~`:.~i,~~`CIF~f)~:~.~3~C~1:~ L t3 ,t'~:'~ ~~1 I1,~" ;_,~, ~. N:A~~~~i. P.'~R ~~D ~~'~l~f?~, y~i~}.~.~ ~ii'~C~(y ~,~.~TS ~I~'TIC'F ~ ~}5~~~~1 }'rr'I? NR~. 2R~&-38 ~~~u~l~i pt;-f~S~OCiG ~k19inCtS ?~:- Gi~y O!L?t:E.^c~y F3c3r_t7 .. -- ~ ~ r~,~ ~. ~ s ~~ .. t r s .~.~. _~ ~'T~~ _f ~~ ,~~ ~~ ,4 ~ _f' i ~ n J _~ ?, . ; ti ~ _ ~ ~' f ~ ~~ ., , ..... 4~ -_vY ~ ~ ~ ..L - } hT - _ ti _ ~ -- q ~ ~ `-~ _ ~ S^ _ ++ yy q ~' ~~ ~ a ~; ~ u m _ ~_ ~ ~ ~ m ---' _ Fri L.lx ~ ri.E ~~~ ~ ~ v ,~ ~ y - _. - ~~k~r~~VFV ~~ .lieu.>~is:.:~ ~ ~ ____ ,~ :. EYN~tG i~' ,trtnG ;X1~A71'.17Q{#( _ 1L'S {vf i:s~:..ILti' F't:~.. t, y . ~ ,'~- _ -tea, ~ s ~ ~~~} s~ ti r ~;~,w~?':` ! hex . : ~. ~ ~' - ~u-x ~... ~, -. ` rv~- ~~~ ,.x ~ r n ~ .~~o. r - -- :~~_ _.~ . -~ 4 _ ~~~ __ ~-~r~~ - 7 -~ ~- ~ - .. }_~--- ~~ [~~~ f f _....~ _ ~ ~ il~4ti. n_ ,...., ~. . ~ ~~, _, ~~ ~~ ~. {~~~ r~ ~ ti ~'IE3i ~~~ --- pC t S7At,Hfjlls ~kt3. f k~~ - j s S ~~ I+l~ }~ ~CIIT}d ~1 y •„~--- P~10U~ - •- i } ~ f f ,_~ ~ _ ~ ~~ .~ ~~ G f ~r J ~ 9 f ff ,,. }l~ .sax.1 .1 _- CC. .. ..~ + F--... . gya f(fl ~~}I}i y _ 111 ._ • _._,_: , IJI Y`E N U E °--z r - .p ~ a "` = ~ ~` - _ - v_ ~ ~. s... n L- ~ ~ ~ ~- i ~J, i--' j_' , -r ' - } ~~~~ { ; .... of i ~} srre ~+ ~, ~~ ~s - - 11~ _ ~_ r _ .~. _ _ - .~- pV l~ E~E~E ~. ~ ~r r f 4 d ~ `~. .~~ ~ ~r, ~'~~T.I~SY-'1 4 t{~J ~ ;~,~'1'~il,Afei IkALnl:l~r] I.J.'.~ ~p, f~ '{j~_ i1f::.l gd;';J.•A'fkf7Y .n i rSf CF HA'C 65th^; il, - ¢itTMtA3 t ~Y~LMO. 0(P Nt1y~IT ~ . vaP R11~: O :. 1. ~L. 'r; _.~ .~~ ~**~'~E~;.E AF'FJ~C Si~NAT~RE V~{HERE 1NDNGATN~#~ ~FA1Lt1RE fiC~ ~t~ fl 5~=1AL~ E C}1U~E ~C)~ ~EJE+CT~~~! ~~ YOUR ~'R~P~SA~:~ OFF'.#°~~8~~ ~perr~rag L~~te: ~,F~URSt~~#Y, ~~-J,it~ 05, ~~ ~=~ TITLE:`, #~''iE~'dRY CJ~,KIT~,~~G +~,~57'RI~T ~~t~i-P'ANYl~Ir1~'` ~A 7"~: Jc~~~tF~llL,E {~;~_ _ _~. ~~~I L AC313RE ........................... . ~~-~~~r~~~- F?FP ~c+. 2UQ~=~~ f~e~eirtre~ of ? Ei~ttSrtc bi~l.n wtr ;R ~~. _ C iky sif Deit~e3;~~each`, RFR # 2'(~E183~ €~L~J~~Y` ~J,~' ~'t1~7'C?RI:C.~31~I~tt'~'~ L€~'+~~ arc naf bid[1~~~ c~jt tEtts s~r~~cel~en~tndit~`s ~l~seconteplcfi~~ anti! re~tYrar~ t]~~s fnrrn tas ~.at~' ~f 17etra~• Sea+~1~ Y`~a:E-:s~in~ [?~.~rce, ~#~0 ~' 1~~:A~enue, ~eli•a;~ Iiirstch, ~'Ca 3~~#,~#~ qtr fax to ,,: .. .. F~ilr~re tQ r~spa>z~l rrta~^ r+us~I# in dek~~i[~~t ofd^~rrctt~r`~ natrte ~rcatri the qual~e~ ~d~~p~:It~t fib t.h' ,:.: ~'i€~^ of T}e1r;~y F3~>ach. R~in~ri~_ ~]r.~~t~d Bztsr~e~s: ;. [~pc.~..if~) _"N`e, tl~; ~ari~c:ts~~:n~.d ~t~~~..~~l~~et~ [~ i~i~ viii ~~~uk~ l~i~ ta~~ 1~FA #~€?€~~-.i8 .. ~4~• 1'.:~~t7es Ft~r i~r~pn~~ toy i:~u~~c:~ al i~;iv:ci~, Dis~i~.ici~... Sp~:i~kcatiorkst~o `~i4'tlt'_ i:~. ~ttr ~ii~r~u~#<~ch~r~x~I~; ~a,cs«Icl got ~ennit geared tcr~~~~rd ~r~i~td ur t~~a~iu~"act~r~r rte icy }~c-rfiyrr are[} (explatt~ bel,~a~'}; Utt~ibte rr~ tt~ccF ~~rfc~ttcs~i; Irt~tsffic~ttt tTn7e to respoii_ :. . tcf the ~n~°its~tc}n t~~ ~i~3 Unable try tt-t~~t ~~ta~ i~€tir~i~renis ~~'~ ~~. riot a~'~'~r t~tzs ~rad~~ nr at3 e~l~iirale3}t i~~~ ~~~~~tG~ ~#r~~ ,, ..:;. . ~FEIV~~QF ~f~~~~~ ptfcittt~l7S 1tt~c.lcart`ex~l:~m ~e~c~~4') FtiF~? t~1u: ~~3U88 t2e~irr4~~^ ni N;S~ns~r t7k~f~cts F `?:~ ;, Gity rif Qe~say f~scFt C3M F'A N Y .~f~~11 E ADOR~SS~; ~ QTY; T~T~: Zff~ GC~a~.:. "G~~i~~~T F'EE~~(~I'~1? PH~f~IF i~J~3~1~~ ~¢e~~~~~+a~+~~~1~~~~e~4~~~~.~~~~~~~~a~~#~.e~~o~+*~•~~-~4~I~~~dr~at~~a.~.a~*~~~f~t~##oi ~~{~IE~~NY NA~+1L. ADaft~~~~ ~fyi'~'. __ Tt~TE: ~1P ~Ot~E' CQf~TACT p~~i~4N: ~Mt~~1E i~1~N1BER •~~~~t~~+~~~w~~t~oa~~~-~~a~.~~r~~~e~~~r~-o~~a~-~~~~~r#*~aa~r~~4+~a~4e~~~e~-~~oa C~~v1P~~N'~ i~i~tiilli~: ~,tR~~~; A~aRESS ~~~nitfe~]~]~:: ~+''~Ti7R I*i ~~~IE- ~R~i~ No ~~~1~t=~~ ~~~urs,zy ~~ N4s~arf~I?i~fricts': C;ity.~. del-~:~ ~~a~. 5':. ATTAC$MENT $ CITY OF DELRAY BEACH REQUEST FOR PROPOSALS #ZDDS-38 RESURVEY OF FOUR LOCAL REGISTER HIS'T'ORIC I3ISTRICTS Prepared by: ., R.J. HEISENBOTTLE ARCHITECTS, P.A. 219 PONCE DE LEON BOULEVARD SUITE 400 CORAL GABLES, FLORIDA 33134 June ~, 2D08 sECT~oN ~ INTRODUCT~oN LETTER INTR4DUC~`IQN LETTER dune 5, 2008 Purchasing Manager r~ Office of the Purchasing Department P°'~ City Hall DE LP°N ~°~~'^R° 100 N.W. First Avenue ~ '°° Delra FL 33444 Beach , y , pus ~.a€iea~ m~ ~~;6~" Dear Purchasing Manager: ~.~~ HE~SEI~fBOTTLE we are pleased to submit this proposal to prepare a Resurvey of Fvur ~ R c r~ ~ r E c r s Local Register Historic Districts within the City of Delray Beach. Following is our firm's contact information: RJ. Heisenbattle Architects, P.A. 2199 Ponce de Leon Boulevard, Suite X00 Coral Gables Florida, 33 i34 305-446-7799 305-446-9275 FAX R7HA has been in business 21 years and is recognized as one of the leaders in historic restoratiaz~ in the State of Florida, having received numerous awards over the years from local, state and national historic . preservation organizations for outstanding work in the field. Our firm has a professional staff of 12, plus the compamy President and one clerical position. lVlr. Ivan Rodriguez, our firm's Director of 1-listoric Preservation Services will be the contact person and Principal-in-Charge on this project. Mr. Rodriguez is amply qualified to conduct this resurvey work, having led the Miami-Dade County historic preservation program for thirty years, including the preparation of a countywide historic sites survey, conducted between 1977 and 19$0 which identified and evaluated over 50{l0 sites of potential historic and archeological significance. The findings of this survey were published in 1951, as a book entitled From ~Yilderness to 'www.r~ha.net A Professional Assogdtbn AA00075~3 Metropolis-The History and Architecture of Dade County (I825-I9~40) which IVir. Rodriguez co-authored. We are confident that his expertise in the field will ensure the highest possible quality in the resurvey of the four historic areas identified for this project. Mr. Rodriguez' contact information will be as follows: Telephone: 3~5-446-7799 Ext. 31 E-mail: irodriguezCrjha.net 1t is our understanding that the City of Delray Beach is seeking a qualified consultant to resurvey the previously designated Del-lda Park, Nassau Park, Old School Square, and West Settlers Historic Districts. The resurvey is to include all contribututg buildings and structures thirty five years or older within the respective districts' boundaries. At the culmination of the project we will deliver the following end products for all four areas: 1. Submittal of completed, updated and new local survey forms and Florida Master Site File forms, including all pertiuent map and photographic documentation. 2. Recommendations for new and/or revised local and National ,Register of Historic PIaces district and/or individual designations. 3. Final Resurvey Reports, indentifying overview of the different azeas' historic and architectural development, including individuals and organizations that played significant roles in the community, description and justification of survey areas' boundaries, analysis and status of current Local Register districts and potential for National Registex listing. . Mr. Rodriguez's time will be almost exclusively dedicated to work on this project for its entire duration. Given his significant experience in this field, . . we know that we can deliver the highest quality product within the allotted time. We look forward to working with the City of Delray Beach an the resurvey of these four historic districts. Sincerely, ~ t ~2ichard y. Heis bottle, FAIA President SECTION 2 IVIIlViM[T11~I oU~rFi~ATTONS MIlYIlVICTM OiTALIFICATIONS R.J. Heisenbottle Architects, P.A., was established in 1987, as an architecture, planning and interior design. firm specializing in restoration of historic buildings for govez~amental, educational, cultural arts, corporate, and private clients. Since the firm's inception, it has successfully completed the region's most prestigious preservation projects including Miami's Freedom Tower, Old Miami Beach -City Hall, Pan American. AirwayslMxa~ni City Hall, Gusman Center for the Performing Arts, Athens Theater in Deland, Lyric Theater in Miami's Overtown and the Colony Theater in Miami Beach, among others. The firm has received many awards for its work including recognition from The National Trust for Historic Preservation, The Florida Trust for Historic Preservatior£, The Dade Heritage Trust, and the Florida Association of the American Institute of Architects. Currently the firm is working on the restoration of Curtiss Mansion, the Miami home of pioneer aviator and inventor Glenn H. Curtiss, and of Villa Serena, the former home of three times Presidential candidate and famous orator William Jennings Bzyan. The firm's President, Richard J, Heisenbattle, FAIA, has more than 28 years of experience in the preservation and restoration of historic buildings. He received a Bachelox of Science franc New York Institute of Technology and a Bachelor of Architecture from the University of Miami. Mr. ~Ieisenbottle is a registered architect in the states of Florida, New York, Alabama Pennsylvania and Virginia. With the addition last year of Ivan Rodriguez to the staff, R3HA has acquired a new line of expertise, specializing in survey, registration, cultural resource assessments and tax incentives certification projects. Mr. Rodriguez received a Bachelor of Design and a Master of Architecture with specialization in Architectural History and Historic Preservation from the University of Florida. He led the Miami-Dade County historic preservation program since its inception in 1977. In that capacity he was responsible for the preparation of a countywide historic sites survey which identified aver 500a sites of historic, architectuural and archeological significance. Based on the survey findings he co-authored From ~lderrtess to Metro~olxs, a publication that traced the historical and architectural development of Miami Dade County. He also oo-authored and administered the Miami-Dade County Historic Preservation Ordinance, serving as Staff Director to the Miami-Dade County Historic Preservation Board. Mr. Rodriguez has also done a considerable number of consultant projects, many of which will be outlined under Section 3: SECTIQN 3 PAST E~PE~IENCE PAST EXPERIENCE As previously stated, Mr. Rodriguez was brought into the RJHA firm for his expertise in projects similar in nature to the one specitfied in this Request far Proposals. Following is a list of projects within the Survey and Registration areas in which Mr. Rodriguez has participated in the course of his professional career: r Directed the Miami-Dade County Historic Sites Survey (1977- 1981) which identified over 5000 sites of historical, architectural and archeological significance. Florida 1Vlaster Site Files were prepared for all properties identified as significant. • Conducted a preliminary Dade County Historic Survey (1972) for the Florida Secretary of State's Office, which identified 200 sites potentially eligible for National Register of Historic Places. • Conducted an Architectural 'W'indshield Survey of the Florida Treys in 1988 for the Archeological and Historical Conservancy, which identified 11.2 sites of historic and architectural S1gn~CanC9. • Participated in the Miami Shares Historic Sites Survey and in the National Register Multiple Resource nomination of 25 residences, successfully listed in 1989. • Authored the Lee County Historic Preservation Ordinance in 1988 which was nnanirnously approved by the Lee County Commission. * Prepared National Register nomination for the South River Drive Historic District in 1Vliami, which was listed iua 1987. • Prepared National Register nomination far Miami Senior High School, which was listed in 1989. ~..-, • Prepared Cultural Resource Assessment in October 2007 of Port ` Everglades in Braward County for potential develapm,ent impact of proposed People Mover system an U.S. Customs House. All of the consultant projects referenced above were delivered on time and within budget. Attached is a list of individuals who may be contacted as reference for the projects outlined above. Far some of the projects there is no current contact information available. Letters of recommendation are also attached as reference far some of the projects. SECTION 4 UNDERSTANDING OF THE PROJECT A~TD REQUIREN.~ENTS UNDERSTANDING OF THE PRO,~ECT AND REQUIREMENTS It is our understanding that the project consists of resurveying four areas in Delray Beach previously surveyed and listed on the Local Register of Historic Places as historic districts between 1988 and 1997. As part of the scope of work we will look at properties that have reached the 35 year old threshold since the original designation and may therefore be now considered as "contributing" structures. In order to build a case for consideration of these structures as contributing in spite of their more recent period of constzuetion, it will be necessary to expand the "Period of Significance" considered for designation to include the Recent Past or Mid-Century Modern architectural context. To that effect we will develop a Recent Past context in the historical and architectural development of Delray Beach. Florida Master Site Files will be prepared for all structures that qualify as contributing based on this newly developed Period of Significance and updated maps and property lists for each historic district will be prepared. We will also look at structures which may have been demolished or drastically altered since originally listed within the district boundaries. Based on visual reconnaissance of the four districts during a recent visit to Delray Beach, it is apparent that all four areas are under various degrees . of development pressure. The Del-Ida Park Historic District retains its residential character for the most gait and appears fairly stable and in good condition in spite of its location relative to the downtown area. The Nassau Park Historic District appears to be under very serious development pressure due to its prominent location in close proximity to the beach and to the high volume of new construction just to the north and south of its designation boundaries. The Oid School Square Historic District contains some of the most historically significant structures iin the community, including the eponymous Old School Square. By virtue of its prominent location along Swinton Avenue on both sides of Atlantic Avenue, it is in one of the most desirable areas for development. Although Zoning does allow for the adaptive reuse of these historic properties, the pressure to replace the older structures with new, larger ones is certainly present in this district. The West Settlers Historic District, the most recently designated area, clearly shows the detrimental impact of new development within the boundaries of this traditionally African American . community. From this brief analysis of the four areas to be studied, it is clear that there is a need and urgency to bring the existing survey data up to date. This ~- ~, new information will be a valuable~planning tool for local government and the cornrnunity in general to utilize in any future efforts to preserve its historical resources before they succumb to developments Delray Beach is fortunate to have so many of these resources still standing in such close proximity to the center of the city and we applaud the City's foresight iu conducting this study while there is still time. SECTION 5 APPROACH AND PVIPLEMENTATION APPROACH AND IMPLEMENTATION The approach and method©logy being proposed for this project is somewhat unique in that in some ways it is equivalent to conducting four historic sites surveys simultaneously. Much of the initial data gathering and research can. be done for all four areas together. The project will then break down into individual windshield surveys, research, phvtvgraphy, mapping, Florida Master Site File form preparation, and report writing for each of the four historic district areas..A detailed list of tasks involved in the project's im~plexiaentation follows: • Collect and review existing data on original historic sites surveys of each distxict, available at Planing and Zoning Department. • Collect and review existing Laval Register Historic District files. + Conduct preliminary research and gather historical maps and photographs of alI survey areas. • Conduct historical research to establish historic and architectural context of Mid-Century Modern. period to extend Period of Significance for all areas. • Conduct windshield survey of each of the four historic districts to update files on demolished ~ and severely altered ~ sites and to add structures 35 years or older previously identified as' non- contributing due to their age. Prepare updated maps and photographic documentation of each of the surveyed areas indicating additions and deletions from original designations. • Conduct historical research of original Building Department records, Sanborn Insurance maps, library files, Certificate of Appropriateness applications for previously designated. sites, historic photographic documentation and any other available ~SOUrC~4, • Prepare survey forms for contributing sites thirty five years or older previously not included in each of the survey areas. • Prepare Florida Master Site File forms for all contributing sites thirty five years or older previously not included in each of the survey areas. • Prepare Draft Survey Report for each of the historic districts, for review by the Planning and Zozting Department stafF and by the Florida Division of Historical Resources. • Prepare Final Survey Report as specified in the project requirements. Staff from the Delray Seach Plazm:ing and Zoning Department will play a signuficant role in the data gathering phase. Staff will facilitate pertinent available information such as historic district files, historic and current maps and photographs and any other historical documents that may assist in the early phases of the project. Likewise, it is expected that property owners within the designated historic districts and other community members will assist in the data gathering phase. Personal files and documents, as well as oz'al histories are valuable sources of information for the historical research portion of the project. R.J. Heisenbottle Architects' current work load will in no way affect the timely pxogress or coanpletion of the project. $y assigning this project to 1vIr. Rodriguez we can isolate his responsibilities so that he may dedicate all the tixne necessary for the project. Occasional assistance on specific graphic tasks will be available from other staff members an an as-need basis, SECTION b FEE SCHEDULE SECTION S fEE SCHFiOUL,F Delray Beach Four Historic l7istricts Resurvey R.J. Heisenbottle Archlfccts, P.A. 61512408 Tasks Hours Rate Total Review and verify existing data at Planning and Zoning Dept 4 $ 165.00 $ 660.00 Review existing local Historic site and district files 4 $ 165.00 ~ 660.00 Preliminary research of maps and photographs 4 $ 165.D0 $ 660.00 Conduct windshield sites survey 32 $ 1fi5.00 $ 5,280.00 Prepare map and photo data (paper and digital) 32 $ 155.00 $ 5,280.00 Conduct historical research for survey sites 32 $ 155.00 $ 5,2$D.OD Complete local survey forms far ai[ sites 20 $ 185.00 $ 3,300.00 Complete Florida Master Site Fiie forms 2D $ 965.00 $ 3,300.00 Prepare weekly progress reports on project status 8 $ 165.OD $ 1,320AD Prepare Draft Survey Report for local and State review 24 $ 165A0 $ 3,960A0 Prepare. final survey report and site fife forms 16 $ 165.OD $ 2,640.00 • Meeting with staff and public (4 meetings) 8 $ 165.00 $ 1,320.00 Tasks Sub Total 2q4 $ 33,560.00 1=soma#ed Travel related reimbursable expenses $ 1,000.00 Total Project Fee $34,680.00 BI[~ ~[CN~TURE ~`C?R11~[ *~"~l~LEASE AFFlX SlG~fATURE ~11HEF~E !NDlCATED (FAILURE TO DL3 SO SHALL EE GAUSE FOR REJECTlUN OF YOUR PROPOSAL ~~~ #;2U08~3,8 t7p~reing Rafe: 7'1~fLIRSE3AYt JU#1fE ~J5, 2~~8 REP TJTtf: rR,!