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×ÎËêÜÏÙÎÆÜÄôÏÖËÜÕÜÐÜÏÙüÏÚÕÎËíÜËÒÜÊÆØÑÑÜÊÜÑÎÏÖüÉÑÜÏÉÔÚüÇØÏÈØ×ËÎÐçØÏØÉÔÜÏùËÔÇØ ÉÎü ü×ËÎÐ ÜÐÈÏÉÔÑÜÍÍËÎÅÔÐÜÉØÑÄ ÜÐÚÎÏÉÔÏÖØÏÉÈÍÎÏËØÚØÔÍÉÎ×ÜÚØËÉÔ×ÔÚÜÉØÎ× ÑÔÜÛÔÑÔÉÄÔÏÊÈËÜÏÚØÜÏÙÜÏØÅØÚÈÉØÙÕÎÑÙÕÜËÐÑØÊÊÜÖËØØÐØÏÉ ëøçôøæî÷üííøüñüûñøñüïùùøçøñîíðøïéûîüëùüúéôîïêüÚÚØÍÉÉÕØÜÚÉÔÎÏÊ ò ÜÏÙÙØÚÔÊÔÎÏÊÐÜÙØÛÄÉÕØñÜÏÙùØÇØÑÎÍÐØÏÉûÎÜËÙÊ×ÎËÉÕØÍØËÔÎÙïÎÇØÐÛØË ÉÕËÎÈÖÕ ïÎÇØÐÛØË üæüëùî÷ûôùêüïùúîïéëüúéê ñ úÎÏÉËÜÚÉÜÆÜËÙÉÎóúôóÜÙØúÎÐÐÈÏÔÚÜÉÔÎÏÊôÏÚÔÏÉÕØÜÐÎÈÏÉÎ× ×ÎËÉÕØ ÔÏÊÉÜÑÑÜÉÔÎÏÎ×ÉØÑØÍÕÎÏØÙÜÉÜÜÏÙ×ÔÛØËÎÍÉÔÚÚÎÐÐÈÏÔÚÜÉÔÎÏÊÑÎÆÇÎÑÉÜÖØÆÔËÔÏÖËØÖÜËÙÔÏÖ ÉÕØúÔÉÄõÜÑÑôÏÉØËÔÎËëØÏÎÇÜÉÔÎÏÊ÷ÈÏÙÔÏÖÔÊÜÇÜÔÑÜÛÑØ×ËÎÐ öØÏØËÜÑ úÎÏÊÉËÈÚÉÔÎÏ÷ÈÏÙðÔÊÚØÑÑÜÏØÎÈÊùÜÉÜúÜÛÑÔÏÖ úÎÏÉËÜÚÉÜÆÜËÙÉÎóæúÕØÜÉÕÜÐññúÔÏÉÕØÜÐÎÈÏÉÎ× ×ÎËÉÕØËÎÜÙÚÎÏÊÉËÈÚÉÔÎÏ ÉÕ ÎÏðÜÏÖÎùËÔÇØëØÔÖÑØüÇØÏÈØêæüÇØÏÈØ÷ÈÏÙÔÏÖÔÊÜÇÜÔÑÜÛÑØ×ËÎÐ ÉÕ ïØÔÖÕÛÎËÕÎÎÙêØËÇÔÚØÊîÉÕØËôÐÍËÎÇØÐØÏÉðÜÏÖÎùËëØÔÖÑØùËêæüÇØÏÈØ úÎÏÉËÜÚÉÜÆÜËÙÉÎëÎÊÊÎíÜÇÔÏÖùËÜÔÏÜÖØôÏÚÔÏÉÕØÜÐÎÈÏÉÎ× ×ÎËÉÕØ ÚÎÏÊÉËÈÚÉÔÎÏÎ×ûÔÒØñÜÏØÊÜÑÎÏÖõÎÐØÆÎÎÙûÎÈÑØÇÜËÙÛØÉÆØØÏñÎÆÊÎÏûÎÈÑØÇÜËÙÜÏÙæ üÉÑÜÏÉÔÚüÇØÏÈØ÷ÈÏÙÔÏÖÔÊÜÇÜÔÑÜÛÑØ×ËÎÐ öØÏØËÜÑúÎÏÊÉËÈÚÉÔÎÏ ÷ÈÏÙîÉÕØËôÐÍËÎÇØÐØÏÉõÎÐØÆÎÎÙûÎÈÑØÇÜËÙûÔÒØÍÜÉÕÊ íÈËÚÕÜÊØÜÆÜËÙÉÎüÐØËÔÚÜÏéËÜ××ÔÚíËÎÙÈÚÉÊÜÏÙêØËÇÔÚØÊÔÏÉÕØÜÐÎÈÏÉÎ× ×ÎËÉÕØ úÔÉÄ«ÊÄØÜËÑÄÊÈÍÍÑÄÎ×ÊÔÖÏÊÜÏÙÊÔÖÏÊÈÍÍÑÔØÊ÷ÈÏÙÔÏÖÔÊÜÇÜÔÑÜÛÑØ×ËÎÐ öØÏØËÜÑ÷ÈÏÙöØÏØËÜÑîÍØËÜÉÔÏÖêÈÍÍÑÔØÊ íÈËÚÕÜÊØÜÆÜËÙÉÎéÜÏÏØËôÏÙÈÊÉËÔØÊÜÉÜÏØÊÉÔÐÜÉØÙÜÏÏÈÜÑÚÎÊÉÎ× ÇÔÜÉÕØúÔÉÄÎ× êÉüÈÖÈÊÉÔÏØ÷ÑÎËÔÙÜÚÎÏÉËÜÚÉ Lewis, Longman and Walker, P.A. to represent the City in rule challenges with the South Florida Water Management District, and for the firm to provide associated services to the Cites 10. PUBLIC HEARINGS: A.ORDINANCE NO. 51-08 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Section 4.3.4, "Base District Development Standards", Subsection (,I), "Height", Paragraph ~), "Increases to Height Regulations", Subparagraphs ~) (ii), (iii) and (ivy, "Allowances", to clarify the workforce housing requirements regarding height increases. B. ORDINANCE NO. 52-08 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations (LDR~, Section 4.4.13, "Central Business (CBD~ District", Subsection ~), "Performance Standards", to provide additional options regarding Workforce Housing; Article 4.7, "Family/Workforce Housing", Section 4.7, "Findings", Subsection (I), to provide regulations regarding increased height and density Section 4.7.1, "Definitions", to provide a definition of "Workforce Housing Trust Fund", Section 4.7.2, "Applicability", Paragraphs 4.7.2 B and C to provide additional options regarding workforce housing; Section 4.7.3, "Provision of Workforce Housing Units", to allow workforce housing in additional locations; Section 4.7.4, "Density Bonus Program for the Southwest Neighborhood Overlay District, the Carver Estates Overlay District and the Infill Workforce Housing Area", Paragraph E, to provide for contributions to the Delray Beach Workforce Housing Trust Fund; and Section 4.7.6, "Rental Housing Units", to provide clarification regarding moderate income requirements. C. AMENDMENT TO THE DEVELOPER'S AGREEMENT/CANNERY ROW, LLC:Consider approval ofthe amendment to the Cannery Row Developer's Agreement to provide that the park land dedication condition has been satisfied. If passed, a second public hearing will be held on December 2, 2008. D. ORDINANCE NO. 50-08:Consideration of a proposed ordinance by enacting a new Chapter 74, "Civil Traffic Enforcement", of the Code of Ordinances, by enacting new Sections 74.01 through 74.16,~roviding for "Intent", "Use of Image Capture Technologies", "Definitions", "Adherence to Red Light Traffic Control Signals", "Violation", "Review of Recorded Images", "Notice of Violation/ Infraction", "Vehicle Owner Responsibilities", "Appeal to Hearing Officer", "Vehicle Owner Affidavit of Non-responsibility", "Penalty", "Administrative Charges", "Collection of Fines", "Exceptions", "Appeal of Order", and "Enforcement", to provide for the use of a code enforcement mechanism for intersection safety. E. ORDINANCE NO. 53-08: Consideration of a proposed modification to the Community Redevelopment Plan adding section number 3.11, "Sponsorship of City Tennis Tournaments". 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 N0.55-08: Consider a City initiated annexation (via the provisions of the executed Water Service Agreement and Consent to Annexation) with initial zoning of CF (Community Facilities for Fair Oaks Hospital, located approximately 650 feet south of Linton Boulevard, and on the east side of Lake Worth Drainage District E-3 Canal.If passed, a public hearing will be held on December 9, 2008. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission Government Finance Officers Association 203 N. LaSalle Street -Suite 2700 Chicago, IL 60601 a Phone (312) 977-9700 Fax (312) 977-4806 10/06/2008 NEWS RELEASE For Information contact: Stephen Gauthier (3 ] 2) 977-9700 (Chicago)--The Certificate of Achievement for Excellence in Financial Reporting has been awarded to City of Delray Beach by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the award-winning CAFR. This has been presented to: Milena L. Walinski, CGFO, Assistant Finance Director The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 16,000 government finance professionals with offices in Chicago, IL, and Washington, D.C. Reid b~ ~ cu-{ o~ ~Lcrs ~~..~~ `1. ~'-' ~ ~~ k ~ ~ l ~` ® ~ t F +11 j ~s.~ ~i mow.. '~ y 'ivy S .. ~1 ~~~~ ~ ~ ~ s ~- - < <i t ~" _ f n ~Y 1~ ~~ a~ ~ .. ~ y ~~ ter. d ~ ~. ~ A Do .i ~ ,~~~ ~~ ~i, t. r • [ ,\. / ~ Mme,,... r ~~ ~:. , ~ ~° ~; ~, n~~~~ ~ ~f)~ a ~w }'~O - ~L. x4• j S_ fir.: -- S 1 ~.t ~ *,r r ~ ' o {~' _ ~. v - ~ ~ :. . 11.J ~ ,yam ryy~,,~' A~ A~. ~ li . • ~ 4 ~ .~ ,,..,. ~ .r -, ~' r ;~, 4 ~ ~ ' .. ~ e k ,~ :' l mod` ~ f ~, +~ ~"!. ~r"rc~ ~ e ~V,+n~ , X~.~. y ,~, r a~ ~ {,......t+~ ~ '~ r d 4 1 ny ~ ~ f f - t ~ . , Y ~ ~ ', R i ,1 x ' rr 1~ ~' ~~ ' tR ~~f ~~1 1 y, ' ~ a x v ~ ~ ~ I f'2•"~`~ .~ A: •~ ^A' `~ ' ` ~. ~~ } j I, ~t ~.t s ,r •:~/ ~~ ,.,...~ ~~ ~ ' :~ ~ r~r T:r~~S ~ ~ ~? ~~lgfr` R,~S --,. ~. ~: ~S .G r: Cry ~ - - # ~ ,i~ r' fi . ~}=~e;_. ~' G ~" ~, ' s. dw y --]~'~ 1~~ j.j ~y C ~L lb, w dY ~(.~A{l~ s ~yy, ~p.,af~ '~ ~ ~`y~/ K ^ '~ «'y r '~' T ,k ~+ ±.~~ i \;~ ~ ~. .r... ~" >~ "~ ~}: '?cF~ 7t+~' ~` }a-4~ 'G~.~'F d, r'"~'4~,R.~I ~a r~ ~` s~ r ., ,JA~r _`d `~. t : <'*+ .. ~ -. ~~Y i~ C .. r+ t yR~ , #*,. G . ~ ~ . __ ~;•a~-'' ' ~ , is . ~ i ~ i' ? f `~'~ti'~ ~~~ f .,,, f # ..4 ~ ~ ~~ ~ t'~ ~` '~6 ~. ~~ ~'. .~` (itllJ9!0'L AfUN Ui:08 P9X Slf) 2433774 CITY CL.EAK C(TY Ur DELRAY gyrACH lQ fy~ZD QF AvJUSTMEI`lT ht Ke: Uelray Beach Yacht Club 11D MacFartaite Driti~c Petition No. 937 ~C1NAL ORDER Following a consideration of the evidence W6id l'estuno11Y ptesented, the Board of pdjustn~ent. for the City of nelray Beach ands as folio Tltat t}ie Petitioner filed this petition requesting a variance from Sectwu 7-9.508) of the 1) I~attd Development,Iteg<tlations of the Codri ~ d ao th s des from 1S' to 1~0'1to lie~'~' tl e reduce the side setbacks on both the nort constraction of :+ doclc. ~ The Buaidanted tl~e above vatzanee for Chance wilth Section Z.4 ~(A {5) K ~~~ D~~ve y) based upon positive findings of fact m accord Auguac For file above stated reasons, the varia~lce is granted this 15t1~ day of _ -~ ~C1U 2. _ ~~ ~,~..~-- tr Guard olAdjustlnent epics tug Michael W einer, >Jsy. George Dial. -t ' ~ P ~~ y~ i ~' ,dy~~ 4y ,,µ ~nLLLYYY'444RRFF"~ ~~ I ~~ v • ail L„ ~t i ! ~ ~ ~ ~ ~~~~: ~r~ t ~..,., t i9 ~ ~~ '~~ ~ ;i' ~ ?~~ 'r t ti° 1 a ~ ~ ~~~~ ~~ ~'=e fri {j~ ~~ t ~~ '~" ~ ~• r' C ~ I , y ~ Y ~ I a' ,' ~ ~~~ tit i r ~~ I j ~ ,y ~ ~~s~ ~ , t e, , 'rt '; ~r . r r 4 r ~~ ~i ~~ rr ..; r i ,+ ~ I d , w. J 1 8 ~ i ,r. ~i ~ ~'. ~N t ~ 1' t t ! 1 ~ ' I y ' Y' ~ L y'; t rr ~l. ~~~ ~ ~'~ h ~~ ~ ~r ; ,. '~ t r y " ', ~ ~~'~ ;~ ,. ~, yr, ~~ t ~~1 I t~ ~~~~~ ~I ~ ~ . ,1 -~ ~ r ~1 ~r 1 i ~ +, ~~ ~ ~ ~ ~V ~ ~ ~ ~ i tV .i _ ` i ~.- M ~ ~ ~ C ~ i~ ~ ~r ~ 3 ~ ~ ,~ ~ r _ uU f>~ ~ f . Y 3 n c r r _x ~~~ P a ~ 1. : o A ° ~i~ [ ~" ~~ ~ ~ e 8qf ~y ~ ( A ~~~` ;` i ` ~ ti ~ ~ ~'1 ~ \ . . } 1 ~'i~ '~ `' u :~ ti y~A, r ~' ~ A a I ~ ~~ Y H NV ^r ,~ r y~ Z} , .. ~~ r~ ~~1 ~ ) e,.. n } ~1 F ~;. ~~, + tjs I t ~ ~ ~ :; ~ F ~ ,z; d r I ~ S r }~ '\ j ~ r ' ~ ~ : ~; n '~" '.~~'.~~ - ~,r ,~ - a- ,"~' ~ ~ _ ~ ~ g IJ9~ ~ 'a5'-. ' r< ~, ~ ~, w p [{ry. t ~ ~~. ~:. r _ ', ^'• e iN - "~~ _. __ __i__ , ~ ~~ _ rn - i .' . - -,, , i'f n ~ 1Fr r 4. .~~ ,~ _ ~ _ w Y" ~"1 ~- 1 N ~`"~ ~` _ - ~ ~-- ~ a ~'~- r ~"~" w Z.. +~. r ' +... .. ~, .~ __ _ 'E YACHT CL~.TB AT DELRAY BEACH November 14, 2008 Seagate Towers & Condominium Attn: Charlie Bonfield 220 MacFarlane Drive Delray Beach, FL 33483 Mr. Bonfield, As you may be aware we will be appearing before the City of Delray Beach next week to request our Conditional Use 'to operate as a Yacht Club be reinstated. We have enjoyed our previous relationship and history with the Seagate Towers. Specifically we have shared an open working relationship that should exist between all neighbors. When we were developing the plans for our new condo building we met with residents of the Seagate Towers on several occasions to hear your comments and suggestions. As a result of the meetings we made changes to the tune of about $500,000 to our building design to accommodate the Seagate Towers and be good neighbors. Obviously, based on our history I was surprised when I was contacted last week by one of the Seagate residents who informed me that they were unhappy with the current look of our property and would be attending the upcoming meetings to discuss their concerns with the City. Although we are within walking distance of each other we were never made aware of any concerns or issues before last week. I understand that one' of the main concerns is the appearance of our roof top. Unless we were informed by someone in a high floor of the Seagate Towers we would be unable to know what our roof looks like. Another concern is the color of our pool. We have used a licensed pool maintenance company since we purchased the property and spend $600 per month with them. Due to the age of the pool the plaster coating may; appear to be discolored when viewed overhead from the higher levels of your building. I have been assured that our water quality meets or exceeds all Health Department requirements. I would like to inforrh yourself and the other Seagate Towers residents that we have contracted with a roofing company to clean, repair and recoat the Yacht Club roof structure. In addition, we have contracted with a contractor to drain, and recoat the pool. This contractor will also be replacing the green pool carpet, repaintingahe pool deck and performing other general maintenance items around the pool area. This work should begin in the next couple of weeks and be completed before the end of next month. If you have any questions or other concerns lp ease don't hesitate to contact me directly. Sincerely, Joshua McAlees 1.1.:0 MacFarlane Drive • Delray Beach, FL 33483 FROM PACE ROOFINPa INC FAX N0. 561 6c12 244 Oct. 29 2Q0@ 01:22PM P1 Y"`' •., • ~ `, . ligense # GCC132t5256 674b white chive • vvi3st prim kieaClt • ~ftorida 334p7 s. b (561)642-8840 • ~~x tS42-251.5 - (Zic•~ ,.: .: .. PROPO!falSUBr~TO: JOSH .MCALEES ~~ •~••'PHbNE.•.:..'••, ,•6~~~'.40.8 • PROPO;;J-LpATE:~..Q~?,3Jaa srneer: 1Z0 MCFARLANE DRIVE _ Fax 52;4-.4~$,~.. ~osu7canoK: n~"T~RAY cmr, StaTB.YIP; DELRAY BEACH; FL, _ .1060E8CkIt~1C~1 ~~~~ , C„IrU~~,,. __.....~. _ - We hereby submit apedflcatlohs ertd estirnatles as follows; ON SLOPE AND FLAT DECR•. • ; ..• , _.• .: • • • ..... • . . ;• • ~:. • • • , . . 1. PRESSURE CLEAN EXISTING ROOF SURFACE TO•REMOy'E LOOSE b>rBRIS. 2 . SUPPLY ,A1V•D IN3Z'ALL POY,Y`GLABS ,'SAP .0R t;A•F •b'RLE170M TPO OVER, OPEN ROTTEN WOOD A~tEAS . . . 3. SUPPLY AND INSTPiLL• NEOGARA. PERMATFTATIE'•2 ••WH~•TE• TOE. COAT. • 4._ THiS SHOUi,D HELP SEAL THE F200F t;JNTIT,..DEMOLIT:~:01±1'. DUE TO THE CONDITION OF THE ROOFING WE. CANNOT.OFFER.A QUARANTEE AGAINST FUTURE LEARS, • WE AT PACE ROOP'INd A,QPRECIATE THE OPPORTCJNIT'SC TO EARN 'YOUR SUSXN7~SS. FEEL FREE TO GIVE US :1 CALL F)XmH ANY QUESTIONS YOU MAX-HAVE. PACE ROOFING HAS BEEN P1:tOT7DLY SERVING PALM. $EACH COUNTY' FOR OV~li 20 YEARS PACE ROOFING USES NO SUB-CONTRACTORS. • .00 We hertiby prdpore to furnish materials and labor in accordance with above specifications for they sum of; S p~lyrnenttoba-made as follows: 25&CONTRACT;50~COMMEIVCEMENT 25~COM>?LETS Authorized Signatures: gate ofActeptance: Jo3ePh W PaCerP+BS+dent • Authorizing signature(s); Estimator's Signature: .. • Proposal vaKdfor30dayYshomebovepproposaldate.Thiscontrad~anotval+dwnhoul _ autfarized sigCieturo of Presltlent ofPeCe Roofing. Inc SEE REVERSE.3lDE OF THIS CO TRACT FOR DETAILS OF ALL PAYMSNTS ARE TO BE MADE OUl` TO PACE ROOFING, INC. ALL TERMS~NQ CONDIt~NS OF•COHTRACT. PACE ROOFING CONTRACTOR assuritiea no responsibility for damage caused by acts of 4od, or anyaats beyo our control, Any unpaid balanera shall bear interest at _t_t/Zg(, per month after 3o daYs hom due date. In the event it shall be necessary to employ. an attorney to Collect any sum of money due hereunder, owner or builder agrees to pay all costs of collecting a reasonable attorney s ree Tom Wardlaw Carpentry 3479 S. Seacrest Blvd. Boynton Beach, FL 33435 561-319-6077 Proposal The Yacht dub of Delray Proposed work: Patio area: Remove and replace carpet, Repair concrete & paint wan $ 950.00 Entrance: remove existing concrete & pour New slab. (Rgt. to be determined) $ 1,900.00 Pool: Drain pool and install pressure release Drain, acid wash, dcp rinse, Pressure wash 2 c{)ats rubber base paint & re- fin pool Repair the at gutter drain $ 8,500.00 Pressure dean, repair & paint $ 1,400.00 Pool deck: Bathhouse: Pressure dean and paint Men's and women's, inside & out Replace entrance doors, Polish fixtures as necessary $ 3,200.00 Cafe kitchen: Includes pump house cleaning Clean & paint as necessary inside cafe Replace serving counter with same type Pressure dean and paint outside Straighten Ale unit stand on roof Repair as necessary Repair doors as necessary Misc. materials $ 3,150.00 Total 300.00 Labor rates as follows Unforeseen conditions or $19,450.00 @ $600.00 per day or $75/hr NOVEMBER 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, November 3, 2008. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie B. McDuffie Commissioner Mackenson Bernard Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Thomas Skindeleski with St. Vincent Ferrer Catholic Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis stated there is a Board Order for Item 9.B., Waiver Reguest/Marriott Hotel, on the dais. Mayor Ellis stated for Item 9.E., Appointment to the Neighborhood Advisory Council (NAC) there was one application for the student appointment; however, the application did not meet the requirements of a student. The City Attorney suggested that Item 9.E. be tabled. Mayor Ellis stated there is a request to postpone Item 9.F., Appeal/Site Plan Review and Annearance Board ActionsBoston's Restaurant until to December 2, 2008. She stated there is additional information for Item 9.G., Request/Green Market Relocation. Mayor Ellis stated the parties have requested that Item 10.B., Development A~reement/Vista Del Mar, L.L.C. (First Public Hearing) be postponed to December 2, 2008 at 7:00 p.m. 11/03/08 Mr. Eliopoulos requested that Item 8.L, Initiation of Comprehensive Plan Amendment 2009-1 of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Also, he requested that Item 8.L, Review of Appealable Land Development Board Actions (SPRAB Item B for the Marriott) of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Mr. Fetzer requested that Item 8.M.1, Award of Bids and Contracts (West Construction, Inc.) of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A. Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of October 21, 2008, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: NONE 7. PRESENTATIONS: 7.A. Junior Tennis Tournament -Ivan Baron Ivan Baron stated he and his associate John Butler along with Mr. Mark Baron (Ivan Baron's father) run the Junior Tennis Tournaments and they had a very successful year. Mr. Baron stated people from all around the country (i.e. parents, coaches) came into town and they had approximately 1,200 players over the four events for the months of April, July, September, and October. He stated this last event called the Halloween Super Series hosted by the City of Delray Beach had a local kid from Boca Raton email them informing them he wanted to be involved from a charity standpoint because his brother has autism. Mr. Baron presented the City Commission with plaques. 7.B. Carolyn Gholston -Multi-Cultural Festival Jennifer Buce, Litter Prevention Coordinator, recognized the Southwest President's Association who has been an intricate part in helping the City with the Multi- cultural Festival Ms. Buce recognized the following individuals for their efforts in making the festival a success: Mr. & Mrs. Gholston, Cynthia Ridley, Ernestine Holiday, Evelyn Dobson, Vera Mobley, and Mary Hardy. Ms. Buce presented a plaque to Mayor Rita Ellis, Lula Butler, Butch Carter, Sara Martin with the Downtown Development -2- 11/03/08 Authority, Mike Ahmad with the Community Market, Police Chief Strianese and various Officers from the Delray Beach Police Department. Ms. Buce stated this is a great event that brings all cultures together. Lastly, Ms. Buce also thanked Rosanne DeChicchio, Administrative Assistant/Public Information Officer, for spending the entire day taking pictures. Cynthia Ridley stated approximately 1,600 attended the Multi-Cultural Festival and noted this is a free event for the community and they fundraise to make this event happen. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL PLAT APPROVAL/REGIONS BANK: Approve a final plat for Regions Bank, located at 555 S.E. 9t Street. 8.B. RESOLUTION NO. 54-08 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/1104 NASSAU STREET): Approve a tax exemption request for eligible improvements to the property located at 1104 Nassau Street within the Nassau Park Historic District; and approve Resolution No. 54-08. The caption of Resolution No. 54-08 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO WILLIAM M. & LIZABETH KUJAWA BOLD FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 1104 NASSAU STREET, AS FURTHER IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATIONS (LDR) SECTION 4.51(M)(5); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 54-08 is on file in the City Clerk's 8.C. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/COMMUNITY REDEVELOPMENT AGENCY (CRA)/S.W. 14th AVENUE PROPERTIES: Approve and accept aright-of--way deed between the City and the Community Redevelopment Agency (CRA) for dedication of additional right-of- way for the alley parallel to and on the west side of S.W. 14th Avenue between S.W. 1st and 2"d Streets. 8.D. CONTRACT CLOSEOUT (C.O. NO. HINAL)/TOTAL QUALITY CONSTRUCTION SERVICES, INC.: Approve a Contract Closeout (Change Order No. 2/Final) in the amount of $2,842.24 and final payment in the amount of $24,006.05 to Total Quality Construction Services, Inc. for the completion of the Delray Swim and -3- 11/03/08 Tennis Center West Parking Lot Project. Funding is available from 117-4133-572-65.57 (Recreation Impact Fee FD/Capital Outlay/Swim & Tennis Parking Lot). 8.E. CONTRACT CLOSEOUT/FINAL PAYMENT/McCABE BROTHERS CONSTRUCTION, INC.: Approve a Contract Closeout and final payment in the amount of $3,401.56 to McCabe Brothers Construction, Inc. for completion of the Police Briefing Room and Report Room Renovation Project. Funding is available from 334-2111-521-46.10 (General Construction FundBuilding Maintenance). 8.F. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY/LINTON BOULEVARD BRIDGE TENDER HOUSE: Approve Amendment No. 1 to the Interlocal Agreement between the City and Palm Beach County extending the completion time for the facade renovations to the Linton Boulevard Bridge Tender House. 8.G. FIRST AMENDMENT TOINTERLOCAL AGREEMENT/PALM BEACH COUNTY SHERIFF'S OFFICE: Approve the First Amendment to the Interlocal Agreement between the City and the Palm Beach County Sheriff's Office for Urban Area Security Initiative (UASI) Grant Program extending the contract period to June 30, 2009. 8.H. AMENDMENT NO. 1 TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/TED CENTER AGREEMENT: Approve Amendment No. 1 to the Community Development Block Grant (CDBG) Agreement between the City, the Delray Beach Community Redevelopment Agency (CRA) and The Center for Technology, Enterprise and Development, Inc. (TED Center) extending the contract period to September 30, 2009. Funding is available from 118-1966-554-83.01 (Community Development Fund/Other Grants and Aids). 8_I. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8_J. RESOLUTION NO. 57-08: Approve and adopt Resolution No. 57-08 supporting an amendment to Florida's Constitution to require the Florida Legislature to operate under the Florida Sunshine Laws. The caption of Resolution No. 57-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA RECOGNIZING FLORIDA LEAGUE OF CITIES, INC., SUPPORTING AN AMENDMENT TO FLORIDA'S CONSTITUTION TO REQUIRE THE FLORIDA LEGISLATURE TO OPERATE UNDER THE FLORIDA SUNSHINE LAWS. -4- 11/03/08 office.) (The official copy of Resolution No. 57-08 is on file in the City Clerk's 8.K SPECIAL EVENT REQUEST/FIRST NIGHT 2009: Approve a special event request to endorse the 11th Annual First Night 2009 event on December 31, 2008 from 4:00 p.m. to midnight, granting a temporary use permit per LDR Section 2.4.6(F) for the use of City rights-of--way and facilities as requested, and to authorize staff support for traffic control and security, site cleanup and trash removal, barricade set up and removal, signage construction and installation and EMS services. 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 20, 2008 through October 31, 2008. 8.M. AWARD OF BIDS AND CONTRACTS: 1. AGENDA AS ITEM 9.A.A.A.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR 2. Purchase award to Praxair, Inc. in an estimated cost of $100,000.00 for the purchase and delivery of Liquid Carbon Dioxide (C02) for the Water Treatment Plant from October 2008 through September 30, 2009. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). 3. Purchase award to PVS Technologies, Inc. in the amount of $200,000.00 for the purchase and delivery of liquid and dry Ferric Chloride for the Water Treatment Plant as needed for the period of November 2008 through September 30, 2009. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). 4. Purchase award to Otto Waste Systems in the amount of $60,000.00 for the purchase of hot stamped garbage carts with lids and wheels to be ordered as needed. Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal and Replacement). 5. Contract award to Air Duct Aseptics in the amount of $29,600.00 for mold remediation services at the Police Department. Funding is available from 334-6112-521-46.10 (General Construction Fund/Repair & Maintenance ServicesBuilding Maintenance). Mr. McDuffie moved to approve the Consent Agenda as amended, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard - Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. -5- 11/03/08 9. REGULAR AGENDA: 9.A.A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2009- 1: Formally initiate Comprehensive Plan Amendment 2009-1 pursuant to Section 9.2.1 of the Land Development Regulations. Mr. Eliopoulos stated with regard to the Silver Terrace Courtyards Overlay District going from 12 units per acre to 25 units per acre, he does not understand where the 25 units per acre came from. Mr. Dorling stated this is a privately initiated amendment and there is a proposal to do a mixed use development ultimately on the site and the applicant indicated that the 25 units per acre were in the Silver Terrace Redevelopment Plan. Mr. Dorling stated in researching the Plan there is a listing of a public hearing and some recommendations that were made. He stated one of the recommendations from the public was that staff could entertain increased densities to 25 units to the acre. Mr. Dorling stated this is not incorporated in the Plan but is only a reference. He stated the applicant has taken that as an adopted element of the Plan. Mr. Dorling stated he has had discussions with the applicant about his concerns but the applicant has the opportunity to come forward and present an amendment. Mr. Dorling stated most of the areas where we allow increased densities are up to 18 units per acre in the Workforce Overlay District and 25 units per acre is not something that has been entertained other than the Auburn Trace area where it was 24 units per acre and some increased densities out in the Congress Avenue Corridor and the Four Corners. Michael Weiner, Attorney with Weiner, Aronson & Mankoff, 10 S.E. 1st Avenue, Delray Beach (representing the applicant), stated the Silver Terrace Plan has been sitting for 15 years and there are recommendations in it up to 25 units to the acre. He stated between now and the time it returns from the DCA, they will be able to present site plans to the City Commission. Mr. Weiner stated they are especially interested in this type of density at this time given the economic climate that we are in and while they understand that certain regulations in the Comprehensive Plan need to be met, they think that there is urgency to look at the issue of 18 units versus 25 units in the City of Delray Beach which is 98% built out. Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.I. of the Consent Agenda), seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 20, 2008 through October 31, 2008. dais. Mr. Eliopoulos declared a conflict of interest and stepped down from the -6- 11/03/08 Mr. Fetzer moved to approve to receive and file Item 8.L., seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.A.A.A.A. AWARD OF BIDS AND CONTRACTS: Contract award to West Construction, Inc. in the amount of $5,436,917.00 for the Miller Park Improvements Project. Funding is available from 334-4173-572-63.90 (General Construction Fund/Other Improvements). Mr. Fetzer asked if this was a project where the City did a CM at Risk and we have been able to reduce the cost by going through the competitive bid process. He asked if this is in line with what we have in the Capital Improvement Budget. In response, Mr. Hasko stated the Guaranteed Maximum Price (GMP) that we had gotten from the construction management firm (Weitz) was in the ballpark of $7 million for these improvements. He stated when staff went out to bid they structured the bid with a base and a series of alternates so that if they felt that could get the base bid for their budget then staff would see what else they could get. Mr. Hasko stated the $5,436,917.00 is for 100% of the improvements in the park. Mr. Fetzer asked if this will comply with the Master Plan. Mr. Hasko stated this will comply with the Master Plan. Prior to the vote, Mr. McDuffie asked if Mr. Hasko has any idea of when the groundbreaking is going to take place because there is some scheduling to be done with the fields and the seasons. Mr. Hasko stated as far as the scheduling normally at this point it probably takes 6-8 weeks to get all the contractual things done and to have apre- bid conference to actually get moving. Mr. Hasko stated when staff gets into the scheduling at the beginning of the project they will sit down and consider those conflicts. The City Manager asked if the groundbreaking would be sometime in January. Mr. Hasko stated realistically the groundbreaking should be around that time and noted that since the City awarded that entire project and the way the project was bid the construction time was incremental with additional scope whereas the base bid was 180 days and then each additional alternate had added days to it. Mr. Hasko stated the entire project was 360 days so it will be a year construction project. Mr. Fetzer moved to approve Item 9.A.A.A.A. (formerly Item 8.M.1. of the Consent Agenda), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.A. WAIVER REQUEST/321 N.W. 1St AVENUE: Consider a waiver request to Land Development Regulations (LDR) Section 4.6.9(C)(2)(a), to permit two (2) parking spaces within the required front setback line, for the property located at 321 N.W. 1St Avenue. (Quasi-Judicial Hearing) -7- 11/03/08 Mayor Ellis read the City of Delray Beach procedures for aQuasi-Judicial Hearing into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who gave testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-245 into the record. Mr. Dorling stated this is a waiver to LDR Section 4.6.9(C)(2)(a) which states that no required parking spaces be allowed in the required front or side setback. The waiver would allow this encroachment to reflect a 9.5 foot offset from the front property line. Mr. Dorling stated this is associated with a Certificate of Appropriateness (COA) that was considered by the Historic Preservation Board (HPB) on October 15, 2008 which included exterior alterations, additional site improvements including some hardscaping and landscaping. He stated HPB also considered the waiver at that time. He stated currently parking occurs in the front of the building and what was initially being proposed was a new driveway and access on the front. At its meeting of October 15, 2008, the Historic Preservation Board (HPB) considered the request and recommended approval subject to some changes. The Board wanted the hedge continued and these spaces to be accessed internally from the loop road. The current parking configuration is parking in front of the structure and this would move it to the side. This site is at the end of 1st Avenue where it abuts the Cason United Methodist Church off 4th Avenue. He stated required findings are made in the staff report under LDR Section 4.6.9(C)(2)(a) and staff recommends approval. Jason Redmond, 3320 Delrav Bay Drive, Apt. #316, Delrav Beach (representing the owner Michael Singer), stated he is present for any questions the Commission may have. He stated this is a pretty straight forward case and has already been explained. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of this waiver request, to please come forward at this time. There being no one 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). -8- 11/03/08 Mr. McDuffie moved to adopt the Board Order as presented (approving the waiver request), seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REQUEST/MARRIOTT HOTEL: Consider three (3) waiver requests to Land Development Regulations (LDR) Sections 4.4.13(F)(1)(a), "Height", 4.6.14(A)(1) and 4.6.14(A)(2), "Visibility at Intersections", associated with the Class IV site plan modification for the Delray Marriott Expansion, located at the northwest corner of State Road A-1-A and East Atlantic Avenue. (Quasi-Judicial Hearing) Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Chevelle D. Nubin, City Clerk, swore in those individuals who gave testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. Bernard, Mayor Ellis and Mr. Fetzer had no ex parte communications to disclose. Mr. McDuffie stated that he sought advice and opinion from the City Attorney on this issue and found that he does not have a conflict; however, Mr. McDuffie stated he needs to disclose that Tom McMurrian with Ocean Properties is the son of Mr. McDuffie's grandfather's brother and that there are no contractual or business relationships between them. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department prof ect file #2008-223 into the record. Mr. Dorling stated this request involves three waivers which were processed in association with a Class IV site plan modification for the Delray Marriott expansion. These three waivers are to LDR Section 4.4.13(F)(1)(a), which requires that the overall height of buildings be a minimum of twenty-five feet (22 feet is being proposed), LDR Section 4.6.14(A)(1), which requires a 20-foot visibility triangle for the area on both sides of an access way as it meets the street, and a waiver to LDR Section 4.6.14(A)(2) which requires a 40-foot visibility triangle. Mr. Dorling stated the Class IV modification for the Delray Beach Marriott Expansion includes an addition to the existing 271 rooms at the Delray Marriott Hotel, to add nine (9) cabana suites, expand the existing restaurant, adding retail and commercial along Atlantic Avenue, adding a kitchen to better accommodate existing banquet rooms and expansion of the existing pool deck. At its meeting of October 14, 2008, the Site Plan Review and Appearance Board (SPRAB) recommended approval of this Class IV Site Plan Modification and recommended approval of all three waivers. The required findings are noted in the City -9- 11/03/08 Commission documentation and staff recommends approval of all three waivers at this time. Alan Ciklin, representing Ocean Properties, Ltd., (Applicant), stated not only did SPRAB recommend approval this also went before the Community Redevelopment Agency (CRA) and the Downtown Development Authority (DDA) and they too recommended approval of the project and the waivers. Mr. Ciklin stated the staff report confirms that they meet the requirements of the Comprehensive Plan and the LDRs. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. Kevin Warner, 248 Venetian Drive, Delray Beach, stated he has lived in this area for ten years and Andrews Avenue and Atlantic Avenue is particularly dangerous for pedestrians, bicyclists, and motorists because of the hump in the road as you head south within 10-20 yards of Atlantic Avenue. Mr. Warner stated it is irresponsible to suggest that losing site visibility access and safety is something that we must do because Ocean Properties is going to do something wonderful for us. He stated he has a problem with the site visibility guidelines and noted that these guidelines are going to be broached. Mr. Warner feels we do not need less pedestrian, motorist, and bicycle safety in that part of town. Robert Victor, Beach Property Owners President, expressed concern over the loss of 19 public parking spaces on Atlantic Avenue and Andrews Avenue as part of the approved expansion of the Marriott Hotel. He read a statement into the record regarding the loss of the 19 public parking spaces. Mr. Victor stated the BPOA is requesting a complete review by the Commission of this issue. There being no one else from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination. The following individual gave a brief rebuttal: Mr. Ciklin stated in 1981 there was a conditional of approval on the Delray Marriott then (was not the Delray Marriott at that time). The condition was to allow for 18 parking spaces to be used on the Marriott's private property for parking spaces that were lost on Atlantic Avenue. Mr. Ciklin stated they were going to be lost on Atlantic by virtue of road improvements that FDOT (Florida Department of Transportation) had to approve in order to improve access to the hotel. As it turned out, he stated FDOT never approved the plans on Atlantic Avenue and the parking spaces were never lost on Atlantic and the condition in essence became non-applicable. However, Mr. Ciklin stated Ocean Properties allowed those spaces to be used voluntarily gratuitously for several years because people were using the spaces. It was the opinion at the SPRAB meeting that the condition in 1981 had been superseded and the staff report states that by several -10- 11/03/08 subsequent approvals in that there is no such condition anymore; the original reason for the condition no longer exists. Mr. Ciklin stated there was also the opinion offered at the SPRAB meeting that this was private property and the public had no right to use this private property. He stated although this is not on the Agenda tonight and the only things on the Agenda are the three waivers, the height and two visibility triangles, he feels it is worth hearing the explanation and informing the Commission as to what was discussed at SPRAB. Mr. Ciklin stated regarding the Andrews Avenue visibility triangle on the corner of Atlantic Avenue and Andrews Avenue, although it requires a waiver, there is full visibility at that intersection because the only thing that is there are columns and you can see through the columns. He stated the other visibility waiver that they are seeking is at the ramp on the north side (right hand side) coming down the ramp; one of the reasons the triangle cannot be made is because it interferes with the existing parking structure. On the left-hand side, the reason for the request is that there is additional 8 feet of view and it was determined by SPRAB that it was adequate. Mr. Ciklin stated SPRAB did want to make sure that when someone is coming down the ramp that the public was protected. He stated SPRAB requested and the applicant agreed to add a stop bar and a stop sign at the end of the ramp and to also add those wavy things in the road to tell you that there is a stop bar and a stop sign at the end of the ramp. Mr. Ciklin stated the magnified mirrors are going to be added. Mr. Ciklin stated as a result of the ramp, ninety percent of the deliveries that were previously made on Andrews will now be able to be made internally because deliveries will go up the ramp and be made within that area and not on the entrance. Mr. Ciklin stated that SPRAB determined that the situation will be improved and the public safety will be improved. He stated SPRAB unanimously recommended that these visibility triangle waivers did not diminish public health, safety, or welfare. Mr. Dorling explained the area where the site visibility triangles are required. He stated if you were to comply with the site visibility triangles on this you start impacting the required 40 feet at the busier intersection of Atlantic Avenue and Andrews Avenue. Mr. Dorling stated that is an additional contributing factor. Mr. Fetzer stated he had a conversation with the City Attorney today about this and she gave him clarification to this issue and these waivers. He asked the City Attorney to recap her explanation. The City Attorney stated the parking issue that had come up previously is in her opinion not germane to the waiver but it was brought up. The City Attorney stated under cases in the Supreme Court, when you impose a condition upon a development it has to be because there is an impact that construction has that needs to be modified. She stated this cannot be a condition that we would like more parking downtown but it has to be a result of something that it impacts. Therefore, when FDOT did not remove those 18 spaces that condition became not something that really was an impact of that development and so it would be deemed an illegal condition if it was still affecting the property. However, this conditional use is really a permitted use and so there are not any particular conditions that are attached to this use other than meeting the City's current Codes that everybody has to meet. The City Attorney stated there is really nothing for the City Commission to do to remove a conditional use because they have already done that through legislative activity because they have allowed this to be a permitted use in this area. -11- 11/03/08 Mayor Ellis stated she also got the same interpretation of what the circumstances were in 1981 and since that time it has been used for public parking solely at the pleasure of the property owner allowing it to happen. Mr. McDuffie asked how we are going to help out the delivery on the north ramp because the communications that were in the Agenda backup were from neighbors who were concerned about delivery trucks on Andrews Avenue. In response, Mr. Ciklin stated in the past a great deal of the deliveries to the hotel were made off Andrews Avenue. He stated with the addition of the ramp 85-90% of all deliveries will be made interiorly so the trucks will not be stopping on Andrews Avenue and making their deliveries anymore but they will take a right turn onto Andrews Avenue and another right turn on the ramp and go into the hotel itself and make the deliveries there. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented (approving all three waivers), seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, Mr. Eliopoulos returned to the dais. 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. RESOLUTION NO. 50-08: Approve Resolution No. 50-08 authorizing the indebtedness by the Delray Beach Community Redevelopment Agency (CRA) in an aggregate principal amount not to exceed $500,000.00 to pay the cost of Brownfields cleanup activities and costs of issuance, and approve an Interlocal agreement with the South Florida Regional Planning Council. The caption of Resolution No. 50-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AND AUTHORIZING THE INDEBTEDNESS BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $500,000 TO PAY THE COST OF BROWNFIELDS CLEANUP ACTIVITIES AND PAY COSTS OF ISSUANCE; AND PROVIDING AN EFFECTIVE DATE. -12- 11/03/08 office.) (The official copy of Resolution No. 50-08 is on file in the City Clerk's The City Attorney read the caption of the resolution. 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. Diane Colonna, Executive Director of the Community Redevelopment Agency, stated this is an agreement between the Community Redevelopment Agency (CRA) and the South Regional Planning Council to borrow $500,000.00 for remediation costs associated with the cleanup of Carver Square. This would allow the CRA to borrow the money and there would be no interest and no payments due for the first year and thereafter would be 3% interest which would be paid back over a three year period. Mayor Ellis declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Resolution No. 50-08, the public hearing was closed. Mr. McDuffie moved to adopt Resolution No. 50-08 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 10.B. DEVELOPMENT AGREEMENT/VISTA DEL MAR, L.L.C. (FIRST PUBLIC HEARING): Consider a development agreement with Vista Del Mar, L.L.C. and associated Class V Site Plan for the property located at 64 South Ocean Boulevard. Commissioner Eliopoulos declared a conflict of interest and left the dais. p.m. The item was postponed to a date certain of December 2, 2008 at 7:00 10.C. ORDINANCE NO. 51-08 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Section 4.3.4, "Base District Development Standards", Subsection (J), "Height', Paragraph (4), "Increases to Height Regulations", Subparagraphs (b) (ii), (iii) and (iv), "Allowances"; to clarify the workforce housing requirements regarding height increases. If passed, a second public hearing will be scheduled for November 18, 2008. The caption of Ordinance No. 51-08 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 4.3.4, "BASE DISTRICT -13- 11/03/08 DEVELOPMENT STANDARDS", SUBSECTION (J), "HEIGHT", PARAGRAPH (4), "INCREASES TO HEIGHT REGULATIONS", SUBPARAGRAPHS (b) (ii), (iii) AND (iv), "ALLOWANCES"; TO UPDATE THE WORKFORCE HOUSING REGULATIONS REGARDING HEIGHT INCREASES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 51-08 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 is an amendment to LDR Section 4.3.4(J)(4) to clarify the requirement to provide workforce housing units equal to a minimum of 20% of the top floor residential units in order to qualify for conditional use approval for increases in height. This was added by Ordinance No. 16-06 in April 2006 and since then questions have been raised by a developer that they are not subject to the requirement to provide these workforce housing units if the maximum density is not proposed for the balance of the site. There is some question as to whether that would apply or not. Mr. Dorling stated this was not the intent of the ordinance and the changes that are being made here are restructuring the existing language and placing it in a separate paragraph to clarify the original intent of the ordinance. He stated the ordinance also provides some corrective language with respect to provision of both low and moderate housing. In the original ordinance there was a required percentage and this gives the maximum flexibility and noted that both are still provided but there is not a minimum or maximum cap. The Community Redevelopment Agency (CRA) and the Downtown Development Authority (DDA) considered the amendment and recommended approval. At its meeting of October 20, 2008, the Planning and Zoning Board voted 6 to 0 to recommend approval of the amendment. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Eliopoulos moved to approve Ordinance No. 51-08 on First Reading/First Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. -14- 11/03/08 10.D. ORDINANCE NO. 52-08 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations, Section 4.4.13, "Central Business (CBD) District", Subsection (I), "Performance Standards"; to provide additional options regarding Workforce Housing; Article 4.7, "Family/Workforce Housing", Section 4.7, "Findings" Subsection (I), to provide regulations regarding increased height and density; Section 4.7.1, "Definitions", to provide a definition of "Workforce Housing Trust Fund"; Section 4.7.2, "Applicability", Paragraphs 4.7.2 B. and C. to provide additional options regarding workforce housing; Section 4.7.3, "Provision of Workforce Housing Units", to allow workforce housing in additional locations; Section 4.7.4, "Density Bonus Program for the Southwest Neighborhood Overlay District, the Carver Estates Overlay District and the Infill Workforce Housing Area", Paragraph E. to provide for contributions to the Delray Beach Workforce Housing Trust Fund; and Section 4.7.6, "Rental Housing Units", to provide clarification regarding moderate income requirements. If passed, a second public hearing will be scheduled for November 18, 2008. The caption of Ordinance No. 52-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (I), "PERFORMANCE STANDARDS"; TO PROVIDE ADDITIONAL OPPORTUNITIES REGARDING WORKFORCE HOUSING; ARTICLE 4.7 "FAMILY/WORKFORCE HOUSING", SECTION 4.7 "FINDINGS" SUBSECTION (I), TO PROVIDE REGULATIONS REGARDING INCREASED HEIGHT AND DENSITY; SECTION 4.7.1 "DEFINITIONS", TO PROVIDE A DEFINITION OF "WORKFORCE HOUSING TRUST FUND", SECTION 4.7.2, "APPLICABILITY", PARAGRAPHS 4.7.2 b. AND c. TO PROVIDE ADDITIONAL OPPORTUNITIES REGARDING WORKFORCE HOUSING; SECTION 4.7.3, "PROVISION OF WORKFORCE HOUSING UNITS", TO ALLOW WORKFORCE HOUSING IN ADDITIONAL LOCATIONS; SECTION 4.7.4, "DENSITY BONUS PROGRAM FOR THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE CARVER ESTATES OVERLAY DISTRICT AND THE INFILL WORKFORCE HOUSING AREA", PARAGRAPH e. TO PROVIDE FOR CONTRIBUTION TO THE DELRAY BEACH WORKFORCE HOUSING TRUST FUND; AND -15- 11/03/08 SECTION 4.7.6, "RENTAL HOUSING UNITS", TO PROVIDE CLARIFICATION REGARDING MODERATE INCOME REQUIREMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 52-08 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 is a City- initiated and a privately initiated amendment. The privately initiated amendments provide the language that provides opportunities for workforce housing units to be provided on-site, off-site, or by monetary contributions. Mr. Dorling stated the City- initiated piece is to change the recipient of any monetary contributions made to satisfy workforce housing from the Delray Beach Land Trust to the Housing Trust Fund. He stated right now the Delray Beach Land Trust gets those monies exclusively. With this ordinance, the contributions would go into the Housing Trust Fund and the Delray Beach Land Trust would have the ability to compete with those with other organizations in the city. Mr. Dorling stated the Code also includes a definition of the Trust Fund which would contain the City's SHIl' allocations and include the deposit funds from any workforce housing unit contributions and that would be utilized to implement programs described in the City's Local Housing Assistance Plan. At its meeting of October 20, 2008, the Planning and Zoning Board recommended approval with a 6 to 0 vote. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 52-08, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 52-08 on First Reading/First Public Hearing, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 41-08 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3, "Submission Requirements", Subsection 2.4.3(B), "Standard Plan Items" and Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items"; Amending Section 4.6.8, "Lighting", to revise and clarify requirements for on-site lighting. -16- 11/03/08 The caption of Ordinance No. 41-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3 (B), "STANDARD PLAN ITEMS" AND SUBSECTION 2.4.3(M), "CREDENTIALS FOR PREPARATION OF CERTAIN SUBMISSION ITEMS"; AMENDING SECTION 4.6.8, "LIGHTING", TO REVISE AND CLARIFY THE REQUIREMENTS FOR ON-SITE LIGHTING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-08 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 is to clarify on- site lighting standards in the City and revise the required illumination levels to be more consistent with Palm Beach County. The City Commission considered this at their October 7, 2008 meeting for First Reading and then again on October 21, 2008 for Second Reading. Mr. Dorling stated on October 21, 2008 there were specific changes requested by a Commissioner and the ordinance has been remanded back to the Commission for Second Reading. The requested changes have been made and include changing the min/max intensities required for the parking garage/structure entrance area category to reflect minimums recommended by IES (50 foot candles versus 5.0 foot candles), a note has been added to Table 2 that references the above max/min apply only to the first 66 feet in front of the entry that is to provide greater intensities for eyes to adjust from daylight to the darker conditions in the garage, a reference has been made from cutoff luminaries to "full" cutoff luminaries in LDR Section 4.6.8(B)(3)(b) to be consistent with similar references Section 4.6.8(A)(2). At its meeting of August 6, 2008, the Pineapple Grove Main Street (PGMS) recommended approval of the proposed text amendment; at its meeting of August 11, 2008, the Downtown Development Authority (DDA) recommended approval of the proposed text amendment, at its meeting of August 13, 2008; the West Atlantic Avenue Redevelopment Coalition (WARC) recommended approval of the proposed text -17- 11/03/08 amendment; at its meeting of August 14, 2008, the Community Redevelopment Agency (CRA) recommended approval of the proposed text amendment; at its meeting of August 18, 2008, the Planning and Zoning Board voted 4 to 0 to recommend approval. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 41-08, the public hearing was closed. Mr. McDuffie moved to adopt Ordinance No. 41-08 on Second Reading/Second Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 48-08: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National Ambulance Fee Schedule. The caption of Ordinance No. 48-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66. "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMBULANCE FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 48-08 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. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 48-08, the public hearing was closed. -18- 11/03/08 Mr. Eliopoulos moved to adopt Ordinance No. 48-08 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 49-08: An ordinance amending Chapter 71, "Parking Regulations", of the Code of Ordinances by amending Section 71.060, "Parking Meter Permits", to provide for a change in fees charged for parking permits. The caption of Ordinance No. 49-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 71.060, "PARKING METER PERMITS", TO PROVIDE FOR A CHANGE IN FEES CHARGED FOR PARKING PERMITS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 49-08 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. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 49-08, the public hearing was closed. Mr. Bernard moved to adopt Ordinance No. 49-08 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:16 p.m. 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. inquiries. The City Manager had no response to prior public comments and -19- 11/03/08 11. From the Public. 11.B.1. Greta Britt, 867 Sunflower Avenue, Delrav Beach, expressed her disappointment in the City for not taking a proactive role in securing an early voting site for the residents of Delray Beach. Mrs. Britt stated this is a historic election that has generated enormous interest and the neighboring cities to the north and to the south did secure sites for their residents. She stated she has been involved with the City at different levels and normally the City is proactive and out there on the forefront setting a standard that others tend to follow. Mrs. Britt stated asked why the City of Delray Beach did not take a proactive role with this particular issue. 11.B.2. Shirley Johnson, 701 N.W. 4t'' Street, Delrav Beach, echoed comments expressed by Mrs. Britt and thanked Commissioner Bernard in his 11th hour attempt to bring early voting to accommodate the citizens of Delray Beach. She stated many citizens asked her if they could vote at the Delray Beach Library and her response to them was that they had to early vote at the Boynton Beach Library, the Boca Raton City Hall, or the County Library on Hagen Ranch Road. She stated many of the citizens do not have transportation to travel such distances but they were accommodated by the campaigns if they requested it. However, Mrs. Johnson stated residents did not understand why they had to go so far to vote and she feels it would have eliminated many of the long lines that were at the other locations had Delray Beach been a part of the process. Mr. Fetzer stated he expressed his concern about the lack of an early voting location as Commissioner Bernard had. Mr. Fetzer stated he told the Commission that he was going to talk to the library about why the early voting did not happen. He stated he met with Alan Kornblau, Delray Beach Library Director, and according to Mr. Kornblau the Supervisor of Elections Office did not follow through with the discussions they were having and it became too late to make that happen. NIr. Fetzer stated he agrees with Shirley Johnson that this is unacceptable and he is looking for something different in forthcoming elections. He stated that he would like to go on record and suggest to the new Supervisor of Elections that this be a priority for them to develop an early voting location in Delray Beach. Mayor Ellis stated she too spoke with the Library Director to find out that when the Supervisor of Elections made the call they were quoted normal rates for the rental of the library and no one ever followed up until it was too late. Mayor Ellis stated the City was very limited as to where early voting could occur. The City of Delray Beach had other City buildings that could have been utilized for early voting sites; however, the Supervisor of Elections would not accept anything but this particular building (City Hall). Therefore, Mayor Ellis stated even though the City could have provided early voting at other City locations, the Supervisor of Elections office by Statute was not willing or able to do that. The City Manager stated the City offered City Hall and the Supervisor of Elections Office said it was not suitable. -20- 11/03/08 At this point, the time being 7:22 p.m. the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 50-08: Consideration of a proposed ordinance by enacting a new Chapter 74, "Civil Traffic Enforcement", of the Code of Ordinances, by enacting new Sections 74.01 through 74.16, providing for "Intent', "Use of Image Capture Technologies", "Definitions", "Adherence to Red Light Traffic Control Signals", "Violation", "Review of Recorded Images", "Notice of Violation/ Infraction", "Vehicle Owner Responsibilities", "Appeal to Hearing Officer", "Vehicle Owner Affidavit of Non-responsibility", "Penalty", "Administrative Charges", "Collection of Fines", "Exceptions", "Appeal of Order", and "Enforcement', to provide for the use of a code enforcement mechanism for intersection safety. If passed, a public hearing will be scheduled for November 18, 2008. The caption of Ordinance No. 50-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW CHAPTER 74, "CIVIL TRAFFIC ENFORCEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY ENACTING NEW SECTIONS 74.01 THROUGH 74.16, PROVIDING FOR "INTENT", "USE OF IMAGE CAPTURE TECHNOLOGIES", "DEFINITIONS", "ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS", "VIOLATION", "REVIEW OF RECORDED IMAGES", "NOTICE OF VIOLATION/ INFRACTION", "VEHICLE OWNER RESPONSIBILITIES", "APPEAL TO HEARING OFFICER", "VEHICLE OWNER AFFIDAVIT OF NON-RESPONSIBILITY", "PENALTY", "ADMINISTRATIVE CHARGES", "COLLECTION OF FINES", "EXCEPTIONS", "APPEAL OF ORDER", AND "ENFORCEMENT", TO PROVIDE FOR THE USE OF A CODE ENFORCEMENT MECHANISM FOR INTERSECTION SAFETY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 50-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. -21 - 11/03/08 Mr. Fetzer stated at the last meeting he asked the City Manager if the Commission could get some objective data on the impact from a safety standpoint. He stated the City Manager provided the Commission with some information from the National Insurance Institute for Highway Safety that he felt had some explicit explanations as to why it makes sense from a safety standpoint to do this. Mr. Fetzer stated he is a believer in utilizing technology from a standpoint of what this could do to help us with safety issues and also to help us conserve our Police resources where this would be an additional tool for them. Mr. Fetzer thanked the City Manager for the data that was provided to him. Mayor Ellis stated she has been a proponent of this for some time and she agrees with Mr. Fetzer regarding the use of technology and allowing resources of our Police Department for additional crimes in other areas. The information has showed us it does provide additional safety to those cities that have utilized it. Mr. McDuffie stated he reviewed this in great length at the Metropolitan Planning Organization (MPO) which he sits on for the City. He stated the meeting was full of information and he would like to inform our community that we do not want this to be something that is punitive in nature but it needs to be recognized as safety issues and not something that the City is doing to raise revenue. Mr. McDuffie stated these accidents can be terrible accidents and commented that fatalities are frequent and severe injuries are frequent when someone is t-boned in the side of the door. Mr. Fetzer moved to approve Ordinance No. 50-08 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 53-08: Consideration of a proposed amendment to the Community Redevelopment Plan amending Section 3.11, "Required Findings", to provide for sponsorship of City tennis tournaments. If passed, a public hearing will be scheduled for November 18, 2008. The caption of Ordinance No. 53-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSNE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTE 163.360; PROVIDING A GENERAL -22- 11/03/08 REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 53-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling Director of Planning and Zoning, stated this is a proposed amendment to the Community Redevelopment Agency (CRA) Plan to add a section providing for the sponsorship of tournaments at the Delray Beach Municipal Tennis Center. Mr. Dorling stated during the preparation of the fiscal year 2008/2009 budget the City of Delray Beach requested that the CRA agree to contribute a $500,000 sponsorship to help offset the cost of the site host fees for major tournaments held at the tennis center. The sponsorship supports the CRA mission as well as the goals of the Downtown Master Plan by helping the Tennis Center remain a competitive venue for major events. However, an amendment to the Community Redevelopment Plan is required in order for the CRA to provide the sponsorship. At its meeting of October 20, 2008, the Planning and Zoning Board considered this amendment and unanimously recommended approval with a 6 to 0 vote. At its meeting of October 16, 2008, the Community Redevelopment Agency also recommended approval. Mr. Bernard moved to approve Ordinance No. 53-08 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:30 p.m. the Commission moved to Item 9.C. of the Regular Agenda. 9.C. APPEAL OF HISTORIC PRESERVATION BOARD DECISION/610 NORTH OCEAN BOULEVARD: Consider an appeal of the Historic Preservation Board's denial of a Certificate of Appropriateness (COA) for an accessory structure (tree house) located in front of 610 North Ocean Boulevard, Fontaine Fox Historic Site. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who gave testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. McDuffie, Mr. Bernard, and Mayor Ellis stated they had no ex parte communications to disclose. Mr. Eliopoulos stated in 2001 he talked to the applicant, former Mayor Schmidt and former Mayor Perlman, and Francisco Perez-Azua. Mr. Fetzer stated he had no ex parte communications to disclose. - 23 - 11/03/08 Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-164 into the record. Mr. Dorling stated in 1989 via Ordinance No. 70-89 the property in question was added to the local historic registry. The property subjected to this designation includes two and a half (2.5) acres of land consisting of Lots 1, 2, and 3 of the Ocean Apple Estates Plat. The property currently contains 1,184 square foot Cape Cod style cottage constructed in 1936 and designed by renowned architect John Volk and was occupied by Fontaine Fox who was the artist for the "Toonerville Trolley" cartoon strips. In 2002, the owner of the property filed an application for a Certificate of Appropriateness (COA) to get approval of an existing accessory structure which had been built on the property without permits. Mr. Dorling stated the structure they sought approval for through the COA process is a tree house. The application went before the Historic Preservation Board (HPB) at their September 4, 2002 meeting and HPB recommended denial of the application. That decision was appealed by the applicant in December 2002 and that appeal was considered by the City Commission and the vote was 2 in favor and 2 against the appeal. Prior to just recently, that was construed as being a denial of the project. Subsequently, the applicant sued the City of Delray Beach and the Court has come to the conclusion that a tie vote actually results in no action. Since there was no action on this application, it is now before the current City Commission for a reconsideration of the original application for that appeal. Mr. Dorling stated when the Historic Preservation Board considered the application they recommended denial based upon criteria that the City has in the LDRs particularly LDR Section 4.51(E)(4), (E)(7) and (E)(a-k) as to it not being compatible with the existing structure. He stated based upon findings of the old Delray Beach Design Guidelines Section IV -New Additions to Historic Buildings which states that "locating the appendage [to a structure] at the rear or an inconspicuous side and limiting the size and scale in relationship to the existing structure is essential", the tree house of this structure is directly in front of this historic structure and is not consistent with the Historic Design Guidelines of that day. Also, he stated there are other LDR Sections that talk about Secretary of the Interior's Standards that all of these additions be visually compatible and there are some additional comprehensive policies which they found the proposal to be inconsistent with which talk about protecting historic resources and them being consistent in scale and mass as well as their location as identified with the Delray Beach Design Guidelines. Ellen U~uccioni, Architectural Historian by Profession and has been working in Historic Preservation for the last 30 years, stated she was here when this item was first appealed and noted that her career has taken her to Kansas City, Coral Gables, and she is presently the Historic Preservation Officer for the City of Miami, served on the Florida Historical Commission for 12 years and most recently was reappointed by Governor Crist and she has written five books about local art and architecture as well as historic preservation. Ms. Uguccioni stated she was asked to testify as an expert because she has been working in preservation for so long. She stated what the issue is are the regulations concerning historic preservation and how important the -24- 11/03/08 Fontaine Fox House is to the City of Delray Beach and why it is so unique. Ms. Uguccioni stated the City's ordinance speaks to the protection of historic buildings for the public purpose and noted that the tree house is very much in the forefront. She stated that accessory structures should be located in a subordinate position because we are emphasizing the historic structure when we locally designate something. Ms. Uguccioni stated this is a very sophisticated and permanent structure (approximately 10x12) with plumbing and electricity. She feels to call this a tree house is somewhat misleading. She stated in all of Volk's designs she does not know of another design that has this kind of rustic character that we see in the Fontaine Fox House. Ms. Uguccioni stated while the tree house was built for a good reason, she feels it does obstruct the view to the Fontaine Fox House and goes against the LDRs and the Historic Preservation ordinance. She stated the Historic Preservation Board's recommendation was to move the tree house to the rear or to the side not to destroy it. Devon G. Coughlan, Ruden McClosky Simon Schuster & Russell, P.A. Attorney representing Frank and Nilsa McKinney, entered some documents into the record and distributed small excerpts of the same to the Commission. Mr. Coughlan stated the first issue is the appeal ordinance and they were here in 2002 and the appeal code Section 2.4.7(E) has been amended since then. Mr. Coughlan stated the original appeal section stated that an appeal before the Commission was limited to the record below. The new ordinance passed in 2006 states that "an appeal before the Commission comes "de novo" which means the Commission can look at new evidence in addition to the record below. He stated they have been instructed by the City that they will be proceeding under the new ordinance not the old ordinance and they will proceed as directed without waiving the objections they may have to that decision. Mr. Coughlan stated this is a historically designated piece of property but there have been some legal issues that have come up about that designation. The ordinance when passed was designed to sunset if certain conditions were not met and one of those conditions was that the property owner was supposed to obtain a waiver of the County's 80 foot right-of--way for A-1-A and they cannot find any record that it was ever done. Mr. Coughlan made reference to the memorandum staff report dated June 5, 2002 given by City staff to the Historic Preservation Board. He stated this report states "that the design of the tree house is in keeping with the Cape Cod style cottage of the extant historic dwelling with its natural frame construction, clapboard siding, wood shingle clad, gable roof, and modest detailing." However, they go on to include that the size and scale and specifically where it is located is a problem and part of that has to do with whether or not the vegetation in front of the home can be relied upon to continue to screen the structure from site. Mr. Coughlan stated the report goes on to state that "the existing vegetation can be altered or removed in the future to make the additional structure more visible and the retention of the vegetation cannot be ensured in the future." The report goes on to state "to ensure compliance with all these standards they are recommending that the structure be moved from its current location." "The structure should be razed or relocated to the far north or west side of the property ensuring that no architectural attributes of the front facade of the historic structure are in any way obscured." Mr. Coughlan stated the issue is whether or not this structure obscures the front facade of the main dwelling. He made reference to the City staff recommendation and stated that City staff recommended that the COA be - 25 - 11/03/08 approved and a finding that the tree house met all the applicable regulations with a condition which was relocation of the tree house based upon a concern that it may be obstructing the main residence and the foliage was not as hearty as it was hoped. Mr. Coughlan stated we have had three hurricanes since this came before the Commission last time and the foliage and the structure have survived. He stated the tree house is above the site line to the front facade of the house and the foliage is dense enough that even if you pull the tree house out from the right-of--way you cannot see the house at all. Mr. Coughlan stated while this is a historic structure, historic structures change over time and in the Secretary of the Interior's Standards for Rehabilitation, Standard #4, recognizes that most properties change over time and those changes that acquire historic significance in their own right shall be retained and preserved. Mr. Coughlan stated a property changes over time and the key is can you preserve the character of the property. He stated this is an old Florida piece of property and adding this tree house has not changed the character of the property but has rather enhanced it. Mr. Coughlan stated while the tree house is largely supported by its own supports there is a straggling fig that is part of the center island that grows through the tree house. He stated another issue is will you damage or kill that tree if the tree house is taken down and under the City's tree ordinance there is an effort to try and protect historic trees. He stated the tree house is also a benefit to the community and noted that it is a charitable item and has been offered to many charitable organizations over the years which have been very popular. Mr. Coughlan stated the McKinney's have been a really good custodian of the property over the years and it is a value to the McKinney's. All of the findings of staff are does it block the main view of the main structure. Mr. Coughlan stated that is the reason that staff said foliage might not exist lets move it to the side. He stated if all the foliage gets raised to the ground we will be able to see the main structure but in the history of this property this has never happened. Mr. Coughlan stated Mr. McKinney is willing to enter into an agreement that said if the foliage disappeared and was not regrown or replaced in six months then he would take the tree house down because at that point the concern raised by City staff would come to fruition that perhaps it would be in the way of the view but as long as the foliage is there then there is no way to see the main house and there never has been. Mr. Coughlan stated anyone who drives by the property probably does not even know the tree house is there. He stated there is a vacant lot on one side, a big mansion on the other side, and a slice of old Florida in the middle (the McKinney's property) and noted that the McKinney's have done a great job with preserving that slice of old Florida and this tree house adds to that rather than detracts from that. Mr. Coughlan stated he believes it would do more damage to the property to remove the tree house because it is a benefit and has really become part of the structure of this property and feels the public sees it that way. Lastly, Mr. Coughlan read letters into the record from neighbors regarding how they feel about the tree house. Mr. Coughlan stated the most critical element is does it block the view of the main house from the right-of--way and noted that it does not. He urged the City Commission to uphold the appeal and overturn the decision of the Historic Preservation Board and allow Mr. McKinney to proceed with processing the permits which he submitted many years ago for this structure. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. There being no one from -26- 11/03/08 the public who wished to address the Commission regarding the appeal, the public hearing was closed. There was no cross-examination. The following individuals gave brief rebuttals: Mr. Dorling stated he has heard a lot of staff's recommendations but this is really an appeal of HPB's direction which was denial of the application. He stated staff continues to affirm that the tree house is inappropriately located with respect to the front facade as identified in the Design Guidelines for the City. Mr. Dorling stated there was a comment mentioned about this structure not obstructing the view and this being above the site line of the house. He stated if Mr. McKinney had come into the City for a building permit he would not have been able to put the tree house there because the City has a regulation that does not allow someone to have an accessory structure above the height of a primary structure and the tree house sits above the house but it is not there legally. Lastly, Mr. Dorling stated you can add to a historic structure but it has to be compatible. He stated the other additions that have been made to the primary structure do not negate it historically and are compatible. Ms. Uguccioni stated the historic home becomes less than because this structure is such a focal point. She stated the tree house is so overwhelming in terms of height she believes it does draw your eye to the new structure which is not compatible with the single family residence. Ms. Uguccioni stated Standard #4 of the Secretary of the Interior's Standards for Rehabilitation which speaks to the evolution over time, but noted that the standards came out in 1981 in response to the Federal Tax Act and they were talking about buildings like colonial buildings which had three or four different owners. She stated everything we look at for now is 50 years as our threshold and the tree house which was built in 2001 would never qualify under that standard. Ms. Uguccioni stated Mr. Coughlan's interpretation of Standard #4 was not a sound interpretation. Mr. Coughlan stated he would like the Commission to look again at the pictures he submitted into the record. He stated he feels they are proving negative here in that it is obstructing the view of something that you otherwise cannot see. Mr. Coughlan stated while it may draw your eye up if it was gone you still could not see the facade of the historic structure and you have never been able to see the facade of the historic structure from A-1-A. He stated they are willing to enter into a condition so that you never would be able to see the facade or historic structure from A-1-A and if you could and the tree house was in the way, within a six month period of time that the foliage was not replanted or it did not grow back, it would be removed. Mr. Coughlan read a brief passage from the prior hearing held November 19, 2002 from former Mayor David Schmidt. Mr. Coughlan stated the City has never required someone to tear down a structure that has been built because of a lack of a Certificate of Appropriateness (COA) and based upon the evidence submitted he feels there are enough facts to allow the City Commission to uphold the appeal. -27- 11/03/08 Mr. Eliopoulos stated as the McKinney's attorney stated the McKinney's have been great with charities, etc. Mr. Eliopoulos is looking at this as though the tree house is not there and they are requesting to put it there. He stated if that was the case, he would not support it because there is no hardship and there are other areas around the house to put this. Mr. Eliopoulos stated this is more elaborate and is a habitable space and is not a tree house because you can actually live in it. He stated should the Commission approve this tonight he would like the Building Department to look at things such as things that meet typical habitable spaces and treat it more like a house because you can actually house someone in it. Mr. Eliopoulos stated the City's guidelines state that you do not place accessory structures in front of a historic structure. He stated if there is a hardship and someone needs to have a garage because they do not have one and do not know where to put it then you would start looking at it; however, Mr. Eliopoulos stated he does not see this as a hardship. Mr. Eliopoulos stated the City's Building Code states that you cannot exceed the primary structure and in his opinion this is where this failed to meet some of the City's criteria. Mayor Ellis concurred with comments expressed by Commissioner Eliopoulos. She stated that structure would never have been allowed to be built with the City's Codes and ordinances. Mayor Ellis stated this would not be permitted in its existing structure in any way and she cannot support this. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented (denying the appeal), seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion to adopt the Board Order (denying the appeal) passed with a 5 to 0 vote. 9.D. REJECTION OF BIDS REGARDING THE TOWING RFP AND AUTHORIZATION TO REBID: Approve the rejection of all bids received for the wrecker/towing services RFP #2009-02 and authority to rebid the wrecker/towing RFP. The City Attorney stated this towing bid was discussed at the last meeting and we have had some review of some points that were brought up by Attorney Michael Weiner and staff would like to correct some of those in the bid. Also, the City Attorney stated in discussions staff would like see if they can send out additional notices because some of the addresses were not as up-to-date as they would have liked them to be. The City Attorney stated they are hoping to get more than just one bid and the bid the City received before was not opened and she suggested that the Commission reject these bids and go out for bid again to see if the City can get additional bids. Mr. Bernard moved to reject all bids regarding the towing RFP and authorize a rebid, seconded by Mr. McDuffie. Upon roll call the Commission voted as - 28 - 11/03/08 follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.E. THIS ITEM HAS BEEN TABLED. 9.F. THIS ITEM HAS BEEN POSTPONED TO DECEMBER 2, 2008. 9.G. REQUEST/GREEN MARKET RELOCATION: Consider approval of a request from the Historic Delray Green Market to relocate to Old School Square surface lot (Block 76) for the remaining of this season which ends May 16, 2009. Robert A. Barcinski, Assistant City Manager, stated the Historic Green Market is requesting to relocate to the east half of the Old School Square surface parking lot for this green market season. He stated part of the reason is with the construction currently going on in Worthing Park there is no load in area and it could be dangerous because the parking lot is blocked off and there is going to be some noise. Mr. Barcinski stated the only conflict would be the Garlic Festival and Lori Nolan, Green Market Manager has indicated that she may cancel that weekend. Mr. Barcinski stated staff does not anticipate any other conflicts based on his last meeting and scheduling, and by the time they get through State approvals and the bid process the park construction will probably not start until May 2009. Mr. Barcinski stated there will not be any overtime because they can leave barricades and volunteers or the regular crews that work the weekend can help set up. Mr. Barcinski stated staff has no objection to this request and commented that Marjorie Ferrer and Peggy Murphy also felt it would be a good location and would help bring people down Pineapple Grove Way. Mayor Ellis asked if it is the east half of the parking lot. Mr. Barcinski confirmed that this is correct. Mr. Eliopoulos moved to approve the request for the relocation of the Historic Delray Green Market, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated Mr. Eliopoulos had previously pointed out that the garbage truck emptied the recycling bin into itself. Staff did visit Mr. Eliopoulos' office and the yellow cart had good things in it that looked like good recyclable material. The City Manager stated staff contacted Waste Management and made them aware of the concerns expressed by Commissioner Eliopoulos. The City Manager stated staff will monitor the site to try to make sure they handle it the way they should. -29- 11/03/08 Secondly, the City Manager stated all of the office paper and cardboard could be recycled at no charge by using the containers here north of City Hall. The City Manager stated at the last meeting there were concerns raised about the City's purchasing process and noted that this will be discussed at the November 11, 2008 Workshop Meeting. He stated for the fourth consecutive year the National Digital Cities Survey that is handled in coordination with the National League of Cities places the City of Delray Beach in the top ten for cities of our size. The City Manager stated the City of Boynton Beach is #10 this year and the City of Delray Beach is #8 and the Town of Jupiter is #3 or #4. He stated this is quite interesting to have three Palm Beach County cities on that list. Lastly, the City Manager stated the revenues for fiscal year 2008 came in $1 million less than expected but the good news is through the money saving measures that have been put in place to control expenditures and with the hard work of the Department Heads and all City employees, the expenditures came in $2 million under budget. The City Manager stated there is not an extra million to spend because looking at that year in isolation and some money was brought forward from the prior year to balance that budget to begin with, the City still has a $600,000.00 deficit. He reiterated that staff did an outstanding job and he would like to celebrate in some way and discuss this at a later date with the Commission. Mayor Ellis stated this is really an outstanding effort on behalf of our staff to come in $2 million below budget expecting that the revenues were not going to meet the projections. She thanked staff and hopes there is a way that the Commission can show their appreciation. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he had the pleasure of attending a presentation last Thursday at Carver Middle School. He stated that Darden Consumer Solutions has provided a grant for the before school program of over $7,600.00 and he was very impressed with the media center. Mr. Fetzer stated there were over 200 students participating in the program and he thanked the City Manager and staff for getting this going. -30- 11/03/08 Secondly, he stated he attended the Chris Evert Raymond James Charity Event over the weekend. Mr. Fetzer stated he feels the event was very successful and noted that over $1 million was raised. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos commented about the email from Nancy Schneider to see if local government will support this Climate Action. He stated this has to go to the Federal level and he would like to support it. Mr. Eliopoulos stated this has a lot of good things that we want to see our government do and noted that the City of Boynton Beach is supporting this. Secondly, he stated TJ Jackson who works at one of the fitness studios south of here would like to see about giving a Workshop presentation to the Commission on Fitness for Youth. He stated it is all ages and has it set up where if someone is less fortunate then he may charge a minimal fee per day and it is all about every sporting event and is not just geared towards football and is all about them being healthy with their lives and it builds up on speed. Mr. Eliopoulos stated a lot of times they actually do these on school campuses and as the kids get out of school they have to spend an hour doing homework with the leaders that he brings in (i.e. professionals from different sports). Mr. Eliopoulos feels this is a great way for us to be educating our youth again with different ways about being fit. Lastly, Mr. Eliopoulos commented about Chevelle D. Nubin, City Clerk, being sworn in as President of the Palm Beach County Municipal Clerk's Association. 13.C.3. Mr. McDuffie Mr. McDuffie stated he too spoke to TJ and noted he was with the people from the football camp that was at Plumosa last year. Mr. McDuffie stated TJ came to the first Delray Rocks Breakfast Meeting that he had at Donnie's and feels this is worth looking into and noted TJ is very active in the community. Mr. McDuffie stated everyone recalls when the Delray Rocks attended the Commission Meeting and how they were disappointed with the contrast between the soccer complex and Hilltopper Stadium and several people went to work on trying to find out things. Mr. McDuffie stated at the Breakfast he set up another meeting which was an evening meeting at the Community Center. Mr. McDuffie stated very disappointingly the only person other than Commissioner Bernard that showed up was Reverend Winston Hudson. Mr. McDuffie stated he is still willing to do this but someone from the Delray Rocks has to come and noted what he does not want them to do is to do it at the beginning of next season when it is too late for the Commission to do anything. Mr. McDuffie stated he will continue to pursue this through at least one more meeting. Secondly, Mr. McDuffie stated he was invited to Cason United Methodist Church to open their community garden. He stated Cason is going to turn the five acres -31- 11/03/08 into green space and feels this is a great step for the community and is encouraged to know that Spady Elementary PTA has bought avegetable/food plot and the kids are going to work it. Mr. McDuffie stated they are also going to take some of the things that are grown there and give them to the Caring Kitchen. He stated he attended the Chris Evert Raymond James Celebrity Gala and tournament. Mr. McDuffie stated aside from bad weather on Saturday the event was very successful. Mr. McDuffie congratulated staff for coming in with expenditures $2 million below budget. He stated due to the change in the meeting tonight to avoid the Election, Mr. McDuffie stated he actually gets to go to Banyan Creek's PTA and SAC meeting tomorrow evening. Lastly, Mr. McDuffie stated on November 15, 2008 he will speak at a Florida Atlantic University (FAU) class regarding ethics. 13.C.4. Mr. Bernard Mr. Bernard stated on November 10, 2008 he believes most of the Commission received a letter that we were inviting the community stakeholders in terms of taking a look at the Southwest Redevelopment Plan. He stated he spoke to Delores Rangel, Administrative Assistant today and she is going to post the meeting and he would love to have the entire Commission there so that they can take a look at the plans to see what they have done and see what they can do in the future to improve the plans and move the southwest area along. Mr. Bernard stated he will be out of town November 14-18, 2008 and will not be here for the City Commission Meeting of November 18, 2008. He stated he attended the Chris Evert Celebrity Tournament and it was a wonderful event. Mr. Bernard commended the City staff, and the Delray Beach Police Department for the way everything was handled and the fact that the event raised $1 million. Mr. Bernard stated he attended the 11th Annual Multi-Cultural Festival and it was a great event. He stated in the future he hopes that more of the City Commission will be there. He stated it was disappointing to be at the Delray Rocks Meeting and have no one to show up. Mr. Bernard stated he hopes that he and Commissioner McDuffie will try to contact the key constituents in making sure that the next time we do set up a meeting we can make sure at least the people who are here are able to attend. -32- 11/03/08 Mr. Bernard stated last Thursday he was able to speak to Dr. Weigel in terms of how we can improve Atlantic High School. The community had a meeting at Pompey Parkin terms of addressing some of the concerns that are taking place at Atlantic High School. He stated based on talking to Dr. Weigel he believes there are two things that we as a City, a community, and the Delray Beach Police Department can do to help Atlantic High School Mr. Bernard stated the first thing is to try to reduce the suspension rates and he hopes along with the Education Board and Janet Meeks that the City can find a way to help Dr. Weigel and she will welcome that. Mr. Bernard stated the second issue is to try and increase the SAT and the ACT scores. He stated he hopes that the Education Board, the City, and the community can try to help her in terms of achieving those goals. Mr. Bernard stated this morning he had a meeting with the Delray Beach Police Department, the community, and the leaders and it was great to hear that although there are 160 gangs in Palm Beach County, it does not appear that Delray Beach has a gang problem. He stated he felt that this was reassurance of the job the Police Department is doing in the community. Mr. Bernard stated he had a chance to speak and told them that he hopes that in 2010 the City of Delray Beach will become an All- America City one more time. He stated he was disappointed that we were not able to use the Delray Beach Library for the early voting because he believes in these tough economic times this would have been an opportunity for the library to showcase itself and the people who would have had the opportunity to come to early voting would have had the opportunity to see the library. Mr. Bernard stated he voted early at the Palm Beach County Library (Hagen Ranch Road Branch in Delray Beach) and since he had never been to the library he feels there is a lasting impression in his mind. He stated he believes this would have been the same affect that Delray Beach could have gotten out of its library had it been used for early voting. If the City is able to work out the logistics, Mr. Bernard hopes we can do that in the future. 13.C.5. Mayor Ellis Mayor Ellis stated she went to the community garden and planted eggplant and feels this is truly a unique idea. She stated they are asking to give a certain percentage of the yield of this to the Caring Kitchen. Secondly, she stated she did not make the tennis tournament because her accountant was in town and she is sorry to report that her company did not have the same outcome as the city. Mayor Ellis stated this is an outstanding effort regarding the $2 million less in expenditures. She stated she is amazed and overwhelmed and hopes there is a way that the Commission can express their appreciation to City staff. Mayor Ellis stated she was looking forward to the event in the Southwest section; however, she will be out of town from November 9-16, 2008 and will not be there. - 33 - 11/03/08 She stated the Downtown Association will be in town on Thursday, November 6, 2008 for a conference at the Marriott Hotel. Mayor Ellis stated Marjorie Ferrer, Joe Gillie, Diane Colonna, and she will be hosting a panel on how important culture is to a community and having a city and its residents support that initiative. Mayor Ellis stated there will be about 75 attendees. There being no further business, Mayor Ellis declared the meeting adjourned at 8:45 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 November 3, 2008, which Minutes were formally approved and adopted by the City Commission on November 18, 2008. 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. -34- 11/03/08 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ~SCOUNTY MLUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE ' " oulos Ga Delray Beach City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 9f1 S (_nnran Ruch Rnn l nv~ r.l V4HICN I SERVEdS A UNfT OF: CITY COUNTY Cr1Y ^ COUNTY ^ OTHER LOCAL AGENCY Delra Beach Florida 3.4445 Palm Beach NAME ~ PouTtcAt-susornsloN: DATE ON WHICH VOTE OCCURRED Clt of Delra Beach 11 ~ 3 ~ 2~t)8 MY POSITION IS: ~ ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This forth is for use by any person serving at the county, city, or other-local level of government on an appointed or elected board, council, commission, authority, or committee. It applies.equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section i 12.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position.. For this reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the form. ' INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inducting the parent organization or subsidiary of a corporate principal bywhich he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capadty. For purposes of this law, a "relative" includes only the officer's f~her, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate° means any person or entity engaged 'in or carrying on a business enterprise with the officer as a partner,. joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are net listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disdose the conflict: PRIOR TO THE VOTE BEING TAKEN by publidy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters- However, you must disdose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 Item 8_L = Item 9.A.A_A PAGEt (SPRAB Item B, Marriott Residence Inn) APPOINTED OFFICERS (continued) • A Dopy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before partiapating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A'copy of the form .must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, . Garg Eiiopoulos ,hereby disclose that on . November. 3 2008 (a) Ameasure came or will come before my agency which (check one) _ inured to my specal private gain or loss; >~- inured to, the. special gain or loss of my business associate,- Eliopoulos ArchCectu_re ,..Inc.. ; inured to the special gain or loss of my relative, ~ ; inured to the special gain or foss whom I am retained; or by inured to the special gain: or loss'of. which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the'nature of my conflicting interest in the measu~e.is as follows: 11/03/2008 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §1.12.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED 8Y ONE.OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION- FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,400. CE FORM 86 - EFF. 112000 PAGE 2 WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who.are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position.' For this reason, please pay Gose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.31.43, FLORIDA. STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly votng• on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inGuding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of. community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting.in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate° means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disGose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE~OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disGose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO-THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) ~t rvrcM uts - trF. 1/2000 Item 9.B PaGE1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. - The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE 7HE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote.occurs with the person responsible for recording :the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to .the other members of the agency, and the fomi must be read publicly at the next meeting afterthe-form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, G.arv Eiiopoulos ,hereby disGose that on November 3 , 2008 - (a) A measure came or will come. before my agency which (check one) _ inured to my special pmate gain or loss; g~ inured to.the special gain or foss of my business associate,- Eliopoulos Architecture, Inc.. inured to the special gain or loss of my relative, _ inured to the special gain or loss of , by whom I am retained; or inured to the special gain:or loss'of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure. before my agency and the' nature of my conflicting interest in the measure, is as follows: 11/03/2008 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. t/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ~SCOUNTY MLUNICIPAL AND OTHERFLOCAL PUBLIC OFFICERS OARO, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE " oulos Ga Delray Beach City Ca®ission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORnY OR COMMITTEE ON Boulevard WHICH 1 SERVE IS A UNIT OF: CITY COUNTY CITE' O COUNTY O OTHER LOCAL AGENCY )elra Beach Florida 3.4445 Palm Beach NAME OF POLITICAL susonnsloN: GATE ON VNiICH VOTE OCCURRED Cit of Delra Beach - 11 /3 /2008 IuY PoslnoN Is; _ ~ ELECTIVE O APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or otherlocal level of government on an appointed or elected board, council, commission, authority, or committee. It applies. equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason; please pay Gose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from' knowingly voting on, a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inGuding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or Toss of a relative; or to the special private gain or loss of a business associate. Commissioners of. community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting.in that capacity. For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate° means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 GAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION.PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other sidel CE FORM 88 - EFF. 1/2000 Item 9.F PAGE1 APPOINTED OFFICERS (continued) • A copy of the forth must be provided immediately to the other members of the agency. • The form must be read publiGy at the next meeting after the form is filed- IFYOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must discose wally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15-days after the-vote occurs with the person responsible for recording :the minutes of the meeting, who must incoiporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publiGy at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST f, G•arg Eiiopoulos ,hereby disclose that on November 3 , 2008 (a) Ameasure came or will come before my agency which (check one) inured to my special private gain or loss; ~- inured to. ttie special gain or toss of my business associate, Eliopoulos Architecture, .Inc.. . inured to the special gain or loss of my relative, ; inured to the special gain or loss of , by whom 1 am retained; or _ inured to the special gainror loss'of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the'nature of my conflicting interest in the measure, is as follows:. 11/3/2008 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ~SCOUNTY MLUNICIPAL AND OTHERFLOCAL PUBLIC OFFICERS O BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ' u os Ga Delray Beach City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON ulevard WHICH I SERVE IS A UNfT OF: CITY COUNTY CfTY DCOUNTY ^OTHERLOCALAGENCY )elra Beach Florida 3.4445 Palm Beach NAME ~ PoLIncAL sueolwsfoN: GATE ON WHICH VOTE OCCURRED Clt of Delra Beach 11 ~3~2UU8 MY POSITION IS: _ ~ ELECTIVE O APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay Gose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, munidpal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or Toss of a principal (other than a government agency) by whom he or she is retained (inGuding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of. community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" inGudes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-taw. A "business associate° means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on arty national or regional stock exchange). . . . . . . . . . . . . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disGose the conflict: PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: • Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disGose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO-THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) .,~ ~ ~.~.~n ou - err. VLWV PAGE 1 Item 10.B APPOINTED OFFICERS (continued) • . A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly of the next meeting after the form, is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before partiapating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A.copy of the form must tie provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, . Gaj=,y Eiiopoulos , hereby disclose that on November 3 . Zp 08 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; ~- iriured to, the special gain. or toss of my business associate, Eliopoulos Architecfiure, Inc.. ; inured to the special gain or loss of my relative, ; _ inured to the special gain or loss of , by whom 1 am retained; or _ inured to the special gain:or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of.my conflicting interest in the measure is as follows:, 11/03/2008 Oate Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR ANO MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 321 NW 1St AVENUE PROPERTY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request to allow two parking spaces to be located within the front setback per the attached revised site plan has come before the City Commission on November 3, 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 321 NW 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: Pursuant to LDR Section 4.6.9(C)(2)(a), no required parking space may be located in a required front or street side setback. The Applicant has requested a waiver as the proposed two parking spaces are located 15.5' within the front setback. 