«S[iRV,EY OF HlS7'i~RIC DlSTRlD7~S CD11~~.4NYNAMf: R,J. Heisenbottle Archatects,PA D,aFE: 6/2/08 N'AJl~JF./lf7"t~`: Ri.cbard J. Hezsenbottle, President }~p~fSg; 2199 Ponce De Leon Blvd. , Suite 400 O~TY: Coral Gables = STATE; ~' Z!P OC)1?f: 33134 FEf)f~i4t i"A~C i.D. #: 59 _ 2783815 TELf!'H~?Nf: f 305 4G~6-7799 F~{O51~ILf; ~ 30S 446-927 J .., __ f1l?~#IL ADI~R;ESS: __richard@r-~ha.net "`SIGAfA 7t1~f VENDOR SERVICE REPRESENTAT~E FOR I~LA~CIl~ENT OF ORDER: C~~lTACT N1~IIVIE: iguez TELI;PHC~I~E: ~ 305.446-7799 ~ RAP Nn. 2pG-8-88 Resurrey of Historic E~isiri~ts - Z~ - ~iky of F7elr~ry B~aCis GOf~ipANY NAME: Archeological and Historical Conservancy, Inc. A1~DF~SS: 4800 ~ 64th Avenue, Suite 107 CITY: Davie STATES ~ SIP CQDE: 33314 C(7NT,4CT PERSON; Robert Carr PyC~NE NE~Mf3ER; 954 792 9776 •###ii#4Ntii#tt*tti*##titM+itttftittitttitt#ititHttlt#t{It-##iiitRititiit#iti*i#i G4]PANY IVAI~)E: Miami River Itm ADaRESS: 118 SW Sauth River Drive CITY: M'-~i- STATE: ~ ~ ZfP GC}f~E: 33130 CONTACT PERSON: Sallye Jude PHONE NUN3BER: 305 325 0045 tliiitiittitttii#tiiti}4#~tttlHti~4}f4~#HR4iN~t8tiift#iit#ti#fiiti0itit#i#iiit CO)Ulf'ANV IV.fltviE: Nliami Dade County AI~DRE~S: 111 NW 1st Street Gf7Y: ~•~ STATI*: ~' ~iP Ct7l]E' 33128 CONTACT I'ER$C3N; George Burgess PHONE Nl~fV9BI~R: 305 375 5311 •°tHf#ttltt#i#t-tttf#!t#fi~ittfltiitt`itttit##ttiitfili4tti4i~4~!#t#tif•tttttt4 GO[~1PANY NE_ Miami. Shores Historic Preservation Board ADpRESS; 197 Old Tavern Road CITY: Orange County .STATE: ~ ZI P GODS 06477 GO11fTACT PERSON: M~tY Stofik I~I-I4NE t~UhIISI=R: +t##~+t*~+~#~~i*~*tr~+iitit~ttt*#t~~4ttt~~~t~t~••fi~~t~tattiti+iti~+rt+t~t~*~t+t~ SOb~miued $}~: ~._..__. VEND+ti?R N!lh[~ RFP flu. 2098-3A R~surarey oP k~istaric f~istricfs _ ~~ _ City a# p~iray Beam M: Sa~rv~ S.~ofz~k Archaeological and Historical Conservancy, Inc. 4$00 S.W 64th Ave, Suite 107 Davie, FL 33314 Phone:954-792-9776 Fax: 954-792-9954 Eu~ail: archlgcl@bellsouth.net Web: www.flarchaeology.coin RE: Letter of Recommendation Ivan Rodriguez To Whom It May Concern: I am pleased to recommend Ivan Rodriguez for consideration for architecturaUhistoric preservation services. I have known Mr. Rodriguez since 1979. He has worked with our organization, the Archaeological and Historical Conservancy, on two historic preservation projects. First, on a cultural resource assessment of the Middle Keys in Monroe County in 1985, where he worked as the architectural historian for the project. Moore recently be provided similar services for a Phase 1 cultural resource assessment of the Support parcel, that included a National Register eligible Customs House in Broward County. I strongly recommend Mr. Rodriguez. He brings professional knonvledge and integrity to the table, and has always met pertinent dates on project work schedules. If additional information is needed, please contact ape at 954-792-9776 or azchlgcl@bellsouthnet, Sincerely, .. ~~~ Robert S. Carr Executive Director MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph M. Safford, Finance Director Lisa Herrmann, Budget Officer THROUGH: David T. Harden, City Manager DATE: June 25, 2008 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 RESOLUTION N0.24-08BUDGET AMENDMENT ITEM BEFORE COMMISSION Consider approval of a resolution making amendments to the adopted Budget for fiscal year 2007/08. BACKGROUND Resolution 24-08 provides for adjustments to the General Construction Fund and Lakeview Golf Course Fund to allocate funds for the Lakeview Golf Course Renovation project; several other adjustments are also included as explained in the attached summary. RECOMMENDATION Approve Resolution No. 24-08. Budged Amendmen# Fiscal Year 2007-2008 General Fund Expenditures The departmental adjustments overall total $2,000. A brief justification of departmental adjustments is as follows: Public Safety The Fire Operations division will increase by $2,000 for funds contributed by Rainberry Woods subdivision to purchase an Amplivox Sound System. Other Funds Community Development Fund This fund will increase by $3,904. A United Way contribution towards a luncheon in Delray Beach in the amount of $690 will be recorded as well as additional SHIP Revenue roll forward in the amount of $3,214. General Construction Fund This fund will result iuz an overall increase of $200,000 to record utility tax bond interest that will be transferred to the Lakeview Golf Course Fund for its renovation project. Lakeview Golf Course Funcl This fund will increase $200,000 with a transfer from the general construction fund for the renovation project at Lakeview Golf Course which was awarded to Total Golf Construction at the June 17, 2008 City Commission meeting. RESOLUTION NO. 24-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 55-07 ADOPTED SEPTEMBER 18, 2007 AND RESOLUTION 16-08 ADOPTED MAY 6, 2008, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2007/2008, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2007/2008; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 55-07 adopted by the City Commission of the City of Delray Beach, Florida, on September 18, 2007, and Section l of Resolution No. 16-08 adopted by the City Coiutnission a£ the City of Delray Beach, FL on May 6, 2008 are hereby repealed, and a new Section 1 is enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit "A", are hereby appropriated upon the terms and corrditions 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 az~d then only in the event the aggregate revenues collected and other resources available during the period commencing the 15` day of October, 2007, and ending the 30s' day of September, 2008, fox 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 Coznmissian to be available in the period commencing the I5t day of October, 2007, and ending the 30`~ day of September, 2008. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30~' day of September, 2007, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 15` day of October, 2007. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds £or the fiscal year commencing the 15C day of October, 2007. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency ar individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect o£ official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be constn~.ed 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 enuxnexated in this resolution its connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Officex and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any deparnnent, bureau, agency or individual o£ the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hexeby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on Septembex 4, 2007, and September 18, 2007. Section 10. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 1st day of July, 2008. MAYOR ATTEST: City Clerk 2 RES. NO.2408 EXHIBIT A (As Amended) BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA FISCAL YEAR 2007-200$ General Fund DOWNTOWN SPECIAL Amended DEVELOPMENT ENTERPRISE REVENUE FY 07108 FUND FUNDS FUNDS TOTAL CASH BALANCE56ROUGHTFORwARD 1,863,996 15,427,197 1,119,580 18,41D,773 ESTIMATED REVENUES: TAXES Mi[lages AD VALOREM TAXES s.ta4s 51,62D,570 D D 51,620,570 AD VALOREM TAXES 0.4334 3,588,430 0 0 3,588,430 AD VALOREM-DELINQUENT 72,000 0 0 72,000 AD VALOREM - DDA 0.8855 0 519,160 0 0 519,160 Sales & Use Taxes 1,452,000 0 0 1,452,DOD Franchise Taxes 5,637,25D D 0 5,637,25D Utility Taxes 4,369,000 0 0 4,369,000 Other Taxes 3,900,000 0 D 3,9DO,ODD Licenses & Permits 4,860,170 0 0 4,660,170 Intergovernmental 7,286,704 626,150 5,909,474 13,822,328 Charges for Services 7,D09,77D 41,892,89D D 48,902,660 Fines & Forfeitures 844,4DD 0 73,000 917,400 Miscellaneous Revenues 14,513,206 1,500 912,290 474,503 15,841,499 Other Financing Sources 2,939,940 297,OD0 1,012,780 4,249,720 TOTAL REVENUES AND OTHER I"INANCING souRCES 107,893,440 520,660 43,728,330 7,409,757 159,552,187 TpTAL ESTIMATED REVENUES AND BALANCES 109,757,436 520,66D 59,155,527 8,529,337 177,962,960 EXPENDITURESlEXPENSES: General Government Services 11,904,265 D 0 11,904,265 Public Safety 53,723,529 0 73,000 53,796,529 Physical Environment 584,998 41,fi75,680 0 42,260,678 Transportation 10,D76,267 0 0 10,076,267 Economic Environment _ 8,865,890 520,270 0 4,033,427 13,419,587 Human Services 55,000 0 769,410 824,010 Culture & Recreation 14,075,471 3,993,700 1,570,712 19,639,883 Debt Service 5,132,080 7,200,570 0 12,332,650 Other Financing Uses 5,276,380 5,384,140 0 14,660,520 TOTAL EXPENDITURESlFJCPENSES 109,693,880 52D,270 58,254,090 6,446,149 174,914,389 Reserves 63,556 390 901,437 2,083,188 3,848,571 TOTAL EXPENDITURES AND RESERVES 109,757,436 520,660 59,155,527 8,529,337 177,962,960 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: June 25, 2008 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 CONTRACT/PREFERRED SEATING ITEM BEFORE COMMISSION The City Attorney's Office is seeking direction regarding the failure of the City's vendor, Preferred Seating, Inc. to comply with the terms of the purchase order related to the installation of seats in the tennis stadium. BACKGROUND The City issued a purchase order to Preferred Seating, Inc. on November 22, 2006 for the purchase and installation of 1793 bleacher seats for the tennis stadium. At the time of the purchase order Preferred Seating was an inactive corporation in the State of Florida. Preferred Seating Inc. is also listed as a Tennessee corporation. The seats had to be installed prior to the ITC event that was to take place in early 2007, so time was of the essence and this vendor provided that it could make the deadline. Shortly after the bleacher seats were installed staff noticed problems with the installation as well as certain discolorations appearing on the seats. Staff had repeatedly requested the vendor repair the seats and comply with the limited warranty provisions listed in the purchase order, however, the vendor failed to respond to the requests. Our office recently attempted to contact the vendor, by phone and mail, however, the vendor did not respond. The vendor was paid $156,215.01 to date with a remaining balance of $3,675.64 still owed. Our office requests direction from the Commission regarding this matter. Preferred Seating Inc. appears to be an inactive corporation and we have not received a response to any written or verbal inquiry since December of 2007. At that time Preferred indicated that they were going through a "reorganization" and that they would attempt to correct the defects at a later date as they were unable to do so at the present time. While we can file suit against them based on a breach of the limited warranty provisions and possibly obtain a default judgment against them (because it does not appear that they are a viable company at this time), collecting on a judgment may not occur. RECOMMENDATION The City Attorney's recommends filing suit in an attempt to have the company respond. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: June 26, 2008 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 AMENDMENT NO. 1 TO THE AGREEMENT/ATC INTERNATIONAL, INC. ITEM BEFORE COMMISSION The attached Amendment to the Agreement between the City and ATC International, Inc., regarding the construction and installation of 11 retractable towers at various points throughout the City, provides for an extension of the completion date and an increase in cost. BACKGROUND The City entered into the agreement, on February 29, 2008, with ATCI for the construction of 11 retractable towers to be used as a backup system in case the City's fiber network was unavailable (the system will also be available for field staff to connect to the City computer network when they are in range). ATCI had bought the company the City originally contracted with to install the towers. The original company had failed to obtain the proper engineering certification for building permit approval. The Agreement executed on February 29, 2008 provided for a completion date of April 25, 2008, however, due to the extra time required for the proper engineering certification ATCI was not able to make this deadline. ATCI would like to extend the date for completion until July 30, 2008. The original amount of the contract was $169,711.82. ATCI has requested an increase of $26,000.00 to cover the cost of certain equipment that will be needed in order to make the system operational. ATCI has also requested an increase in the cost, not to exceed $4,000.00, in order to repair the lift cable on the tower at ocean rescue. These costs are paid out of the FEMA and insurance recovery funds from Hurricane Wilma. FUNDING SOURCE 551-1575-591-45.50 RECOMMENDATION Approve the attached Amendment No. 1 to the Agreement. AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN ATC INTERNATIONAL, INC. AND THE CITY OF DELRAY BEACH DATED FEBRUARY 29, 2008 THIS AMENDMENT No. 1 to the Agreement dated February 29, 2008 between ATC INTERNATIONAL, 1NC. ("ATCI") the CITY OF DELRAY BEACH ("City") is hereby amended this day of , 2008. WITNESSETH: WHEREAS, the parties entered into an Agreement dated February 29, 2008 (the Agreement}; and WHEREAS, due to unforeseen circumstances the parties wish to amend the Agreement to allow for an extension of time to allow ATCI to complete the installation of the towers and to provide for an increase in the price. NOW, THEREFORE, the parties. hereto in consideration of the covenants herein contained agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated as if fully set forl:h herein. 2. Modification. The Agreement shall be modifed to provide that ATCI shalt have until July 30, 2008 to fulfill the terms and .conditions of the Agreement. The Agreement is further modified to provide for an increase in price of $26,000.00 for the purchase and installation of the materials and an increase in price (crane rental}, not to exceed $4,000.00, for repair work to a tower, as described on Exhibit "A", attached hereto and incorporated herein. No funds, (this includes this added amount of $26,ODD.DD - $30,000.00 as well as the remaining $42,427.9fi) shah be paid to ATCI anti! the system has been up and running, as determined by the City in its sole discretion., for a minimum period of 7 days, at that point 50% of the outstanding funds shall be paid. The remaining 50°/a of the outstanding funds shall be paid after another 7 day period has elapsed, if the system is still functioning properly, as determined by the City in its sole discretion. 3. Entire Agreement Except as modified. by this amendment, the original agreemen# shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the date written above. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: (Print or Type Name} {Print or Type Name) CITY OF DELRAY BEACH By= Mayor, Rita Ellis ATC INTERNATIONAL, INC. By: 2 -~~ !N T~Q/V.a1T! pNA~~ ~~L ~~ ~~ ~~,h.4tri"'~€w ~OQyraiR Oli,~ pfilAi7i~lAG i~iO~LD lune, 73, 2008 CHANGE ORDER APPROVAL REQUEST City of Delray Beach ATT: City Attorney, IT, and Finance Departments Reference Changeladd to ATC11Delray Beach FEMA tower installation Mr. Brian Shutt This is to confirm that ATCI will install the below additional equipment to complete and make operational the FEMA Tower project. The equipment required. is; twelve [12] Cisco Catalyst 2960-G-24TC switches and Twenty Four [24] Cisco Transceiver modules GLC-LH-SM-RF. As in the past ATCI appreciates the City IT support personnel's invaluable help. Lump sum for this additional equipment and work will be $26,000.00 Additionally ATCI acknowledges that one of the towers currently installed [Beach tower] will require the removal and replacement of its lift cable. This wil! be an additions[ cost [not to exceed] of $4,000.00, and ATCI will produce a matching invoice form the Crane operator upon billing. We understand that payment of the outstanding invoices will be after a seven day trial period. Sincerely, Vincent J Vento - 1 -ATC international tnC 1270 NW 165' Street Miomi FI.33764 - 3Q5 fi20-0Q52 Fpx 305 b20-0099 - atcisyste~ns.cam MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: June 24, 2008 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY ITEM BEFORE COMMISSION This item is before the Commission for an appointment to the Community Redevelopment Agency. BACKGROUND The term for Mr. William Branning will expire on July 1, 2008. Mr. Branning will have served an unexpired term, is eligible and would like to be considered for appointment. Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or she resides in or is engaged in business (which means owning a business, practicing a profession or performing a service for compensation, or serving as an officer or director of a corporation or other business entity) within the area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment. The City Attorney has determined that anyone who resides within the City limits is eligible for appointment. A person cannot hold any other public office other than his/her commissionership or office with respect to the Community Redevelopment Agency. 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 where found with the exception of Ms. Nancy Stewart who has a code violation for watering on an improper day and Mr. Albert Richwagen who has a code violation for the installation of signs without a permit. Voter registration verification was completed and all are registered with the exception of Mr. Percy Mejia. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve a four (4) year term ending July 1, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to the Community Redevelopment Agency to serve a four (4) term ending July 1, 2012. COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 20 N. Swinton Avenue Delray Beach, FL 33444 06/07 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/01 /2009 Peter Arts Life Insurance Amt o7/05/05 t 07/01 /2011 Thomas F. Carney, Jr. Attorney Appt 06/17/03 Re t 06/19/07 07/01 /2009 Veronica Covington UnexpAppt 02/20/07 ~~{-~T Surveillance 07/01 /2010 Howard Lewis, Vice Qiair Business Owner Unexp Appt 04/15/03 Re t 06/20/06 07/01 /2008 William Sranning unexp Amt o5/02/06 Contractor 07/01 /2009 Angeleta Gray Business Owner/ Unexp Appt 11 /21 /06 COSrnetOlO t 07/01 /2009 Franklin Wheat, Qiair Realtor Unexp Appt 04/15/03 Re A t 07/05/05 Contact person: Diane Colonna 276-8640 S/City Clerk/Board 07/CRA Commission Liaison: Commissioner Brenda Montague (Primary Member) Commissioner Gary Eliopoulos (Alternate Member) COMMUNITY REDEVELOPMENT AGENCY EXHIBIT "A" William Branning Business Owner/Certified General Contractor Incumbent Mark Denkler Business Owner (currently serving on the Parking Management Advisory Board) Joe Farkas Manager/Banking Joseph Ferrer EntertainmentBusiness Owner (currently serving on the Police Advisory Board) Gerald Franciosa Retired/Law Enforcement (also applying for the Police Advisory Board) James Houck Property Management (currently serving on the Board of Adjustment) Loren Levinson Educator George Maso Real Estate (also applying for the Police Advisory Board) Percy Mejia Project Manager/Architecture Albert Richwagen Business Owner Jeff Ritter Educator (also applying for the Police Advisory Board) Alexia Rouquette Director of Marketing & Public Relations Jerome Sanzone Building Official Sam Shannon Director of Community Development Seabron Smith Executive Director Nancy Stewart Business Owner (currently serving on the Downtown Development Authority) Harold Van Arnem Developer/Real Estate (currently serving on the Education Board and the Neighborhood Advisory Council; also applying for the Downtown Development Authority) MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: June 24, 2008 SUBJECT: AGENDA ITEM 9.,T. -REGULAR COMMISSION MEETING OF ,TULY 1, 2008 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before the Commission for an appointment to the Delray Beach Housing Authority. BACKGROUND The term for Mr. Joseph Bernadel, regular member on the Delray Beach Housing Authority, will expire on July 14, 2008. Mr. Bernadel will have served a four (4) year term, is eligible and would like to be considered for reappointment. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. 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. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regular member to serve a four (4) year term ending July 14, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to the Delray Beach Housing Authority to serve a four (4) year term ending July 14, 2012. DELRAY BEACH HOUSING AUTHORITY EXHIBIT "A" Joseph Bernadel Edward Desmond Joe Farkas Gerald Franciosa Philip Friedman Pearl Markfield Elrod George Maso Alexia Rouquette Alan Weitz Incumbent (currently serving on the Public Employees Relations Commission) (currently serving on the Nuisance Abatement Board) (also applying for the Downtown Development Authority) (also applying for the Downtown Development Authority) DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 770 SW 12~ Terrace Delray Beach, FL 33444 05/08 TERM REGULAR MEMBERS EXPIRES 07/14/2008 Joseph Sernadel, QZair Unexpired Term 07/16/02 Reappt 06/08/04 07/14/2010 Russell Yeager Unexp Appt 05/06/08 07/14/2010 Sylvia Morris Unexp Appt 07/10/07 07/14/2009 Angela D. Randolph, Vice Qiair Appt 07/24/01 Reappt 06/21/05 10/27/2011 QZristel Silver Appt 11/6/07 03 /06 /2010 Morris L. Weinman Unexpired Term 03/06/01 Reappt 02/05/02 Re t 02/21/06 07/14/2010 ThuyShutt (Twee) Appt 07/11/06 Director: Dorothy E llington Contact: Nina Levina/Jaclde 272-6766 X-18 nlevine@ dblla.org Housing Authority 278-4937 Fax 272-7352 S/City Clerk/Board 08 /Defray Beach Housing MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: June 24, 2008 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 APPOINTMENT TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before Commission for an appointment to the Police Advisory Board. BACKGROUND Ms. Sharon Austin, regular member of the Police Advisory Board, verbally resigned on May 12, 2008. This creates a vacancy for one (1) regular member to serve an unexpired term ending December 13, 2008. 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 Mr. Samuel Menard. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regular member to serve an unexpired term ending December 13, 2008. RECOMMENDATION Recommend appointment of one (1) regular member to the Police Advisory Board to serve an unexpired term ending December 13, 2008. City of Delray Beach Police Advisory Board -Applicants Exhibit "A" 1. Claxton, Wyana Resident 2. Dollard, Jason ResidentBusiness Owner 3. Federgreen, Bernard Resident 4. Fenoglio, Laura Resident 5. Franciosa, Gerald Resident 6. Gold, David ResidentBusiness Owner 7. Hallahan, John Resident 8. LaManna, Gregory Resident 9. Major-Hanna, Ellen African American Resident 10. Make, Isabel Resident 11. Marks, Eileen Resident 12. Maso, George Resident 13. Menard, Samuel Resident 14. Monahan, Matthew Resident 15. Prior, Linda Resident 16. Ritter, Jeff Resident 17. Rosen, Ned Resident 18. Shackman, Kathy Resident 19. Shell, Robert Resident 01/08 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 VACANT Appt 12/13/05 12/13/08 Joshua Bressler Appt 12/13/05 12/13/09 Walter Earley Appt 01/03/08 12/13/09 Joseph Ferrer Appt 12/13/05 Re t 01/03/08 12/13/09 Vanessa Francois Unexp Appt 6/19/07 Reappt 01/03/08 (Student) 12/13/08 Jose Herrera, Vice Chair 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 MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: June 24, 2008 SUBJECT: AGENDA ITEM 9.L. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION This item is before Commission for appointments to the Downtown Development Authority. BACKGROUND The terms for Mr. David Beale, Mr. Louis Carbone, Ms. Diane Franco and Ms. Nancy Stewart will expire on July 1, 2008. Mr. Beale will have served one (1) full term, is eligible and would like to be considered for reappointment. Ms. Franco and Ms. Stewart will have served unexpired terms, are eligible and would like to be considered for reappointment. Mr. Carbone will have served two (2) full terms and is not eligible for reappointment. Appointments are needed for four (4) regular members to serve three (3) year terms ending July 1, 2011. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of real estate within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. The individuals that appear to meet ownership and tax payment qualifications are Mr. David Beale, Mr. Mark Denkler, Mr. Kenneth Kaltman, Ms. Linda Lake, Mr. Michael Listick and Mr. Albert Richwagen. A map of the Downtown Development Authority Boundary is included for your review. Currently serving on the Downtown Development Authority and meeting ownership and tax payment qualifications are Mr. Herman Stevens, Mr. Fran Marincola and Mr. David Beale. 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 with the exception of Ms. Nancy Stewart who has a code violation for watering on an improper day and Mr. Albert Richwagen who has a code violation for the installation of signs without a permit. Voter registration verification was completed and all are registered with the exception of Mr. Percy Mejia and Mr. Kenneth Kaltman. Based on the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3), Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5) for four (4) regular members to serve three (3) year terms ending July 1, 2011. RECOMMENDATION Recommend appointment of four (4) regular members to the Downtown Development Authority to serve three (3) year terms ending July 1, 2011. DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 64 SE 5~ Avenue Delray Beach, FL 33483 12/07 TERM REGULAR MEMBERS EXPIRES 07/01 /2008 David Beale *Tax qualification Unexp Appt 03/01 /05 Re t 06/21/05 07/01 /2008 Louis J. Carbone QZair *Tax qualification Unexp Appt 3/6/01 , Reappt 06/18/02 Re t 06/21/05 07/01 /2009 Fran Marincola Vice Qiair *Tax qualification Appt 06/20/06 , 07/01 /2008 Diane Franco Unexp Appt 12/11 /07 07/01/2009 David Cook Unexp Appt 05/15/07 07/01 /2008 Nancy Stewart Unexp Appt 07/11/06 07/01 /2010 Herman Stevens Board Secretary *Tax qualification Appt 06/22/04 , Re t 06/19/07 Contact person: Selma Kleinman 279-1380 X-15 Fax 278-0555 Membership increased to 7 members on 07/01 /99 S/City Clerk/Board 08/DDA Commission Liaison: Mayor Rita Ellis } Q Z O m .-. D O ~_ CL O 2 I- Q Z w O w w z O z O as ~~ ~ z ~r ~ ~r ~ 6 i DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT "A" David Beale Shannon Dawson Mark Denkler Maura Dersh-Wissekerke Jane Fields Diane Franco Jennifer Garrison Incumbent (currently serving on the Parking Management Advisory Board) Incumbent James Houck (currently serving on the Board of Adjustment) Kenneth Kaltman (currently serving on the Nuisance Abatement Board) Linda Lake Michael Listick Pearl Markfield Elrod Eileen Marks (currently serving on the Nuisance Abatement Board) Percy Mejia Kenneth Peltzie Albert Richwagen (currently serving on the Code Enforcement Board) Alexia Rouquette (also applying for the Delray Beach Housing Authority) Nancy Stewart (also applying for the Community Redevelopment Agency) Incumbent Harold Van Arnem Developer/Real Estate (currently serving on the Education Board and the Neighborhood Advisory Council; also applying for the Downtown Development Authority) MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: June 24, 2008 SUBJECT: AGENDA ITEM 9.M. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Affordable Housing Advisory Committee. BACKGROUND On April 1, 2008, the Delray Beach City Commission adopted Resolution No. 12-08 establishing the Affordable Housing Advisory Committee for the purpose of recommending incentives for affordable housing to the City Commission. The Affordable Housing Advisory Committee consists of eleven (11) members that meet the following criteria: (a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) One citizen who is actively engaged as afor-profit provider of affordable housing. (f) One citizen who is actively engaged as anot-for-profit provider of affordable housing. (g) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) One citizen who actively serves on the local planning agency pursuant to Section 163.3174. (i) One citizen who resides within the jurisdiction of the local governing body making the appointments. (j) One citizen who represents employers within the jurisdiction. (k) One citizen who represents essential services personnel, as defined in the local housing assistance plan. There is a vacancy for Category (a) -One citizen who is actively engaged in the residential home building industry in connection with affordable housing; however, there are no applicants that qualify for this category at this time. The following individuals have submitted applications and would like to be considered for appointment to fill two other vacancies: Category (f) -One citizen who is actively engaged as anot-for-profit provider of affordable housing: Evelyn Dobson Category (k) -One citizen who represents essential services personnel, as defined in the local housing assistance plan: Gerald Crocilla A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) for two (2) regular members to serve two (2) year terms ending June 17, 2010. RECOMMENDATION Recommend appointment of two (2) regular members to the Affordable Housing Advisory Committee to serve two (2) year terms ending June 17, 2010. 06/08 AFFORDABLE HOUSING ADVISORY COMMITTEE TERM EXPIRES REGULAR MEMBERS OCCUPATION CATEGORY FILLING 06/17/2009 ~t Residential home Vacant buildin 06/17/2009 Appt 06/17/08 DorothyEllington Executive Advocate for low Dir. /Hoes' income rsons 06/17/2009 Appt 06/17/08 Wanda Gadson Finance-Executive Banking or Director mort bankdn 06/17/2010 Appt 06/17/08 VP of Charles Halberg Construction/Business Serves on local Owner 1 a c 06/17/2010 ~t Represents essential Vacant services rsonnel 06/17/2009 Appt 06/17/08 Areas of labor William Hatcher General Contractor actively engaged in home buildin 06/17/2010 Appt 06/17/08 Alberta McCarthy Real Estate /Senate Real E state Le ' lation Assistant Professional 06/17/2010 ~t o6/17/1o Programming Citizen who resides Cannelita Smith Manager/Housing within the Coordinator 'urisdiction 06/17/2009 ~t 06/17/08 For-profit provider of affordable Housing Connie Staundinger Director of Development 06/17/2010 Amt o6/i~/o8 Represents employers within the j urisdiction Sandra Weatherspoon Assistant Principal Engaged as a not- 06/17/2010 for-profit provider Amt o6/i~/o8 of affordable Vacant hoes' Contact: Elizabeth Alpert 243-7282 S/City Clerk/Board 08/Affordable Housing Advisory Committee MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: June 24, 2008 SUBJECT: AGENDA ITEM 9.N. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 APPOINTMENT TO THE GREEN TASK FORCE ITEM BEFORE COMMISSION This item is before Commission for an appointment to the Green Task Force. BACKGROUND Ms. Karla Vailliancourt submitted her resignation from the Green Task Force effective June 9, 2008. The resignation letter is attached for your review. This creates a vacancy for one (1) regular member to serve an unexpired term ending August 27, 2008. On November 20, 2007, the Delray Beach City Commission adopted Resolution No. 67-07 establishing the Green Task Force for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; and best practices to be considered for implementation in Delray Beach, including long-term strategies. The Green Task Force shall consist of seven (7) members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. 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 with the exception of Ms. Jayne King who has a code violation for having a pool improperly fenced. Voter registration verification was completed and all are registered with the exception of Mr. John Whitfield. Mr. Daniel Garrido is currently registered to vote in Dade County. Based on the rotation system, the appointment will be made by Mayor Ellis (Seat #5) for one (1) regular member to serve an unexpired term ending August 27, 2008. RECOMMENDATION Recommend appointment of one (1) regular member to the Green Task Force to serve an unexpired term ending August 27, 2008. GREEN TASK FORCE SIX MONTH TERM 01/08 TERM EXPIRES REGULAR MEMBERS OCCUPATION amt o1/03/08 Ana DeMelo Project Manager/Civil Engineering amt o1/03/08 john Koenig Business Owner-Restoration Services amt o1/03/08 Nancy Schneider, Qiair Planning Technician amt 01/15/08 Yalmaz Siddiqui Environmental Strategy Advisor amt o1/03/08 Dan Sloan, Vice Qiair Project Manager/Certified General Contractor/Registeredereen Certifying t amt o1/03/08 Joseph Snider Business & Project Manager/LEED Coordinator Appt 01/03/08 VACANT Contact: S/City Clerk/Board 08/Green Task Force GREEN TASK FORCE EXHIBIT "A" Edward Bispham General Contractor and Builder Alberto Chuecos Director of Operations Jeffrey Conley Business Owner-Principal/Environment Consultant Daniel Garrido Mortgage Loan Consultant David Hawke Principal-Design Director/Architecture (currently serving on the Code Enforcement Board) Allen Huntington Finance Jayne King Educator-Retired Sarah Martin Special Event Project Manager Suzanne Schenkel Retired-Resource Conservation Personnel Thuy Shutt Assistant Director/Nlarketing (currently serving on the Delray Beach Housing Authority) John Whitfield Planner Kenneth Zeno Program Director (currently serving on the Education Board) June 9, 2005 Randal, After much thinking, I find it best to resign from the Green "Task Force, effective inimcdiately. I feel this is such an important issue for the city of Delray Beach, actually, the world, and I just know there are folks out there with wonderfiil ideas and foresight on the Environment. And while I truly share a~7d feel that passion, I feel undcrqualified compared to the rest of the Task Force. I truly learned a lot while doing my research, especially when it came to Cool Cities. I will be following the recommendations and website updates as the Task Force continues this essential planning. I enjoyed meeting the entire group and admire their dedication. Wishing the Task Force all the best of luck. Sincerely, and with thanks, Kara S. Vaillancourt cc: Vcnicc Cobb MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: June 30, 2008 SUBJECT: AGENDA ITEM 9.0. -REGULAR COMMISSION MEETING OF .TULY 1, 2008 STATUS REPORT AND DIRECTION/OLD SCHOOL SQUARE GARAGE RETAIL SPACE ITEM BEFORE COMMISSION Status Report and direction regarding the Old School Square Garage Retail Space. BACKGROUND Our office has received a draft Purchase and Sale Agreement for the Old School Square Garage Retail Space. We received the draft the day after the deadline contained within the Letter of Intent. I am in the process of analyzing the draft contract and hope to share with you the salient points at the meeting on Tuesday, July 1, 2008 (the contract is attached). Our office is seeking direction as to whether to waive the lateness of the submission and if so, direction on whether you wish us to proceed with the negotiations on the contract. I will provide additional information at the meeting. RECOMMENDATION City Commission direction. FIGURES CONTAINED IN ANY BUDGET DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE CONDOMINIUM ACT ARE ESTIMATES ONLY AND REPRESENT AN APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION OF THE BUDGET BY THE DEVELOPER. ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE OFFERING. - - CONTRACT FOR PURCHASE AND SALE FOR OLD SCHOOL SQUARE GARAGE NORTH RETAIL, A COMMERCIAL CONDOMINIUM 1. PURCHASE AND SALE This Contract for Sale and Purchase at OLD SCHOOL SQUARE GARAGE NORTH RETAIL, A COMMERCIAL CONDOMINIUM ("Contract') is made and entered into by and between CITY OF DELRAY BEACH, a Florida Municipal Corporation whose address is c/o City Attorney, 200 N. W. 1st Avenue, Delray Beach, Florida 33444 (561) 243-7090 ("Seller"), and uyer"). B Purchase and Sale. Purchaser hereby agrees to purchase and Seller hereby agrees to sell and convey to Purchaser all of that certain parcel of real property being situated in Palm Beach County, Florida comprising a condominium unit known and designated as Unit No. 1 (the "Unit') of Old School Square Garage Condominium North Retail, a Commercial Condominium, according to the Declaration of Condominium thereof, to be recorded in of the Public Records of Palm Beach County, Florida (the "Condominium") with an address of S. E. 1st Street, Delray Beach, Florida 33444, in the County of Palm Beach (the "County") together with all appurtenances thereto including but not limited to all limited common elements appurtenant thereto and an undivided interest in the common elements (including barking spacesl_as the same are contained and defined in the Declaration of Condominium of Old School Square Garage North Retail which will be recorded in the Public Records of Palm Beach County, Florida (as may be amended) (the "Declaration"); the foregoing real property and appurtenances are hereinafter referred to collectively as the "Unit". The Condominium is located in the airspace of the Old School Square Garage ("Garage") from just below the surface of the land upward to just below the underside of the second floor parking slab, as more particularly described in the Declaration. 2. DESCRIPTION OF PROPERTY 2.1 The Unit contains approximately ten thousand one hundred forty-one (10,141) gross square feet of space. The Unit is further described in the Declaration, together with its appurtenances. 3. PURCHASE PRICE 3.1 Purchase Price of the Unit ~a) - ~ ~ "Total Purchase Price" ~ 2.109.328.00 3.2 Payment Schedule. Total Purchase Price of the Unit shall be payable as follows: __~ ~An initial det~osit in the amount of `~ '5.000 oaid to ~ =~ - ' " -Escrow Agent within three (3) Business Davs after zne Effective Date - - -of this Contract ("Initial Deposit"1 $ 75.000.00 An additional deposit in the amount of ~125~000 laid to (~C) Balance of the Total Purchase Price of the Unit shall be due at closing ("Final Payment"), subject to adjustments and prorations and shall be paid ' - by bank wire transfer of collected funds (subi ect to adjustment as set Forth in Section 3.1 of this Contract) $ 1 909 3 Zs.oa 3.3 This is a cash transaction with no contingencies for financing. 