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 4.6.9(C)(2)(a) meet all 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. 1 ~.c 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 4.6.9(C)(2)(a). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3~d day of November, 2008, by a vote of 5 in favor and 0 opposed. ~,o'''`-~^ _~ ATTEST: ita Ellis, Mayor ~,\ , Chevelle Nubin, City Clerk Entl of Roadway (turns left on to NW 3rd CtJ Existing plant beds 2 Parking spaces on Chattahoochee loose gravel, request- ing g.5'setback from prepzrty lint ivs 25 setback standard for parking spaces) Property line Remove impermeable concrete driveway (orange areasi replace with ground rovers and hedge Existing driveway segment to remain (gray area] wish exlsgng driveway gate to remain Chattahoochee lance gravel gaden pathvray Gtatlahwchee loose gravel garden terrace Chattahoochee loose gravel placed on top of existing concrete pad Remove all sod, replace with ground covers and mulch Existing Mango Trees (all 7 to remain) Slight grade change, 3' maximum height Irom grade 32i NW ist Ave. Delray Beacn, fioritla Owner Michael Singer Site Modifications Landscape Plan revisad io.21.Da Sheet 010 SCALE: 1'=20' IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR THE DELRAY MARRIOTT HOTEL ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests regarding site visibility triangles and minimum height requirements have come before the City Commission on November 3, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Delray Marriot Hotel. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVERS: (A) Pursuant to LDR Section 4.4.13(F)(1)(a), the overall height of buildings must be a minimum of 25'. The applicant has requested a waiver to allow the minimum height for the new construction to be 22'5". (B) Pursuant to LDR Section 4.6.14(A)(1), a 20' visibility triangle is required for the area on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way (i.e. Andrews Avenue). The applicant has requested a waiver from this section to reduce the sight visibility triangle to 10' on the south side of the proposed ramp and 9'7" on the north side of the proposed ramp. (C) Pursuant to LDR Section 4.6.14(A)(2), a 40' visibility triangle is required at the intersection Andrews Avenue and East Atlantic Avenue. The applicant has requested a waiver from this section to reduce the sight visibility triangle to 21'11 ". 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. Does the waiver request to Section 4.4.13(F)(1)(a), minimum height requirement, meet all the requirements of 2.4.7(8)(5)? Yes 4 No 0 1 Does the waiver request to Section 4.6.14(A)(1), 20' visibility triangle, meet all the requirements of 2.4.7(8)(5)? Yes 4 No 0 Does the waiver request to Section 4.6.14(A)(2), 40' visibility triangle, meet all the requirements of 2.4.7(8)(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. 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 requests to LDR Sections 4.4.13(F)(1)(a), 4.6.14(A)(1) and 4.6.14(A)(2). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3~d day of November, 2008, by a vote of 4 in`favor and 0 opposed. /~~ , ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA FRANK McKINNEY AND NILSA McKINNEY, Appellants, v. THE CITY OF DELRAY BEACH, Appellee. ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REGARDING THE APPEAL OF THE CERTIFICATE OF APPROPRIATENESS FOR AN ACCESSORY STRUCTURE LOCATED AT 610 N. OCEAN BLVD., WHICH WAS DENIED BY THE HISTORIC PRESERVATION BOARD AT ITS SEPTEMBER 4, 2002 MEETING 1. This Appeal has come before the City Commission on November 3, 2008 as a result of the Order of the Court of the Fifteenth Judicial Circuit, Appellate Division, which remanded this case in order that the City Commission could resolve the tie vote and vote again in accordance with Section 3.12(c) of the City's Charter which requires an affirmative vote of three (3) Commissioners to take action. 2. This is an appeal of the denial of a Certificate of Appropriateness of an existing accessory structure located east of the main historic dwelling at 610 N. Ocean Blvd. consisting of afree-standing structure measuring 10' x 12' and 23' high. I. LDR REQUIREMENTS: A. LDR Sections 4.5.1(E)(4), (E)(7), and (E)(8)(a-k), "Development Standards", provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. (See, LDR § 4.5.1(E)(4), (E)(7), and (E)(8)(a-k) attached hereto as Exhibit "A"). Are these guidelines met? YES 0 NO 5 1 -~;C I'~9 i (- 3- ~~ ~-~en,~ ~, G~ ' McKinney v. City of Delray Beach II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES: Section IV. New Additions to Historic Buildings Locating the appendage [to a structure] at the rear or an inconspicuous side and limiting the size and scale in relationship to the existing structure is essential. If new additions such as balconies are being considered, they should be on non-character defining elevations. Additional levels should be set back from the existing structure wall plane, and be placed as not to radically alter the historic appearance of the building. Have the overall objectives of the Delray Beach Historic Preservation Design Guidelines pertaining to new additions to historic buildings been met? YES 0 NO 5 III. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION: The applicable Secretary of the Interior's Standards are attached hereto as Exhibit "B". Have the overall objectives of the Secretary of the Interior's Standards for Rehabilitation pertaining to building sites been met? YES 0 NO 5 IV. COMPREHENSIVE PLAN: A. Housing Element: Objective A-10: The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. B. Housing Element: Policy A-10.1: This objective will be implemented in accordance with standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. C. Coastal Management Element: Objective C-1: The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Management Planning Area. 2 ' McKinney v. City of Delray Beach Will the granting of the Certificate of Appropriateness be consistent with and further the goals and policies of the Comprehensive Plan? YES 0 NO 5 4. The City Commission has applied the Comprehensive Plan and LDR requirements that were in existence on September 4, 2002 and finds that its determinations set forth in this Order are consistent with the policies, goals, and objectives of the City's Comprehensive Plan. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies X the appeal (and thus the Historic Preservation Board denial remains in full force and effect) and hereby adopts this Order this 3rd day of November, 2008, by a vote of 5 in favor and 0 opposed. ATTEST: ~A- ~~ ~ \ Rita Elli ,Mayor Chevelle Nubin `v City Clerk 3 EXHIBIT "A" Section 4.5.1 (E)(4) A historic site, or building, structure, site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standard's for Rehabilitation, as amended from time to time. (E)(7) The construction of new buildings or structures, or the relocation, alteration, reconstruction, or major repair or maintenance of anon-contributing building or structure within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance of an existing non- contributing building. Any material change in the exterior appearance if any existing non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configurations, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non-contributing building, structure, or site. (E)(8) All improvement to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility can include but is not limited to: consistency in relation to materials, texture, and color of the facade of a building in association with the predominant material used in surrounding historic sites and structures within the historic district. (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings. (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within a historic district. (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by the prevailing historic architectural styles within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings within the district shall be visually compatible. (d) Rhythm of Solids to Voids; Front Facades: The relationship of solids to voids in the front facade of a building or structure will be r visually compatible with the front facades of historic buildings or structures within the district. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between historic sites, buildings, or structures within a historic district. (f) Rhythm of Entrance and/or Porch Proiections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with the prevalent architectural styles of entrances and porch projections on historic sites, buildings, and structures within a historic district. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building shall be visually compatible with the predominant materials used in the historic sites, buildings, and structures within a historic district. (h) Roof Shapes: The roof shape of a building or structure shall be visually compatible with the roof shape of a historic site, building, or structure within a historic district. (i) Walls of Continuity: Appearances of a building structure such as walls, wrought iron, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to insure visual compatibility of the building to historic buildings, structures, or sites to which it is visually related. (j) Scale of a Building: The size of a building, the building mass in relation to open spaces, windows, door openings, balconies, and porches shall be visually compatible with the building size and building mass of historic sites, buildings, and structures within a historic district. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites in its directional character, whether vertical, horizontal, or nondirectional. 2 r EXHIBIT "B" Building Sites Non-significant buildings, additions, or site features should be removed which detract from the historic character of the site. The introduction of new construction onto the building site which is visually incompatible in terms of size, scale, design, materials, color, and texture or which destroys historic relationships on the site should be avoided. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. SPECIAL/WORKSHOP MEETING NOVEMBER 11, 2008 A Special/Workshop Meeting of the CitS~ Commission of the City of Delray Beach, Florida, was called to order by Vice Mayor Woodie McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, November 11, 2008. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Vice Mayor Woodie McDuffie Commissioner Mackenson Bernard Absent - Mayor Rita Ellis Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, CitS~ Attorney Chevelle D. Nubin, CitS~ Clerk Vice Mayor Woodie McDuffie called the special meeting to order and announced that it had been called for the purpose of considering the following Items: SPECIAL MEETING AGENDA 1. AUTHORIZATION TO FILE A SECOND APPEAL OF FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FUNDING DETERMINATION AND AUTHORIZATION TO FILE SUIT AGAINST DEBRIS CONTRACTOR: Consider authorizing the CitS~ to file a second appeal regarding the (FEMA) funding determination for Hurricane Frances debris removal and grant staff the authority to file suit against the City's Disaster Debris Removal Contractor. Brian Shutt, Assistant CitS~ Attorney, gave an overview of this item. He discussed the vegetative waste regarding the cubic yardage and allowances. This is to file a second appeal to FEMA's Regional Director; and to file suit against our disaster debris removal contractor D&J Enterprises, Inc. for Hurricane Frances. Joe Safford, Finance Director, explained the contract process. Susan A. Ruby, City Attorney, stated that we will file the appeal with FEMA. Mr. Fetzer asked can we concurrently file both. The City Attorney stated that we can. However, one may be "stayed" as a result of waiting for the other but we can file so it can be filed within the statute of limitations. Mr. Bernard asked how long is the statute of limitations. Brian Shutt replied 5 years. Mr. Eliopoulos and Mr. Fetzer stated they support this. Mr. Fetzer moved to grant authority to file a second appeal to FEMA and to file suit against D&J Enterprises, Inc., seconded by Mr. Eliopoulos. Upon roll call, the Commission voted as follows: Mr. Fetzer -Yes; Vice Mayor McDuffie -Yes; Mr. Bernard -Yes; Mr. Eliopoulos - Yes. Said motion passed 4-0. 2. RENAMING REQUEST/"505" TEEN CENTER SKATE PARK: Consider a request for approval to rename the "505" Teen Center Skate Park to Hobbit Skate Park in memory of Jason Weinstein, a Recreation Supervisor at the Teen Center. Linda Karch, Director of Parks and Recreation, presented this item. She stated that the Parks and Recreation Department would like to rename the "505" Teen Center Skate Park to Hobbit Skate Park in memory of Jason Weinstein, a Recreation Supervisor at the Teen Center. She gave a brief history of Jason Weinstein's employment and accomplishments with the CitS~. Mr. Richard and Ilonka Weinstein were present at the meeting. Mr. Eliopoulos moved to approve the renaming request from "505" Teen Center Skate Park to Hobbit Skate Park, seconded by Mr. Bernard. Upon roll call, the Commission voted as follows: Vice Mayor McDuffie -Yes; Mr. Bernard -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed 4-0. Richard Weinstein spoke and thanked the CitS~ for all of their support. Vice-Mayor McDuffie adjourned the Special Meeting at 6:14 p.m. WORKSHOP AGENDA 1. Update by the Delray Beach Historical Society on the new Ethel Sterling Williams Learning Center Mr. Robert W. Ganger, President of the Delray Beach Historical Society, introduced Stephanie Shipley and presented this item. He discussed the landscaping and parking plan with Commission. He would like to work with the CitS~ regarding landscaping and planning. The parking plan includes the creation of new spaces and it needs to be completed. He is asking the Commission to authorize the appropriate people in the City to work with them to get this project done. He stated that the cost will probably be X50,000 over a period of time. He handed out a brochure on Ethel Sterling Williams and provided a brief history. Vice Mayor McDuffie thanked Mr. Ganger and stated they have done a wonderful job. Mr. Fetzer stated he was pleased to see how far the Delray Beach Historical Society has come and congratulated Mr. Ganger. He asked Mr. Harden what the City will be able to do at this point due to the current fiscal situation. David T. Harden, City Manager, stated that staff will work with the Delray Beach Historical Society to see what we can get done. He stated he is sure they will figure out a way to make it presentable. 2 November 11, 2008 Mr. Bernard concurred with Mr. Harden and supports this project. Mr. Eliopoulos stated that he supports this, supports staff working but is concerned with the money. He expressed concerns about the wood and subterrain (termites) due to the vegetation being to close to the structure and the sprinkler heads. Vice Mayor McDuffie asked if the CitS~ has the capacity to do paving work. Robert Barcinski, Assistant City Manager, stated he will get with Dick Hasko, Director of Environmental Services, about the paving. Vice Mayor McDuffie stated that the Delray Beach Historical Society has the City's support. He is thinking about reaching out to the business community. Mr. Ganger stated that the Navy was sending some junior officers out on community service and Home Depot would have given them the plantings but it was too early. He discussed that Florida Public Utilities has been delaying the installation of the gas line. Vice Mayor McDuffie stated that he will contact Florida Public Utilities. 2. Proposed Advertising and Marketing Plan for Parks and Recreation Department Linda Karch, Director of Parks and Recreation, presented this item and gave an overview of the proposed Advertising and Marketing Plan for the Parks and Recreation Department. She stated that the Parks and Recreation Department distributes an annual and semi-annual brochure to the public. Due to recent budget constraints, the 2008-2009 allocated funding for printing/binding services has been decreased from X12,000 to X6,000. Without any additional funding, we will only be able to create one brochure for the year. She would like to continue offering one annual brochure and in addition add a quarterly brochure which will be distributed throughout the schools. The approximate cost for the quarterly brochure is X2,600. She would like to incorporate ads from Sports and Youth Organizations. She stated they would like the first quarterly brochure to come out in January 2009. Vice Mayor McDuffie asked the City Attorney if there are any legal issues regarding advertising publications. Mrs. Ruby stated that we cannot regulate the content of a speech, but it has to be recreation or sports related. It is the Consensus of the Commission to move forward with this and continue working with the City Attorney on language regarding advertisements. 3. Purchasing Process Overview Joe Safford, Finance Director, presented this item. He introduced Patsy Nadal, Purchasing Manager. Mr. Safford explained the Purchasing process and went over the flowchart. He discussed the purchases under the amounts of X1,000.00 and purchases over X15,000.00. He explained the bidding process. Bids over X15,000 require a formal bid or quote. 3 November 11, 2008 He stated that the City is highly respected in Palm Beach County as a bid processor and a lot of Cities copy our bids. The Purchasing Department process over 600 to 700 purchase orders per month. He stated the bidders on the approved list have increased to 22; and many of these vendors submit incomplete paperwork on a particular project. Mr. Safford stated that the Purchasing Department will possibly bring the vendors in for a class, so that they understand the paperwork. Patsy Nadal, Purchasing Manager, discussed the bid packets for a project that was received recently. She discussed scenarios for certain paperwork turned in by vendors. Mr. Safford explained that the Purchasing Department does between three (3) and five (5) bids per month and a lot of work goes into the bid process. Patsy Nadal invited the Commissioners to spend sometime with the Purchasing Department to see the process. She stated that we do 35% of the bids that the State of Florida piggybacks on such as road construction supplies, medical supplies, chemicals and fertilizers. David T. Harden, City Manager, asked Patsy Nadal to talk about the purchasing cooperative. Patsy Nadal stated that the City is the lead entity in cooperative purchasing in Palm Beach County. Mr. Fetzer stated that the Commission asked for an update on the bid and purchasing process. The information presented tonight has been very helpful. He wants to make sure that we do have a very clear and precise process regarding bids. It would help in the future if staff gives them input and directions as far as what Commission should be doing. Mr. Eliopoulos asked a question regarding the median. He concurred with Commissioner Fetter's comments. Mr. Bernard asked if there were six approved vendors. He also questioned if there is a way to do the education process at the mandatory pre-bid meeting. Pasty Nadal stated that she sent out 122 invites and received 10% back. Only 22 vendors attended the mandatory pre-bid meeting and they should be familiar with the process prior to the meeting. She discussed doing a possible brochure to hand out to vendors. Mr. McDuffie asked if we work from an approved bidders list. Mr. Safford stated we have an approved bidders list for construction type contracts with Environmental Services. They have a list of pre-approved architects, engineers and contractors. Mr. McDuffie discussed the Department of Revenue vendor qualification process. The City Manager stated we have apre-qualification process that is in draft form and Environmental Services has been working with the City Attorney's Office on this process. Ms. Nadal expressed concerns with eliminating small vendors. 4 November 11, 2008 Mr. McDuffie reiterated staff informing Commission regarding bids. He wants to be armed with the information when people speak with them about the bids. Mr. Safford asked the Commissioners to notify the Purchasing Department if they hear of any issues. Mr. Bernard expressed concerns regarding the language barriers regarding Creole and Spanish; and stated Commission has to contact staff when they are approached about bids. Vice Mayor McDuffie adjourned the Workshop Meeting at 7:59 p.m. CitS~ Clerk ATTEST: MAYOR The undersigned is the CitS~ Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, November 11, 2008, which Minutes were formally approved and adopted by the City Commission on November 18, 2008. CitS~ Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 5 November 11, 2008 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: November 11, 2008 SUBJECT: AGENDA ITEM 6.A. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 DELRAY BEACH OCEAN RESCUE EMS OLIN-CON COMPETITION PROCLAMATION ITEM BEFORE COMMISSION Proclamation recognizing Delray Beach Ocean Rescue Emergency Medical Service Competition Team who placed second at the 2008 Clin-Con Advanced and Basic Life Support Competition. BACKGROUND The Delray Beach Ocean Rescue EMS Competition Team competed and placed second against twelve Basic Life Support teams including: Fire Rescue, Ocean Rescue, private ambulance services, and private companies from Florida and throughout the United States. We would like to recognize and commend Ocean Rescue Operations Supervisor Nina Mattos, EMT and Ocean Rescue Officers Conor Gorman, EMT and Luigi Pratt, EMT for their outstanding performance. PROCLAMATION WHEREAS, on July 9, 2008, the City of Delray Beach Ocean Rescue Division, Lifeguard Emergency Medical Service (EMS) Competition Team competed in the 2008 Bill Shearer Clin-Con International Advanced and Basic Life Support Competition; and WHEREAS, 12 Basic Life Support teams from Fire Rescue, Ocean Rescue, private ambulance services, and private companies from Florida and throughout the United States participated in the competition; and WHEREAS, Delray Beach Ocean Rescue EMS Competition Team placed second at the 2008 Clin-Con Competition; and WHEREAS, the involvement and achievements of the Delray Beach Ocean Rescue EMS Competition Team in the Clin-Con Competition have generated much civic and community 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 Ocean Rescue Operations Supervisor Nina Mattos, EMT, Ocean Rescue Officer Conor Gorman, EMT, and Ocean Rescue Officer Luigi Pratt, EMT for their outstanding representation of the City of Delray Beach and offer them congratulations for a job well done in the 2008 Clin-Con Competition. 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 day of 2008. MAYOR Rita Ellis Delray Beach Residents Academy Fall 2008 Roster NAME AND ADDRESS TELEPHONE # COMMUNITY AFFILIATION Occupation 1 Francesca Andretta-Pulera 654-4324 Retired 2905 NW 14th Street fandrettaCa~comcast.net Delray Beach, FI 33445 2 Barbara Bergenty 330-3827 New Resident 660 Eagle Drive babergentvca?comoast.net Delray Beach, FI 33444 3 Michael Beck 865-2560 Commercial Realtor 6453 Polo Pointe Way mbeck(a~synergyonline.com Delray Beach, FI 33484 4 John Creaven 542-7214 Colony Hotel 348 NE 7th Avenue #2 iscreaven(a~yahoo.com Delray Beach, FL 33438 5 Gene Dunn 276-7594 Retired 2590 NW 13th Court Joyiceshawk57(a~bellsouth.net Delra Beach, FI 33445 6 Suzanne Ellefson 495-2702 7283 Via Genova suzrio(a~aol.co Delray Beach, FI 33446 7 Paul S. Erstein 886-8144 Board of Director 2830 N. Clearbrook Circle Paulerstein(a~yahoo.co Temple Anshei Shalom Delray Beach, FI 33445 8 Noelle Frederickson 681-3454 Board Member 103 NE 16th Court t~oeiie frederickson(a7yahoo.com PBC Literacy Coalition Delray Beach, FI 33445 9 James W. Friedman 265-0961 Volunteer 821 NW 32nd Avenue jff aC7.bellsouth.net Fire Rescue - CERT Delray Beach, FI 33445 Program 10 Joesph Gaston 498-1092 Member 636 NW 53~d Avenue Neighborhood Advisory Delra Beach, FI 33445 Council 11 Mary Leavenworth 512-9714 Director 2830 SW 13th Street B29-204 mleavenworth(a7cocast.net Boys & Girls Club Delray Beach, FI 33445 12 Nate Leavenworth 512-9714 2830 SW 13th Street B29-204 nleavenworthCa?aol.com Delray Beach, FI 33445 13 Pamela Lewis 455-2237 4980 N. Citation Drive Apt 5-206 plewis{a~icanbenefit.com Health Advocate Delray Beach, FI 33445 14 Donald Klein 498-8839 President 4788 Orchard Lane dxklein(a~bellsouth.net Hammock Reserve HOA Delray Beach, FI 33445 Page 1 16 Naomi Motta 451-2749 Association Manager 2553 NW 10th Street nmotta(a7castleroup.co Rainberry Bay Delray Beach, FI 33445 17 Ruth Ann McDonald 4477 Largo Drive Delra Beach FI 33445 364-9489 mcdanald(c)ci.delray-beach.fl.us CRA Administrator y , 18 Kevin McNally 654-432 624 Gardenia Terrace trafficC~gate.net Derlay Beach, FI 33444 19 Joe Okin 265-3438 2941 NW 10th Street Oneinami12Ca7bellsouth.net Delray Beach, F133445 20 Millie Okin 265-3438 2941 NW 10th Street Oneinami12Ca7bellsouth.net Delray Beach, F133445 21 Joyce Poses 276-7594 Retired 2590 NW 13th Court Joyceshawk57(a?bellsouth.net Delra Beach, FI 33445 22 Joan Rosenstock 512-7103 5598 Aspen Ridge Circle eirosenstock(a7cocast.net Delray Beach, FI 33483 23 Laura Reines 496-5789 Professional Event 3134 Lakeview Drive Ireines(a~fau.edu Planner Delray Beach, FI 33445 24 Arnold Strickman 272-1926 CERT 2619 NW 10th Street apswarecomcast.net Delray Beach, FI 33445 25 Ralph Senese General Home 3135 NW 13th Court 566-0840 Remodeling Derlay Beach, FI 3345 26 Rebecca Truxell 243-7040 City Employee 1805 NW 21St Terrace Truxell a(~ci.delray-beach.fl.us Bo nton Beach, FI 33436 27 Nancy Valentine 859-9796 City Employee 5400 Greenwood Dr. Nhappy5yahoo.com Delray Beach, FI 33484 28 Sandra Weatherspoon 278-1409 Assistant Principal 34 NW 12th Avenue weathas(a?palmbeach.k12.fl.us Village Academy Delray Beach, FI 33444 City Representatives Lula Butler, Director Community Improvement Janet Meeks, Education Coordinator Office: (561) 243-7203 Office: (561) 243-7231 Dated: October 2, 2008 Page 2 RESOLUTION NO. 48-08 A RESOLUTION OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COM1ViENDING ROBERT JOLLEY FOR THIRTY-FIVE YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Robert Jolley was hired by the City of Delray Beach as a Lifeguard on October 1, 1973; and WHEREAS, after a highly successful career with Delray Beach Ocean Rescue, Robert Jolley continued to serve this community with honor and distinction as a Park Ranger; and WHEREAS, Robert Jolley has been a dedicated and loyal employee, gifted with wisdom, serving as a mentor to his peers, a counselor to his managers, an encourager and a leader, always exhibiting a positive attitude toward his job and his co-workers; and WHEREAS, We feel especially proud of Robert's professionalism, work effort and contributions to the City, and recognize the fact that he is known for his thorough working knowledge of the nature and requirements of his job; and WHEREAS, on October 1, 2008, Robert Jolley reached a milestone in his career, having effectively achieved thirty-five (35) years of continuous, full-time service with Delray Beach Parks and Recreation and retired on October 1, 2008; and WHEREAS, the City of Delray Beach and the Parks and Recreation Department are honored to have had Robert Jolley as a valued member of the municipal team. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Robert Jolley for thirty-five years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Robert Jolley for his many years of service, and further wishes him the best of health and happiness as he enjoys retirement and the many new opporhmities which are sure to come his way. PASSED AND ADOPTED in regular session on this the th day of 2008. MAYOR ATTEST: CITY CLERK PRESENTED TO ROBERT JOLLEY As a token of our esteem and gratitude for your 3 5 years of outstanding contributions and distinguished service to The City of Delray Beach Parks and Recreation Department October 1, 2008 MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 11, 2008 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 ACCEPTANCE OF RIGHT-OF-WAY DEED/36 FIRST OFFICE BUILDING ITEM BEFORE COMMISSION The attached right-of-way deed provides for dedication of 2-feet of additional right-of-way for the alley on the north side of the site and a dedication of 5-feet of right-of-way along SE 1st Avenue. BACKGROUND The City requested the dedication of right-of-way due to development occurring on the property. The property is located at 36 SE 1st Avenue. The attached right-of-way deed includes a sketch that provides details on the limits of the rights-of-way to be dedicated. RECOMMENDATION Staff recommends approval. Prepared. by: RET~TRN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. lst Avenue Delray Beach, Florida 33444 R.ICIET-®F-W A'~' DEED THIS INDENTURE made this day of October, 200, between SOUTHERN DEVELOPMENT SERVICES INC., with a mailing address of 1120 S. Federal Highway, Suite 200, Delray Beach, Florida 3343, as party of the first part arzd CITE' ®F 1DELRA~ BEACH, FI.®I~I3r~, a Florida municipal corporation with a mailing address of 100 N. VV. 1St Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valualale consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title interest, claim and demand which the party of the first part has in and to the foliowingWdescribed land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, aright-off way and easerxaent in and to said lands for public highway, street, sidewalk and public utility purposes and is made, executed and. delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revert in the party of the first part or assigns. That this right-of--way shall be subject anly to those easements, restrictions, and reservation of record. The party of the f rst part agrees to provide for the release of any and all mortgages or liens encumbering this right-of way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way arzd that the same is unencumbered. Where the eo~~te~t of this Right-of Way Deed allows or permits, the same shall include the successors ar assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said parry of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. WI`T"MESSES: SOUTHERN DEVELOPMENT SERVICES, INC. B . Tim n g , r zdent 11.20 S. Federal Highway, Suite 200 Delray Beach, Florida 33183 ~I~Tame printed ar typed) S'T'ATE OF ~~ COUNTY OF ! ~- The foregoing instrument was acknowledged before me this /.~"" day of October, 2008 , by JimLengage, President, a Florida corporation, on behalf of the corporation. Hel~k~ is eta rsonally known to me or has produced (type of identification) as identification. Sign ure Pe son Taking aeknowledgznent Name Typed, Printed or Stamped S~wiY P"° ~ ~ ~IRGI~kkA WiSLE7~° ,,~?° ~s ~; ~ i~Y Co~t~rkSSfON # Aka 77a57E ~'~' ~ Baroldsd'ChrU Notary i'~2[c Undenm'sers a,'~,fi;~ Ttow-36 se 1 ave 2 - _ _ ---- 'x~ r rT' X11 ~ ~ 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WTH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY,EASEMENTS, OWNERSHIP, OR OTHER lNSTRIJMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE RECORD PLAT BASED ON THE NORTH LINE OF LOT 16, BLOCK 69, BEARING S89°58'23"E. 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. UNDERGROUND FOUNDATIONS WERE NOT LOCATED. A PORTION OF LOTS 16, 17 AND 18, BLOCK 69, "SUBDIVISION OF BLOCK 69 DELRAY BRACH", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 18, BLOCK 69; THENCE SOO'49'54"E ALONG THE EAST LINE THEREOF, A DISTANCE OF 59.0^ FEET TO A POINT OF INTERSECTION WITH ALINE 75.00 FEET NCfRTH OF RND PARALLEL WfTH THE SOUTH UNE OF SAID LOT 18, BLOCK 69; THENCE N89°58'23"W ALONG SAID PARALLEL UNE, A DISTANCE OF 5.00 FEET TO A POINT flF INTERSECTION WITH ALINE 5.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 18, BLOCK 69; THENCE N00°49'54"W ALONG SAiD I'ARALLEI... LINE, A DISTANCE OF 57.00 FEET TO A POINT OF INTERSECTION WITH A LINE 2.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOTS 16, 17 AND 18, BLOCK 69; THENCE N89°58'23"W ALONG SAID PARALLEL LINE, A DISTANCE OF 145.00 FEET; THENCE N00°51'40"W, A DISTANCE OF 2.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF 5A1D LOT 16, BLOCK 69; THENCE S89°58'23"E ALONG SAID NORTH LINE, AND THE NORTH LINE OF SAID LOTS 17 AND 18, BLOCK 69, A DISTANCE OF 150.00 FEET TO THE P®INT ®F BEGINNING. SAiD LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 585 SQUARE FEET, 0.013 ACRES, MORE DR LESS. CERTIFIC:ATIQN: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON SEPTEMBER 10, 2008. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-fi ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027. JI~Ff~RI~Y~ ~f .~I'4 AGNER,~~' L.S. RAG. e~N ~2VEYOR X5302 SITATE~ FLORIDA IM~-3591 SHEET ~ OF 2 ~ CAULFIELD & WH~E~ER, INC. CIVIL LNGINENRING - LANp SUF~V(~YING Q 7301A W. PAUNFTTO f'AI~K LOAD -SUITE IOOA BOCA BATON, FLGI~IDA 5~4~3 ~I PHONE (5bl}-~92~-1991 I FAX (5bl)-750-1452 ~SIJBDIVISI(~N OF BL®CK fig, DELRAY BEACH" PORTION OF LOTS 16, 17 & 18, BLOCK 69 RIGHT-OF-WAY EASEMENT -SKETCH OF DESCRIPTION DACE 9 1Q ~8 DRAWN BY CE F.B./ RG. N A SCALE AS SHOWN o[a~oz-rte ~~y~ (~~7 UDC Bfi~~l V ~, WJtEV.6WG 4 ~ it % P06NT OF K ~9, EEGtNNlNG ~pG N.E.CORNER N OF ~p~' LOT 18, BLOCK 69 „~UBp~~E RPM ~~P p,GE ~~~ °SUBDIViSION OF" BLOCK 69 `p~P~ 6pp~ ~ {PBR 2Y PAGE 43} 1s.oo_ LOT 19 ~L0C~4 69 N00.