4. CLOSING, CLOSING EXPENSES AND OTHER EXPENSES 4.1 Closing Date and Possession. The "Closing" is the conveyance of the Unit to Buyer as evidenced by the delivery of the deed transferring title. The closing date ("Closing Date") shall be on or before thirty (30) days after the expiration of the Inspection Period which is defined in Section 14 of this Contract. Provided that all of the conditions precedent to its acauisition of the Unit. as set forth in Section 4.5 of this Contract have been sati;;~i~~d by Seller or otherwise waived in writing by Buver~ Buyer shall close on such Closing - _ Date. In the event that Seller has not satisfied all of the conditions recedent set forth in Section 4.5 of the Contract on the Closing Date, Buyer shall have the notion of either (il terminating this Contract and immediately receiving back the Deposit and all interest earned thereon ar (iil broviding Seller with a reasonable adiournment of the Closing Date in order to satisfy the conditions precedent of Section 4.5 of this Contract. Buyer shall be in default of this Contract if Buyer fails to close as scheduled. Buyer shall be given possession of the Unit at Closing after Final Payment is received. Until such time, Buyer shall not be entitled to possession of the Unit or store any property therein. The Closing shall take place - = ~ '- - - " ' ' ' ~ ' ry ` ' by a mail-in escrow closing through the Closing A ent. 4.2 Closing and Other Costs. On the Closing Date, unless otherwise noted herein. Buyer shall pay the balance of the Total Purchase Price of the Unit, any and all sums due and owing sums under this Contract, and the following sums: -~ ~. ' A) Intentionally deleted. (C) The monthly Association assessment, payable to the Association, for the Unit for the next monthly assessment period commencing after Closing, based upon the Unit's share of the total Association annual assessment. (D) If Buyer executes a mortgage or other loan, Buyer shall be obligated to pay all mortgage or loan costs and expenses, including but not limited to, points, lender's origination fee, private mortgage insurance costs, intangible tax, documentary stamp tax, survey charge, credit report, recording charges, prepaid items such as taxes, insurance, interest and escrow, mortgagee's abstract of title insurance costs, mortgagee's attorneys' fees, and all sums deducted from the gross amount of the mortgage by the lender. This Contract is not contingent on Buyer obtaining a mortgage or any other financing. ~E) a . i -- - -_- - - _r - ' uvCr shall bay for the documentary stamp tax required to be alli~cd to the Deed; and for the owner's title a. e insurance premium e i - - - - ' - -~" -. (F) Real estate taxes, Solid Waste Authority tax assessments, special tax assessments, and other proratable items shall be prorated as of the date of Closing. Ad valorem taxes are prorated from January through December 31 of the same calendar year. Non ad-valorem assessments are prorated from October 1 through September 30 of the following calendar year. Such taxes and assessments shall be prorated based on the current year's tax- - ~ ' ~ -- _~. If Closing occurs on a date when the current year's millage is not fixed, and the current year's assessment is available, taxes shall be prorated based upon such assessment and the prior year's millage. If the current year's assessment is not available, then taxes shall be prorated based on the prior year's tax. Any tax proration based on an estimate shall at the request of either Seller or Buyer be subsequently readjusted upon receipt of the current year's tax bill. (G) Expenses incurred and/or advanced by Seller, if any, on behalf of Buyer as exbressly t~rovided for in this Contract, and all other costs and expenses for which Buyer is obligated under this Contract or the Declaration. (Hl Intentionally deleted. f ,. .,. .. fIl Intentionally deleted. ~, ,One half (1/21 of settlement closing fee(s), title examination fee and any other Closing expenses of Buyer. (K) Buyer shall pay all real estate broker's - ~ -" ee due to Broker which fee shall not be due unless the Closing occurs. ~ ,~ 4.3 Deposits. Any reference to Deposit or Deposits herein shall refer collectively to all amounts deposited with Escrow Agent under this ~~ '"ontract and under any addendum or amendment hereto- - 1 _ _ ~_ -r.- - ~ - All monies deposited under the terms of this~;ontract, except for the balance due at Closing, may be made by check drawn on a Florida bank, subject to collection. All payments must be made in United States funds. 4.3.1 Buyer understands that - ~ ~-Stearns Weaver Miller Weissler Alhadeff & Sitterson P.A. ("Escrow Age~i~~~), »lwse address is 150 West Fla~ler Street, Suite 2200 Miami, Florida; 33130 Attention: Robert Weissler, Esa. and whose telephone number is (~~} 3051 789-3200- will hold the Deposit in an interest bearing escrow account (the "Escrow Account'), pursuant to the terms of this ~ " ':,"ontract. Buyer may obtain a receipt for its Deposit from the Escrow Agent upon request. Unless Buyer is in default of this Contract, interest shall be paid to Buyer on the Deposit. Escrow Agent may deposit monies held in the Escrow Account in a savings or time deposit account at a bank or savings and loan association insured by an agency of the United States Government, with interest if any, paid to Buyer at Closing or to Seller if Seller is entitled to retain the Deposit as provided in this Contract. By signing this ~ ~ Contract, Buyer expressly authorizes Escrow Agent to disburse Buyer's deposits held in the Escrow Account to Buyer's account at Closing, or to Seller upon Buyer's default; ~ ' ° ` rv Seller and Buyer agree to indemnify and hold Escrow Agent harmless from any claims or damages that may result from Escrow Agent's escrowing or disbursing of Buyer's Deposit, other than those claims or damages resulting from Escrow Agent's gross negligence or willful malfeasance. Escrow Agent shall not be responsible for any act or omission to act, unless occurring due to his sole gross negligence or willful malfeasance, and upon making delivery of the monies that Escrow Agent holds in accordance with the terms hereof, Escrow Agent shall have no further liability. Seller and Buyer, jointly and severally, shall indemnify and hold Escrow Agent harmless from any and all damages or losses arising by reason of Escrow Agent having acted as Escrow Agent, or in connection therewith (except for damages or losses arising out of gross negligence or willful malfeasance), including but not limited to all costs and expenses incurred by Escrow Agent in connection with any litigation, together with reasonable attorney's fees, paraprofessional fees and legal costs, including without limitation, at trial, on appeal, in bankruptcy or otherwise. 4.4 Closing Agent. Buyer acknowledges that Seller utilizes the services of _ g.,.- ~ ~~~,-Stearns Weaver Miller Weissler Alhadeff & Sitterson P.A. ("Closing Agent") for this purchase and sale which services include, but are not limited to (i) pre-closing coordination with Seller, Buyer, Broker (defined below), ~" - v -~ -" ~ -Association, taxing authorities, and any applicable lender, (ii) preparation of the Special Warranty Deed and other closing documents; (iii) preparation of the closing statement; and (iv) conducting the Closing. The Closing Agent does not represent the Buyer as an attorney at law. 4.5 Conditions. Buyer shall not be obligated to close unless and until each of the following conditions are either fulfilled or waived, in writing, by Buyer: (A) Seller shall have performed all covenants, agreements and obligations and complied with all conditions required by this Contract to be performed or complied with by Seller prior to the Closing Date. (B) Seller shall have delivered to Buyer any and all instruments and closing documentation at or before Closing as is required pursuant to this Contract, including, without limitation a Special Warranty Deed a bill of sale with standard covenants and representations of ownership and title and any affidavits required in order for the owner's title insurance policy to be delivered (C) This Contract shall not have been previously terminated pursuant to any other provision hereof. (D) All conditions to Closing otherwise contained in this Contract shall have been satisfied. (E) All of Seller's representations and warranties shall be true and correct as of the Closing Date. (F1 The status of title to the Property shall be as re uired by this Contract (Cr) Seller shall have provided Buyer, or its proposed tenant in the Unit with, among other thins, all permits, easements and licenses as may be required for the operation of a markets deli or similar operation in the Unit. Such permits. easements and (J) Seller shall have obtained any and all necessary waivers of rights of first refusal by the Association andlor any ab~rovals of the sale of the Unit by the Association. (K) The at~braisal required bursuant to Section 3.1 of this Contract shall have been obtained and_ if necessary. the Total Purchase Price and Final Payment shall have been reduced accordingly. The terms of this Paragraph 4 shall survive closing. 5. TITLE CONVEYANCE AND TITLE INSURANCE 5.1 Conveyance and Permitted Exceptions. Seller will convey to Buyer marketable ~- ~ title to the Property by Special Warranty Deed, subject only to the following "Permitted Exceptions": {~ _~ „~, ___-_-_~ taxes for the year of closing and subsequent years, including taxes or assessments of any special taxing district with resbect to any soecial assessments or s ecial taxing district t~ayments that are attributable to the imt~rovements located on the ro erty- Seller shall be re uired to av these amounts in full; the Declaration, and all matters referenced in the Declaration, the Association's Articles of Incorporation and Rules and Regulations. - , - -~ - ____ _ - -~- - ~- - v~_- - - - - ;; any mortgage, construction loan and/or related security instruments executed by Buyer; any easements in connection with the providing of cable television services or utilities, or as may be required by the City of Delray Beach, Florida; any water, sewer or utility service agreement required by the City of Delray Beach, Florida; and the Title Documents referenced in the Declaration of Condominium; the Declaration of Covenants and Restrictions for Old School Square Garage ("Master Declaration"} ~ ~ ~ ~ ~ ~ ~ ~ _ ~ ~ ~ ~4 - ~. "Permitted Exce.,r.,?~~_~.~...._~..3..~.<t(_[...._~~_t~1:.._i_~~_~_l_~_~_(_~°..._~t~~~ .rims or matters that are timely obi ected to in accordance with Buyer specifically gives authority to Seller to file and place among the Public Records of Palm Beach County, Florida all documents and instruments of any type or manner reasonably necessary to create and construct the Condominium, provided the same shall not render title to the Unit unmarketable. 5.2 - _ - ~= - - -_ ~. documentation thereto. In the event that any defects in title are timely reported to Seller, if necessary, the Closing Date shall be postponed and Seller shall make a good faith effort to cure such defects in title. If such defects in title are not cured within t~ (~30) days after the date that the Buyer gives notice of such defects to the Seller, then Buyer shall either (i) accept title in its then existing condition, but without any reduction in the Total Purchase Price, or (ii) terminate this Contract. If this Contract is terminated under this paragraph, the Deposit and all interest earned thereon shall be returned to Buyer and the Parties shall have no further rights or obligations hereunder. It is expressly agreed and understood that the Permitted Exceptions shall not be considered defects in title. It is further expressly agreed and understood that Seller shall not be obligated to expend funds in excess of $ I Od 000.00 or to bring any lawsuit for the purpose of curing any defects in title. - - -~' ' - -~' "- l - '- _ J ~Votwithstandin~ the fore~oin~ and not subject to the aforementioned cabs Seller shall be required to bav-off anv consensual matters. mortgages. and liquidated claims. liens or iud~ments that affect the Unit or the limited common elements anburtenant to the Unit to be conveyed at Closing 5.3 Title Insurance. Concurrently with Closing. Buyer shall obtain amarked- u title oolicy and within a final of Buyer's choosing. nationally recognized The terms of this Paragraph 5 shall survive Closing. 6. CONSTRUCTION OF THE UNIT 6.1 Buyer Acknowledgments. Buyer acknowledges and agrees that, other than as set forth in this Contract Buyer has not relied upon any statements, verbal or written, published by or under the authority of Seller in advertising and promotional matter, including but not limited to newspaper, radio or television advertisements, but has based the decision solely to purchase solely upon Buyer's personal investigation, observation, and the disclosure materials and Condominium Documents provided herewith. 6.2.1 Build-Out of Unit. The Condominium and the Unit are substantially complete as of the Effective Date of this ~ Contract. The Unit consists of unfinished space. Buyer shall, after the Closing Date, at its sole cost and expense, furnish, construct, install, and improve the Unit for Buyer's intended use as a gourmet The Build-Out shall include, without limitation: a. The floor slab and floor coverings of the Unit ' b. All interior walls, partitions and wall coverings of the Unit c. The ceiling and all ceiling coverings of the Unit ~" ~ ;and d. All utility connections all electrical, plumbing, heating and air conditioning wires, conduits, pipes and fixtures, the vents, the grease trap, generator, air conditioning and heating systems, and garbage disposal area and containers. Seller has advised Buyer that all such utilities are; or will be; to the Unit and Buyer shall only be resraonsible to pay for connections to such utilities at the Unit. 6.2.2. Prior to closing, Seller shall, at its sole cost and exbense. cause the construction of a fire rated eight (8) inch concrete and cement block (or as otherwise reauired to meet all. applicable zoning codes and structural or en~ineerin~ standards) wall, the center of which will be located on the boundary line of the Condominium which adjoins the other retail Condominium in the first floor of the Garage. The wall will constitute a common wall for the Condominium and the adjoining condominium which Seller intends on creating and which is referred in the Master Declaration as the Chamber Condominium. ' -Seller shall not commence c~~n~lru~li~~n until at least t~~cnl~-~~nc 1 ' I 1 days al~lcr ~I~e inspection Period has expired. r 6.3 Limited Warranty and Disclaimers. BUYER AGREES THAT THE ONLY WARRANTIES WHICH SELLER IS PROVIDING BUYER ARE THOSE SET FORTH IN FLORIDA STATUTES § ~1 _ - ~- a n ~ n n n - n 7~~8.203 (THE "WARRANTY"). SELLER DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, INTENDED USE4 - ~ -~ ~ RESPECTING THE UNIT, LIMITED COMMON ELEMENTS, COMMON ELEMENTS, OTHER CONDOMINIUM PROPERTY, AND ALL FIXTURES OR ITEMS OF PERSONAL PROPERTY SOLD PURSUANT TO THIS AGREEMENT, OR ANY OTHER REAL OR PERSONAL PROPERTY WHATSOEVER CONVEYED HEREBY, OR LOCATED WITHIN THE CONDOMINIUM, WHETHER ARISING FROM THIS AGREEMENT, USAGE, TRADE, - ®® - ~ ~ r - w _ (OTHER THAN WARRANTIES CREATED BY SECTION 718.203 OF THE FLORIDA STATUTES - AN ~ T I C NT .ACT). TO THE EXTENT NOT CONTRARY TO FLORIDA STATUTES § 718.203, IN NO EVENT SHALL SELLER BE RESPONSIBLE FOR (I) DAMAGE DUE TO OR MADE WORSE BY BUYER'S NEGLECT, MISUSE, ABNORMAL USE, IMPROPER UNIT MAINTENANCE AND/OR PREVENTATIVE MAINTENANCE; (II) DAMAGE DUE TO ORDINARY WEAR AND TEAR; AN (III) : - -- - - - - - --~ -- - CONDITIONS RESULTING FROM CONDENSA~I~IO\ O\, O12 ~I~FIE EXPANSION OR CONTRACTION OF MATERIAT:~ - - -~ ~ ~ - _ - - _z ~T - NORMAL SWELLING, EXPANSION AND CONTRACTION OF MATERIALS AND CONSTRUCTION _' SHALL NOT BE DEEMED TO BE CONSTRUCTION DEFECTS. UPON CLOSING, SELLER SHALL DELIVER TO BUYER ALL MANUFACTURERS' WARRANTIES, IF ANY.----- -- ' v ~ - THE UNIT IS SOLD "AS IS, WHERE IS". Except as otherwise provided in this Contract the Declaration or Section 718.203 Florida Statutes, the Seller does not make any warranty or representation regarding the title to the Unit except as to any warranties which will be contained in the Deed and in the other instruments to be delivered by Seller at Closing in accordance with this ~ "ontract, and Seller does not make any representation or warranty either expressed or implied regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Unit or Condominium. The Buyer specifically acknowledges and agrees that the Seller shall sell and Buyer shall purchase the Unit on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the Seller's representations and warranties specifically set forth in this contract the Declaration or Section 718.203 Florida Statutes, Buyer is not relying on any representations or warranties of any kind whatsoever, express or implied, from Seller, or its respective agents, officers, or employees, as to any matters concerning the Unit, the Condominium or related real property including, without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the Unit,(2) the quality, nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Unit, (4) the development potential, income potential, expenses of the Unit, (5) the Unit's value, use, habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Unit for any particular use or purpose, (7) the zoning or other legal status of the Unit, (8) the compliance of the Unit or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi- governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Unit or adjoining or neighboring property, (10) the freedom of the Unit from latent or apparent defects, (11) a.,.,~' ` ,,,,.. ~ ~~ *'~~ I ~ ,-~~-environmental matters of any kind or nature whatsoever relating to the Unit, ~ 12) any development order or agreement, or 0-413 any other matter or matters of any nature or kind whatsoever relating to the Unit or any improvements located near, adjacent to, or thereon. Seller shall have no obligation to repair, replace, or remediate the Unit, or any portion thereof, Buyer understands that the Unit is sold and conveyed "11S IS." As used herein, the term "Hazardous Materials" means (i) those substances included within the definitions of "hazardous substances", "hazardous materials", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. § 1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances", "hazardous materials", "toxic substances" or "solid waste", iii such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable explosives or radioactive materials. Notwithstanding the foregoing, from and after the Effective Date, Seller shall operate and maintain the Unit and shall cause the Unit to be operated and maintained in a manner generally consistent with past practices and in a manner fully compliant with applicable law and the Seller shall reasonably endeavor to prevent the introduction of any Hazardous Materials onto the Unit. 6.3.1 Post-Closing Warranty Claims by Buyer: ~~ 6.3.1.1 Notice. Buyer shall give written notice to Seller of any alleged defect or default with respect to the Unit arising under this Warranty or under law after closing, as a condition precedent to seeking any remedy against Seller with respect to the Unit. The written notice shall specify the defect or default in detail. 6.3.1.2 Right to Inspect and Correct. Seller shall have the Cure Period to inspect and correct any alleged default or defect or to otherwise respond to Buyer in the event Seller determines that no default has occurred and/or defect exists. The Cure Period is defined as a reasonable amount of time not to exceed forty-five (45) days from Seller's receipt of written notice of the alleged default. The Cure Period shall be extended by any period of time that Buyer refuses to allow Seller to inspect the Unit and/or perform tests as required by Section 6.3.1.4 hereof. To the extent any applicable provision of Florida law requires Seller to correct any alleged default or defect within a shorter period of time, such provision of Florida law is hereby waived. 6.3.1.3 Expiration of Cure Period. Buyer agrees that, other than in circumstances of emeraencv only, Buyer shall seek no remedy against Seller prior to the expiration of the Cure Period. Without limiting the foregoing, Buyer shall not bring any litigation against Seller respecting the Unit until the expiration of the Cure Period. Seller shall have the right, but not the obligation to take action during the Cure Period and/or respond to any notice received from Buyer. 6.3.1.4 Buyer's Obligations to Permit Inspection. Buyer agrees that once Buyer has given written notice to Seller pursuant to Section ~:~3:I:-6.3.1.1_ Buyer shall be obligated to permit Seller and its agents to perform inspections of the Unit and to perform all tests and make all repairs/replacements deemed necessary by Seller to respond to such notice at all reasonable times. Buyer agrees that any inspection, tests, and/or repair/replacement scheduled on a business day between 9 A.M. and 5 P.M. shall be deemed scheduled at a reasonable time. '~ ~ The rights reserved in this Section 6.3.1 include the right to Seller to repair or address, in Seller's sole option and expense, any aspect of the Unit deemed defective by Seller during its inspection of the Unit. Seller shall ~) only enter the Unit to conduct such inspections or tests with prior notice to Buver: (ii) Seller shall. conduct such. inspections and tests in a manner that does not interfere with anv business activities or o~aerations in the Unit_ and (iii ret~air anv damage done to the Unit as a result of anv inspections or tests and shall indemnifv and hold the Buver harmless for anv damage resulting from Seller's inst~ections. tests. repairs or replacements, including attorney's fees. The terms of this Subparagraph 6.3 shall survive Closing. 6.4 Closing Inspection. In addition to the inspections permitted during the Inspection Period as defined in Section 14 of this Contract, prior to making the Final Payment and at a reasonable time established by Seller, Seller shall accompany Buyer on a personal inspection of the Unit also known as a "Final Walk-Through Inspection", for the purpose of orienting Buyer with Buyer's Unit and, if necessary, to confirm the condition of the Unit as represented herein. Seller shall be obligated to correct such items that do not conform to the condition of the Unit as represented by this Contract "Punch- list Items"1 within a reasonable period of time after the Walk-Through Inspection. Provided that the completion of all Punch-list Items can reasonably be completed within one (l1 week after the scheduled Closing Date at an a~~re~ate cost not to exceed 5 000.00 Seller's obligation to correct such items shall not be a ground for postponing the Final Payment or Closing Date, nor for the imposition of any condition upon the Final Payment. If all Punch-list Items cannot reasonably be erected to be repaired within (l) week after the scheduled Closing Date at an a ~re~ate cost not to exceed SS_000.00_ then Seller may adjourn the Closing Date for up to fourteen (I4) days to comalete all Punch- list Items. If after said fourteen (l4l day adjournment. all Punch-list Items are not completely repaired, to Buyer's reasonable satisfaction, Buver may elect either to (i) close on its acduisition to the Unit with a reduction to the Purchase Price edual to the 6.5 Final Payment. The making of the Final Payment by Buyer shall constitute acceptance of the Unit "AS IS" and, other than those items which expressly survive Closing in this Contract. constitutes a waiver of all claims by Buyer- - _ .except those arising from (i) unsettled liens ii) Punch-list Items; and (~ ~-iii faulty or defective work appearing after substantial completion resulting in a breach of the Warranty. 6.6 Damage to Unit. If between the date of this ~~ - ~ - - ~ `c'ontract and the Closing the Unit is damaged by fire, natural disaster, acts of terrorism or other casualty, the following shall apply: ~- repairs and delivery to the Buyer of satisfactory evidence that all mechanics. labors and materialmen providing services or materials in connection therewith. have been paid in full. and the Seller's obligation to complete such. repairs romptly shall survive the Closing hereunder. --s- - - -. ,. ~... . W ~ r ,. 6.6.3 Risk of loss to the Unit by fire, natural disaster, acts of terrorism or other casualty from and after Closing is assumed by Buyer and the Association as as ply. Buyer should be aware that the Unit and Condominium, however well constructed, may be subject to damage or destruction by naturally occurring events such as hurricanes and sinkholes. While Seller has no knowledge of sinkholes or naturally occurring gases such as radon in the immediate vicinity of the Condominium, all risks associated with all natural occurrences shall be borne by Buyer from and after Closing. not to terminate; the parties hereto shall proceed to Closing and Seller shall assign all of its right title and interest in all awards in connection with such taking to Buver. 7. REAL ESTATE BROKER(S) 7.1 Broker. Each Party to this Contract represents and warrants to the other that it has not consulted, dealt with, or negotiated with any real estate broker, salesperson or agent other than Chris Lowry of Chris Lowry Realty Services (`Broker")- U „~~~ „and each Party agrees to indemnify and hold the other free and harmless of, from and against any and all claims, demands, actions and causes of action by any Party whatsoever (whether or not meritorious), and all costs, expenses, losses, damages and liabilities that may be incurred or suffered or are incurred or suffered by the other arising from or in connection with any claim that the indemnifying Party has consulted, dealt with or negotiated with a real estate broker, salesperson or agent in connection with the transaction that is the subject of this Contract not named herein. Such indemnification shall also include an amount of reasonable attorneys' fees to the prevailing party in accordance with this Contract. ~°' B~ has made a separate agreement with the Broker and- provided that there is a Closing Buyer agrees to pay the real estate commission due to - _ _-___-_____:-+" _-Broker. It is also acknowledged and agreed between Seller, Buyer and Broker that any commission due any ~:,o-broker is the sole obligation of Broker to pay. Seller shall not be obligated to Broker in any manner for Buyer's acts or failure to act. Neither Seller nor Buver shall be obligated to av anv co-broker in anv manner far Broker's acts or failure to act. 7.2 Marketing. Buyer acknowledges that Seller (and its successors and assigns) will have the right to utilize signs, displays, billboards and advertising materials within the real property which is subject to the Master Declaration. Seller's sales representatives may show Units, erect signs and promote such activity within the real property which is subject to the Master Declaration as Seller deems appropriate. In addition, Buyer acknowledges that Seller will continue to have the right to construct Units and other improvements within the real property which is subject to the Master Declaration. All of the marketing and construction activities may continue until the last Unit has been completed and sold by Seller. Buyer shall not be permitted into any areas where construction is in progress and Buyer shall not interfere with or delay, impede or hinder any of the marketing activities or construction activities within the real property which is subject to the Master Declaration. Seller (i) covenants and agrees that Seller's actions taken under this Section. 7.2 shall not interfere with Buver or Buyer's tenant's use or operation of the Unit or the Condominium and (iil shall indemnifv and hold Buver harmless from anv loss. damage or claims arising under the acts or omissions of Seller. its sales representatives or their respective agents under this Section 7.2. The terms of this Paragraph 7 shall survive Closing and/or the termination of this Contract. 8. DEFAULT 8.2 Default by Buyer. If Buyer fails to perform any one or more of Buyer's obligations under this Contract, including but not limited to Buyer's obligation to Close, through no fault of Seller and Seller is not in default. Buyer shall have ten {101 days from the date written notice of breach is received by Buver from Seller within which to cure such breach. If such default is not susceptible to being cured with ten {I01 davs provided that Buver has commenced to cure with ten (I01 davs written notice of said breach and continues to diligently pursue such cure to completion, Buyer shall have up to thirty{301 davs to cure said default. If Buver fails to cure same in accordance with this Section 8.2. Seller shall have the right to ~ ~~ ,~-retain the Deposit,- __ - - _ ~' _~ _ _ __ ;together with any interest earned thereon, together with any other funds paid by Buyer to Seller hereunder in consideration for the execution of this Contract as liquidated damages, in full settlement of any claims under this Contract, in which case this Contract shall be terminated and the parties shall have no further rights or obligations hereunder ` ~ ~ ~' l~ _' ~ " -~ ~ "_ _ _. If, subsequent to Closing, Buyer fails to perform any one or more of its obliga~i~iis that survive Closing under this Contract, then Seller shall have the right to seek ^°~_~ ~,.~;i.,~,r~ ~+ ~~~~- ^r °~~~~~., specific performance. 8.3 Closing. The default notice and cure periods provided for in the above Sections 8.1 and 8.2 of this Contract shall nat be a~licable for either party's failure to close on the Closing Date. The failure of either party to close on the Closing Date shall. be a default without any cure period. 9. FEES Buyer shall pay for all water, telephone, cable television, sewer, gas, and electric deposit fees, including without limitation, water meter deposits for services rendered and delivered to the Unit after Closing. 10. EFFECTIVE DATE The "Effective Date= of this Contract, for purposes of performance, shall be regarded as the date when the last one of Seller and Buyer has signed this Contract. 11. MISCELLANEOUS 11.1 All of the provisions set forth in this Paragraph 11 and all the representations, duties and obligations of Buyer pursuant to this Contract shall survive Closing. 11.2 Contract Documents, Entire ~ '~ontract and Amendments. This Contract shall consist of this Contract _, all modifications ~_ - - signed by both Buver and Seller, and all addenda executed by both Parties subsequent to the execution of this Contract. This Contract supersedes any and all understandings and agreements between the Parties hereto whether oral or written, and this Contract represents the entire agreement between the Parties hereto with respect to the subject matter hereof. Subiect to the provisions of the Florida Statutes relating specifically to the sale of condominium units no representations or inducements made prior hereto which are not included and embodied in this Contract shall be of any force and effect, including but not limited to any brochure, advertising representation, illustrations or materials, or oral statements of Seller or Broker, and all such representations, statements and agreements are null and void and shall have no effect. This Contract maybe amended, altered or modified only by a written agreement executed by the Parties. 11.3 Conflicting Terms. In the event of conflict, typewritten provisions will control over printed form language, and handwritten provisions will control over both typewritten and printed form language. 11.4 Gender and Number. All terms and words used in this Contract, regardless of the number and gender used, shall be deemed to include any other gender or number as the context or use thereof may require or permit. 11.5 Governing Law and Venue. Buyer certifies that Buyer is executing this Contract while in the State of Florida of Buyer's own volition and that this purchase was not solicited either by telephone or mail in another state. This Contract shall be construed under and interpreted according to the laws of the State of Florida, and venue with respect to any litigation arising hereunder shall be Palm Beach County, Florida. 11.6 Radon Gas. Pursuant to Section 404.056(6), Florida Statutes, Buyer is hereby notified as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has 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 and radon testing may be obtained from your county public health unit. 11.7 Construction Mortgage, and Subordination of Buyer's Rights. ~-}-This *~ontract, and all rights of Buyer to purchase the Unit and all other rights and interests of Buyer hereunder, are and shall be subject and subordinate to the lien, terms and provisions of any and all mortgages and related security agreements and loan documents encumbering the Unit which Seller has executed prior to the Effective Date in connection with the purchase and construction financing of the Condominium- 11.8 Attorneys' Fees and Costs. In connection with any litigation or dispute arising out of this Contract, each party shall bear its own attorney's fees and costs. 11.9 Intentionally deleted. 11.10 Recording. Buyer shall not record this Contract nor any notice thereof in the Public Records of Palm Beach County, Florida, or in any other Public Records. Such recording shall constitute a material breach hereof by Buyer. 11.11 Notices. ,~ - - - . " '-' -~. _ " - :-(-~ ,. " ' -`` All notices and other communications required or per~77ilicd l~~ be given under or in connection with this Contract shall be in writing? and- ~ ~~"' given to Buyer ,~~or Seller via hand u -- ,udelivery to Buyer or S~; ! _= (~~ L i ch includes but is not limited to delivery by courier or Federal Express), or ~.. ~ '~ United States mail, postage prepaid, return receipt requested, addressed to - such Harty and such bartv's mailing address as set forth in this Contract,- ar such other address as shall have been designated in writing by a party. All notices shall be deemed given to - such oarty on the day of hand delivery, one (1) Business Dav after deposited to Federal Express or two (21 Business avs after such. notice was deposited in the United States mail, postage prepaid, return receipt requested; " " - - 11.12 Captions. The captions contained herein are included solely for the convenience of the Parties and do not, in any way, modify, amplify or give full notice of any of the terms, covenants, or conditions of this Contract. 11.13 Waiver. Buyer's or Seller's waiver of any condition or provision of this Contract shall not be construed as a waiver of any other application of that same condition or provision, nor as a waiver of any other condition or provision herein. 11.14 Interpretation. This Contract shall be construed and interpreted in accordance with Florida law and shall not be more strictly construed against one Party, than against the other by virtue of the fact that it may have been physically prepared by one Party or by its attorneys, both Parties (and their respective attorneys, where applicable) having participated in the negotiation of this Contract. 11.15 Time of Essence. Time is of the essence with respect to Buyer's performance hereunder, except where otherwise specifically provided for herein. "_ _, Unless exbressly stated otherwise in this Contract, any reference in this ~``.:'ontract to the time periods of less that six (6) days, shall ~,_ ,aa~~~ ~ ,a~z~~__~ ~_ro.y~~_~~r;~a.~==~_~n=mean Business Days and rc1-~r~li~e in the E'~ontra,:~ ~o time periods ~f six (6) days or more shall; :.. - ~ ~ - _ - ~ mean calendar days. If the last day of any such period is - _ _ - ~ ~ not a Business Dav, the period shall be extended to 5:00 P.M. on the next full Business Dav. As used in this Contract a `Business Dav'' shall be any day that national banks are oben for business in the State of Florida other than Saturdays. Sundays or legal holidays. 11.16 Successors and Assigns. This Contract shall be binding upon and shall inure to the benefit of the respective heirs, personal representatives, successors and assigns of the Parties hereto. This Contract may not be assigned by Buyer. Notwithstanding the fore~oin~~ upon written notice to Seller_ Buyer shall be permitted to assign this Contract to an affiliate or any other entity in which an owner of the beneficial interest of Buyer is an owner of any beneficial interest. 11.17 Partial Invalidity. In the event any term or provision of this Contract is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning, or be construed as deleted as such authority determines, and the remainder of this Contract shall be construed to be in full force and effect. 11.18 Counterparts. This Contract may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument. 11.19 Further Assurances. The Parties agree to execute all future instruments and take all further action that may be reasonably required by any Party to fully effectuate the terms and provisions of this Contract and the transactions contemplated herein. 11.20 Total Purchase Price and Additional Tax. Notwithstanding anything herein to the contrary, the Total Purchase Price of the Unit is established and agreed upon by Seller and Buyer based upon all taxes in existence at the time of execution. All newly created taxes, or any increase in taxes, beyond the control of Seller, shall be Buyer's responsibility and shall be passed directly on to Buyer. Taxes include but are not limited to taxes imposed pursuant to Chapter 212, Florida Statutes, as amended. The terms of this Subparagraph 11.20 shall survive Closing. .. ~~ 11.21 Intentionally deleted. 11.22 Telefaxed Signatures. Signatures may be given via telefax transmission and shall be deemed given as of the date and time of the transmission of this ~"ontract by telefax to the other party. ll.~3 Intentionally deleted. ~y c $. r ., -_ - ~ 11.24 Intentionally deleted. 11.25 Not Binding. This ~" _Contract shall not be binding on Seller until executed by the Mayor of the City of Delray Beach, Florida. i - - -~ - - - - r - ~ -1 -'~ - - - - - - ~ - - _ - - ~ry ll.~6 Intentionally deleted. 11.27 The Seller and Buyer shall comply with the Florida Investment in Real Property Tax ActJWHAT IS THIS? DO YC}IJ MEAN FIRPTA?1. 11.28 SELLER' S GOVERNMENTAL FUNCTIONS. Notwithstanding anything to the contrary contained in this ~ Contract: a. Even though the Seller, in its capacity as the City of Delray Beach ("City"), has certain contractual obligations under this ~ Eti ontract, such obligations shall not relieve any person subject to this ~ Contract from complying with all applicable governmental regulations, rules, laws, and ordinances; b. To the extent approval or permission must be obtained from the City, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and no person shall have any vested rights; c. Subiect to Buvers rights herein including without limitation is rights t~ursuant to Section 82 of this Contract. The City has not waived its sovereign immunity; and d. Any action by City shall be without prejudice to, and shall not constitute a limit on, impairment or waiver of, or otherwise affect City's right to exercise its discretion in connection with its governmental or quasi-governmental functions. 