~J3 a 0~~ 00 2 NORTH LINE NORTH LINE ~ NORTH LINE ~ LOT 16. LOT 17, 16.00` LOT 18, o BLOCK 69 BLOCK 69 ALLEY BLOCK 69 ~ S~9'5fi'~3"E 15®.00a . N89°5 '23"W 145.00' ~; o o c~ ~~, `n 'r' ~ ~ ~ `. ~- a SU pE~-~ 2., P pK ~ ~ F' ~- cn ~ P~-P~ 6p ~' ~ ~ ~ `-' o ce ~ o ~ ¢ ~ 145 0f}' ® Z - 1 CJ O (n ~ J ~ . a 589°58'23"E 150.00 N89'S8~23~~I 5.00° LOT 1 fi LOT 17 ~ LOT 1 fi BLOCK fig BLOCK fig ~ BLOCK 69 SOUTH LINE 50UTH LINE SOUTH LINE LOT 16, LOT 17, LOT 1 S, BLOCK 69 BLOCK 69 BLOCK 69 5.E.1 st STREET RAYMOND STREET (PLAT) 5O' RICHT-OF-WAY GRAPHIC SCALE ~0 D ~5 3D _... - I NORTH ~ '~ I=~ET ~ CAULt= IELD & WHE~I~R, INC. CIVIL EN ;1NEERING -LAND SllRVEYIiNG // ,y % ~ ~ 73GIA W. PAL.NIE~TO PARK ROAD - S~JkTH fDGA BO~~A RATO~`, FLORIDA 33433 3 ~ P'~~IONE (5bl)-392-191 / r~AX {361)-750-=C:52 SUBDIVISION OF BLOCK 69, ®ELRe41' BEACH PORTION OE LOTS 16, 17 & 18, BLOCK 69 RIGHT-0I=-WAY EASEMENT -SKETCH OE i)ESCRIPTION SHEET 2 ®F 2 DATE 9 10 O8 DRAWN BY CE scAl_E As sl-~ai~N ~~~~..T~ ~~~ ~~ ~'o~s-iNa w~an~ ~-~~~ E Prepared. by: RET[JRN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 s~ Avenue Delray Beach, I'lorida 3344 SUBORDINATION OF ENCCJ~IBRAI~CE `i O THE PROPERY RIGI~TS TO THE CI'I'Y Off' DELRAY BEACH, FI.,ORIDA KNOW AI..,Z..MEN BY THESE PRESEN`T'S: That whereas it is required by the City of Delray Beach to p~~ovide certain wid1:11 of right-of-way i~~ accordance with its Coi~prehei~sive Plan; and, WHEREAS, a portion of the lands regtured to be dedicated to the City is subject to a mortgage held by the uncie~°signed; anti WHEREAS, on behalf of tl~.e City of Delray Beach, a z°eduest has bGe,n zx~ade for the undersigned to srrbordinate said enc;uz~nbrance to the property rights of the City of L~elra}~ Beach in and to the portion ol'tl~e premises hereinafter described. N0~14t THEREFORE, WI'~I'NESSEI"H: `1"hat for and inconsideration of the mutual proxr~ises herein contained and other good and valuable consideration, the undersigned. st~bordi~~ates said eneurnbxancc to the property sigh#s of i11e City of Delray Boach, Florida, to provide for the dedication of ri~;ht~of.--way the following described Iands, See Exhibit "A" Attached hereto Insofar as said premises are affected by the following described enc~.u~lbrance now hetd by the undersigned; NATURE ItI~CORDED I:NCUiyIBR.ANCIa DATE FROM O1t.11GAI~?~~ST N 1n.h.VOR C7F .BOOK-PAGE Mortgage 03/16/07 City National I3ar~k oi'Florida _ 2IS69!876 'to Sout~.ilc~•n llevelopi~~ent Services; Ii~c. PROVIDED, ALWAYS, ~iEVERTI~ELESS, and it is expressly understood and agreed that #his instrument subordinates said encumbrance insofar as same affects the rights and privileges ol`the City of Delray Beach. in its use of the land specifically above described for right-of-~~ay and t11at nothing herein contained shall in any way alter, affect, impair, tninitnize, or diminish the effect of said enczu~~brance or the remedies at law or iza ecluzty E~or recovering thereunder, or against the parties charged thereby, the full amount of all stuns sec~zred by a1~d/or under the same. It is further understood. and agreed that in the, event said above described premises are abandoned by the City of Delray Beach and cease to be used for right-of-way that iz~ sucb event the suborci.inate of said encumbrance shall terminate in and to such portion abandoned and zto fonger used as aforesaid, and the encumbrance sha[1 become of the same status with reference; to such abandoned portion as if the subordination had never been made. IN WI'T`NESS WHEREOF, said party of the first part bas .hereunto set their hand ~3d seal the date fzrst above written. WITNESSTS: ~~ ~ {Name printed or typed.) A ~ _ ______ (Name printed or typed) ivIORTGAGp;E: CITY NATIONAL BANK OF FLORIDA. A national banking association I3 ~ _.- -~-~--- _ ~--. ~ ~.~ ~ ~ (Name p-i~ecl or typed) Address: S"1"ATE Ol~ ._ ~ u ~~ COUNTY OI' c~ ~; The foregoing instruz~n-ent was aclu~owlecfged before zne this _ c~ _ day of .~.P-~~~> 200$ , by a ~ ~. ~: ~~ ~ . {nazxze of officer or agent, title of officer or agent}, of C1TY':~IATION~.Ia 31~N1~ OI~` l?LOI~IDA~a_national bal~lcin~ association , on behalf of the; c;orporatio~n. HelShe is personally known to rrae or has produced __-~ ~~~ {type of identification) as identification. ~~'~"""~~ ~®R'i~ CrILM®~TT3 lv1Y COMMiSS10N # DDGl6895 ~a o 1"J{PIRES. Dece[nher 22.2010 9~OFY~-~ FI.Hoe Discoun[ASSOC.Cn. i-R!]0-?-N07ARY ~ _. ` - - __ Signatu~•e of Person Taping aclcnowledgn~ient Nan1e Typed, Printed ox Stamped 4 f ~~ r a 1. REPRODUCTIONS QF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HERI=ON ARE NOT ASSTRAGTED FOR RIGHTS-OF-WAY,EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE RECORD PLAT BASED ON THE NORTH LINE OF LOT 1fi, BLOCK 69, BEARING S89°58'23"E. 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED 8Y THE SURVEYOR. 5. UNDERGROUND FOUNDATIONS WERE NOT LOCATED. A PORTION OF LOTS 16, 17 AND 18, BLOCK 69, "SUBDIVISION OF BLOCK 69 DELRAY BEACH", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULRRLY DESCRIBED AS FOLLOWS: BECiIalNll!{G AT THE NORTHEAST CORNER OF SAID LOT 18, BLOCK 69; THENCE S00°49'54"E ALONG THE EAST LINE THEREOF, A DISTANCE OF 59.00 FEET TO A POINT OF INTERSECTION WITH ALINE 75.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 18, BLOCK 69; THENCE N89°58'23"W ALONG SAID PARALLEL LINE, A DISTANCE OF 5.00 FEET TO A POINT OF INTERSECTION WITH ALINE 5.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 18, BLOCK 69; THENCE N00°49'54"W ALONG SAID PARALLEL LINE, A DISTANCE OF 57.00 FEET TO A POINT OF INTERSECTION WITH ALINE 2.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOTS 16, 17 AND 18, BLOCK 69; THENCE N89°58'23"W ALONG SAID PARALLEL LINE, A DISTANCE OF 145.00 FEET; THENCE N00°49'54"W, A DISTANCE OF 2.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SAID LOT 16, BLOCK 69; THENCE S89°58'23"E ALONG SAID NORTH LINE, AND THE NORTH LINE OF SAID LOTS 17 AND 18, BLOCK 69, A DISTANCE OF 150.00 I=FFY TO THE PCEt~T CAF ~E°~in[N:>~C. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 585 SQUARE FEET, 0.013 ACRES, MORN OR LESS. CERTIFICATI®N: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON SEPTEMBER 10, 2008. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027. a JE~FRI=:Y ~ -GNER, ' L.S. R,G. L, ' URVEYOR.#5302 ST~1TEjOF FLORIDA LB 93°591 SHEET 1 CF-_2_-~ ., CAULF I~LD & WHEELER, INC. ,/~ CI111L ENGINEERING -LAND SURVEYING i,. ~~ l./ u/'/ 7341A W. PALMETTa PARK ROAD -SUITE IOOA ~ BGCA RAYON, FLORIDA 33433 ?HONG (5b)-392-1991 /FAX (5617-750-Ila52 ~'SIJB®1VIS(®N OF BL®CK 69, I~ELRAY BEACH" PORTION OF LOTS 16, 17 & 18, BLDCK 69 RIGHT-OF-WAY EASEMENT -SKETCH DF DESCRIPTION D ASE 9 10 08 DRAWN BY CE F.B./ PG. N A SCALE AS SIQWN - ~~~ ~a JOB-,N~~w~~~ 47Q2 ., ~t ~ ~ ' ~9, P®INT ®F ~s~°N Q~~A N ~~~ [3EGINNING "SU~~1pE1-RPM 2~ p PGA LOT 18~N6 OCK 69 P~P~ ~OaK "SUBDIVISION OF BLOCK 69 ~ DELRAY BEACH" 18.00' E ADDITIONAL RIGHT-OF-~VAY (pB. 2> PAGE 43) ALLEY (O.R.B.18488, PG.604} 7 L®T 19 BL®CK 69 NORTH LINE NORTH LINE ALLE N®t~®~~~~4'„~ ~~ac~ 's9 S89'S8`23"E BOCK 's9 2.00 N89`5 `23"YV C] O P~ ~QG~ ~~e 0 5 pE ~ ~, 145.00' S89'58'23"E 150.00 LC?T 16 BUCK fig SOUTH LINE LOT 16, BLOCK 69 LEGEND P.B.. - PLAT BOOK P.O.B. - POI~lT OF BEGINNING O.R.B. - 01"FICIAL RECORD ~3OOK PG. -WAGE L®T 1 ~" BLOCK B9 50UTH LIN LOT 17, BLOCK 69 S.E.1 st STREET RAYMOND STREET (PLAT) 50' RIGHT--OF--WAY d- C3 O Z N89°58`23"W 5.®©. °o LOT 18 ~ BUCK 69 SOUTH LINE LOT 18, BLOCK 69 O 5.00' ® ~ f~ ~ ~ Q ~~ Z' ~ ~ ~ W Q c ~` ~ Q ~~~ ~~~Q ~.~Q~o oW¢_ ~~~~ Q ca GRAPHIC SCALE 30 0 15 30 N 0 RTN ( IN FEET ) CAUL_.FIELD & WHEELER, INC. CIVIL '~ NGINEER'NG - ~QND SURVEYING i` ~~ ~7301A W. PAL~E~ T 0 PARK ROAD -SUITE 100A ~` BOCh RADON, r=LORIDA 33~~.33 PHONE (561)-~~2-1991 I >-AX {5617--750-1452 SUB®i~ISI®N ~?F BL®CK 69, QELRAY BEACH PORTION OF LOTS lfi, 17 & 18, BLOCK 69 RIGHT-OF-WAY EASEMENT -SKETCH OF DESCRIPTIDN > a NORTH LINE LOT 18, i0.00` BLOCK 69 145.00` SHEET 2 ®F 21 ~ ~ V V 0 •~ ~ ~ N a L ~ ~ ~ M m V) U O Q (~ O ~~ U O J U (~ N m N 0 0 0 N ti MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: November 12, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 RESOLUTION N0.59-08/ABANDONMENT OF EASEMENT/MAROONE DODGE DEALERSHIP ITEM BEFORE COMMISSION The request involves abandoning awater/sewer easement (varying in width) fora 35,064 sq.-ft. service building at the northern end of the Maroone Dodge automobile dealership property. BACKGROUND On January 11, 2006 the Site Plan Review and Appearance Board (SPRAB) approved a Class IV site plan modification for the Maroone Chrysler Jeep Dodge dealership. The approved plan included the construction of a 35,064 sq.-ft. service building at the northeast corner of the property. In May of 2007, a water and sewer utility easement deed (ORB 21682, PG 0435) was recorded to accommodate services to the service building. However, the easement was not properly configured to cover the services to the building and a replacement easement with the correct configuration was recorded in May of 2008 (ORB 22596, PG 1195). The abandonment of the incorrectly configured easement is now before the City Commission to eliminate the defunct utility easement encumbrance to this portion of the site. REVIEW BY OTHERS Pursuant to LDR Section 2.4.6 (N) (5) the following finding must be made prior the City Commission granting an abandonment: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. The abandonment will not result in the detriment of services to the area since a replacement water and sewer easement covering the existing services has been recorded. The City's Environmental Services Department has reviewed the request and has no objection to the abandonment. RECOMMENDATION By motion, approve the abandonment of a water and sewer utility easement dedicated to the City via an easement deed recorded in Official Records Book 21682, Page 0435 of the Public Records of Palm Beach County, Florida, located within the Maroone Dodge dealership property, based upon positive findings with respect to LDR Section 2.4.6(N)(5). Attachments: Location Map Easement Abandonment Area Replacement Easement Area Abandonment Resolution RESOLUTION NO. 59-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT WITHIN THE MAROONE DODGE PROPERTY LOCATED NORTH OF LINTON BOULEVARD, BETWEEN WALLACE DRIVE AND S.W. 10T" AVENUE AND AS MORE PARTICULARLY DESCRIBED HEREIN WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utility easement retained in favor of the City via a deed as recorded in the public records of Palm Beach County, Official Records Book 21682, Page 0435, located north of Linton Boulevard, between Wallace Drive and S.W. 10t" Avenue and as more particularly described herein; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements~~, of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described in herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: EXHIBIT "A" PASSED AND ADOPTED in regular session on the _ day _ , 2008. ATTEST: MAYOR City Clerk SKETCH AND DESCRIPTION UTILITY EASEMENT WALLACE DODGE REPEAT City of Delray Beach, Florida SURVEYOR'S REPORT: ~~~s ~I~~ '~~ i. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, ar other instruments (retarded or unrecorded) which may affect the subject property. No search at the Public Records has been made by the Surveyor. 3. The sand description shown hereon was prepared by the surveyor. 4. Bearings shaven hereon are based on the east line of said Tract E having a bearing of S 02°08'28" W. 5. Abbreviation Legend: L.B.= Licensed Business; P.B.= Piat Book; P.B.C.R.= Palm Beach County Records; PG. =Page; P.L.S.= Professional Land Surveyor; P.O.B.= Point of Beginning; P.O.C.- Point of Gammencement; P.O.T.= Paint of Termination; PT.= Point; REF,= Reference. 6. Data shown hereon was complied from instrument(s) of retard and does not constitute a Boundary Survey. CERTIFlCATIOM: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as surveyed in the field under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technics! Standards set forth in Chapter 61Gi7-6, Florida Administrative CodE, pursuant to Section 472.027, Florida Statutes. Date:_-~ 2 a~~____ 4 ////1 a ! ° John T. Doogan, P.L.S. Florida Registration No. 4409 AVIROM & ASSOCIATES, INC. L.B. No. 33D0 NOTE: NOT .VALID WITHOUT SHEETS 7---6. REVISIONS ~~p,~~Spa,~ AViROM &ASSOGIATES, INC. JOB NO. 8251 SURVEYING & MAPPING SCALE; 1 T 60 Q ~ 50 S.W. 2ND AVENUE, SUITE '102 DATE' 03/29/fl7 B®CA RATaN, FL~RIL~rA 334.3? • TEL. (5B7) 3922594, F'AX (561) 394-7125 DRAWN BY: S.A.M. ~.4,~gl.~p f.-~~ ©2pp7 AVIROf~d & ASSOCIATES. 1~3C. ALL RIGHTS RESERVED. SHEET: 1 OF: SKETCH AND DESCRIPTION UTILITY EASEMENT WALLACE DODGE REPEAT City of Delray Beach, Florida LAND DESCRIPTION: A portion of Tract D and Tract E, WALLACE DODGE REPEAT, according to the Plafi thereof, as recorded in Plat Hook 74, Page 9, of the public records of Palm Beach County, Florida, described as follows: COMMENCE at the northwest corner of said Tracfi E; thence S 24°45'29" W, along the west fne of said Tract E, 292.66 feet to the POINT OF BEGINNING; thence N90°00'00"E, 137.37 feet; thence N 00°00'00" E, 7.50 feet (the preceding two courses-being along the centerline of a 12.00 foot easement, 6.00 feet on each side); thence N 90°00'00" E, 111.20 feet to a paint hereinafter referred to as REFERENCE POINT 'A'; thence N 90°00'00"E, 41.01 feet to a point hereinafter referred to as REFERENCE POINT 'B' (the preceding two courses being along the centerline of a 28.00 foot easement, 14.00 feet on each side); thence 5 00°06'38" E, along the centerline. of a 32.00 foot easement, 16.00 feet on each side, 279.15 feat; thence S 89°59'24" E, 55.60 feet to a paint hereinafter referred to as REFERENCE POINT 'C'; thence S 89°59'24" E, 143.72 feet to a point hereinafter referred to ^s REFERENCE POINT 'D'; thence S89°59'24"E, 35.68 feet; thence N 00°00'00" E, 34.81 feet to a paint hereinafter referred to as REFERENCE POINT 'E'; thence N 00°00'00" E; 125.86 feet; thence N 90°00'00" E, 73A1 feet to the east line of said Troct E, -the POINT OF TERMINATION and a point hereinafter referred to as REFERENCE POINT 'F' (the preceding six courses being along the centerline of a 12.00 foot easement, 6.00 feet on each side). TOGETHER WITH: BEGIN ^t the aforementioned REFERENCE POINT 'A'; thence S 00°00'00" E, along the centerline of a 12.00 foot easement, 6.00 feet on each side, 22.35 feet to the POINT OF TERMINATION. TOGETHER WITH: BEGIN at the aforementioned REFERENCE POINT 'B'; thence N 00°06'38" W, along the centerline of a 32.00 foot easement, 16.00 feet an each side, 7.50 feet; thence S 90°00'00" E, 236.57 feet; thence S 00°00'00" E, 10.00 feet to a point hereinafter referred to as REFERENCE POINt 'G'; thence S 00°00'00" E, 116.02 feet to the POINT OF TERMINATION (the preceding three courses being along the centerline of a 12.00 foot easement, 6A0 feet on each side). TOGETHER WITH: BEGIN at the aforementioned REFERENCE POINT 'C'; thence S 00°00'36" W, along the centerline of ^ 36.00 foot easement, 18.00 feet on each side, 36.63 feet to the POINT OF TERMINATION. TOGETHER WITH: BEGIN at the aforementioned REFERENCE POINT'D'; fhence S 00°00'21" W, along the centerline of a 12.00 foot easement, 6.00 feet on each side, 27.37 feet to the POINT OF TERMINATION. NOTE: NOT VALID WITHOUT SHEETS 1-6: REVISIONS o~,~ASSO~~ AViROM &ASSOCIATES, INC. JOB N0. 825i Q` '~~ SURVEYING & MAPPING SCALE: 1" = 60' 50 S.W. 2ND AVENUE, SUITE 702 D~-TE: 03/29 f 07 BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7'125 DRAWN BY: S.A.M. ~Q8LI5HE~ ~~ 02007 AVIRO~A & ASSOCIATES, INC. ALL RIGHTS RESERVED. SHEET: ~ OF: 6 SKETCH AND DESCRIPTION UTlL1TY EASEMENT WALLACE DODGE REPEAT City of Delray Beach, Florida TOGETHER WITH: BEGIN. at the aforementioned REFERENCE POINT 'E'; thence N 89°59'56" E, along the centerline of a 12.00 foot easement, 6.00 feet on each side, 12.00 feet to the POINT OF TERMINATION. TOGETHER WITH: BEGIN at the aforementioned REFERENCE POINT 'G'; #hence N 89°59'56" E, along the centerline of a 12.00 foot easement, 6.00 feet an each side, 12.00 feet to the POINT OF TERMINATION. TOGETHER WITH: COMMENCE at the aforementioned REFERENCE POINT 'F'; thence S 02°08'28" W, along the east line of said Tract E and said Tract D, 543.16 feet; thence S 06°20'07" W, along the east line of said Tract D, 106.84 feet to the POINT OF BEGINNING and a point hereinafter referred to as REFERENCE POINT 'W'; thence N 83°39'53"W, 21.$5 feet; thence N 00°00'00" E, 40.31 feet to the POINT OF TERMINATION (the preceding 'two courses being along the centerline of a 12.00 foot easement, 6.00 feet on each side). TOGETHER WITH: COMMENCE at the aforementioned REFERENCE POINT 'W'; thence S 06°20'07" W, along the east line of said Tract D, 15.03 feet to the POINT OF BEGINNING; thence N 83°39'53" W, 9.48 feet; thence N 77°13'40" W, 1 ].23 feet to the POINT OF TERMINATION (the preceding two courses being along the centerline of a 12.00 toot easement, 6.00 feet on each side). (The sidelines of said easements will lengthen ar shorten, where applicable, to farm a continuous strip of land). Said lands lying and situate in the City of Delray Beach, Palm Beach County, Florido. NOTE: N4T VALID WITHDUT SHEETS ~-6. REVISIONS o`,I, & Assam, AVIRaM & ASSOCIATES, INC, JOB N0. 8251 $' ~a SURVEYING & MAPPING SCALE: 1" = 60' ' ~ ~ sD S.W. 2ND AVENUE, 5U1TE '102 DATE: a3/29/a~ BOCA BATON, FhOR11]A 33432 ~ TEl.. (561) 392-2594, FAX (5B1) 5947125 DRAWN BY: S.A.M. ' ~.4g~g}~p ~ ©2007 AVIftOM & ASSOCIATES, INC. ALL RIGHTS RESERVED. SWEET: 3 QF: 6 SKETCH AND DESCRIPTION UTtL1TY EASEMENT WALLAGE DODGiE REPEAT City of Delray Beach, Florida ~ ~ P.O.C. ~ v~ N.W. CORNER TRACT E Q ~ m~ {P.B. 74, PG. 9, P.B.C.R.) ~~~~~ -CENTERLINE -28' EASEMENT ~ ~ Q~•d~~"li~ -N 90'00'00" E ~ ~, rye` ti~ N 00'00'00'" E ~ ~-111.20' ~~ ~ ~ 7.50' r ~ is~ ~-J----------~ - P.O.B: - -~- -- REF. PT. 'A' CEN7 72' Ef N 90b0 00 E _ S 9( 41.D1' REF. PT. B' ~ ~` s I ~co / ~-- -- --------- rT-~~ I CENTERLINE' _~ _ ¢ 6 6 12 EASEMENT ~. ~ I ~ o°oo'oDA E P. 0. T. 137.37' S 00'DD'OD° E 22.35' ' I CENTERLINE , I ~ 12' EASEMENT TRACT E (P.B. 74, PG. 9, P.B.C.R.} 4 TRACT LINE I I S 00`D6'3 " E 279.15' ; I CENTERLINE 32' EASEMENT ~ ~ I I I I --1 i 6' TRACT D (P.B. 74, PG. 9, P.B.C.R.} S 89'59'24 ~ E -~-~ 55.60' CENTERLINE- 12' EASEMENT - N OD7Ifi'38" W 7.50' CENTERLINE 32' EASEMENT 0 1 o~ ~ o~ 1 ~m 1 1 I ¢~ I~ 1 ~r _~ ~1 ~1 1 N Di ~ N I e REF. PT. 'C' I L._......___ .____._....__-- ~, 18' ~ ~;i8r~S89~ ~ __ ~ 14~ ..-. -~- P.O.T.-s NOTE: NOT VALID WITHOUT SHEETS 1-6. REVISIONS ~ot~&ASS~c~ AVIROM &ASSOCIATES, iNC. JOB N0. ,~ 825i , SURVEYING & MAPPING SCALE: 1 = 60 50 S.W. 2ND AVENUE, SUITE 102 DATE' ~~/2s/o7 BOCA BATON, FLORIDA 33432 TEL.. (561) 392-2554, FAX (561) 394-7125 DRAWN BY: 5.A.M. ~.4~S~p 1~~ ©2067 AVIROM & ASSOCIATES, INC. ALL RIGH75 RESERVEQ. SHEET' 4 OF, 6 SKETCH AND DESCi~IPTlON UTILITY EASEMENT VO/ALLACE DODGE REPEAT Ciasy of Delray Beach, Florida LINE .-MEN T JO" E ~' --~ ..~._ REF. PT. 'A' N 90770 DO E 41.01' rREF. PT. 'B' ~ ____---~ 61 I 'i I ~ I ~ E --~ P, 0. T. I I I - _ I I I I I r I I ~ I I S 00 °06'3 u E I I E 279.15' ; I I I CENTERLINE i I 32' EASEMENT I I I ~ I I I I I I 6' I -`11 fi' E I I r I ~_r___I CENTERLINE 12' EASEMENT S 90'00'00'° E 236.57' s TRACT E (P.B. 74, PG. 9, P.B.C.R.) N 89'59'56 ~ E 12.00' ----_-----_-- ~~ P. 0. T. oo~oo'oo~ E I I N 00`06'38" W 10.00' ~ I i- 7.50' REF. PT. 'G' I i ~ CENTERLINE ~ I ~6, 32' EASEMENT 6 ~ I -~ ~ ~ S 00°00'00" E I as ~ 116.02' ~ ~ i REF. PT. 'F=' ~m 0 P.O.T. ~~~ ~ ~`°_----- ~ ____ _ ~ PRDPOSED ~ ~~ 1 BUILDING I I ~ N 00'00'00" E ; ~ ~ w w ~ 125.86' o , z0 i ~ ,°o ~ N 89'59'56'" E i r~ o ~~ ~12.OD' jI~ ~ REF. PT. 'E' I 1 ~~ ~ !i!co- I Di I ~ ~ I I I I ) I L--_ ~_ ----~ N 00770'00'° E- 34.81' REF. PT. 'C' REF. PT. 'D' -S 89'59'24" E i 18 55.60' - ~- CENTERLINE ~" 12' EASEMENT I ~ ~ ~ 6- I S 89 59 24 E __,~ 143.72' P. 0. T: s o0~0'2~ ~ w 27 37 I -----~ ~t TRACTJ LINE ~ P.O.T. f[D I li, Q w z i- w r-, C..) m o c~ d- i ~. P.D.T. Mi h S~ N 0 o~ W Q ~°" 0 ,- MATCw-iLINE ~ "B" L S89'S9'24 "E P.O.T. 3s ss' , - EAST LINE TRACT D ~ - (P.B. 74, PG. 9, P.B.C.R.) -_ S 00770'36" W CENTERLINE 36.63' 36' EASEMENT S062Q'07"W ~ - I I I I I I~ ~~ 106.84' ~~ NOTE: NOT VALID WITHOUT SHEETS 1-6. REVISIONS ~,~, & Ago AVIROM & ASSOCIATES. IR4C. JOB N0. 8251 ~~ ~ SURVEYlhIG &MAPPING SCALE: 1" = 60' 50 S.W. 2ND AVENUE, SUITE 102 ^ATE' a3~29~07 B4CA BATON, FLORIDA 33432 ~ TEL. (581) 392-2594• FAX (58U 394-7125 DRAWN BY; S.A.M. ~/.~Sy~ fl 02007 AVIRONI & A550CIATES, INC. ALL RIGHTS RESERVED. SHEET' rJ OF: 6 SKETCH AND D.~'SCRIPTION UTILITY EASEMENT WALLACE DODGE REPEAT City of Delray Beach, Florida CENTERLINE i~ ~ Q I BUILDING 32' EASEMENT ' ~ ~ ` ~ ~ N D0~0'00" E - r I W ~ 125.86' I ~ ~~ i i ~ 18,i ~ ~ N 88'59'56" E ~ 18, 12.00' ~~ ~ i f REF. PT. 'E' } ] ~._ S 89'59'24" E 55.60' CENTERLINE- - 12' EASEMENT _ -_ - S 00'00'36'" W ~ ~ 36.63' TRACT D (P.B. 74, PG. 9, P.B.C.R.) d z ,~r u,~ ~~ W W L ~ ~ Q w ~ ~ E r r o o '"~ W )~ ~ ~ ~ ~ li ~ Q I~ ~ 3 2 r N O TRACT ~ r' LINE r ~;~ P.O.T. N ° ~ ~-8'~f ®MATCHLINE ~®B" r f ~~®m. ~ 58939'24"E P.O.T. 3s.sB' , EAST LINE TRACT Q (P.B. 74, PG. 9, P. B.C.R.) sos 2o'o7"w 106.84',-~ P.O.T. PROPOSED BUILDING G8'--r ~ L P.O.T. ~~- -: N 7773'40" W 11.23' CENTERLINE 12' EASEMEN T N 83'39'53 9.48' L N 00'00'00'° E- ~ i 34.81 ' ! ; ~ REF. PT. 'C' REF. PT. 'D' i._____ _______.~__~.~________.~_ ~3 18' ~ ` ----- - r18~ i ,~ ~fi ~ S B9 59 24 E __~ 143.72' P. 0. T.-s OD'DD'21 ~ w 27.37' -CENTERLINE 36' EASEMENT PLAT LIMITS Lll~ll"OIN DOULEVARD N00'00'00 "E 4D 31' CENTERLINE 12' EASEMENT NB3'39'53"W 21.85' ~sos 2o'o7"w 15.03' ~P.O,~. NOTE: NOT VALID WITHOUT SNEETS 9---6. REVISIONS ~ ~ Assn AVIROM & ASSOCIATES, INC. JOB NO. 8251 ~~ ~a SURVEYING&MAPPING SCALE: 1" = 6D' Q ~ 50 S.W. 2ND AVENUE, SUITE 7D2 DATE: 03~29~07 BDCA RAT01V, FL6Ri~A 33452 Tt=L. (S61) 392-2594, FA3( (567) 394-T72~ DRAWN BY: S.A.M. ~~5HED fl ti ©2D07 AVIROM & ASSOCIA'fE5, INC. ALL RIGH75 RESERVED. SHEET: ~ OE: S. W. _ ~ QQ-~~~ Q ~=O M ~ , ~~ ROYAL PALM DR. PARK rEN i ~ .......~..__~ 3RD ADD. -~~~-~~ POINSETTIA DRI ~ , I ~ ~ i ~I LlNTON o ~ _ CENTRE ~ ~ ~,,, I I I I J I GEORGIA STREET ~ I w ~ I, >~ x w ~_ > { I ~ 4 ¢ ~_~ -- ~, ~ ~ V ~' _~ ~~ J I ~~ ~~ ~ _ I p~ N --~I ~ °z MILFRED STREET MARppNE FpRD MAROONS NI SSA N ~~ LINTON ~" OUTBACK w I' v I. a ~ CIRCUIT ~ ROSS Cl TY ~,_ ! ,~~ ~~ ~ ~~ ~• ~REET Lv 11TH ST. THE GR04/ES z II,I' 'I I_.. i BESSIE ST. z "`, ~'~ a _.~. ELLA ST. v; SOUTHRIDGE VILLAGE ~ CONDO ~' SOUTHRlDGE CONDO 8 0 U L E V A R D Q L!N TON !~ TERNA T10NAL PLAZA LAVER~ 5 ~ V ~ ~I' LAK~wew APARTMENTS N ~ MAROONS DODGE PROPERTY clTr of oELRAY eeacH, FL ABANDONMENT OF UTILITY EASEMENT PLANNING & ZONING DEPARTMENT -- DlG/TAL &4S£ MAP SYSTEM -- MAP REF: LMA-248 I i z Q -~ rNE ~ ( GROVES J GEORGIA STREET --~-~~I~-~ ~ ~ ~ ~ ~z ~ w s ~ ~ IQ - ;~ I i ~' ` - ~j `~, ~ '. .__ ~Q' ~' w - I ~ 0 I I I I ~~~ i SOUTHRIDGE Rb. I ~ U) ~ MAROONS SOU ~NRlDGE DODGE VILLAGE IVIARaaNE ~ corvDo n~issA ~ L I N TON B O U L E V A R D 3 N ABANDONMENT AREA _~_ MAROONS DODGE PROPERTY UTILITY EASEMENT ABANDONMENT AREA CITY OF DELRAY BEACH, FL P~aNNENC & z0N1NG OEPARITAENT (ORB 21682 - PG 0430 -- D!GlTAL BASE MAP SYSTEM -- MAP REF: LMA248 w z I Q THE GROVES GEQRGIA STREET ~ ~- Li.l 1 1 ~~ I LZ ~ ~ ~ i I E~ ~,... I Q ~ ~._.._.. ~_ ~~ I ! _. \Hv ~ ! - V V O I I ~~~~~ SOUTHRIDGE RD. I ~ MAROONS SDU THRIDGE DODGE 1 VILLAGE coNDo MARO0I~E ~ NISSAN ~ L i N TON B O U L E V A R D ~ ~ i I N EASEMENT REPLACEMENT AREA MAROONS DODGE PROPERTY ~ UTILITY EASEMENT REPLACEMENT AREA CITY OF DELRAY BEACN, FL (ORB 22596 - PG 1195) PLANNING & ZONING DEPARTMENT -- 0161TAL SASE MAP SYSTEM -- MAP REF: LMA248 MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 6, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/RSI OF FLORIDA, INC./FIRE STATION N0.2 RE-ROOFING PROJECT ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$2,500.00) and final payment amount of $17,243.30 to RSI of Florida, Inc. for the completion of the Fire Station No. 2 Re-Roofing Project #2007-032. BACKGROUND The project scope consisted of the removal and legal disposal of the existing elastomeric roof system on all of the flat roof areas, and parapet walls; furnished and installed: anew modified built-up roof system, on the flat and parapet roof areas; stainless steel hatches; and roof drains. In addition, installed a standing seam metal roof system for the gable roof portions (former tiled areas); and replaced two (2) air conditioning condensers. The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #649385 to funding account 334-6112-522-46.15 (General Construction Fund/Repair & Maintenance Services/Roof Repair-Fire Station). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$2,500.00) and final payment amount of $17,243.30 to RSI of Florida, Inc. for the completion of the Fire Station No. 2 Re-Roofing Project. CI'T`Y ®F I9EI_,RA~' ~EACI-i CHAISGE ORDER 'TO ®RIGINAL CON'I'RAC'I' CHANGE NO. I/Fiazal (Contract Closeout} PROJECT NO. 2007-032 DATE: PROJECT TITLE: Fire Station No. 212e-Ro®Iing TO CONTRACTOR: 1tSi of Florida, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECTFTCATIONS I'OR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL COI~TTTZACT STIPULATIONS AND COVENANTS. JUSTIFICATTON: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $174,933.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $174,933.00 COST OF CONS'I"RUCTION CHANGES THIS ORDER - {$2,SOOAO) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $172,433.00 PERCENT DECREASE THIS CHANGE ORDER 1.42% TOTAL PERCENT DECREASE TO DATE 1.42°/a CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are. fair and a-easanabl.e. RSI of Florida, Inc. (Contractor to sign & seal} TO BE FILLED OUT BY DEPAR"l"MENT INITIATTNG CHANGE ORDER Funding is available from account: DEPARTMENT Environmental Services DELRAY BEACH, FIsORIDA by its City Commission RECOMMEND; APPROVED: city Attorney FUNDING CERTTFIED BY By: Mayor ATTEST: Tay: City Clerk $:1En~,AdminlProjects~~200 i`~2~07-03210PPICIAL`,CC I Finale RSI DC I1 180S.doc SCHET3IJLL "A„ 'I'O CHANGE ORI3ER N®. I /FINAL {CONTRACT CL®SIiOIITj RSI OF FLORIDA, INC. FIRL S'T'A'T'ION #2 RI;-ROOFING PIN ZO07-032 fTEM DESCRIPTfON UNIT NO. Re-Roofing -Remove existing roofing material, 1 famish and install new built-up modified roof, i.S complete as per plans and specifications for the flat roo# 2 S.S. Roof Hatches wlS.S. Hardware LS 3 AIC Stands -Aluminum Including electrical disconnects & reconnects for mechanical units LS Coating of Stucco Walls (Perimeter of roaf) 4 coated with an Elastomeric material & painted LS to match existing 5 Roof Drains EA Contingency Allowance: Add'I. 5cnpe: Included pressure washing remaining interior wall surfaces above counter 6 flashing, repairing all cracks in masonry LS surfaces using patching compound, cutting and removing old sealant, priming masonry surfaces to receive waterproofing and applying {2) casts of Garland Concretife to walE surfaces 7 Endemnification LS 8 Add Alternate -Metal hoot System in Lieu of LS new rile for the able roof portions 9 Add Alternate -Two (2) AIC Condensers - LS Re lacements to match existiri TOTAL CONTRACT AMOUNTS CONTRACT AWARf3 EST. QTY. UNIT PRICE TOTAL 1 $54,423.fl6 $54,423.00 '€ $3,000.00 $3,OCO.OQ 1 $z,ao9.oa $z,aaa.oa 1 $2,son.oo $2,soo.oa 10 $800.Oa $9,OOa.06 1 $10,0OO.Oa $10,gp0.00 1 $'t0.00 $1fl.00 1 $80,COC.CC $9C,a00.a0 1 4,000 Q,OOa CONTRACT Tfl DATE ACTUA L QTY. UNlT PRICE ~~f?XTENDf~D TOTAL PRICE 1 $54,423.00 $ 54,423.00 1 $3,OOa.CO $ 3,OOC.00 1 $2,0OO.OD $ 2,000.00 1 $2,soa.ao $ z,5oa.aa 10 $900.00 $ 9,000.00 p.75 $10,000.00 $ 7,500.00 1 $1a.00 $ 9a.00 1 $~a,noo.efl $ 9Q,eaa.eo 1 4000 4000 $174,933.Of3 $972,433.df} ($2,5fl4.00) Original Contract Award $174,933.00 Previously ApprovEd Changes $OAO Total AwardlApproved to Date $174,933.00 Final Contract to Bate $172,433.00 CHAhlGE ORbER NO. 1 I FlP1AL $ 2,500.00 Page i of i MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 7, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/H & J CONTRACTING, INC./LAKEVIEW GOLF COURSE POND EXPANSION PROJECT ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$141.52) and final payment amount of $11,393.97 to H & J Contracting, Inc. for the completion of the Lakeview Golf Course Pond Expansion Project #2007-020. BACKGROUND The project scope consisted of the excavation and expansion of the existing pond near the 14th tee on the Lakeview Golf Course. The expansion of the pond allows the golf course to receive and store reclaimed water for use in routine course irrigation. The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #652699 to funding account 441-5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$141.52) and final payment amount of $11,393.97 to H & J Contracting, Inc. for the completion of the Lakeview Golf Course Pond Expansion Project. CI'T`Y ®F IIELRA~' LEACH CIIAIoIGE ®RDEIP 'I'® ®12IGIl~Ir~ COi0TTI2ACT CHANGE NO. 1/Final (Contract Closeout) PROJECT NO. 2007-020 DATE: PROJECT TITLE: Lakevie~c GoIT' Course Pand Expansion TO CONTRACTOR: II & J Cantraeting, Inc. YOU ARE HEREBY REQUESTED TO MAKE TT-IE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule"A". SUMMARY OI°' CON'T'RACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED AD3USTED CON"T"RACT AMOUNT PRIOR TO 'T`HIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CON"TRACT AMOUNT INCLUDING 'T'HIS CHANGE ORDER PERCENT DECREASE THIS CHANGE ORDER O.OI% TOTAL PERCENT DECREASE TO DATE a.al% $139,Sa0.00 $ o.oa $I39,500.Q0 ($I4I.S2) $139,358.48 CERTIFIED STATEMENT; I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that tY-e prices quoted are fair and reasonable. kI & J Contracting, Inc. (Contractor to sign & seal) I'O BE FILLED OUT T3Y DEPARTMENT INITIATING CHANGE ORDER Funding is avaiiabie firom account: DEPARTMENT FUNDING CER`T'IFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environn rental Services APPROVED: City Attorney Tay: Mayer ATTEST: By: City Clerk S:VEngAdminlProjects~260712607-02Q'~DFF'fCL4L1C0 t Final E3 & S Contractir~ GC. L 1180H.doc scx~n~tiJ~ "~~~ TO CIIANG~ ()ROE12 N®. 1 1 FINN. (COllTT1lZ,1C"I" CI.®SECAi1T) ~ & J C©N'I'ItACTING, INC. LAKIVIE'4`6%GQY,i^ COURSE P(3ND EXPANSI(3N P/?~ 20D7-02a ITEhR NO. ©ESCRIPTION UNIT 1 Site Mobitizationlpemabilization LS 2 Erasion Protection Measures LS 3 Giearin and Grubbin LS 4 pewaterin LS 5 As-Built Record Drawin s LS & indemnification LS 7 Pro'ect Identification Sin EA 8 Ci# Reclaimed Water Main Sin EA 9 Existin praina e Pi e Modifications LS 10 Excavation LS 11 Embankment LS 12 Sad- St. Au ustine SF 13 Sad- Tifiwa 419- Bermuda SF 14 Restaratinn LS 15 5tillin Well & A urtenanees LS 18 4" pIP Reclaimed Water Main LF 17 12" pIP Reclaimed Water Main LF 1$ pIP RJ Fittin s LS 19 Video Allowance LS 20 Undefined Under round Allowance LS 21 4" & 6" Irci anon Dischar e Pi in Allowance LS 22 1-112" & 112" Conduit & Wiring Remove and Insta€I Allowance LS 23 112" PVG Water Line Remove & Install AI lowance LS CONTRACT AWARD E3T. QTY. UNIT PRICE TOTAL 1 $8,600.40 $fi,6DD.66 1 $12,500.40 $12,5DO.OD 1 $1,600A0 $1,500.06 1 $5,5{16.00 $5,500.00 1 $4,350.00 $4,950.00 1 $1D.00 $10.00 1 $474.00 $474,pD 5 $2'75.00 $1,375.00 ? $2,345.60 $2,345.00 1 $30,406.60 $30,000.00 1 $3,4D{1,00 $3,400.00 13,70D $0.23 $3,151.00 29,400 $0.3 $7,956.00 1 $9,360.00 $9,300.06 '[ $15,400.00 $15,400.06 42 $40,00 $1,fi8D.fl6 78 56.00 $4,524.D0 1 $2,335.00 $2,335A0 1 $400.00 $4DO.D0 1 $S,ooD.oD $5,ao6.aD 1 $15,60D.00 $15,DOD.flD 1 $5.060.00 $5,000.00 t $ 1,6D0.04 $1,000.00 CONTRACT TO E]ATE ACTUAL RTY. UNIT PRICE EXTENDEi7 TOTAL PRICE 1 $6,500:00 $ 8,600.D6 1 $12,500.00 $ 12,500.OD 1 $1,600.00 $ '[,600.00 1 $5,500.00 $ 5,5DO.00 1 $4,950.06 $ 4,950.DD 1 $10.06 $ 10.DD 0 $474.60 $ - 0 $275.00 $ - 1 $2,345A0 $ 2,345.00 1 $3Q60D.00 $ 3D,000.00 1 $3,400.00 $ 3,400.00 13,7fl0 $D.23 $ 3,151.fl0 23,4fl0 $0.34 $ 7,95fi.flD 1 $9,300.00 $ 9,30D.fl0 1 $15,400.06 $ 15,4fl6.DD 56 $4o.DO $ 2,oao.oo 78 $58.OD $ 4,524.OD 1 $2,335.DD $ 2,335.06 1 $4pp,00 $ 460.06 O.fi17 $5,060.00 $ 3,687.48 1 $1S,Og0.00 $ 15,600.66 '[ $5,060.00 $ 5,000.60 'i $1,60D.00 $ 1,ODO.OG TOTAL ORIGINAL CONTRACT AWARD $139,5©0.00 $13fi,05$.48 {$3,441.52) CHANGE ORDER NO. 1 Additional scope required to extend the cart path to the end of the relocated 14th Tee ~ 00 $0.00 ~ 1 $3,300.00 $3,300.06 $3,34D.00 GRAND raTAL iNCLUDiNG CHANGE ORDER No.1 $139 500.©© $739,358.48 {$741.52? Origlna! Contract Award $139,500.{1D Previously Approved Changes $Q.D6 Tota[ AwardlApproved to Date $ i 39,500.00 Final Contract to Date $139,358.48 CHA~10~ Of2f.?~R N®. 