12. ADDITIONAL PROVISIONS 12.1 Completion of Development and Sale. Neither the Buyer, nor its representatives, agents, guests, or invitees shall restrict, interrupt, harass or in any manner interfere with the development, construction, sale or operation of the Condominium or any real property subject to the Master Declaration. Buyer further agrees not to interfere with any workmen at the site of the Condominium or the real property subject to the Master Declaration and that any personal inspection by the Buyer of the Unit before closing, is at the pleasure of the Seller and must be made with a representative of Seller. Neither the Seller, nor its representatives, agents, guests, or invitees shall restrict interrupts harass or in any manner interfere with the use or operation of anv business conducted by Buyer or its tenant at the Unit and the limited common areas appurtenant thereto. Seller further agrees not to interfere with anv workmen at the site of the Unit and the limited common areas appurtenant thereto. The terms of this Subparagraph 12.1 shall survive Closing. 13. IMPORTANT ADDITIONAL DISCLOSURES 13.1 PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE, A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES, IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 13.2 UPON CONVEYANCE AND RECORDING OF THE DEED, BUYER UNDERSTANDS AND AGREES THAT BUYER WILL THEN BECOME A MEMBER OF THE CONDOMINIUM ASSOCIATION. BUYER AGREES TO ACCEPT THE LIABILITY AND OBLIGATIONS OF SUCH MEMBERSHIP. BUYER UNDERSTANDS THAT AS A MEMBER OF THE CONDOMINIUM ASSOCIATION, BUYER WILL BE REQUIRED TO PAY ASSESSMENTS FOR THE CONDOMINIUM MAINTENANCE OF THE COMMON ELEMENTS OF THE CONDOMINIUM, AND COMMON FACILITIES (AS DEFINED IN THE CONDOMINIUM DOCUMENTS) AND FOR SUCH OTHER USES AND PURPOSES AS ARE PROVIDED FOR IN THE CONDOMINIUM DOCUMENTS. BUYER ALSO UNDERSTANDS AND AGREES THAT A FAILURE TO PAY ASSESSMENTS WHEN DUE COULD CAUSE THE CONDOMINIUM ASSOCIATION TO RECORD LIENS AGAINST THE UNIT AND TO FORECLOSE SUCH LIENS. BUYER ACKNOWLEDGES THAT NOMINEES OF SELLER SHALL SERVE AS THE INITIAL OFFICERS AND DIRECTORS OF THE CONDOMINIUM ASSOCIATION AND ARE AUTHORIZED BY BUYER TO ACT FOR AND ON THE BEHALF OF THE CONDOMINIUM ASSOCIATION IN ENTERING INTO ANY AND ALL AGREEMENTS AS ARE PROVIDED FOR IN OR CONTEMPLATED BY THE CONDOMINIUM DOCUMENTS AND THEIR EXHIBITS. BUYER ALSO ACKNOWLEDGES THAT THE PROVISIONS OF THE CONDOMINIUM DOCUMENTS ARE FAIR AND REASONABLE. _____~ _ ti _ _ ' a i n ~ c ~,~ ~.. - - 13.3 Intentionally deleted. 13.4 The Condominium and the Unit will be subject to a recorded Declaration of Master Covenants, Easements and Restrictions for the Old School Square Garage (the "Master Declaration"). The Master Declaration-' ~, which shall be subject to the a t~royal of Buyer taursuant to Section 14.3 of this Contract, will impose: 13.5 Seller hereby discloses and Buyer hereby acknowledges that the lower horizontal boundary limit of the Condominium lies approximately three (3) feet below the existing surface of the unfinished floor of the Unit and the upper horizontal boundary limit lies approximately six (6) inches below the existing pipes and other conduit which are located underneath the second level floor slab of the Garage. Notwithstanding anything to the contrary contained in this -' Contract, the Declaration, the Master Declaration, or any other Title Document or the common law, neither the Condominium Association nor any Unit Owner, including the Buyer, shall have any air rights or subsurface rights in connection with or arising out of the ownership, management, or operation of the Condominium or the Unit. Such air rights and subsurface rights have been expressly retained by the Seller.-_~IMUST DISCUSS RESTRICTIOhIS ON F EL ENT A USES A T .1 14. Conditions Prior to Closing 14.1 Buyer's Inspections and Due Diligence. Buyer shall, within thirty (30) days from the Effective Date ("Inspection Period") determine-`-~ ~ - -- ~- - - - -----®--- -®' ----®----®---®---------., ®-----~® --- ------ ®---- T ---- if the Unit is suitable for Buyer in its sole and absolute discretion. During the Inspection Period, ~Buver shall shave the ~-°~~~~~°'~~'~+° n~ right to determine that utility services including, water, waste water, electric, telephone and all other utilities are available in the proper size and capacity to serve the Unit. Furthermore, it shall be the responsibility of the Buyer to determine whether or not the existing zoning classification of the Unit will permit Buyer to construct, develop and utilize the Unit as a gourmet grocery store. At all times during the Inspection Period, Buyer and its agents shall be provided with reasonable access during normal business hours to the Unit for purposes of on-site inspections. The scope of the inspections shall be determined by the Buyer as deemed appropriate under the circumstances, and may include, at Buyer's option, an environmental audit. 1 _ - -- ~ _4t anv time during the Inspection Period- for anv reason or no reason at all. in Buver's sole and absolute discretion, Buyer shall be entitled to cancel this ~~ontract by providing written notice of cancellation to Seller prior to 5:00 p.m. Florida time on that date which is the second business day next following the expiration of the Inspection Period. If the Buyer timely cancels this ~ ~ `.:"ontract, Buyer shall receive a prompt refund of the Deposit plus interest earned (l~crcon. The failure of Buyer to timely notify the Seller of Buyer's cancellation of this ~~"ontract shall constitute its waiver of its right to cancel based upon this Section 14.1, time being of the essence. Buyer does hereby agree to hold Seller harmless with respect to all inspection activities Buyer conducts on the real property and Buyer's review of any and all documents. Buyer shall indemnify and hold harmless the Seller and its members, agents, employees, officers, commissioners, and directors from and against any and all claims, liabilities, injuries, liens, costs, damages, losses, and expenses, including but not limited to, attorney's fees, arising out of or resulting from Buyer's inspection activities and document review that are not the result of Seller's ne~li~ence or misconduct or anv re-existing condition. The Buyer's indemnification obligation shall survive cancellation or Closing of this ~~~,, „~~~Contract. Upon written request of Buyer during the Inspection Period, Seller shall provide to Buyer (or provide reasonable access) to any plans and specifications surveys, and studies it may have in its possession or control relating to the real property. Buyer's right to inspect and enter onto the real property during the Inspection Period is expressly conditioned upon Buyer's covenant to protect the Seller from the filing of any liens against the real property. In the event that any claims of lien are filed against the real property as a result of labor or services performed or materials furnished to the real property which are requested or ordered by Buyer, the Buyer shall either pay the sum claimed by the lien or bond such claim of lien in the manner permitted by law within five (5) Business Davs after Buyer receives written notice of the existence of the lien. This Buyer obligation shall survive cancellation of this ~` Contract. Buyer, at its sole cost and expense, shall return the condition of the real property to the condition which existed at the time of the Effective Date of this `Contract at the conclusion of any inspections it performs normal wear and tear ~. ~.~~ted. This obligation shall survive the cancellation of this ` Contract. 14.2 Plans and Specifications. - ~ -~ `~ = ~ -~ Buyer shall prepare plans and specifications for the Build-Out of the Unit. Buyer shall deliver to Seller, for Seller's written approval-" ~ ~ - ', Buyer's plans and specifications for the "- Build-Out, including any proposed improvements which must be located outside of the boundaries of the Unit and located upon, through, under or in the real property which is subject to the Master Declaration ("Real Property"). Buyer's plans and specifications shall be subject to the approval of the Seller and the Seller may disapprove of such plans and specifications in its ~__- - - - - - = commercially reasonable discretion. Seller covenants and agrees that provided that the plans and specifications - ~ - - - - - 1 - - - - - - - - -- _ .,. -. - .~~~ 14.3 Governing Documents . During the Inspection Period, Seller and Buyer shall negotiate the terms, covenants, conditions, and other requirements contained in the Declaration of Condominium, the Master Declaration and other instruments which are necessary to define the Buyer's use rights in the real property, including license and easement agreements with respect to appurtenances to the Unit, such as parking spaces, storage areas, air conditioning and heating areas, venting, grease trap area, and garbage collection area- and the creation of the portions of the Storage Area and Garage that are exclusively for the use and benefit of the owner of the Unit and appurtenant to the Unit as Limited Common Elements exclusive to the Unit. Seller covenants and agrees to deliver drafts of all of the aforementioned documentation to Buver within f 1 days after the Effective Date. (Prior to the expiration of the Inspection Period, Seller and Buyer shall enter into the required license and easement agreements, and agree to the form and substance of the Declaration of Condominium, Master Declaration, proposed operating budget for the Condominium and estimated operating budget for the operation, maintenance and repair of the Real Property which is subject to the Master Declaration. - I ASSUME THAT THIS WILL ALL BE IN THE ECLA T T S ECLA: ATI N??j The form and substance of each of the above described documents shall be satisfactory to the Seller's and Buyer's counsel, respectively, in their sole and absolute discretion. Seller and Buver covenant and agree to negotiate in good faith to agree ut~on the form and substance of the aforedescribed documents prior to the expiration of the Investigation Period. In the event Seller and Buyer fail to agree upon the form and substance of the aforedescribed documents before the expiration of the Inspection Period, then either Seller or Buyer may cancel this Contract by delivering to the other party written notice of cancellation within fourteen (14) calendar days after the expiration of the Inspection Period, whereupon the Deposit and accrued interest, if any, shall be promptly be paid to Buyer. Notwithstanding anything to the contrary in this Section 14.3, Buyer acknowledges that the Condominium is located within the Seller's public parking garage and that the roof of the Condominium also serves as the second floor of the Garage on and upon which there will be public vehicular and pedestrian access and traffic. PLEASE ADVISE AS TO THE STRUCTURE OF THE COND{JMINIUlVI AND S C ECLA AS C A IAST>J ECLA: _ATI N.1 Buyer agrees that, at minimum, the following use restrictions will be included in the Declaration of Condominium and Master Declaration, and in a separate instrument executed at Closing by Buyer and recorded in the Public Records of Palm Beach County, Florida: 1. Buyer's use of the Unit shall be restricted to a gourmet food market for retail sale of meat, poultry, fish, vegetables and similar items for retail sale, unless otherwise agreed upon by Buyer and Seller. Buyer may prepare and cook food and baked goods in the Unit. However, Seller makes no representation or warranty that the Unit can be utilized in the manner which is contemplated by Buyer and such use shall be subject to all applicable governmental rules, laws, regulations and ordinances. WEED TO DISCUSS POTENTIAL FOR OTHER USES.1 2. Buyer shall install, at its sole cost and expense, a venting system for cooking equipment, a grease trap, and garbage disposal system which will prevent disposed food and other biodegradable matter from causing odors, litter, or other related nuisances. At minimum, the exterior garbage disposal container shall be refrigerated and purchased and maintained at Buyer's sole cost and expense. 3. Intentionally deleted. 4. The times of operation of the Buyer's business and deliveries to the Unit shall be regulated to protect the peaceful and quiet enjoyment of adjoining property owners, consistent with applicable governmental rules, laws, ordinances, and regulations. 5. Buyer shall not be permitted to further subdivide the Unit without the express consent of the Seller. 6. Buyer shall have no right to utilize the name "Old School Square" except as it is contained within the name of the Condominium. 7. Buyer's use of and activities in the Condominium, Garage and Unit shall not, directly or indirectly, cause the bonds which were utilized by Seller to finance the Garage to lose their present exemption or qualified status. [SELLER TO ADVISE NOW. BEFORE DILIGENCE COSTS ARE INCURRED BY BUYER. IF T S ANY ISSUES. 14.4 This Contract is contingent upon the Seller's determination, through the opinion of Seller's bond counsel, that the covenants, terms, conditions, and responsibilities contained in this Contract and the documents referenced in Section 14.3 of this Contract, shall not cause, either directly or indirectly, cause the bonds which were utilized by Seller to finance the Garage to lose their present exemption or qualified status. In the event Seller determines that any of the aforedescribed agreed upon conditions, 15. Buyer represents the it has the authority to enter into this Contract, and the financial ability to close this transaction in accordance with its terms, and it has been properly organized and is in good standing as a 16. Seller hereby represents and warrants to Buyer as follows: (A) Seller is a Florida Municipal Corporation duly organized; existing; and in good standing under the laws of Florida. Seller has full power and authority to own and sell. the Property and to comfy with. the terms of this Contract. (B) The execution and delivery of this Contract by Seller and the consummation by Seller of the transaction contemplated by this Contract are within. Seller's capacity and all reauisite action has been taken. to make this Contract valid and binding on Seller in accordance with its terms. (D1 Seller is the owner of marketable title to the Unit_ free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions. (E) There are no actions, suits, proceedings or investigations (including condemnation proceedin~sl pending or~ to the knowledge of Seller threatened against Seller or the property and Seller is not aware of any facts which might result in any such action. suit or proceeding. If Seller is served with process or receives notice that litigation inay be commenced against it, Seller shall promptly notify Buver. {Gl No portion of the Condominium is affected by anv outstandin~~ecial assessments or impact fees imposed by any governmental authority. (I) Seller has no information or knowledge of (a) any change contemplated in anv governmental requirement, {bl anv iudicial or administrative action, (c) any action by adiacent landowners. or (d1 any other fact or condition of anv kind or character which could materially adversely affect the current use or operation of the Condominium. {Jl Seller is not currently contesting any real estate tax assessments for the Condominium. The heating. electrical~blumbin~. air conditioning. building equipment are free from defects and in good condition and working order and adequate in quantity and quality for normal. operations. The roofs of all of the Condominium are free of ohvsical leaks and are watertight. (1V1) All water; storm and sanitary sewer;~as, electricity. telephone and other utilities seryin~ the Condominium are, or will be, subt~lied directly to the Condominium by facilities of t~ublic utilities. (N) Seller will use its best efforts not to cause or hermit anv action to be taken which would cause any of the fore~oin~ ret~resentations and warranties to be untrue as of the Closing Date. Seller agrees to immediately notify Buyer in writing of anv event or condition which occurs prior to Closin~e which causes a change in the facts related to or the truth of anv of the above rebresentations. IN WITNESS WHEREOF, the Parties have executed this Contract on the dates set forth under their respective signatures. SELLER: Witness Witness Witness Witness CITY OF DELRAY BEACH, Florida Municipal Corporation By: Rita Ellis, Mayor Date BUYER: Buyer Date Document comparison done by Workshare DeltaView on Wednesday, June 25, 2008 1:47:20 PM Input: Document 1 file://G:/W-JAP/38672 - Westrock/0001/City PSA - Sample.doc Document 2 file://G:/W-JAP/38672 - Westrock/0001/City PSA r1.doc Rendering set swmwas standard Legend: Insertion Style change Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 214 Deletions 166 Moved from 7 Moved to 7 Style change 0 Format changed 0 Total changes 394 MEMORANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: June 26, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JULY 1, 2008 ORDINANCE N0.28-08 ITEM BEFORE COMMISSION The item before the City Commission is that of approval of a privately initiated amendment to LDR Sections 2.2.6(D)(6) and 4.5.1(J)(3), to specify that if the Historic Preservation Board (HPB) denies any variance request, the applicant and/or its agent may appeal such variance decision directly to the City Commission pursuant to the requirements of Section 2.4.7(E). BACKGROUND The subject LDR Amendment (Ordinance 28-08) has been privately-initiated in order to allow variances denied by the HPB to be appealed to the City Commission rather than the Circuit Court of Palm Beach County. The amendment would be retroactive to January 1, 2008. Variances heard by the HPB are applicable only to properties within the historic districts and those which are individually listed on the Local Register of Historic Places and are subject to different review criteria than variances reviewed by the Board of Adjustment (BOA). In addition, variances are often utilized as a way of encouraging the retention of historic structures and providing additional flexibility in historic areas of the City. Given the different standards, findings, and goals of variance requests between HPB and BOA, it is reasonable to treat appeals of these variances differently. Appeals of variances considered by the BOA are appealed to Circuit Court whereas this amendment requests the appeal of HPB variances to the City Commission. The proposed amendment language is currently limited to appeals by the applicant and/or agent and to those variances which have been denied. Staff suggests that all variances, approved or denied, be appealable by any applicant, agent, and/or aggrieved party to the City Commission as reflected in the attached staff version of the ordinance. The amendment also proposes retroactive language which would be applicable to those variances acted upon by the HPB since January 1, 2008. This would affect two development applications; one was approved for signage at the La France Apartments, and the other, a Class V Site Plan application, was denied. An appeal of that denial was submitted and the appeal is awaiting consideration of this amendment by the City Commission. It is noted that the aggrieved party (project applicant) who submitted the appeal is also the applicant of the subject amendments. REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed the subject amendments at its meeting of June 5, 2008 where a recommendation of approval was made subject to the following: 1. That the language be revised to also include those variances approved by the HPB, and; 2. That the retroactive language be removed and the effective date occur upon second reading. The Planning and Zoning Board reviewed the subject amendments at its meeting of June 16, 2008 where a recommendation of approval was made subject to the revision that the amendment be applicable to all variances acted upon by the HPB, whether approved or denied, and including the retroactive language of January 1, 2008. RECOMMENDATION By motion, approve on first reading Ordinance 28-08 to amend Land Development Regulation Sections 2.2.6(D)(6) and 4.5.1(J)(3), allowing variances acted upon by the HPB to be appealed to the City Commission retroactive to January 1, 2008, with the recommended revisions that all variances acted upon by the HPB, whether approved or denied, be appealable to the City Commission by any applicant, agent, and/or aggrieved party. Second reading would be scheduled to occur on July 15, 2008. ORDINANCE NO. 28-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.2.6(D), "DUTIES, POWERS, AND RESPONSIBIL,TTIES"; SECTION 4.5.1(J), "HISTORIC PRESERVATION BOARD TO ACT ON VARIANCE REQUESTS", TO PROVIDE THAT APPEALS OF DECISIONS OF THE HISTORIC PRESERVATION BOARD REGARDING VARIANCES SHALL BE TO THE CITY COMMISSION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 16, 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 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, 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(D), "Duties, Powers, and Responsibilities", 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) Duties, Powers, and Responsibilities: (1) Develop, maintain, 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, information, 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 possible 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 4.51(E)(8) with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, lot coverage, and square footage, and other criteria set forth in Section 4.5.1. (5) Make 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(B)]. Any meal from the a~roval or denial of a variance by the Historic Preservation Board shall be directly to the City Commission. (7) Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for historic sites and within historic districts. Such guidelines will be subject to review by the Site Plan Review and Appearance Board and 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 Review Board. 