7 1 FINAL $ 147.62 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Susan Ruby, City Attorney DATE: November 7, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 RESOLUTION N0.58-08 ITEM BEFORE COMMISSION Resolution No. 58-08 BACKGROUND The attached Resolution No. 58-08 is objecting to efforts by Miami-Dade County to modify Section 180.191, Florida Statutes, to eliminate the rights of a municipal utility to assess surcharges to customers outside its municipal boundaries. RECOMMENDATION The City Attorney's Office recommends City Commission discretion. RESOLUTION N0.58-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING AND PROTESTING THE EFFORTS OF MIAMI-DARE COUNTY TO ELIMINATE THE ABILITY OF CITIES TO RECOVER COSTS OF PROVIDING WATER AND SEWER SERVICE OUTSIDE ITS MUNICIPAL BOUNDARIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 180.191, Florida Statutes, grants every municipality in Florida that operates water & sewer systems outside their own boundaries the right to establish water & suer rates for outside city customers that include a surcharge up to 25% without a special public hearing and up to 50% with a special public hearing; and WHEREAS, the surcharge perrrntted by the state recognizes and justifiably offsets the capital costs and burden carved by a municipality`s tax paying citizens to enable the acquisition, maintenance and operation of its water & sewer utility ancl, therefore, provide quality water & sewer services for non residents and non municipal taxpayers; and WHEREAS, the City of Delray Beach has been appropriately collecting the statutory surcharge pursuant to ~ 180.191 since 1980; and WHEREAS, the City of Delray Beach's water & sewer utility continues to provide high quality water & sewer service to outside city customers, which enables economic development in its service area and enhances the quality of life of its customers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are true and correct. Section 2. The City of Delray Beach opposes any change in the City`s water & sewer utility rate malting authority as established by the Florida Legislature in ~ 180.191, Florida Statutes. Section 3. The City Clerk is hereby directed to send a copy of this Resolution to the President of the Florida Senate, Speaker of the Florida House of Representatives, Florida Governor Charlie Crist, the legislative leadership at the The Florida League of Cities, Inc. and the Palm Beach County legislative delegation Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City of Delray Beach City Commission at the regular meeting assembled this day of , 2008. ATTEST: MAYO R City Clerk Talking Points Regarding the Outside City Surcharge Presented by the City of North Miami Beach • Miami-Dade County's Board of County Commissioners passed Resolutions R-404-08 and R-444-08 in April 2008 urging Florida legislators to prohibit municipal water and wastewater utilities from levying a surcharge on consumers living outside the city limits. - Section 180.191, Florida Statutes (F.S.) allows municipalities to implement up to a 25% surcharge to those customers living outside the city limits without performing a cost study and up to a 50% surcharge if deemed appropriate by a cost study. • Preambles to the Resolutions state that the surcharge amounts to "taxation without representation". Both Resolutions state that the surcharge results in unfairness to consumers living outside the City's boundaries when they have no representation, voice or input into City decisions. - All customers of the utility, living both inside and outside city limits, have equal opportunity to appear at rate hearings, which are publicized pursuant to Section 180.136, F.S., giving them a voice in rate setting matters. - The outside city limits surcharge IS NOT a tax, IT IS a fee associated with the increased costs of providing service outside the city limits. • Section 180.191, F.S. has withstood numerous legal challenges with the courts recognizing the appropriateness of the outside city limits surcharge because of the inherent cost of service differential and the ownership nature of the in-city customers. - The Florida Supreme Court upheld Section 180.191, F.S. in Mohme v. City of Cocoa, 328S. 2D422. Selected statements made by the Court include: "A different rate may be charged... It is justified because of the difference in cost to furnish services to those without the municipal limits, as compared to the cost to furnish it to those within the municipality."; and "...we believe that the legislature reasonably concluded that there are additional costs attributable to the providing of these services by municipal utility systems and that these costs cannot be pinpointed even under sophisticated cost accounting techniques. Because of the interconnection of the components of a utility system... the exact additional cost of delivery of utility services to those outside." A060022.00 Page 1 of 3 110308 - The Fourth District Court of Appeals in City of Pompano Beach v. L.M. Oltman, Gerald F. Glass and Floyd F. Toomey, 389 So.2d 283; 1980 Fla. App. Lexis 175359 upheld Section 180.191, F.S. Selected statements include: "The City has the clear right to charge higher rates to users of its utility system outside the City than to users inside the City. Clay Utility Co. v. City of Jacksonville, 227 So.2d 516 (Fla. 1st DCA 1969); Mohme v. City of Cocoa, supra." • The legislature recognized that providing utility service outside the city limits was inherently more costly than providing service within the city limits and provided for that inherent cost differential with the surcharge provision of Section 180.191, F.S. Several factors can account for this cost differential and include: - In-city owners are due a return on their investment in the utility system. The AWWA (American Water Works Association) is the recognized authority on utility rate making. AWWA Manual M-1 acknowledges it is necessary for municipal utility systems to charge a rate differential to outside city limits customers in order that the in-city utility owners are compensated for their investment. - The municipality is seeking to equalize outside city rates when a water franchise fee or utility tax is charged to inside City customers and not outside City customers. - The municipality is seeking to normalize its inside City customer costs. - The municipality can facilitate development by providing utility service outside City boundaries while minimizing potential subsidization by City customers. - In-city density can provide economies of scale not obtainable in less dense outside City customer groups. - Permitting costs outside City can be more than in-city costs. • There are potentially devastating effects to repealing the outside city limits surcharge. These effects include: - Jeopardizing municipalities' credit rating for debt as surcharge income is generally considered acceptable revenue for debt coverage tests. - Jeopardizing existing outstanding debt service instruments which include surcharges in the debt service coverage ratios. - Environmental impacts resulting from developer installed water & wastewater systems not as efficient or effective as municipal owned systems. - Eliminate a means for obtaining a fair return on investments owned by the City. - Eliminate a means for equal cost sharing for services provided by non-tax paying recipients of benefits from community sponsored activities. - Eliminate a means of equalizing the in-city public service tax. A060022.00 Page 2 of 3 110308 - Eliminate a means for providing funding for utility capital projects necessary to meet environmental and legislative mandates (ocean outfalls recently enacted by the legislature). Other sources of funds, such as grants and SRF loans, are becoming more limited. - Chilling effect on outside city limit development. Less incentive to provide service. • What can your City do to protect Section 180.191, F.S.? - Pass a resolution similar to Resolution R2008-14 passed by the City of North Miami Beach. - Lobby your legislators with your support of Section 180.191, F.S. as it currently reads and be on the lookout for, and take no action on, Resolutions such as R-404-08 and R-444-08 passed by the Miami-Dade BOCC asking for changes eliminating the outside of city surcharge as provided for in Section 180.191, F.S. - Make other cities aware of the Miami-Dade resolutions and solicit their support and involvement. - Stay aware and informed as resolutions such as those promulgated by Miami- Dade (R-404-08, R-444-08) can have negative impacts on countless cities throughout Florida. A060022.00 Page 3 of 3 110308 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert Barcinski, Assistant City Manager DATE: November 12, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 AGREEMENT/HORSE DRAWN CARRIAGES, INC. ITEM BEFORE COMMISSION City Commission is requested to approve an agreement between the City and Horse Drawn Carriages, Inc. to provide service along Atlantic Avenue and NE 2nd Avenue from November 20, 2008 through May 30, 2009. BACKGROUND We have been requested by Marjorie Ferrer to consider approval of this agreement for the upcoming holiday season. By this agreement, Horse Drawn Carriages, Inc. would provide horse carriage rides for the dates specified. The route would be along Atlantic Avenue, with pick up and drop off points at the Marriott Atlantic Avenue entrance, to two (2) parking spots on the south side of Atlantic Avenue adjacent to Worthing Park. The proposed schedule of service is as follows: from November 20, 2008 through November 28, 2008, Wednesday through Saturday, from 6:30 p.m. until 11:00 p.m., weather permitting; from November 29, 2008 through January 11, 2009, daily from 5:30 p.m. until 11:00 p.m., weather permitting; and from January 12, 2009 through May 30, 2009, Wednesday through Saturday, from 6:30 p.m. until 11:00 p.m., weather permitting. Ten percent of the gross revenue received would be donated to the Downtown Marketing Cooperative to offset cash costs for putting up the Christmas Tree. The fee for one (1) to six (6) passengers will be $40.00. All City staff concerns regarding safety, clean up and care of animals have been addressed in the agreement. LDR's section 2.4.6(F)(3)(d) allows this use during the season. The proposed agreement is attached. Prior to start, the company will need to provide the City with a Certificate of Liability Insurance. RECOMMENDATION Staff recommends approval of the proposed agreement between the City and Horse Drawn Carriages, Inc. to provide horse and carriage rides along Atlantic Avenue and NE 2nd Avenue as specified in the agreement, contingent on the receipt of the Certificate of Liability Insurance. Rebecca Learman • Horse Drawn Carriages, Inc. • 675 Royal Palm Beach Blvd. Suit135 • WPB, FL. 33411 Tel: 954-309-1727 Robert Barcinski Asst. City Manager City of Delray Beach 100 NW 1st Ave Delray Beach, FL 33444 October 29, 200$ Re: Horse-drawn carriage rides, 2008/2009 season, Downtown Delray Beach Robert: It's time again and we sure are looking forward to coming back. Last season was a great success. Horse Drawn Carriages, Inc. has become a part of Delray Beach and we are glad to be able to bring our unique services to this special city. Giving rides on Atlantic Avenue has been such a pleasure because of the positive feedback from so many satisfied customers, as well as from the countless pedestrians who stop to pet the animals and ask questions about horses. It seems there is always a smiling crowd standing around us. Horse-drawn carriages recreate a time when life was to be savored slowly. They recreate a very special relationship between man and nature. When passengers thank us, they are not only thanking us for the ride, but also for the re-enchantment of everyday life. It's a welcome way for Delray Beach residents to spend time. Our horses continue to be in tip-top shape, beautiful and obviously well cared for. They are happy, and therefore able to impress the most critical. All of us at Horse Drawn Carriages, Inc., including the horses, had a wonderful. time giving rides last winter. We expect the upcoming season to be even busier and again be able to contribute to the success of Delray Beach. This year again, we would like to stage from Worthing Park, away from the restaurants and where customers can wait in the park. We would like to provide our services year round. For the 2008/2009 Delray Beach season we would like to start in November 2008. From November 20, 200$ through November 2$, 2009 we will be in service Wednesday through Saturday from 6:30 pm until 11:00 pm, weather permitting. Fram November 29, 2008 through 3anuary li, 2009, with the famous one hundred foot Christmas tree, we will be in service daily from 5:30 pm unti111:00 pm, weather permitting. From January 12, 2009 through May 30, 2009 we will be in service again Wednesday through Saturday from 6:30 pm until 11:00 pm, weather permitting. We will provide 20 -- 25 minute horse-drawn carriage rides along Atlantic Ave and Pineapple Grove Way with a pick up and drop off location at the 100 foot Christmas tree and on Atlantic Ave., with passenger stops at Worthing Park and. the Delray Beach Marriott Hotel. The fee for one to six passengers is $40A0 per ride, plus driver gratuity. We will donate 10% of the gross revenues collected during this time to the Downtown Marketing Cooperative. The City of Delray Beach and the Downtown Marketing Cooperative will again be added as additional insured to our 2009 insurance policy. We will continue our policy of proper, sanitary waste disposal and will never dispose of any manure improperly. We will carry a neutralizing solution to eliminate all urine spot odors. If you need any additional information, please do not hesitate to contact me at: 954 309 1727. We enjoy working in Delray Beach and are glad to be coming back. rely, Rebecca Learman Horse Drawn Carriages, Inc. 2 inc. Quotes from Horse Professionals Carriage Horses in a Positive Light When people dismount your carriage, and say, "Thank you," they are not only thanking you for the ride, but also for the re-enchantment of everyday life. Carriage Operators of North America Horse-drawn carriages recreate a time when life was to be savored slowly. And, they recreate a very special relationship between man and nature. When treated with care and respect, the horse willingly provides his great strength for mans purposes. Man, in turn, tends to the health and comfort of his partner in work. Therein, lies the dignity of labor. Elizabeth M. Guarisco If you're driving on pavement or hard roads, take time to condition your horse to the concussion. Horses conditioned on hard surfaces often gave stronger bones and ligaments, and they're known for having long competitive life spans and good soundness. Sara Schmitt Dan is my 25001bs, 15 year old, Belgian Draft Horse. Dan and I got invited to 4H Farm Days at the fairgrounds so !hitched him up in all his finest logging attire and let all the elementary classes from the entire county come by and admire him. He stood at atten#ion all day watching the tractors pull the hay wagon with children on it. I really think he wanted to be doing the pulling. There he was, in his work ouiftt, watching a John Deere do his job. How humiliating! Suzi Axtell We were on level ground with a cool evening and I really think the horse was enjoying himself. The horse can pull more than 4 times his weight and often I have been tempted to unhitch and pull it around the block myself to show how light and easy it is. Joe Watkins The History of Draft Horses The Industrial Revolution proved to be responsible for both the rise and collapse of the hearty horse in America. Demand for draft animals was spurred on by the growing transportation, construction and agricultural needs of the nation. The last half of the 19th century made draft horse breeding both essential and profitable. Massive importations from Europe took place. The period also ushered in the development of the present day breeds of heavy horses. The number of horses and mules in The United States peaked in 1920, at about 26 million. The groundwork for today's agriculture had been laid. The horse lost the battle of the streets to the automotive industry rather quickly. As for the battle of the agricultural fields, it fought very tenaciously, but eventually yielded in most cases to greatly improved tractor power. By 1950, it was indeed, on thin ice. "Get big or get out" was heard across the nation and many did just that. It appeared to many that the draft horse was destined for the museum, a relic of days gone by. Since that time, the draft breeds have not only stabilized their numbers, but once mare enjoy a thriving trade. The fact that the old order Amish decided in the'20s to reject tractor power in the fields was a considerable factor, as were the dedicated breeders that had produced these splendid breeds. The present trade for heavy horses is made up of several Hitch markets. Their power and beauty have more than a little to do with this resurgence. The multiple hitch, once used to pull plows and combines, now finds itself hitched to a beer wagon in a parade or a big fifth wheel wagon at a fair. Equine competitions are reaching and exceeding levels Hat seen since the 1930s. On the small farms of the Amish, it plays its traditional mle as the tractor that burns home grown fuel and raises its own replacements. Qn western cattle ranches, teams are still used to feed cattle, and in some cases, elk. In the logging industry, increasing environmental concerns have bolstered horses and mules to the machine of choice where selective logging, rather than clear cutting, is the order of the day. The flourishing tourism industry has prompted the return of horse drawn trolleys and carriages. They are again commonplace in historic areas and on many big city streets. They are doing an amazing number of things...some traditional, others less so. The uses for draft animals are limited mostly by the imagination of people. It is, once more, a viable and growing business. PROMISING FUTURE Romance (and history) have it that all of our draft breeds descended from the age of knights in armor. They needed heavy, powerful. mounts and the Great Horse of Flanders (a common ancestor to several breeds) provided the genetic material. The knights, encased in heavy armor on horseback, became the tanks of their time. They were later rendered obsolete by gunpowder, another element of the industrial revolution. Be it far whatever reason -public appeal, versatility, practicality or economy -what was once regarded as an artifact of history has today became a tool of choice for many. The breed registries in this country confirm that it is growing. Any genome that has survived fast gunpowder and then industrialization, can survive darn near anything. And survive is what the draft horse industry has done. AGREEMENT THIS AGREEMENT, made and entered into this day of 2008 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (hereinafter referred to as "CITY"), and HORSE DRAWN CARRIAGES, INC., (hereinafter referred to as "CARRIAGES") WITNESSETH: WHEREAS, the CITY controls certain roadways located within the City of Delray Beach; and WHEREAS, CARRIAGES desires to use these roadways for the operation of horse-drawn carriage rides to the general public; and WHEREAS, the CITY believes that offering carriage rides during the holiday season will increase revenues to the City; and WHEREAS, CARRIAGES agrees that ten percent (10%) of their gross revenues shall be donated to the Downtown Marketing Cooperative for use to offset cost of erecting Christmas tree. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: 1. LICENSE; TERM. The CITY hereby grants to CARRIAGES the right and privilege to use Atlantic Avenue east of Swinton to the Marriott from November 20, 2008 through May 30, 2009. CARRIAGES' rights shall cover an additional one (1) day after the term of license in order to allow CARRIAGES to remove necessary facilities and/or equipment. The requirement for the ten (10%) percent donation to the Downtown Marketing Cooperative shall survive the termination. 2. LICENSE AGREEMENT ONLY. This agreement between the CITY and CARRIAGES is a license agreement, not a lease or purchase agreement, and should be construed by a court of competent jurisdiction to be a license agreement only. Furthermore, this License Agreement does not grant nor is CARRIAGES receiving hereunder any rights to any real property of the CITY nor any property interests except as set forth in this Agreement. 3. FACILITIES AND SERVICES PROVIDED BY CITY. (a) Unless otherwise herein specified, CITY shall be responsible for, or agrees to provide, at no charge to CARRIAGES the following assistance in connection with the operation of the carriage rides: (i) Non exclusive use of Atlantic Avenue east of Swinton to the Marriott including non exclusive use of NE 2nd Avenue north to NE 4th Street; and (ii) Non exclusive use of two (2) parking spaces on the south side of Atlantic Avenue in front of Worthing Park on a space available basis and on the east side of N.E. 1St Avenue across from the Christmas Tree. 4. OPERATION OF CARRIAGE RIDES. The organization and operation of each carriage ride shall be the responsibility of CARRIAGES. The operation shall occur in accordance with the following rules. CARRIAGES shall: (a) Handle sales and purchase of all carriage rides; (b) From November 20, 2008 through November 28, 2008 Wednesday through Saturday from 6:30 p.m. until 11:00 p.m., weather permitting, from November 29, 2008 through January 11, 2009 daily from 5:30 p.m. until 11:00 p.m., weather permitting and from January 12, 2009 through May 30, 2009 Wednesday through Saturday from 6:30 p.m. until 11:00 p.m., weather permitting. (c) Administer donations of ten (10%) percent of gross revenues to be paid directly to the Downtown Marketing Cooperative to offset cost of erecting Christmas tree; 2 (d) Set up each of two (2) carriages complete with one (1) horse per carriage; with an option to add a third (3) carriage, as may be needed. (e) Provide proper illumination of carriage vehicles; (f) Operate carriages on approved road surfaces only; (g) Provide horse diapers to ensure cleanliness on site as well as dispose of horse diapers in a sanitary fashion; (h) Obtain all necessary permits; (j) Provide adequate liability insurance coverage in amounts determined by the CITY and including a clause indemnifying CITY; (k) Provide carriage drivers skilled in ability to control animals; (I) Provide bells on horses; (m) Provide adequate food and water for animals; (n) Bear responsibility for finding storage for carriages and/or trailers when not in use and CARRIAGES must bear expense for said storage as well as any and all risks of loss therein; (o) Horses shall not be left unattended while parked; (p) CARRIAGES' agents and employees shall comply with traffic regulations and shall possess a valid driver's license; (q) CARRIAGES shall display a valid schedule of rates, charges and hours of operation in a location visible by the public; (r) Obey all laws of the City and the State including but not limited to providing signage in accordance with applicable ordinances, laws, or rules. 5. ACKNOWLEDGMENT OF BENEFITS. In acknowledgment of the services provided by the CITY in Paragraph 3 above, CARRIAGES agrees that CITY will have the following acknowledgment rights: (a) Inclusion of CITY'S name and/or logo in all print, radio, and television advertising created by CARRIAGES to promote carriage rides; 3 (b) Inclusion of CITY'S name on the front cover of all promotional materials created and distributed by CARRIAGES; (c) Inclusion of CITY'S name in all press materials; 6. CARRIAGES' EXPENSES AND REVENUES. (a) Subject to Paragraph 4(a), CARRIAGES shall be responsible for collecting all revenues generated by, and paying all expenses incurred for the carriage rides. 7. FORCE MAJEURE. If CARRIAGES or the CITY is prevented from or interfered with in any manner whatsoever in fully performing its agreements (including its ability to operate carriage rides) hereunder, for any reason beyond its reasonable control such as any law, regulation, act of God, earthquake, flood, fire, accident, labor controversy, act or threat of terrorism or delay of a common carrier (the foregoing all being examples of an "event of force majeure"), then CARRIAGES' and the CITY'S obligations hereunder will be suspended as often as any such event of force majeure occurs and during such occurrences, CARRIAGES' and CITY'S nonperformance will not be deemed a breach of this Agreement. 8. TAXES. CARRIAGES shall be liable for any and all taxes which are or may be imposed as a result of this agreement. Taxes shall be paid to the appropriate authority and including, but not limited to, sales and/or use tax. 9. PROOF OF INSURANCE. CARRIAGES shall provide the CITY with proof of insurance. The type and quantity of insurance is more particularly set forth in Exhibit A to this agreement. Proof of such insurance shall be due by 30 days prior to the first carriage ride. The insurance shall name the CITY and its designee as additional insured. 4 10. FINANCIAL RESPONSIBILITY. CARRIAGES agrees, subject to the provisions of this Agreement, to accept all financial responsibilities for the carriage rides including, but not limited to, all accounting and reporting as may be required by law. CARRIAGES further agrees to accept sole responsibility for any financial commitments or obligations it incurs as a result of the carriage rides, and which are not provided for in this Agreement. 11. OTHER SERVICES AND SUPPLIES. CARRIAGES further agrees that all services and supplies not specifically identified herein shall be provided by or through CARRIAGES. 12. RIDE TICKET SALES. All ride sales tickets shall contain language approved by CARRIAGES and CITY establishing that the ride tickets create a revocable license. Prior to the commencement of sale of any ride ticket, CARRIAGES shall provide City Manager or his designee with the established ticket sales price. 13. ADVERTISING MATTER. (a) CARRIAGES agrees, subject to its rights, if any, under any applicable License Agreements, to identify the City of Delray Beach as the location of the carriage rides in publications, advertising and any electronic broadcast, and to permit CITY to use CARRIAGES' name, and CITY agrees to permit CARRIAGES to use the CITY'S name, logo, and trademark during the term of this Agreement solely in the connection with the carriage rides. CITY agrees that promotional material created by CITY with regard to the carriage rides is subject to the approval of CARRIAGES. CARRIAGES agrees that any material submitted by CITY will not be unreasonably disapproved, and, if it is disapproved, that CITY will be advised of the specific grounds of the disapproval. (b) All printed material and advertising matter to be used prior to or during the operation of carriage rides which include the name City of Delray Beach or its official 5 seal shall be submitted to the City Manager or his designee for his approval at least two (2) days prior to the proposed use of the same. Approval shall not be unreasonably withheld by the City Manager or his designee. 14. PERSONNEL AND EQUIPMENT. CARRIAGES shall provide all personnel needed for the operation of the carriage rides, including, but not limited to, ticket sellers, ticket takers, drivers, trainers and guides except as otherwise set forth in Paragraph 3(a) or elsewhere in this Agreement. 15. CITY'S RIGHT TO CONTROL FLOW OF TRAFFIC. CITY at all times reserves the right to re-route carriages if the approved route becomes a detriment to the flow of traffic, and neither CITY nor any of its officers, agents or employees shall be liable in any manner to CARRIAGES or its officers, agents or employees for any damages which may be sustained by CARRIAGES through the exercise of this right by CITY. 16. NON-DISCRIMINATION. A. That CARRIAGES for itself, its personal representatives, successors in interest, assigns, subcontractors, and sublicensees, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the ground of race, color, national origin, age, or sex shall be denied the benefits of, or be otherwise subjected to discrimination in the use of said carriage rides. B. That in the event of a proven breach of any of the above non- discrimination covenants, the CITY shall have the right to terminate the license. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. 6 17. CHANGE IN LAW. During the term, the CITY reserves the right to restate and/or renegotiate with CARRIAGES such additions, deletions or changes to the license as may be necessitated by changes in county, state or federal laws relating to the operation of the public roads. In the event that the CITY and CARRIAGES are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract concerning the services involved in the addition, deletion or change shall be terminated or eliminated. 18. TERMINATION. Either party may terminate this Agreement without cause upon five (5) days written notice except that ten (10%) percent of gross revenues collected prior to the date of termination shall survive such termination. 19. NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 To CARRIAGES: Rebecca Learman, Horse Drawn Carriages, Inc. 11715 Sunset Boulevard West Palm Beach, FL 33411 or to such other addresses as either party may designate in writing. 21. INTERPRETATION. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and delivered by both parties hereto. 7 This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 22. INDEMNIFICATION. (a) To the fullest extent permitted by laws and regulations, CARRIAGES agrees to indemnify, defend, save and hold CITY, its officers, agents, employees and assigns harmless from any and all claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature whatsoever which may arise out of, in connection with, or because of the use or operation of the licensed roadways, including but not limited, to the road surfaces, parking areas, pedestrian walkways, vehicular paths and grassy areas, by CARRIAGES or its officers, agents, employees, or indepen- dent contractors, and invitees including but not limited to those resulting from or arising out of (a) by any act done or words spoken by CARRIAGES, its agents or employees; (b) any damage done to the premises or any part thereof caused by the act or omission of either CARRIAGES or any agent or employee of CARRIAGES: (c) the breach by CARRIAGES of any term of this Agreement; or (d) any breach or alleged breach of any warranty or obligation undertaken by CARRIAGES in this Agreement. CARRIAGES shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection therewith, including but not limited to reasonable attorney's fees and costs to defend all claims or suits, in the name of CITY when applicable. (b) CARRIAGES agrees to defend all actions to which this Paragraph 22 applies, in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of CARRIAGES under this indemnification agreement. 8 (c) Such indemnification shall be limited to the amount of liability insurance which CARRIAGES is required to obtain under this License Agreement. See Exhibit A attached hereto for requirements. (d) Nothing contained herein is intended nor shall be construed to waive CITY'S rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Paragraph 22 shall survive the execution, delivery and performance of this Agreement. 23. PERSONAL PROPERTY. CITY assumes no responsibility whatsoever for any property placed on the Site by CARRIAGES, its agents, employees, representatives, independent contractors or invitees. CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Site under this Agreement. CARRIAGES shall indemnify, hold harmless, and defend the CITY in any action naming the CITY, its officers, agents and employees. All costs and fees associated therewith at trial and appellate levels shall be the responsibility of CARRIAGES under this agreement. 24. INDEPENDENT CONTRACTOR STATUS. CARRIAGES and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement or for any other reason whatsoever. This Agreement shall not in any way be construed to create a part- nership, association or any other kind of joint undertaking or venture between the parties hereto. 25. WARRANTY. Except as otherwise provided for herein, the CITY and CARRIAGES represent that they have, to the best of their knowledge and belief, all rights and authority 9 necessary to fulfill the obligations hereunder without breaching the terms of any other agreement to which either CARRIAGES or CITY is a party. 26. ASSIGNMENT. This Agreement shall bind and inure to the benefit of CARRIAGES and the successors and assigns of CARRIAGES. The rights granted CARRIAGES hereunder shall be exclusive to it and shall not, without the prior written consent of CITY, be transferred or assigned to any other. 27. RESERVATION OF RIGHTS. All rights not herein specifically granted to CARRIAGES with respect to the carriage rides shall be and remain the property of CITY. 28. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between CITY and CARRIAGES in respect to the subject matter of this Agreement and supersedes all prior agreements. 29. EXECUTION AND DELIVERY REQUIRED. This instrument shall not be considered to be an agreement or contract, nor shall it create any obligation, whatsoever, on the part of CARRIAGES or CITY, or either of them, unless and until it has been signed by representatives of CARRIAGES and CITY and delivery has been made of afully-signed original. 30. THIRD PARTIES. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the 10 obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 31. VENUE. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 32. APPROVALS. All approvals to be given by a party under this Agreement shall not be unreasonably withheld or delayed. IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk By: Rita Ellis, Mayor Approved as to Form: City Attorney WITNESSES: (print or type name) HORSE DRAWN CARRIAGES, INC. Bv: Name Printed: Title: SEAL 11 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2008 by of Horse Drawn Carriages, Inc.., a corporation, on behalf of the corporation. He/She is personally known to me/or has produced (as identification). Signature of Notary Public 12 EXHIBIT "A" INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH FOR AGREEMENT WITH LICENSEE Licensee shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150. The following insurance coverage shall be required. A. Worker's Compensation insurance as provided for under any worker's compensation or similar law in the jurisdiction where any work is performed with an employer's liability limit of not less than $500,000 per accident. B. Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury, and if items are sold, products and/or liquor liability, in connection with the contractual relationship and activities being done under this agreement. The policy will be endorsed to include the City of Delray Beach and it's designees named as additional insureds. The insurance will be written on an occurrence basis with the limits of liability not less than $1,000,000.00 combined single limit per occurrence. C. Motor Vehicle Liability Insurance covering all vehicles associated with the Licensee's operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $300,000.00 combined single limit per each occurrence. D. The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non- renewal or cancellation. Licensee shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, at least thirty (30) days prior to the operation of carriage rides. If so requested by the City, certified copies of insurance policies will be provided by the Licensee. If any of the above coverages expire during the term of this agreement, the Licensee will provide a renewal certificate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. lit Avenue, Delray Beach, Florida 33444 with a copy to City Attorney's Office, 200 N.W. lit Avenue, Delray Beach, Florida 33444. MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: November 6, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 AMENDMENT NO. 1 TO THE CHAMBER OF COMMERCE RELOCATION AND PUBLIC PARKING SPACE AGREEMENT ITEM BEFORE COMMISSION The item before the City Commission is the consideration of Amendment No. 1 to the Chamber of Commerce Relocation and Public Parking Space Agreement. BACKGROUND The City, the CRA, the Chamber and The Old Library Development LLC, entered into an Agreement known as the Chamber of Commerce Relocation and Public Parking Space Agreement dated April 21, 2008. The Agreement provides for the build out and relocation of the Chamber space to the southeast corner of the Old School Square retail space as depicted on Exhibit "A" to the original agreement. This location was picked to accommodate a market on the remainder of the site due to a grade elevation issue. Since that time, it has been determined that a market is not likely. The Chamber prefers the location at the northwest corner instead, which was actually the original preference of the Chamber before a potential market was considered. To accommodate the Chamber space in the northwest corner location, the Chamber agrees to occupy space measuring 6,189 sq. feet (instead of 6,309 sq. feet as in the original agreement) because it lines up better with windows, etc. The Chamber would get the use of the entire storage space in lieu of the original 6,309 sq. feet. The Old Library LLC nonetheless agrees to payouts under the original agreement based on 6,309 sq. feet, which is also acceptable to the Chamber and the CRA. The CRA plans to put Amendment No. 1 on their November 13, 2008 agenda. Our office requests this item which includes this memo, the CRA Summary, the original Agreement, Amendment No. 1 and e- mails be placed on the November 18, 2008 agenda for City Commission approval. RECOMMENDATION The City Attorney recommends approval of Amendment No. 1 to the Chamber of Commerce Relocation and Public Parking Space Agreement. Meeting Date: November 13, 2448 Agenda Item: Summary AMENDMENT NO. 1 TO CHAMBER OF COMMERCE RELOCATION AND PUBLIC PARKING SPACE AGREEMENT On February 14, 2008, the CRA approved the Purchase and Sale Con#ract for the Old Library site, and the associated Chamber of Commerce Relocation and Public Parking Space Agreement. The Relocation Agreement provides for the relocation of the Chamber of Commerce from the building that it currently leases at 64 SE 5~h Avenue to the commercial space contained on the ground floor of the public parking garage east of Old School Square. The Agreement stipulates which party shall construct and pay for the various components of the Relocation Premises. A copy of the full Agreement is available upon request. As it is currently written, the Agreement states that the Chamber will occupy the commercial space in the section of the garage that fronts on NE 2nd Avenue (Pineapple Grove Way). The Chamber's first choice was the NE 1st Street frontage, because it seemed more logical to locate a retail use along the more heavily trafficked 2"~ Avenue. However, at that time the City was in the process of negotiating an agreement to sell space in the garage to King's Market, and King's preferred the 15f Street frontage because of loading issues. That agreement fell through and a commercial real estate broker is now marketing the garage space to potential buyers. The City is now asking that the Relocation Agreement be amended so that the more desirable 2nd Avenue frontage be made available for sale as retail space. The Chamber of Commerce and the Old Library Site developer are in agreement with the change. A copy of the proposed Amendment is attached. Recommended Actlion: Approve Amendment No. 1 to the Chamber of Commerce Relocation and Public Parking Space Agreement. Submitted By: Diane Colonna Executive Director CHA.MSER OF COMMERCE RELOCATION AND PUBLIC PAR.IffNG SPACE AGREEMENT This Chamber of Commerce Relocation and Public Parking Space Agreement ("Agreement"} is made and entered into by and between the City of Delray Beach, Florida, a FIorida Municipal Corporation {"City"}, the Delray Beach Community Redevelopment Agency, a Florida Public Body Corporate and Politic pursuant to Section IG3.356 F.S. {"CR.A"); Old Library Development, LLC, a FIorida Limited Liability Company ("Purchaser"}, and the Greater Delray Beach Chamber of Commerce, Inc., a Florida not-for-profit corporation {"Chamber"). WHEREAS, CRA and Purchaser, simultaneously with the execution of this Agreement, have entered into a Purchase and Sale Agreement {hereinafter referred to as the "Purchase Agreeniaent"} for the purchase and subsequent develaprnent of the area known as the City of Delray Beach Old Library Site {"OId Library Site"}; and WHEREAS, the City is a third party beneficiary of the Purchase Agreement; and WHEREAS, pursuant to the terms and conditions of the Purchase Agreement, upon closing under the Purchase Agreement (the "Closing'.'}, Purchaser is ablzgated to relocatethe Chamber from its existing location within the OId Library Site to either a location within the riew development or to an alternative location which is mutually acceptable to the Purchaser, City, CRA, and Chamber; and WHERF..AS, the Purchase Agreement allows for an election as to the relocation of the Chamber of Commerce. By executing the Purchase Agreement, Purchaser hereby irrevocably elects to relocate the Chamber mot within the new development, but within the Old School Square Parking Garage located at the Southwest comer ofPineapple Grove Way and N. E. IS` Street, Delray Beach, Florida (the "OSS Garage"), hereinafter referred to as the "Relocation Premises", and the Chamber has consented to its relocation to the Relocation Premises; and WHEREAS, this Agreement sets forth the terrns, conditions, and obligations ofthe Purchaser to relocate the Chamber to the OS5 Garage; and WHEREAS, Purchaser has agreed ~ tv enter into a Parking Facility Easement Agreement ("PFEA"}; and WHEREAS, the City and CRA will enter into an lnterlocal Agreement which provides for the City to sell to the CRA certain land owned by the City within the Old Library Site {the "lnterlocal Agreerr~ent:}. NOW THpRFFORE, in consideration ofthe mutual agreements and upon and subject to the terms and conditions herein contained, the parties hereto agree as follows: Page 1 of 13 1. The recitals and elections. set forth above are hereby incorporated as if fully set forth herein. 2. To the extent they are not inconsistent with the terms and conditions stated in this Agreement, the parties hereto incorporate by reference herein the definitions contained in the Purchase Agreement. In the event there is any conflict between the terms and conditions in this Agreement and the Purchase Agreement with respect to the relocation of the Chamber, the construction ofthelnteriorBuild Out, the Parking Facility Easement Agreement, andthe Purchaser's obligation to provide the City with the public pailcing spaces as described herein, the terms and conditions of this Agreement shall control. 3. The Relocation Premises consist of Unit 2 of the Old School Square Garage Condominium, as shown in the attached Exhibit "A" which is made a part hereof. For the purposes of this Agreement, the Relocation Premises consisf of approximately six thousand three hundred nine (6,04) gross square feet. The City and Chamber hereby consent to the relocation of the Chamber to the Relocation Prerises. Notwithstanding anything to the contrary contained herein, if Unit I of the Old School Square Garage Condominium is available for the relocation of the Chamber, the Chamber, at its option, may elect to relocate to Unut 1 and upon such election, Unit 1 shat! be substituted as the "Relocation Premises'" under this Agreerrfent. The Chamber may exercise its option by delivering written notice of such election to CRA, City, and the Purchaser not less than sixty (50) days prior to-the closing of the Purchase and :Sale Agreement. 4. The City (or other erffity or a contractor ofl its behalf] shall complete shell construction of the Relocation Premises as conjunction with the completion of the OS S Garage to a "rough shell finish" to include storefront, exterior doors and flames, fire sprinkler system, and main. connections for plumbing, electrical and znechanicai systems and a fire rated demising wall which steal! separate the Relocation Premiss from the adjacent retail space and shall otherwise be completed iII accordance with the City approved Plans and Specifications dated 1Vlareh 8, 2006, FrojectNo. 2004-044 by PGAL. The interior shall be otherwise unfinished consisting ofa dirt flnor and exposed concrete T beam. For the gurpo se of this Agreement, it is agreed that the City's cast of construction of the Relocation Premises is Ninety Dollars ($90.00) per square foot or Five Hundred Sixty-Seven Thousand Eight Hundred Ten Dollars ($56T,$10.00}. The City shall be reimbursed this sum by Purchaser at Closing, in the foam of a local cashier's check or wire transfer. 5. Purchaser shall cause a Florida licensed general contractor ("Contractor"}, at the sole cost and expense of Purchaser, up to fhe amount of the Interior Build-Out Allowance as defined below, to construct the interior build~out of the new offices for the Chamber at the Relocation Premises ("Interior Build-Out") in accordance with the plans and specif cations of the Chamber as .approved, in writing, by Purchaser, which approval shall not be unreasonably withheld, conditioned or delayed. Purchaser's architect shall prepare the Chamber's plans and specifications at Purchaser's sole cast and expense which shall be allocated from the Build-Out Allowance. The Contractor's fee shall be approved by the Chamber but allocated from the Build-Out Allowance. The plans. and specifications shall be approved by the City, which approval shall not be unreasonably withheld, Page 2 of 13 conditioned or delayed .The Chamber shall have an TnteriorBuild-Out allowance fmm the Purchaser of Seventy-Five Dollars ($75.00) per square foot ar atotai ofFour Hundred Seventy-Three Thousand Qne Hundred Seventy-Five Dollars ($473,175.Oa) ("Build-out Allowance"). Any excess costs of the Interior Build-out shall be paid by the Chamber. a. The Contractor shall be subject to the City's and Chamber's approval, which shall not be unreasonably withheld, conditioned or delayed. The Contractor shall construct the interior Build-Out pursuant to the terms of a construction contract ("Construction Corrttract"'). The form and content of the Construction Contract shall be in standard industry form (AIA or similar) for the same or similar construction kind and commercially reasonable, consistent with industry standards and shall be subject to the City's and Chamber's approval whi ch shall not be unreasonably withheld conditioned or delayed. At minimum, the Construction Contract shall contain the following material terms: 1. Contractor's warranty of its labor, material and services required to effectuate the Interior Build-out pursuant to the Chamber's pleas and specifications ("Work"s shall inure to the benefit of and be assigned to the Chamber who shall be an express third party beneficiary of the Contractor's warranty. The Chamber agrees. that the City shall not be liable to the Chamber in connection with the Interior Build-Out or any past-completion claim by Chamber relating to the Contractor's Work. 2. Contractor shall bear the zisk of loss in the event any Work must be redone as a result of inclement weather. 3. All materials shall be new and delivered to the jab site by the Contractor. Ail Work shall bedone in anon-negligent and good and worl~anlike mamxer. The Contractor shall adhere to aay manufacturer"s instructions far use of the materials and for all methods of application., and shall comply with all applicable governmental rules, codes. and laws. 4. T'he Contractor shall within the scope of Contractor's warranty obligations and within a reasonable time from receipt of written notice (subject to force majeure) correct all Work, including services, Iabor, and materials, which is defective or which fails to canforbn to the Gonstruction Contract whether observed before or after completion of the Work and whether or not t'abricated, installed or completed by Contractor. The Contractor shall bear all casts of correcting such defective Work. If the Contractor fails to correct defective Wark or consistently fails to carry out the Work in accordance with the Construction Contract, the City nnay order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. 5. The Contractor shall supervise and direct the Work, using: commercially reasonable efforts. The Contractor shall be solely responsible far alI Page 3 of 13 means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Construction Contract. 5. The Contractor shall be responsible to the City far the acts and omissions of its employees, sub-contractors, and eix agents and employees, and other persons performing any of the Work under ~e Construction Contract. 7_ The Contractor Shall provide as part of the contract price all labor, materials, equipment, tools, construction equipment and. machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work. To the extent available, City shall provide water, electric and utilities during construction. 8. The Contractor shall warrant to the City and the Chamber that all materials and equipment furnished will be new grid will be of good quality, free froze fault and defects and in conformance with theChaznber's plans and specifications of the Interior Build-Qut. All Work not conforzxiing to these requirements, including- substitutions not properly approved and authorized, may be considered defective. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of°materials and equipment. 9. ~ The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof. i0. The Contra~etor shall secure az~d pay, al] governmental permits, fees, licenses, and inspections necessary for the proper execution and completion of the Work. I I . The Contractor shall give all required notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing an the performance of the Work, including without limitation,. F. S. § 25SA5. ' 12. The Contractor shall at aII times keep the Relocation Premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, it shall remove all its waste rnateiials and rubbish from and about the Relocation Premises as well as all its tools, construction equipment, machinery and surplus materials. IF the Contiractar fails to clean up after completion of the Work, the City, after five (5) days written notice to Contractor and Purchaser, may do so and the .cast thereof shall be charged to Purchaser. City will permit the placement of a dumpster within the immediate vicinity of the Relocation Premises for the removal of trash and debris during construction. l3. To the fullest extent permitted by Iaw, and for additional Page 4 of l3 consideration of One Hundred Dollars ($X00.00), the Contractor shaII indemnify and hold harmless the City and its agents, employees, commissioners, and representatives from and against all claims, damages, lasses and expenses, including but not limited to attorney's fees, arising out of yr resulting from the performance of the Work, including damage, loss or injury to person and property which i.s caused in whole or in part by any negligence or intentional act or omission of flee Contractox, any sub-contractor, anyone directly or indirectly employed or retained by any of Chem ar any one for whose acts any of them may be liable. a Z4. The Contractor shall be required to procure insurance for its employees, vehicles and equipment with respect to liability and workers' compensation coverage (as required by the State of Florida); cornzr-erciai general liability insurance, which must be at least Three Million Dollars ($3,0(30,000.00) per occurrence, combined single limits; and auto liability insurance, which must be at least Five Hundred'Thousand Dollars ($5(?p,000.00) per occurrence, combined single limits. Contractor-shall provide property damage insurance up to the replacement cost of materials and name the City and Chamber as loss payees as their interests may appear: Contractor shall furnish certificates of insurance far all required insurances that must be current and correct; and delivered to the City and Purchaser before any Work is performed. 15. Contractor may subcontract any duties or obligations under the Construction Contract provided such duties or obligations are se~bcontraeted with a duly licensed subcatttractor. 16. The Contractor shall achieve substantial completion of fhe Work oat later than one hundred iwenfy {1~Q) days after the date of commencement of the Work. The Work shall commence within forty-five (45) days after the Closing. i 17, Contractor shall assign, when assignable, all sub-contractor and manufacturer warranties to Chamber. Contractor shall warrant and guarantee that the Work shall be free from defects in materials or workmanship for a period of one (.[} year from the date of completion of the Work. During the applicable one (1) year warranty period, in the event any of the Work is defective (and the defective nature of the Work is not caused, in whole or in part, by any act yr omission ofthe Chamber ar its employees, agents or ~ invitees j, the Contra~ctar shall repair or replace the defective Work at Contractor's cost, within fifteen (i5j days of the Contractor's receipt of written notice by the Chamber to the Contractor of the defect, unless the defect is of such a nature as to require the Contractor to correct the defect immediately, in which event; corrections shall be made immediately. The Contractor's one (I) year warranty shall be assigned to the Chamber upon the caxnpletaon of the Work. The Contractor shall disclaim any other warranty of whatsoever kind, type, nature, description or chacterization whether express or implied. . Page S of 13 ]. S. Contractor shall obtain, at the sole cost and expense of the Purchaser, a payment and 'performance band in at least the amount of Four Hundred Seventy Three Thousand One Hundred Seventy-Five and no/100ihs Dollars ($473,1.75.00)before commencing any Work under the Constriction Contract. Tlxe bond shall be executed by a surety insurer authorized to do Business in -the State of Florida and reasonably satisfactory in form and content to the City's counsel, and shall be conditioned that the Contractor shall timely and prope£ly perform all labor, materials, and services under the Construction Contract and promptly making payments to all persons defined in F. S. §713.01 who furnish labor, services or materials for the prosecution of the Work, 'The City shall be named as an additional obligee. The Contractor shall provide the original payment ar<d'perforrnance bond to City Hat less than ten (10) days prior to commencing any Work by Contractor. The payment and performance band shall provide that if the Contractor defaults or fails to complete the obligations Hader the Construction Contract, the surety can complete the Work or shall pay to the City. damages ap to the limit of such bond. 19. Within five (5) days after the date of the executi on of the Construction Contract, and receipt of applicable plans and specifications approved as provided herein, the Contractor shall apply for the issuance of a!1 necessary building permits and shall use due diligence in obtaining same. b. Purchaser hereby unconditionally and irrevocably guarantees to City, its respective successors, and assigns, the timely performance of alI obligations of Contractor under the Construction Contract, if any of such obligations of Contractor are not complied with, in any respect whatsoever, and without the. necessity of any notice from City to Purchaser, Purchaser agrees to (i) assume all responsibility for the timely completion of the construction of the ~n'terior Build-Out at Purchaser's sole cost and expense; and (ii) pay all bills in connection with the interior Build-Out construction. Purchaser shall indemnify and hold City harmless from any and all loss, cost, liability or expense that City may suffer by reason of any Contractor's Han-compliance, Purchaser's guaranty is an absolute, irrevocable and unconditional guaranty of payment and performance. Purchaser shall be liable for the payment and performance of the Contractor as a primary obligor, This guaranty shall be effective as a waiver of, and Purchaser hereby expressly waives, any and all rights tQ which Purchaser may otherwise have been entitled under any strretyship~laws in effectfrom time to time, including any right or privilege, whether existing under statute, at law or in equity, to require City to talcs prior recourse or proceedings against the Contractor. Notwithstandinganything to the contrary contained in this sub-paragraph (5)(b}, the liability of Purchaser under the foregoing guaranty shall not exceed the sum of Four Hundred Seventy-Three ThQUSand Ode Hundred Seventy- Five and na/100ths Dollars ($473,175.00). ' 6. At Closing, Purchaser shall pay to the Chamber an amount equal to all of the reasonable and actual rnaving costs and expenses associated with the relocation of the Chamber offices to the Relocation Premises. Payment shall be made in the form of a local cashier's check or wire transfer. in the event the exact amount of such expenses is not lrnown as of the Closing date, the amount shall be based. upon written estirr~ates the Chamber has received as of the date of Closing, Page 6 of 13 and the estimated amount shall be paid to the Chamber. After the Chamber has relocated to the Relocation Premuses, if the actual amount of such expenses is different from the estimated amount, the Chamber or Purchaser may make written demand upon the other for reimbursement or additional payment, as the case maybe, and such reimbursement or additional payment shall be made within f fteen {l 5) days after written demand therefor. In no event shall Purchaser be responsible to pay in excess of Seven Thousand Five Hundred Dollars ($7,500.00) for the. forgoing casts arad expenses. 7. In connection with the relocation of the Chamber to the Relocation Premises and in consideration of the Chamber accepting approximately 6,309 gross. square feet in the Relocation Prezises, in addition to all other sums to be paid by Purchaser hereunder, Purchaser shall also pay to the Chamber at Closing the sum of. Seven Thousand Five Hundred Dollars ($7,500.00) in the form of a Iocal cashier's check or wire transfer. 8. At the time the City conveys its land to the CRA pursuant to the terms of the Interloca! Agreement, the City shall assign to the CRA and the CRA shall assume the Lease ("Chamber Lease's between the City and the Chamber. The CRA shall assign the Lease to the Purchaser and the Purchaser shall assume the Lease, as Landlord, upon the conveyance of the City land by the CRA to the Purchaser, and the Purchasez shall be the landlord under the Lease until the Chamber is relocated to the Relocation Premises. The Lease shall remain in effect without modification after it is assigned and assumed by the CR.A and the P~rrehaser, respectively, until the Chamber relocates to the Relocation Premises, Upon relocation by the Chamber to the Relocation Prenuses, the Purchaser shall assign the Lease to the City and the. City shall re-assume the Lease. Upon relocation by the Chamber to the Relocation Premises, the Chamber Lease shall continue for the remainder of its term, however, the leased premises shall be located at the Relocation Premises. The Chazxtber Lease shall be amended to reflect that the ReIacatia,n Premises has been substituted for the current Chamber o#lices adjacent to the Old Library Site, and such other changes that are mutually acceptable to the City and the Cl~arnber which shall be set Earth in a document entitled "Lease Madif cation Agreement". The Lease Modification Agreement must be signed prior to CIosing and as a condition to Purchaser's obligation hereunder and must contain a provision indicating that the ChaAaber (and any occupant holding an interest under the Chamber) relinquishes its leasehold interest to the Old Library Site property, and that the Chamber shall move from the Old Library Site property to the Relocation Premises within Fifteen (15) days after the Certificate of Occupancy for the Interior Build-Out. The Chamber shall also be required to remove any subtenanit or other occupant from the premises at the Old Library Site Property prior to the relocation to the Relocation Premises. In the event the CRA exercises it right to repurchase under the Purchase and Sale Agreement, the Purchaser shalt re-assign the Lease to the CRA at the same time the Purchaser reconveys the Old Library Site Froperty to the CRA. 9. In connection with the relocation of the Chamber to the Relocation Premises, the CRA shall pay to the City, at Closing, the difference between the cost of the Relocation Premises to paid by Purchaser {Ninety Dollars ($90.40) per square foot }, plus the agreed value of Purchaser's cost. of the Interior Build-Out of the Relocation Premises{Seventy-Five Dollars ($75.04) per square foot), and the fair market value of the Relocation Premises of Two .Hundred Fifteen Dollars Page 7 of 13 ($215.00) per square foot) {as was determined by the Appraisal of Anderson and Carr, Inc. dated July 18, 2008}. This difference amount is hereinafter referred to as the "CRA Consideration". The CRA Consideration is~ Fifty Dollars ($50.00) per square foot (Two Hundred Fifteen Dollars ($215.00) minus One Hundred Sixty-Five Dollars ($165.Q0) for atotal payment by the CRA to the City ofThree Hundred Fifteen Thousand Four Hundred Fifty Dollars ($315,450.00) (Six Thousand Three Hundred Nine {6,309) square feet times Fifty Dollars ($SO.QO) per square foot), which payment was approved by the CRA on September 20, 2008. 10. The number aF public parking spaces under the RFP Submittal far the Old Library Site was Ninety (90}. However, P~uchaser shall provide Seventy (70}public parking spaces in light of the relocation afthe Chamber from the Praj ect to the OSS Garage. Purchaser shall pay to the City, at Closing, an amount to compensate the City for the twenty {20) public parking spaces at the rate of Fifteen Thousand Six Hundxed Daliars ($15,600.00) per space far a total of Three Hundred Twelve Thousand Dollars ($312,000.00} far the twenty (20) public parking spaces which shall be paid in the form of a local cashier's check or wire transfer. 11. LETTE OF CREDIT: At or prior to Closing, the Purchaser shall deliver to the City the following irrevocable standby letter of credit: (a) An irrevocable standby letter of credit in the amount of one million nine hundred sixty #hausand and na/100tlzs ($1,960,000.0{1) payable to the City in the event Purchaser fails to timely camglete the Parking Facility which includes the seventy (70) public parking spaces located therein pursuant to the PFEA. The farm and content of the ~nevocable standby letter of credit shall be reasonably satisfactory to the City's counsel and shall be issued. by an FDiC inswred local commercial bank. 12. PARKING FACILITY EASEMENT' AGREEMENT. The City and the Purchaser shall negotiate in good faith using commercially reasonable efforts, and then, na later than thirty {30} days after Site Plan Approval, enter into a parking facility easement agreement ("PFEA"), which shall provide, inter olio, for: (a} the operation and management of the Parking. Facility by the Purchaser or its afFiliate and which contains coznrnereially reasonable terms and provisions and which shall address, among other things, the use and maintenance of those parking spaces made available to the public; (b) that the cast ofmaintaining, operating and providing security with respect to the Parking Facility shall be shared by the City (or CR.A) and Purchaser pro-rata based upon the proportion that the number of parking spaces made available tQ the public bears to the total number of Barking spaces in the Parking Facility; and {c) the creation of an easement in favor of the City far the seventy {70) parkizrg spaces made available to the public and far ingress and egress to the public parking spaces. 13. The following conditions precedent, among others which are described in this Agreement ax the Purchase Agreement, shall be satisfied before C}tA is obligated to close the Purchase Agreement: Page 8 of 13 a. The plans and specifications far fhe Interior Build put shall be approved by the Chamber and City, which approval shall not be unreasonably withheld, conditioned or delayed; b. The Contractor shall be approved by the Chamber, which approval shall not be unreasonably withheld, conditioned or delayed; a The Construction Contract shall be approved by the Chamber, vc+hich approval shall not be unreasonably withheld; condirioned or delayed; d. All applicable building permits shall be issued for fihe Interior Build-Out; e. The payment and performance band and certificates of insurance required by the Gonstruetion Contract shall be issued and delivered to the City; f. The irrevocable standby letter of credit for the seventy {70} public parking spaces shalt be issued and delivered to the City; and g. The PFEA has been executed by City and Purchaser.. 14. During constriction ofthe Project by Purchaser, until the Chamberhas beea relocated to the Reloca#ion Premises after the Interior Build-Out has been completed by Purchaser, the Purchaser shall screen and protect the existing Chamber leased premises and parking area at the Old Library Site so that the Chamber may continue to operate its business without unreasonable interference from the Purchaser's Project construction activities. I5. NO MERGER. All warranties, representations, covenants, terms and conditions herein contained which are intended to survive the Closing,. shall not merge with the Deeds. 16. N_ OTTCE, Except as otherwise provided herein, all written agtices shall be effective upon the actual receipt or first refusal of the addressee to accept delivery after having been seat by reputable overflight delivery service ar by certified mail, postage prepaid, return receipt requested, to the fallowing addressees: SELLER: Delray Beach Coxxtmunity Redevelopment Agency 2.0 North Swinton Aveaue Delray Beach, Florida 33444 Attn: Diane Calonna, Executive Director With Copy to: Donald J. Doody, Esquire GOREN, CHERaF, DOODY ~ EZROL, P.A. 3U94 East Commercial Boulevard, Spite 200 Fart Lauderdale, Florida 33308 Telephone: (954} 771-4500 Fax: {954) 771-492 Page 9 of 13 PURCHASER: Old Library Development LLC clo Coastal Design & Development Group Attu: Louis J, Carbone 90 S. E. 4'~ Avenue, Suite 1 Delray Beach, Florida 33483 Telephone: (561) 272-3419 Fax: (S61} 272-6013 With a Copy to: Michael I. Kotler, Esquire Schwartz, Gold, Cohen, Zakarin and Kotler, F.A. 54 8W Boca Ratan Boulevard Boca Raton, Florida 33432 Telephone: (561) 361-9600 Fax; (56l) 361-9770 Richard H. Critchfeld, Esquire i 001 East Atlantic Avenue, Suite 20 l Delray Beach, Florida 33483 (561} 379-0322 {551) 379-0334 ESCROW AGENT: GOREN, CHEROF, DOQDY & EZRQL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort I;auderdaIe, Florida 33308 Telephone: (954} 771-4500 Fax: (954) 771-4923 CITY: Susan Ruby,. Esq. City Attorney . City of Delray Beach 200 N. W. 1 ~ Avenue Delray Beach, Florida 33444 With a Copyto: Steven D. Rubin, Esq. 980 North Federal Highway, Suite 434 Boca Raton, Florida 33432 Telephone: (561) 391-7992 Fax: (561) 347-0828 CHAMBER: Mr. Bill Woad Greater Delray Beach Chamber of Commerce, Inc. 64 S. E. Fzfth Avenue Delray Beach, Florida 33483 Page 10 of 13 l7. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida. 18. NODAL CHANGE. 'T'his Agreement may not be changed or amended orally. 1.9. SUCCESSORSINO ASSIGNMENT. This Agreement shall bind and inure to the adrrFinistrators, executors, successors and assigns of the parties hereto, respectively. Purchaser shall oat assign this Agreement. 2Q. COUNTERPARTS: This Agreement may be executed im two or more counterparts,each of which shall be and shall he taken to be an origizaal and all collectively deemed one ins#rument. The parties hereto agree that a facsunile copy hereof and any signatures hereon shall be considered for all purposes as originals 21. COOPERATION: City and CRA shall reasonably cooperate with Purchaser and its agents and professional advisors in connection with the processing of applications and required permits, and shall sign any application reasonably made by Purchaser that is required in order to obtain such permits and approvals and shall provide Purchaser with any information and/or documentation not atherwisexeasonably available to Purchaser {if available to City and CRA and provision is not prohibited by law) vc~hich is necessary to procure such permits and appmva[s. Any such accommodation by City or CRA shall be without prejudice to, and shall oat constihrte a [knit on, impairment or waiver o~ ar other~nvise affect City's or CRA's .respective rights to exercise their discretion in connecdnn with-its governmental or quasi-governmental functions. 22. CROS S DEFAULT. In addition to Purchaser's obligation to perform this Agreement, a material breach by Purchaser of the Purchase Agreement not cured within any applicable grace or cure period and not occasioned by the failure of the CRA to fully perform, abide by axed comply with each of the stipulations, agreements, conditions axed covenants contained and set forth in the Purchase Agreement, shall also constitute a material breach by Purchaser of this Agreement. 