2 ORD. NO. 28-08 (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) Make 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. (ll) 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 property to further the purposes of historic and heritage conservation and preservation. (14) Make recommendations to the Commission, and by referral to the Planning and Zoning Board, 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. (17) Execute any other functions which may be approved by ordinance or resolution of the Commission. 3 ORD. NO. 28-08 (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. (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 3. That Section 4.51(J), "Historic Preservation Board to Act on Variance Requests", 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: (J) Historic Preservation Board to Act on Variance Requests: Pursuant to the powers granted in Section 22.6(D), the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board may be guided by the following as an alternative to the criteria normally used by the Board of Adjustments. (1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. (d) The variance requested is the minimum necessary to preserve the historic character of a historic site or of a historic district. (2) Or, as an alternative to subsection (J)(1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: 4 ORD. NO. 28-08 (a) A variance would not be contrary to the public interest, safety, or welfare. (b) The variance would not significantly diminish the historic character of the Historic District or Site. (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. (3)The Board shall otherwise follow all procedures and impose conditions as required of the Board of Adjustments when acting on a variance. Any appeal from the approval or denial of a variance by the Historic Preservation Board shall be directly to the City Commission. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading and any variances ruled upon by the Historic Preservation Board on or after January 1, 2008 shall be subject to the provisions of this Ordinance. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 ATTEST MAYOR City Clerk First Reading Second Reading 5 ORD. NO. 28-08 WEINER, ARONSON & MANKOFF, P.A. ATTORNEYS AT LAW 10 S.E. 1StAvenue Delray Beach, Ff_ 33444 Telephone: (561} 285-26.66 Tefecopier: (561) 272-6831 E=mail: mweiner~zonelaw.com MICHAEL S. WEINER CAROtEJ.ARONSON JASON S. fYIANKOFF May 2, 2008 KERRY D. $AFIER STEPHEN B. GEBEi.OFF ya Hand Deliverer Mr. Paul Dorling Director pf Planning and Zoning Gity of Delray Beach 100 N.W. 15f Avenue Delray Beach, Florida 33444 Re: Amendmen# #o tared Development Regulations Dear Paul: ~~~ ,E MAY 0 ~. 208 ; i~if E 4~~.P.l~?~llti ~ ~ ~Cl;~~~~1t:~ Pursuant to Section 2.4.5(M} of the City of Delray Beach Land Development Regulations (°LDRs"}, please consider fhis a format fetter of request for an. amendment to the LDRs_ This request includes the following: 1. Draft of an Ordinance amending LDR Sections 2.2.6(D)(6) -and 4.5.1(J)(3} to permit appeals of variances denied- by the Historic Preserrration Board to be heard by the City Camrnission; 2. Justification for the Amendmen# to the LDRs including a recent article from the Boca Raton News as support documenting that other municipalities have recognized the same shortcomings in their codes and are rectifying this shortcoming; and 3. The processing fee in the amount of One Thousand Five Hundred Dollars- ($1,500.00). Since no plan analysis is required, I am respectfully requesting that this matter be placed. on the May 19, 2008 Planning and Zoning Board agenda if at all possible. If you would f Ice to meet to discuss this request, please let me know and I will be happy to do so. Thank you very much for your assistance in this matter. Very.truly yours, /~ Michael S. Weiner MSW:aIv enclosures cc: Susan Ruby, Esquire {wl enclosures) Jason S. Mankoff, Esquire (wf enclosures). ORDINANCE NO. XX-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FT..ORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.2.6, `°I'HE HISTORIC PRESERVATION BOARD", SUBSECTION 2.2.6(D}(6}, "DUTIES, POWERS; AND RESPONSIBILITIES" AND SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION 4.5.1{Jx3); "HISTORIC PRESERVATION BOARD TO ACT QN VARIANCE REQUESTS" TO PERMTT APPEALS OF VARIANCES DENIED BY THE HISTORIC PRESERVATION BOARD TO BE HEARD BY THE CITY COMM[SSION; 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 an , 2008 and voted to to the amendments; and WHEREAS, pursuant to Florida Statute 163.3174(4){c}, the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6{D){6}, "Duties, Powers, aid Responsibilities" of the Code of Ordinances of the Land Developmeht Regulations of the Gity of Delray Beach, Florida, b~, and the same is hereby amended to read as follows: (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 Historic. Preservation .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(B)]. If the Historic Preservation Board denies an variance re nest the a licant and/or its went may_appeal such variance decision directly to the City Commission pursuant to the re uirements of Section 2.4.7E . Section 2. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(J){3}, "Historic Preservation Board to Act on Variance Request", of the Code of Ordinances of the Land Development Regulations of the City pf Delray Beach, Florida, be, and -1- the same is hereby amended to read as follows: {3) The Historic Preservation Board shall otherwise follow all procedures and impose conditions as required of the Board of Adjustments, except if the Historic Preservation Board denies an variance re uest the a' licant andlar its a ent ma. a cal such variance decision of the Historic Preservation Board directl to the Ci Conunission ursuant to the re uirements of Section 2.4.7.E . 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 shah not affect the validity of tl#e remainder hereof as a whole or part thereof other than the part declared to be invalid. Section ~. That all ordinances or parts of ordinances in conflict herewith be, and the same azs hereby repealed. Section 5. That, this ordinance shall become effective upon its adoption on second and final reading. An decisions made b the Historic Preservation Board on or after J'an i 2008 are subYect to the:provision~;ofthis ordinapce PASSED AND ADOPTED in regular session on second and fir#al reading on this the day of , 2008. r MAYOR~.._ ATTEST: City Clerk First Reading Second Reading -2- Justification This amendment is to the Land Development Regulations for the purpose of allowing appeals of variances denied by the Historic Preservation Board ("HPB"} to be heard by the City Commission. Pursuant to LDR Section 2.2.6(D){6), the HPB is empowered to grant variances from existing ordinances from properties designated as historic si#es, within designated historic districts or listed on the Local Register of Historic Places. This power is pursudnt to the requirements of LDR Section 4.5.1(J} which states that the Historic Preservation Boars shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments [sic]. In acting on such variance requests the Board may be guided by alternative criteria than normally used by the Board of Adjustments {sic]. This criteria is more akin to the requirements of a waiver than of a variance. LDR Section 2.2.4{D){8} stags that all decisions of the Board of Adjustmen# are final and that ar3y person or persons of any Board, Taxpayer, Department Board, or Bureau of the City aggrieved by any decision of the Board of Adjustment may seek review of such decision in the Circuit Court of Palm Beach County. The operative language in the current LDRs is that decisions o€ the Board of Adjustment are final The LDRs clearly do not. state. that all variances shalt be appealed to the Circuit Court of Palm beach Gounty. In fact, the LDRs are clear thet only all decisions of the Board of Adjustment are final and that the decisions of the Board of Adjustment are to be appealed before the Circuit Court of Palm Beach County. Although an appeal to the Cifiy Commission of a Historic Presentation Board decision pertaining to a variance is not expressly prohibited in the LDRs, it is nebulous as to whether such an appeal to the City Commission is explicitly permissible. The reason for #his. LDR tent amendment is thus to clarify that such an appeal is in fact permitted in that an appeal of a variance request denied by the HPB should provide the applicant an opportunity to have such appeal presented to the City Commission. It is sound public policy to allow public officials to have the opportunity to make the final decision on such a matter before requiring an applicant to have to file a complaint in Circuit Court. Since it is also clear that the HPB does nQt follow the same procedures as the Board of Adjustment in all instances, it is not necessary that they follow the same variance appeal procedure. As indicated, the HPB has alternative criteria to review variances than the criteria used by the Board of Adjustment in evaluating variances. As such, it is logical that the appeal process be different for appeals of variances before the HPB than far appeals of variances heard by the Board of Adjustment. It is clear that the burden an an applicant for variances before the HPB is less than the burden before the Board of Adjustment. The City Commission should determine i€ the variance is contrary to the pubfic interest, safety or welfare, and whether this burden has been met. Attached to this justification is a recent article from the Boca Ratan hews indicating that the City of Boca Raton has introduced a change in its ordinances to allow an aggrieved party to take an appeal to the City Council of a decision of the Building Board of Adjustment and Appeals. Under the current City Ordinances in Baca Raton, an appeal of the Building Board of Adjustment and Appeals must go to court, although appeals from the decisions of mast. other city. beards, like the City of Delray Beach, are heard by the City Council. The City of Boca Raton is now rectifying this shortcoming in its Code. The City a€ Delray Beach should be persuaded#a consider a similar change. Finally, the amendment is also consistent with and furthers the goals, objectives, and policies of the Comprehensive Plan. 4-~ O m ~ ~, o m o ~ ~ m ~Q ~ ~ m ~ o a (~ Q m U L m ~ ~ ~ LCO N ~ G ~ L O ... .~ m _ U E . v_, ~ ~ N ~ _ ~ C L m __ U N ~ m ~ ~ ~ ¢ j '~ ~ ~ N ~ t o ( C m v ~ ~ 9 ~ U [pp [ U ~ m ~ w ° Q7 c C~ N /~ p ~~. ~ ~ ~ ~ ~ '~ V` ! ~ ~ ~ a m T L T1 ^ ~.+{ V G 'a ~ ~ ~ ~ 3 O ~ m a ~ 4 ~ L ~ m ~ 'C Q~ U C m L' ~ (~ m w j.~ m ~ ay ~I N a D 9 t (~ ~ o ~ ~ C o ~ . m N m O • y . ro Cp O ' C 7. X E ~ ~ y y m a ~ ~ p E c a i E ~ ° ro o ttl ~ W N ~ ~ o m ++""1 • ~ m n y .~ y P~ ~ om. 4 ^~ fl' ~ C ~ L • .C ~ ~ D ~ ~ ~ v ~ 0 3 3 ~ o ~ N '~ ~ ° O m ~ ~ m y ro L9 ~ m `° ~ Lm C 'a L X' O ~ ~ ~ ~ ~ N D ~ c i (~ w .. ~ ~ m L ID • ~ ctl ~ ,.i~ c o as m ~ ~ m V 3 a~ @ ~ C ~ U Q- ° E ~ m ~ ~ ~~ E ~, 3 ~ ~ _ ~ 1C.. LY ~ U r -1-J W !O C O C O p-~ N C O v U d •~o :~ S E ~ a m mo ~• v s ^~r z C N E O n ~7 U m -U ~ °' A "' Q Li t C `' O m ~ 7 ¢ ¢ A m ,. V ~ m f0 7 ~ ~ aE ~ ~ c ~ m ~ i ~ m -gym m-+ m m (~ ~ U Q ~ m ~ ~ io ~ v y O ~ m w "' 9 m C ~ N 3_' y N P Ln O N ~ U y ~ ~ V m 3 ~ - ~R W ~~ a ~ 'ro c g m ~ ~ ~ ~ ~ ~ y m ~ C ~1 ~ ~ ~ p ~, ~ m ~ 3 ~ o L E " _ _ ~ [p S-S ~ VI 7 E U C C C (tl m ~ N ` ~ ~ H T (b ~ GO N ~ " a ¢ p U ~ a ~ m ~ m ~ 'n r J ' + V [~ ~ A7 m ~„ A a ~ ~ ~ E ~ c m '~ ai p o W ~ ¢ rn w c a° ~ ~ m -ma c ~ ~ c°a .Lm.. ~ 'a CL~ ~ •~ m E ~ = o a ~' ~~ o m ~ U O ~ y G ~ _ U m ~ C ~ m ~ -p m ~ c7 ~ C .~+~ O ~y'~ ..w d ~ o y tin m w N o ~+ T m~ y _ . E o W + ~ ~ d m Q m U ~ 'O ~'~ m ~ ~ F F ; V ~~ Q m ~' ~ ~ ~ ~•g m N ~ ~ C ~ m ~ ~ C N Q _ m 7 ~ ~ ~ ~ ~ ~ ~ ~ tU ~ 7 = m O O N O t6 ~ y ` C __ N Q .D N ~ +~-' D ~ ~ a ro ~j C~ 3 ~ c4 a m o ~ m o y m O f--; ~ ~ •D ~ C p~ T UT ~ O 0 Q U O m Y C Gy f0 N ~ Q' ~+ fl,.- v p m w ~ ~ ~ x ~ m m m V O ~ N~ U C ~ U ~ N ~ ~ .L-. G) ~ ~ C fIj ~~ YO m m H 3 m ~ o y ~ 3 °' e 3 ~ m E ~ m ~L ~ n''~ y c m~ m~ v . m y ro v m ~ c ro m ~~ ~ O ~ c~ y EU E o c ¢ a+~ a o`er O M W O~ m~ ~ rn c ~ ~' r L ~ ~ U U C c7 'a m ~ [ $ O mU ~ rU r r r ¢; fp VUj Vi ~ to ~ C C ~ E ^ 03 fD ~ V O ~_ m ~ C 4 ~ o U y' O n ~ (D C 4 ~ ~f0 a ~ '~ U n L ~_ . Gj C ~ o ~' ~ ~ n R 3 0 U . m m U C7 ch ~ ~ ~ m y O al ~ m N 7 ~ ~ ,C dl ~ "-' C U m '(j, 'C ~ ~ ~ ~ O m ro 3 O (Q ~ r ~ m ~' ~ E ro H C m m ~ m L 5 r r WEINER, ARONSON & MANKOFF, P.A. ~ ~ ~J ~ ATTORNEYS AT LAW ~ ~`" 10 S_E. 1St Avenue Defray Beach, FL 33444 Telephone: (5B1) 266-2666 Telecopier. {5.61) 272-683'1 E-mail: jmankoff[,zonelaw. cam MICHAEL S. WEINER CAROLE J. ARQNSON JASON S. MANKOFF May 13, 2008 ~a Hand Delivery `~.~ KERRY D. SAFIER STEPHEN B. GEBEl.OFF Mr. Paul Doriing Susan Ruby, Esquire Director of Planning and Zoning City Attorney City of Delray Beach 20.0 N.W. 1St Avenue 100 N.W. 1st Avenue Defray Beach, Florida 33444 Delray Beach, Florida 33444 Re: Amendment to Land Devetopmen# Regulations Dear Paul and Susan_ In furtherance of our submittal.. of May 2, 2008, far an Amendment. to LDR Sections 2.2.6{D){6} and 4.5:1 {J}(3} to permit appeals of variances denied by the Historic Preservation Board to be heard by the City Commission, enclosed please find Ordinance 5034 of the Gity of Baca Ra#on. Pursuant to LDR Section 2.4.5 {M){2){c), similar ordinances from other municipalities are requested as support- documentation for an Amendment to the Land- Development Regulations. Under the proposed. Ordinance- in t~aea Raton, decisions of The t~aca Raton Be~iider's Board of Ad}ustment and Appeals {"Board"} will be appealable. to the Boca Raton Cit~+ Council. Thy City Codncil shalt then sit in open session as an appeal hoard and hold a pufalic hearing upon the matter and shall either affirm the action of the Board, affirm it wi#h modifications, reverse it or remand it wi#h further consideratian_ Please let me know if this Amendment can be placed on the May 19, 20f38 Planning and Zoning Agenda and the City Commission Agendas of June 3, 2008 and June 17, 2008. Your assistance on meeting these dates. is greatly appreciated and it is understood that this expedited processing is for this limited instance onfy_ Very truly yours, a on S. Mankoff JSM: ek Enclosure Cc: Michael S. Weiner, Esquire Ms. Ashfee L. Vargo }~~i f l ~ `''' tai [~ ~I~ ~Y ~ ~, 20~~ ~: _; ~,; ~5-t~6-' 88 1~, 28 FPOM- 5034 1 3 4 5 6 7 9 lo- ll 12 ~~ I4 ]5 16 17 is f9 'I'-197 P~~3/~@7 F-788 SCRIVENER"S ERROR CORRECTED 4l23I20Q8 AN ORDINANCE OF THE CITY OP BOCA BATON AMENDING SECTIONS 19-75 AND 19-77(5), CODE OF ORDINANCES, RELATING TO APPEALS 01= DECISIONS OF THE BUILDERS' BOARD OF ADJUSTMENT AND APPEALS; PROViD1NG FOR SEVERABII.ITY; PROVIDING FOR REPEALER; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE WHEF~EAS, the City Counci! deems it appropriate for decisions of the Builders' Board of Adjustment gild Appeals #a be appealable to the City Council and hereby amends the Cade of Ordinances; now therefore THE CITY C3F BOCA BATON HEREBY ORDAINS; Section 1. Section 19-75, Code of Ordinances, is amended to read; SeC#ion 19~-75. Board decisions on appeals. (1) Every decision of the board on an appeal shall be final, suEaject #a an a eat b ~~ ~^~ r°~'~'~L-~-art a~~rieued party to the City Council ,. 1 1 2 3 4 5 6 7 s 9 is 11 12 13 14 15 14 17 18 19 20 21 22 23 24 25 26 z~ ~~-~s-~es ~e:zs F~orl- T-x.97 P004/Ot~7 F-788 . The decisian shall be in writing and shall indicate the vote upon the decision. 1=very decisian on an appeal e#l"+se-ef-t-he--~•afF~^~~-and-shall be open to public inspection and shall be deemed rendered when sinned 17y the chairman and filed in the office of the enforcinn official. A copy shall be sent by certifed mai! to th® appellant at the address shown an the application or appeal. (2) The board shall, in every case, reach a decision an an appeal without unreasonable ar unnecessary delay and shall, in all instances, reach a decisian within 10 calendar days from the da#e of the completion of the hearing_ {3) A decision of the board to grant an appeal tram the pravESEOns of the bu~ldmg codes ar to modify or reverse an order or decision of an enforcing official shall specify the manner in which such proposal or modification is to be made; the cnnditians upon which it is to be made, and the reasons therefore. to such cases, the enforcing official shall take prompt action, as necessary, in accordance with such decision. (4) Any_person ac,~clrieved by a decision af, th® br~ard shall file a native of appeal with. the Cit Clerk and a the a livable a eal fee within 30 da s after rendition of the board's decision. The notice of appeal shop specify the„action taken by the board and„_in what resaect the a ellant is a rieved b -such action and th® action which a ellant desires the Cit Council to take with res ect to the decisian of the board. The Cit Council shall sit in a en session as an a eal board as soon as is tactical and hold a ublic hearin u on the matter and steal} either affirm the action of the board, affirm it with,modit~ications, reverse it or remand it far #urth®r consideration. Section 2. Section 19-77, Cade of Ordinances, is amended to read: Sec. '1977. Qperation and procedur®s_ {1) Applications far a variance to Chapter 22, Article III. (a) All applications far a variance to the board shall be in writing on farms prescribed by the City Manager_ The application shat! be signed by the applicant, and if the applicant is not 2 ~~-+uo- ~~ ~~; cis rrsur~- '1'-1~'~ Yi71d5/IOi~'/ N~-Y$8 t the record title owner of the real property involved, the record title owner shall alsn sign the 2 application and the applican#`s interes# in the real property shelf be disclosed. Every application 3 shall be sufficiently detailed to accurately inform the board of the relief requested, the reasons 4 therefore and the provisions of Chapter 22, Article !II .affected thereby. every application fvr a s variance shall be accompanied by the applicable fes. b (b) An application for a variance under this section shall be deemed abandoned 30 7 days after the date k#~e ~epar~er~-ei`-Qevelapmenk Services D~artment notifies the applican# 8 of any deficiencies captained in the application. The Department of Development Services may, 9 upon wrttken request and justification by the applicant, grant not more than one X30-day 1o extension. At the expiration of the 30-day period, or any extension thereof, fhe application shall 1 t automatically expire and become null and void. Permit fees and charges paid at the time of t? application, and plan check fees, shall be refunded, except tha# an administrative fee shall be 13 .retained. 14 (~} Notice of hearing. upon the filing of an application for a variance and the is payment of the fee, the Development Services Department shall 16 (a} Set the application for a variance for a public hearing before the board. ~~ (b) Prior to the public hearing, transmit a copy of the application for a variance to the 1$ Municipal Services ©epartment, and the Development San+ices Department and the Municipal i9 Services Department shall submit advisory reports and recommendations on the application for 20 a variance to the board prior to the date of public hearing. 21 (c) Cause notice of the public hearing to be published in a newspaper of general 22 circulation in Boca Raton at least 7 days prior to the date of the hearing. A copy of the notice of 23 hearing steal! be mailed by certified mail, return receipt requested, to the applicant and to all the 24 owners of waterfront property within a 500 feet radius of the dock location. The record praperky 2s owners list shall be the mos# current county property appraisers property owners list. The actual 26 cos# for the publication of notice and the mailing of rratice to owners of real property shall be 27 paid by fhe applicant prior to the board's hearing. 3 t~5-~6-'88 18:28 FROM- T-197 Pfl~6/ei~7 F-788 t (3) Public hearing. At the public heating the board shalt consider the Testimony and z exhibits of the applicant, the city staff and all interested members of the public, 2nd then act 3 upon the application for relief. Ever}r decision of the board shall be by a written resolution which 4 shall Contain a detailed record of the fndings of fact and conclusions of Taw of the board. S (~#) Voting requirements. Each decision of the board which grants a variance shall be 6 adopted only upon the affrmative vote of 213 of those members present and vo#ing. 7 (5) Rendition of decisions and appeals. Each resolution of the board Shall be 8 deemed rendered when signed by the chairman and filed in the Office of the Ciky Clerk_ Anv 4 persan_actc~rieyed by a resolution of the board 5h~11 frle a notice of appeal with th,e.Ci...y Clerk and t0 pay the applicable appeal fee within 30 days after rendition of the board's,resoiution. The notice l1 of a eel shall s eci the action taken b the board and in what res ect the a ellant is t2 a riQVad b such action and the action which a ellant desires the Cit Council fa take with t3 res ect to the resolution of the board. The Ci Council shatl sit in a en session as an a cal t4 board as soon as is prattiGal and hold a public hearinra upon the matt~r,.,_a~rtd shall either affirm is the action of the board,_ affirm, ,it ,with modifications. reverse.,t or remand it for further 16 CpnSid~ratl0n.~1 , t7 ,The t8 City Manager shall not authorize the issuance of any building permits upon the authority of a 19 resolution of the board until 30 days have expired after the date of rendi#ion of such resolution 2Q (or such additional time period at#ributable to the pend~n,G,„y., of ,an appear. 21 Section 3. If any section, subsection, clause or provision of this ordinance is held 2z invalid, the remainder shall not be affected by such invalidity, 23 Section a_ Ail ordinances and resolutions or pars of ordinances and resole#ions and 24 ali sections and perks of seckions in conflict herewith shall be and hereby are repealed. zs Section 5. Codification of Phis ordinance in the City Code of Ordinances is hereby 26 authorized and directed. 27 Section B. This ordinance shag take effeo# immediately upfln adoption. 4 I 3 4 5 6 7 s 9 10 !1 lz 13 14 15 16 17 18 19 20 21 zz z~ 05-86-'fl8 10:28 FPOM- T-197 P807/~~7 F--788 PASSED AND ADOPTED by the City Council of the City of Boca Raton this day of ,zoos. ATTEST: Sharma Hagerty, City C[erK CITY OF i3QCA BATON, FLORidA Susan Wheichei, Mayor Approved as tQ dorm: Diana Grub Friesen City Attorney 00$11 R CQUNCIL VQTE YES NQ AB5TAINED MAYOR SUSAN WH>*LCHI=1. DEPUTY MAYOR PETER R. BARQNQFF COl1NGIL M~fVISER M. ,I. MIKIr-ARTS CQIJNCIL MEMBER BILL HAGI=R COUf~ICIL MEMBER:SUSAN HfAYNIE 24 5 PLANNING AND ZOI~[ING BOARD MEMORANDUM STAFF REPO`RT- MEETING OF: JUNE 16, 20US ITEM: AMENDMENT TO LDR SECTIONS 2.2.6(D)(6) AND 4.5.1(J}{3), TO PERMIT APPEALS OlF VARIANCES DENIED BY THE HISTORIC PRESERVATION BOARD TO BE HEARD BY THE CITY COMMISSION. -- --_ ~17~M BEI`ORfc THEBOARD ~~~ The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated amendment to LDR Sections 2.2.6(D)(6} and 4.5.1(J)(3), to specify that if the HPB denies any variance request, the applicant and/or its agent may appeal such variance decision directly to the City Commission pursuant to the requirements of Section 2.4.7(E}. 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. = w__ BAGS-~RQ~J:hEE~:7 LDI~A-NIENDMI~NT DES-CR-~.PTION . The subject LDR Amendment (Ordinance 28-08) has been privately-initiated in order to allow variances denied by the HPB to be appealed to the City Commission rather than the Circuit Court of Palm Beach County. The amendment would be retroactive to January 1, 2008. Pursuant to LDR Section 2.2.6{D)(6), the Historic Preservation Board acts in lieu of the Board of Adjustment for variance requests related to property within the City's five (5) historic districts, as well as all Individually Listed properties. Appeals acted upon by bath the Board of Adjustment and the HPB are heard by the Circuit Court of Palm Beach County. Variances heard by the HPB are reviewed by criteria noted in LDR Section 4.5.1 (J) which takes into consideration the historic configuration of the land andlor the original development of the property (see Appendix A}. HPB variances are utilized as a planning tool to provide an incentive for development which encourages the rehabilitation and reuse of his#oric structures, while discouraging the demolition of historic structures and subsequent reconstruction. The differing review criteria was further emphasized when the City Commission considered revising the City's development fees as it was recommended that -the HPB variance application fees be significantly less than those charged for the Board of Adjustment, to encourage applicants to seek variances when appropriate. The amendment also includes language to apply it retroactively- to January 1, 2008. This amendment would affect two (2) applications containing variance requests which have been considered by the HPB since January 1, 2008. The first, located at 36 SE 1St Avenue, was heard by the HPB at its meeting of March 6, 2008 and requested approval of four (4} variances to the lot coverage, front setback, side street setback, and the' side interior setback. While Staff supported the project by recommending approval, the requests, along with the associated Class V Site Plan application, were denied by the HPB, citing a failure to make positive findings with the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. As a result, the Site Plan application has been appealed to the City Commission -and is expected to be heard at its regular meeting of August 5, 2008. Therefore, if the subject amendments are .approved by the City Commission, the aforementioned appeal will include the Planning and Zoning Board Staff Report Ordinance 28-08; LIAR Amendment to Permit Variances Heard by the HPB to be Appealed to the City Commission variances associated with the 36 SE 1St Avenue Class V Site Plan application. The second, located at 140 NW 4t" Avenue, was heard by the HPB at its meeting of April 2, 2008, and requested approval of a variance pertaining to the signage type and location. The variance request was approved and the signage has been installed. As previously noted, the request specifies that those variances denied by the HPB would be appealed to the City Commission. However, Staff recommends that the language be more generic to include all variances, both approved and denied by the HPB. This recommendation is further explained within the analysis below. LDR AMENDMENT ~h-N~-LYS}S REQUIRED FINDINGS LDR Secfion 2.4.5(M)(5) (Findings): Pursuant fo LDR Secfion 2.4.5(M)(5) (Findings), in addition to LDR Section 7.?.fi(A), the Cify Commission must make a finding that the text amendmenf is consisfenf with and furthers fhe Goals, Objecfives and Policies of fhe 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. Fufure Land Use Elemenf Obiective A-4 The redevelopment of land and buildings steal! provide for the preservation of historic resources. The objective shall be met through continued adherence to fhe City's Historic Preservation Ordinance and fhe following policies: Future Land Use Policy A-4.T Prior to approva! ar recommending approval of arty land use or development application for property located within a historic district or designated as a historic site, fhe Hisforic Preservation Board must make a finding That fhe requested action is consistent with the provisions of Secfion 4.5.9 of the Land Development Regulations relating fo historic sites and districts and the "Delray Beach Design Guidelines': Fufure Land Use Policy A-4.2 In order to protect the City's historic resources, fhe Land Development Regulafions shall include provisions for designation of hisforically slgnifrcanf buildings, structures, archaeological sites, ar disfricts. The City shall conduct periodic neighborhood surveys to identify and evaluate patentia! historic resources. 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. Planning and Zoning Board Staff Repprt Ordinance 28-d8; LDR Amendment to Permit Variances Heard by the HPB to be Appealed to the City Commission Housr"nq Elemenf Obiecfive A-90 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housin Elemenf Polic A-1Q.? This objective will be implemented in accordance with the standards and criteria of Section 4.5.9 of the Land Development Regulations, Historic Preservation Sites and Districts. The proposed amendments will continue to provide for the preservation of historic resources, as is currently provided and will continue to support the conservation and rehabilitation of historically significant housing. Whether or not a variance is appealed to the Circuit Court or to the City Commission will not be contrary to the Comprehensive Plan. Therefore, op sitive findings can_be made as the proposed LDR text amendments are consistent with and_further the Goals, Objectives and Policies of the Comprehensive Plan Future Land Use and Housing Elements, subject to conditions. ANALYSIS The subject LDR Amendments will allow the appeal of variances acted upon by the HPB to the City Commission, as opposed to the Circuit Court. Variances heard by the HPB are applicable only to properties within the historic districts and those which are individually listed on the Local Register of Historic Places. Subsequently, they are subject to different review criteria than those reviewed by the Board of Adjustment (see Appendix B). In addition, variances are afforded to the aforementioned property types as a way of encouraging the retention of historic structures and provide additional flexibility in older areas of the City. The proposed amendment specifies that those variances which have been denied may be appealed to the City Commission. Staff suggests that all variances be appealable to the City Commission, whether approved or denied, as there may be an aggrieved party in both situations. In addition, the amendment would be applicable to those variances acted upon by the HPB since January 1, 2DD8. As noted above, there have been two development applications which included variance requests, one of which was denied and an appeal was submitted to the City Commission. The appeal is awaiting consideration by the City Commission, and the subject amendments would apply to that project. `~ REVIE~~ T-MEt~~ - ; The Historic Preservation Board (HPB) reviewed the subject amendments at its meeting of June 5, 20D8 where a recommendation of approval was made subject to the following: 1. That the language be revised to also include those variances approved by the HPB, and; 2. That the added language in Section 5 which states "Any decisions made by the Historic Preservation Board on or after January 1, 2008 are subject to the provisions of this ordinance" be removed. =~~ `~~T_I<RNAT'N~E,ACTLOr .: __.. ~ ~. A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulation Sections 2.2.6(D)(6) and 4.5.1(J)(3), Ordinance 28-08, allowing variances acted upon by the HPB to be appealed to and heard. by the City Commission, by adopting the findings of fact and law contained in the staff report, and finding that the text Planning and Zoning Board Staff Report Ordinance 28-08; LDR Amendment to Permit Variances Heard by the HPB to be Appealed to the City Commission 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 Regulation Sections 2.2.6{D)(6) and 4.5.~(J){3), Ordinance 28-08, allowing variances acted upon by the HPB to be appealed to and heard by the City Commission, by adopting the findings of fact and iaw 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}. Motio_n___to be phrased in the affirmative. See above. w ~ W Y ~ ~ ~, ~-- f2ECOMMENDED ACTION -- :~ - Recommend approval to the City Commission of the amendment to Land Development Regulation Sections 2.2.6(D)(6} and 4.5.1(J}(3), Ordinance 28-08, allowing variances acted upon by the HPB to be appealed to and heard by the City Commission, 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) subject to the revision that the amendment be applicable to all variances acted upon by the HPB, whether approved or denied. Attachments: • Appendix A ~-LDR Section 4.5.1 (J) • Appendix B -LDR Section 2.2.4(D} • LDR Amendment Request Letter and Backup - - - Planning and Zoning Board Staff Report Ordinance 28-08; LdR Amendment to Permit Variances Heard by the HPB to be Appealed to the City Commission ~, ~A~ APPENDIX A - ~~,: ~`~:~ ~ ` ~" LDRSECTION 4.51"(J); ~- ~. (J) Historic Preservation Board to Act on Variance Re uests: Pursuant to the powers gran#ed in Section 2.2.6(D), the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board may be guided by the following as an alternative to the criteria normally used by the Board of Adjustments. ('[} That a variance is necessary to maintain the historic character of property through demonstrating that: {a) A variance would not be contrary to the public interest, safety, or welfare. {b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the carne zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. {c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. {d} The variance requested is the minimum necessary to preserve the historic character of a historic site or of a historic district. (2) Or, as an alternative to subsection (J}('I ), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A variance would not be contrary to the public in#erest, safety, or welfare. (b) The variance would not significantly diminish the historic character of the Historic District or Site. (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. {3)The Board shall otherwise follow all procedures and impose conditions as required of the Board of Adjust_m_ents. _ a - - ~ - ~- Planning and Zoning Board StafF Report Ordinance 28-08; LDR Amendment to Permit Variances Heard by the HPB to be Appealed to the City Commission APREN©lX B _. ~_ , t~DR_SEC~TIQ~Gl2~2x4(D~: =~ ~~ `_-~ ~- 2.2.4{D} Board of Adjustment Duties Powers and Res onsibilities: (1) The Board hereby has the authority to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Chief Building Official, with the exception of interpretations of use matters and other items specifically preempted or granted to others pursuant to these Land Development Regulations. (2) The Board, so long as its actions are in conformity with the terms of these Land Development Regulations may reverse or affirm, wholly or partly, or may modify the order, requirement, or decision, or determination appealed from and may make such order, requirements, decision, or determination as ought to be made, and to that end shall have powers of the Chief Building Official from whom the appeal is taken. (3) The Board has the authority to take action on duly fled appeals with respect to the action of the Chief Building Official concerning interpretation, administration, or enforcement of the following: (a) Building Code, Article 7.1, except Sections 7.1.5 through 7.1.7 (b) Electrical Code, Article 7.2 (c) Gas Code, Article 7.3 (d) Housing code, Article 7.4 (e} Mechanical Code, Article 7.5 (f) Plumbing code, Article 7.6 (g) Elimination ar Repair of Unsafe Buildings, Article 7.8 (h) Moving of Building, Article 7.10 (4) The Board hereby has the authority to grant variances and hear appeals from the provisions of: (a) The General Development Standards set forth in Section 4.3. (b) Regulations found in the Flood Damage Control Overlay District, Section 4.5.3. (c) The supplemental district regulations (Article 4.6) except where said authority is expressly prohibited or granted to others. (d) l=ire Prevention Codes, Chapter 96 of The City Code, per Section 96.06. (e) "District Regulations and Incentives" in Section I of the Beach Property Owners Design Manual for North Beach & Seagate Neighborhoods as set forth in Section 4.5.13. (5) The Board has the authority to grant variances to the Noise Code pursuant to City Cade Section 99.30. (6) The Board shall be prohibited from considering: (a) Use variances, (b) architectural elevations, (c) landscaping plans, (d) Variances for signs and signage, (e) Any variance action within a designated Historic Preservation District or upon a Historic Site, (f) Variances to height regulations. (7} Ta provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan. (S} All decisions of the Board of Adjustment are final. Any person or persons, or any Board, Taxpayer, Department, Board, or Bureau of the City may aggrieve any decision of the Board of Adjustment and may seek review of such decision in the Circuit Caurt of Palm Beach County.