23. City hereby warrants to Purchaser, fax a period of time commencing with the Purchaser's commencement of construction of the Interior Build-Out and expiring on the later of one {1}year after floe Interior Build-Out canslruetion has beers completed ar sixteen (16) months after the Closing of the Purchase and Sale Agreement between Cl2A and Purchaser, that the 12elocation Prexruises are watertight and structurally sound and are constructed in accordance with the plans and specifications prepared by PEAL, under lob Number 20Q4-D44, dated March 8, 2045, and irr accordance wtih all applicable building codes'and laws. 24. CITY GovERNMENTAL FUNCTIONS. Notwithstanding anything to the contrary contained in this Agreement: a. Ever though the City has certain contractual obligations under this Agreement, such obligations shall not relieve any person subject to this Agreement frarYr complying with all :applicable governrnenta] regulations, rules, laws, and ordinances; Page 11 of 13 b. Ta the extent approval orpertnission rnvst be obtained from the City, such approval or permi ssion shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and by entering into this Agreement, the City does not waive any of its governmental orquasi-governmental fimctzans or police powers; • c. The City has not waived its sovereign immunity; and d. Any action by City shall be without pre,~udice to, and shall not constitute a liu~it on, impairment or waiver of, or otherwise affect City's tight to exercise its. discretion izz connection with the exercise ofits governmental or quasi- . governmental, fiwctions. IN VV~TNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below: WITNESS; r ,~S Witness Witness PiTRCHASIr;R: OLD- LIBRARY , a a invite pan B.' Ti e• Date. z.I Z ~ , 2008 CRA: DELRAY BEACH COMMUNTiTY REDEVELOPMENT AGENCY By: ~ •~/. fir/ Title: p Witness Witness ~ c.,~ o/~ Witness ____ A ed as to farm and egal su i ier~cy: Page 2 of 13 gy; ity Attorney D~t~: ,zoos crrY Cl ELRA,Y BEACH Rita Elli ,Mayor Date: , 2pQ$ tteste by: . . (Municipal Seal) Printed Name CHAMBER: GREATER DET.RAY' BEACH CHAMBER OE ss COMMERCE, INC. r3~C~ --~ Witness By: Title: Date: 20U8 Page l3 of l3 OLd SCHQQL SQI~ARE GARAGE GONDOMIMIUM St r LIMITS OF UNITS N NORTH zv 1$ 1C 5' 0 10' Z[l' GRAPHIC SCALE iN FEET NOTE= 015TANCES SHOWN HEREON W1=1~E DERiV@D FROM ARCHITECTURE PLANS PREPARED SY PGAI. ARCkITECTURE UNDER PGAL PROJECT NQ 718-040'EA.tlO, DATE OF 15511E 4112/D6. TMi=SE ~ DISTANCES WERE FIELb VERIFIED 1QI15/p7 UN(]ER lN.p. 153.1 i0 AND SAID DISTANCES WERE FOUND TO BE WITHIN t7.2t' OF THE DIMENSFONING SHOWN HEREON `' ~' ® INDICATES SERVICE CORREDOEi E _ ~~'' ASEMENT AREA O INDICATES LOCATEON OF THE ELE1tATION AT THE aoTTOM .,,,, . oF'THE STRUCTURAL SEAM WITwN m~ uNrr, ser= vERr1cAL BOUNDARY SHEET B OF 1 t} snluarupAt- " `'~ ate' ~~ N ^ 2Sp' $ x.OC$`~ 2AP m ~ ~ ~ ~ 3 sr~ ~~~ :~ ~6~r o C A Z a ~ ~ "` ~ ~~ ~~ ~~ ~~ p ~ ~ ~~ a lade gp,pa ZE.41' I'~ = H~~r a W~a~er a~ S~ereme#~, inc. _ . Engineers ... &urveyors and Mappers ~""-~--. 310 l~,E.1al BYeeE guile 417ap,.y Baad~ F~eidn 33183 LLwn'noe~,w (yB1)a1g.~00.gg~ 1581}~-Far AMENDMENT N0.1 TO THE CHAMBER OF COMMERGE RELOCATION AND PUBLIC PARKING SPACE AGREEMENT TH1S AMENDMENT NO. 1 to the CHAMBER OF COMMERCE RELOCATION AND PUBLIC PARKING SPACE AGREEMENT (Agreement) dated February 21, 2008 is hereby amended this day of , 2008. WITNESSETH: WHEREAS, THE CITY OF DELRAY BEACH {CITY}, THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY {CRA), OLD LIBRARY DEVELOPMENT, LLC {PURCHASER} and THE GREATER DELRAY BEACH CHAMBER OF COMMERCE, INC., {CHAMBER) entered into an Agreement dated February 21, 2008; and WHEREAS, the parties wish to amend the Agreement to modify the location and square footage of the Chamber space. NOW, THEREFORE; the parties hereto in consideration of the covenants contained agree as follows: 1. Recitals. The recitals se# forth above are- hereby incorporated as if fully set forth herein. 2. Modification. The original Agreement sets forth the square footage and location of the Chamber space. The parties desire to relocate and amend the square footage of the Chamber space. Exhibit "A" to the original Agreement shall be replaced by Revised Exhibit "A" attached to this Amendment No. 1. Notwithstanding the revision to the location and square footage of the Chamber space, all calculations contained AMENDMENT N0.1 TO THE CHAMBER OF COMMERCE RELOCATION AND PUBLIC PARKING SPACE AGREEMENT THIS AMENDMENT NO. 1 to the CHAMBER OF COMMERCE RELOCATION AND PUBLIC PARKING SPACE .AGREEMENT (Agreement} dated February 21, 2008 is hereby amended this day of , 2008. WITNES-SETH: WHEREAS,. THE CITY OF DELRAY BEACH (CITY), THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA}, OLD LIBRARY DEVELOPMENT,. LLC (PURCHASER} and THE GREATER DELRAY BEACH CHAMBER OF COMMERCE, INC., (CHAMBER) entered into an Agreement dated February 21, 2008; and WHEREAS, the parties wish to amend the Agreement to modify the location and square footage of the Chamber space. NOW, THEREFORE, the parties hereto in consideration of the covenants contained agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated as if fully set forth herein. 2. Modification. The original Agreement sets forth the square footage and location of the Chamber space. The parties desire. to relocate and amend the square footage of the Chamber space. Exhibit "A" to the original Agreement shall be replaced by Revised Exhibit "A" attached to this Amendment No. 1. Notwithstanding the revision to the location and square footage of the Chamber space, all calculations contained within the original Agreement shall apply and shall be the same as if the square footage and relocation of the Chamber were not changed, provided the square footage does not exceed 6,309 sq. feet. 3. Entire Agreement. Except as expressly modified by this Amendment No. ~, all the terms and conditions of the original agreement shall remain in full force and effect. 1N WITNESS WHEREQF, the .parties have caused this Agreement to be duty executed on the date written above. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Witness Witness CITY: CITY OF DELRAY BEACH, FLORIDA By: Mayor Date: CRA: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: _ Title: Date: 2 PURCHASER; Witness Witness Witness Witness OLD LIBRARY DEVELOPMENT, LLC A Florida limited liability company By; Title: Date: CHAMBER: GREATER DELRAY BEACH CHAMBER OF COMMERCE, INC. By: Title: Date: 3 REVISED EgHIBIT nA" OLD SCHOOL SQUARE GARAGiE coxDO-w-nr~u~ A PORTION OF TRACT 'A', OLDS"CHOOL SQUARE GARAGI= AND PARK SITE (PLAT BOOK 111, PAGE 46) BEING IN SECTION 16, TOWNSHIP 48 50U7H, RANGE 43' FAST, CITY OF DELRAY $E.4CH, PALhh BEACH COUNTY, FLORIDA ~~~ N NORTH 2IF 15 10 5 4 10 20 GRAPHIC SCALE IN FEET RETAIL NORTHWEST CONDOMINIUM 6189 S.F. ~ t _~ __ DETAIL "A" ~ `~ -, scALE 1°-10' - - - - - - ~~ SEE DETAIL "A'~ ~r - - t --~ l ~. ~~ RETAIL NORTHEAST CONDOM-NI UM 70289 S.F. =~ :° ~ Heber - V~leaver aid S~ereme~a, i~c, ~~. ~; "~ Engineers ... Surveyors and Mappers plEClcloev: u.tAnlc 3i0: S.E. isl 5hreei, Suite A Delray Beech, Fkrida 33483 ~~;. 2 OF 4 ~• ~- p (561) 2+1.3-6700 - ?lwne I56t1243$77T - Faz Fn F Wo. 137-ti79R ~ i 7 QS? Page 1 of 1 Ruby, Susan From: LJClegai{c~aol.com Sent: Manday, November 03, 2Q08 6:13 PM Ta: Ruby, Susan Cc: mkotler@sgczklaw.com Subjec#: Re: FW: Amendment No. 1 to the Chamber o~ Commerce Refocatian and Public Park... Susan, Sorry !could no# get back to you #oday. The Amendment is acceptable and we are in agreemen# with respect to this mater. Louis Louis J. Carbone Managing Member Coastal Design & Development Gxoup 90 SE 4th Aveaue Suite 1 Delrap Beach, Florida 334$3 Tel. 561-272-3419 Fax 561-272-G013 E-mail: LJC.(a~Coas...talDev....com www.CoastalDev.com Plan your next getaway with AOL Travel. Cheek out Today's Hat 5 Travel Deals! 11/612008 Page 1 of 1 Ruby, Susan From: Harden, David S®nt: Illlonday, October 20, 2008.5:13 PM To: Ruby, Susan Cc: Hasko, Richard;'Ingrid Kennemer';'Bill Wood' Subject: RE: OSS retail space OK From: Ruby, Susan Sent: Monday, October 20, 2008 4:23 PM To: Harden, David Cc: Haslco, Richard; 'Ingrid Kennemer; 'Bill Wood' Subject: 055 retail space I had a meeting with Richard Hasko, Bill Wood, Francisco Perez, and .Ingrid Kennemer regarding the proper layout of the Chamber space. In order to meet up with walls the Chamber agrees to occupy 6189 s. f at the North wes# corner of the garage so long as Louis's group pays them a build out fee based on fi, 3a9 sq. feet and the Chamber can license the entire storage space. Ingrid has stated that no one is interested in the storage space. If this is acceptable o you I will work on revising the CRA, City and old library development agreement as it pertains to the 63p9 s.f. build out. Susan .~1,. Ruby City Attorney 244 N.W. 1st Avenue Delray Beach, FL 33444 telephone: 561-243-7091 facsimile: 561-278-4755 email: rubyc~ci.delray-beach.fl.us 10121!240$ MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: November 11, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 REVISED INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DROWNING PREVENTION COALITION ITEM BEFORE COMMISSION Request approval to renew the Interlocal Agreement with Palm Beach County for reimbursement of swimming lessons not to exceed $50.00 per class. BACKGROUND This agreement was submitted on September 3, 2008 and approved by City Commission. Parks and Recreation Department is resubmitting a new agreement with changes to Exhibit "A". The specific dates for the swim lessons were not presented in the original exhibit. Palm Beach County requires the swimming lesson dates in order to execute this agreement. See revised Exhibit "A". The County through its Drowning Prevention Coalition's ("DPC") Learn to Swim Program, distributes vouchers to the public whch may be redeemed for swimming lessons at Pompey Park Pool and Delray Swim and Tennis. RECOMMENDATION Parks and Recreation Department recommeds approval of the Interlocal Agreement with Drowning Prevention Coalition's Learn to Swim Program. INTERLOCAL AGREEMENT FOR SWIMMING LESSONS This Agreement is made as of the „ daY of , 200, by and between Palm Beach County, a Political Subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY, and the City of Delray Beach, a. Florida municipal corporation located in Palm Beach County, Florida.(hereinafterrcferred to as "MUNICIPALITY"). WHEREAS, COUNTY, through its Drowning Prevention Coalition's ("DPC") Learn to Swim Program, distributes vouchers to the public which may be redeemed far swimming lessons at designated aquatic facilities within Palm Beach County; and WHEREAS, the parties desire to enter into this Agreement far MUNICIPALITY to provide swimming lessons as part of the DPC Learn to Swim Pragram, and to define the parties' responsibilities relating thereto. WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Aet of 1969," authorizes local governments to make the mast efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the COUNTY and the MUNICIPALITY agree as follows: ARTICLE X -SERVICES MUNTCIPAI.,ITY shall offer and provide swimming lesson classes to individuals who present vouchers issued by the DPC Learn to Swim Program. Each class to be offered and provided shall consist of a series of at least six swimming lessons and shall be identified in Exhibit A, attached hereto and incorporated herein. Exhibit A shall set forth the name, type, swimming level, dates, location, minimum participation requirements, if any, and MUNICIPALTTY's usual and customary fee for each class. MUNICIPALITY shall not charge voucher holders far any swim class for which MUNICIPALITY's usual and customary fee is $50.00 or less. If MUNICIPALITY's usual and customary fee for a swim class is more than $50.00, then the maximum fee that MUNICIPALITY may charge voucher holders for said class is its usual and customary fee minus $50.00. Said classes may be open to the public and are not restricted to voucher holders. The swimming lesson classes shall be provided at MUNICIPALITY'S aquatic facility. MUNICIPALITY agrees to provide and maintain its facility in a safe, clean and hygienic manner and in accordance with all safety and health standards and all other applicable"laws and regulations. MUNICIPALITY agrees to provide and maintain in proper working order ail equipment necessary to provide and maintain the services and facility as provided herein. MUNICIPALTTY represents and 1 warrants that its aquatic facility is in compliance, and shall continue to be in compliance, with Section 514.03I, Florida Statutes, all applicable rules and requirements of the State and County Health Departments, and all other applicable laws, rules and regulations, Frior to execution of this Agreement, MUNICIPALITY must provide to COUNTY copies of the facility's current operating permit and most~current inspection report, which must evidence a satisfactaty inspection. MUNICIPALITY shall perform the services set forth herein in accordance with all applicable laws, rules and regulations, and in a competent, professional, safe and responsible manner with full regard for the safety of the participants. MUNICIPALITY agrees and warrants that all swimming instructors utilized by MUNICIPALITY to provide lessons hereunder shall be certified as required by Section 514.0X, Florida Statutes, and any other applicable laws, rules and regulations. MUNICIPALITY shall provide proof of such certifications to COUNTY'S representative upon request. MUNICIPALITY represents and warrants that it has in place, and shall continue to maintain, adrug-free workplace policy. ARTICLE 2 -COMMENCEMENT AND TERM This Agreement shall commence on October I, 200$ and shall remain in effect until September 30, 2009. ARTICLE 3 -PAYMENTS T~_MUNICIPALITY A. For swimming classes provided by MUNTCIPALITY in exchange for DPC Learn to Swim Program vouchers, COUNTY shall pay MUNICIPALITY its usual and customary fee per class as set forth in Exhebit A hereto, up to a maximum of $50.00 per class series provided to a voucher holder. As provided in Resolution No. R-2005-1906, the fatal payments to all swimming lesson providers utilized in the DPC Learn to Swirra Program for each fiscal year shall not exceed the amount budgeted by COUNTY for this purpose for said fiscal year. B. MUNICIPALITY shall invoice COUNTY monthly based on the number of swimming lesson classes provided hereunder. Invoices shall include a list of the names and contact information of students to whom lessons were actually provided, the name, dates, and times of the classes provided, and any other documentation deez~n:ed necessary by COUNTY to verify that services have been rendered in conformity with this Agreement and any applicable DPC Learn to Swim Program criteria, policies and procedures. ARTICLE 4 -TERMINATION The COUNTY may terminate this Agreement at any time upon written notice to the MUNICIPALITY with or without cause and without penalty, damages or recourse against COUNTY. MUNICIPALITY may terminate this Agreement upon thirty days (30) days' prior written notice to the COUNTY. 2 ARTICLE S -PERSONNEL The MUNICIPALITY represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees afar have any contractual relationship with the COUNTY. Ali of the services required hereunder shall be performed by the MUNICIPALITY or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized and permitted under state and local law to perform such services. The MUNICIPALITY warrants that all services shah be performed by skilled and competent personnel to the highest professional standards in the field. ARTICLE b - SUI3CONTRACTiNG MUNICIPALITY may not, without written approval of COUNTY, subcontract any rights, responsibilities ar obligations under this Agreement. ARTICLE 7 -AVAILABILITY OF FUNllS The COUNTY'S performance under this Agreement far subsequent fiscal years is contingent upon annual appropriations for its purpose by the Board of County Commissioners and subject to the provisions of Paim Beach County Resolution No. R-2005-1906. The MUNICIPALITY'S performance under this Agreement for subsequent fiscal years is contingent upon annual appropriations for its purpose by its governing body. ARTICLE S - INS...URANCE Without waiving the right to sovereign immunity as provided by s.768.28,fs., MUNICIPALITY acknowledges to be self-insured far General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event MUNICIPALITY maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under s.768.28 fs, MUNICIPALITY shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury ar property damage. MUNICIPALITY agrees to maintain or to beself-insured for Worker's Compensation & Employer's Liability insurance in accordance with Chapter 440, Florida Statutes. When requested, MUNICIPALITY shall agree to provide an affidavit ar Certificate of Insurance 3 evidencing insurance, self-insurance andlar sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and obligations under this Agreement. ARTICLE 9 - INDEIVINIFICATION Each party shall be liable far its awn actions and negligence and, to the extent permitted by law, COUNTY shall indemnify, defend and hold harmless.MUNICIPALITY against any actions, claims ar damages arising out of COUNTY'S negligence in connection with this Agreement, and MUNICIPALITY shall indemnify, defend and bald harmless COUNTY against any actions, claims, or damages arising out of MUNICIPALITY'S negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 76$.2$, Florida Statutes, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other parry's negligent, willful ar intentional acts or omissions. ARTICLE i0 -SUCCESSORS AND ASSIGNS Neither party shall assign, delegate or otherwise transfer its rights and obligations as set Earth in this Agreement to any other entity without the prior written consent of the other party. ARTICLE 11 -REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement will be held in Palm Beach County. Na remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute ar otherwise. No single ar partial exercise by any party of any right, power, or remedy hereunder shall preclude any other ar further exercise thereof. No provision of this Agreement is intended to, ar shall be construed to, create any third-party beneficiary ar to provide any rights to any person or entity not a party to this Agreement. ARTICLE 12 -CONFLICT OF INTEREST The MUNICIPALITY represents that it presently has na interest and shall acquire no interest, either direct ar indirect, which would conflict in any manner with the performance of services required hereunder, as provided far in Chapter 112, Part III, Florida Statutes. The MUNICIPALITY further represents that no person having any such conflict of interest shall be employed for said performance of services. 4 The MUNICIPALITY shall promptly notify the COUNTY's representative, in writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other circumstance which may influence ar appear to influence the MUNICIPALITY 'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the MUNICIPALITY may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the MUNICIPALITY. The COUNTY agrees to notify the MUNICIPALITY of its opinion by certified mail within thirty (30) days of receipt of notification by the MUNICIPALITY. If, in the opinion of the COUNTY, the prospective business association,. interest or circumstance would not constitute a conflict of interest by the MUNICIPALITY, the COUNTY shall so state in the notification and the MUNICIPALITY shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the MUNICIPALITY under the terms of this Agreement. ARTICLE 13 -EXCUSABLE DELAYS MUNICIPALITY shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of MUNICIPALITY or its subcontractors and without their fault ar negligence. Such causes include, but are not limited to, acts of God, farce majeure, natural arpublic health emergencies, labor disputes, freight embargoes, and abnormally severe and unusual weather conditions. Upon MUNICIPALITY'S request, the COUNTY shall consider the facts and extent ofany failure to perform the work and, if the MUNICIPALITY 'S failure to perform was without its ar its subcontractors fault or negligence, the Agreement schedule andlar any other affected provision of this Agreement shall be revised accordingly, subject to the COUNTY'S rights to change, terminate, or stop any or all of the work at any time. ARTICLE 14 -ARREARS The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor ofpayment ar surety for any contract, debt, obligation, judgement, lien, or any farm of indebtedness. The MUNICIPALITY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE I S -PUBLIC RECORDS The MUNICIPALITY shall comply with p'lorida's Public Records Law with regard to any documents or other records relating to this Agreement. 5 ARTICLE 16 -INDEPENDENT CONTRACTOR RELATIONSHIP The MUNICIPALITY is, and shall be, in the performance of all work services and activities under this Agreement, an Independent Cantractor, and not an employee, agent, or servant of the COUNTY. All persons engaged in any ofte work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to .the MUNICIPALITY 'S sole direction, supervision, and control. The MUNICIPALITY shall exercise control aver the means and manner in which it and its employees perform the work, and in all respects the MUNICIPALITY'S relationship and the relationship of its employees to the COUNTY shall be that of an Independent Cantractor and not as employees or agents of the COUNTY. The MUNICIPALITY does not have the power or authority to bind the COUNTY in any promise, agreement or representation. ARTICLE 17 -CONTINGENT FEES The MUNICIPALITY warrants that it has net employed ar retained any company oi° person, other than a bona fide employee working solely for the MUNICIPALITY to solicit ar secure this Agreement and that it has not paid ar agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely far the MUNICIPALITY, any fee, commission, percentage, gift , or any other consideration contingent upon ar resulting from the award or making of this Agreement. ARTICLE 18 -ACCESS AND AUDITS The MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and casts incurred in estimating and performing the work for at least three (3) years after completion or termination of this Agreement, The COUNTY shall have access to such banks, retards, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the MUNICIPALITY'S place of business. ARTICLE 19 -NONDISCRIMINATION The MUNICIPALITY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 20 -AUTHORITY TO PRACTICE The MUNICIPALITY hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Praaf of such licenses and approvals shall be submitted to the COUNTY's representative upon request. 6 ARTICLE 21 - SEVERABILITY If any term or provisian of this Agreement, or the application thereof to any person ar circurr~stances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisian, to persons ar circumstances other than those as to which it is held invalid or unenforceable, sha11 not be affected, and every other term and provisian of this Agreement steal! be deemed valid and enforceable to the extent permitted by law. ARTICLE 2Z- PUBLIC ENTITY CRIMES As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and contractors who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 28'7.133(3)(a). ARTICLE 23 -SURVIVABILITY Any covenant, agreement, representation, warranty or other provision of this Agreement that is of a continuing nature or which by its language ar its nature imposes an obligation that extends beyond the term afthis Agreement, including but not limited to representations relating to indemnification and the disclosure ar ownership of documents, sha11 survive the expiration or early termination of this Agreement and the consummation of the transactions contemplated hereunder. ARTICLE 2~ - Nt?TICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to: Palm Beach County Fire-Rescue 50 South Military Trail, Suite 101 West Palm Beach, FL 33415 Attn: Fire-Rescue Administrator if sent to the MUNICIPALITY, notices shall be addressed to: City of Delray Beach Aquatics Operations 1101 NW 2"d Street Delray Beach, FL 33444 Attn: Nina Salomon, Aquatics Operations Supervisor 7 ARTICLE 25 -FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and far Palm Beach County. ARTICLE 2G -ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the MUNICIPALITY agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises ar understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement tray be added to, modified, superseded ar otherwise altered unless agreed to in writing by both parties. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns and successors in interest. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the COUNTY, and MUNICIPALITY has hereunto set its hand the day and 'year above written. WITNESS Signature Name (type ar Print) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By County Attorney ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIEN Y I3y. / .~ City Attorney ~ ~ ~ ~ PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Herman W. Brice, Fire_Rescue Administrator, through Robert Weisman, County Administrator APPROVED AS TO TERMS AND CONDITIONS By Palm Beach County Fire-Rescue CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor S Revised Exhibit "A" Aquatics Division 11.01. NW 2nd Street C?elray Beach Florida 3349 Phone (551) 243 - 7358 Fax (561} 243 - 7346 E-Mail Salomon@d.delraybeach.fl.us On the Web www.mydelraybeach.eom s~~~~~, .x~y ~~LR^AY BEACM Parks ~S Recreatron ~"~:: ; Dfl_ioAY BEACH AI[-Amet°icaCity 1993 2001 To: Crowning Prevention Coalition of Palm Beach County Frain: Nina Soloman Aquatics Operations Supervisor Date: August 06, 2008 Details: 2009 Swim Lesson Courses; Descriptions, l=ees; lnstruGtaF 1 Student Ratl6 LOCati4nS: Delray Beach AquatlC5 DEViSion Pompey Park Pnol (PP} at 9101 NW 2nd Street Celray Beach, Fl 33444 Delray Swirn Club (flSC} at 2350 Jaeger Drive Delray Beach, Fl 33444 Swim lessons Ins#ructed: Fall swim lessons held during the month of October Session I {10!6108 - 10116108) and Session II {1 D12D/08 -10130ID8) Spring swim lessons held during the month of April Session I (3131 /09 - 411 0109) and Sessian ll (4114109 - 4/24/D9} Summer lessons held in the months of June and July Session I (612109 - 611 2109}; Sessian ii (6116109 - 6/261D9); Session 111 (717!09 - 711 7109} and Session IV (7129109 - 71391D9} Gourse: Parent $~ Child Aquatics 3.3:30pm PP & aSC Developed for children 6 months to 5 years of age, American Red Crass Parent & Child Aquatics builds swimming readiness by emphasizing fun in the water. Parents and children participate in several guided prat#ice sessions that help children learn elementary skills, including water entry, bubble blowing, front kicking, back floating, underwater explara#ian and mare. Once children can perform basic skills wi#hout parental assistance, they may begin Learn-ta-Swim courses. Gourse leng#h !fee and Twa weeks course; Tuesday -Friday for 112 hour instruction; Number enrolled : $25.00 per student; one instructor /ten s#udents Course: Level I 1fl-10:30am 110:30-11am DSC; 3:30-4pm 14-4:30pm PP {5yrs ~-} Introduction to Water Skills: helps students feel comfortable in the water and to enjoy the water safely. Course length 1 fee and Twa weeks course; Tuesday -Friday for 112 hour ins#ruction; Number enrolled: $25.00 per student; one instructor I six students. Gourse: Level Il 90-10:30am ! 10:30-11am DSC; 3:30-4pm 14-4:30pm PP (5yrs +} Fundamental Aquatic Skills: gives studen#s success with fundamental skills Course length 1 fee and Two weeks course; Tuesday -Friday far 112 hour instruction; Number enrolled: $25.00 per student; one instructor /SIX Students Gourse: Level lit 3:15-4pm PP &DSC (5yrs +) Stroke Development: builds on the skills in Level 2 by providing additional guided practice. Gourse length !fee and Two weeks course; Tuesday ~ Friday for forty-five min. instruction; Number enrolled: $25.00 per student; one ins#ruc#or / #en students. Gourse: Young Adult 3:15-4pm PP &DSC (12 yrs - 17 yrs in age) improves various swim skills from Level 1, ki & ill by providing additional guided practice. Course length i fee and Two weeks course; Tuesday -Friday for forty,five min. instruc#ion; Number enrolled: $25.00 per studen#; one instructor 1 ten students. Gourse: Adult 4.4:45pm PP &DSC {18 yrs +} improves various swim skills from Level 1, II & III by providing addi#ional guided practice. Gourse length 1 fee and Two weeks course; Tuesday -Friday for forty-five min. instruction; Number enrolled: $25.00 per student; one instructor /ten s#udents. Stivim lesson dates and times may change due to complications with the weather or staffing. ~ ,~~.~ Nina Salomon Aquatics Operations Supervisor MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: City Manager DATE: November 12, 2008 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 TRAFFIC ENFORCEMENT AGREEMENT/COLONY AT DELRAY HOMEOWNER'S ASSOCIATION ITEM BEFORE COMMISSION This is a Traffic Enforcement Agreement between the City of Delray Beach Police Department and The Colony at Delray Homeowner's Association. BACKGROUND This Agreement will allow the Police Department to enforce state and local traffic laws on the private roads of The Colony at Delray. The agreement shall also mandate that the Homeowner Association comply with the speed limits set by Florida Statute and follow Department of Transportation standards for traffic control devices. The Police Department feels that allowing enforcement of State and local traffic laws will enhance our presence in the area and have a more direct impact on crime in that area. FUNDING SOURCE The Colony at Delray Homeowner's Association will pay the sum of $12.00 per year to the City of Delray Beach. RECOMMENDATION Approve. .__ ~ THE COLONY AT DELRAY HOMEOWNER'S ASSOCIATION, INC. TRAFFIC ENFORCEMENT AGREEMENT WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY"} through its Police Department, wishes to make its Community Policing efforts in THE COLONY AT DELRAY HOMEOWNER'S ASSOCIATION, INC. as effective as possible; and WHEREAS, THE COLONY AT DELRAY HOMEOWNER'S ASSOCATION, INC. (hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of state and municipal traffic laws on its property; and WHEREAS, both the CITY and the ASSOCIATION feels that such enforcement will make the Community Policing effort a more positive influence on the community; and WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on private roads pursuant to a written agreement approved by the City Commission which provides for reimbursement for actual costs of traffic control and enforcement liability insurance and indemnification and other terms as are mutually agreeable by the parties. Now, therefore, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The CITY does hereby agree to enforce all state and municipal traffic laws on all private roads owned by the ASSOCIATION. 2. The enforcement of the traffic laws will occur 24 hours, 7 days a week. 3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to cover the actual costs of the traffic control and enforcement incurred by the CITY. 4. The speed limit shall be that set by Florida Statute 316.183(2) and 316.189{1) of 30 mph. 5. Signs posting the speed limit must comply with Manual Uniform Traffic Control Devices used by the Department of Transportation and F.S. 316.189(3). 6. Stop signs must conform to the manual and specifications of the Department of Transportation as stated in Florida Statute 316.006(2)(b)(3). 7. The ASSOCIATION shall defend, indemnify and hold harmless the CITY, its agents, officers, officials and employees from any and all claims, suits, causes of actions or any claims whatsoever made arising from any and all acts of f~ ^ F' - -- - ,~ I~ ^. Wells Fargo 11/6/2008 4:52:22 PM PAGE 2/003 Fax Server ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) ,~ 11/fi/200B PpaDUCEq THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION vTelle cargo Insurance services southeast ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2054 vista Parkway, suite 400 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR sleet Palm leach >•L 33411-2718 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC q INSURED iNSURERA: E Insurance Cor ration 39217 Colony At Delray HeaCh HOA, IriC. INSUREAB: e/o Prsme Management 6300 Park of Comnez INSURER C' EIOCa Rat On 1-L 33987 INSUAER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT[FICATE MAY BE ISSUED OR MAY PERTAW, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID GL AIMS LTq POLICY NUMBER p ecT Pp ~ pplYly ppLIC ~~p~p PATE MIWODIY N LIMITS GENERALUABIUTY EACHOCCUARENCE S 1 000 Q00 A X CDMMERC!RLGENERAL uA8[uTV 17®0001092 9/26/2008 9/26/2009 p I , ~ t 50, 000 CLAIMS MADE a OCCUR MED EXP ens arson S 5 000 PERSONAL 6 ADV INJJRV S 1 000 O00 GENERALAGGAEGATE S 2, 000, 000 DEN'L AGGREOATE LIMIT APPLIES PER: PAODU'CTS -COMP/OP AGG S 2 000 000 X POLICY P - LOC 4UT OMOBILE WBIUTY COMBINED SINGLE LIMB ANY AUTO (E~ a°odem) S ALL DWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Pm pe°°") S hIIgEO AUTOS BD04V INJURY NON•OWNEO AUTOS (Pa a°ddem) : PgOPEgTY DAMAGE P S ( n acddem) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT f ANVAUTO OTMERThIAN EA ACC S AUTO ONLY, AGG S EriCES5llgdDRELLAUABWTY CACHOCCUAgENCE S OCCUR ~ CLAIMS MADE AGGREGATE S S DEDUCTIBLE S RETENTION L S WORKERS COMPENSATION AND WC STATU• OT N• EMPLOYERS' UAB[LRY ANV PROPRIETORlPARTNERIEX6CUTIVE E.L. EACHACCIOENT S OFFICGWMGMCGR OfCLUDGD? E.L. DISEASE • FA EMPLDYE S N yes. daaiE° ~nda SPECIAL PROVISIONS DN°w E.L. DISEASE • POLICY LIMB S I OTHER DESCRIPTION OF OPERATIONS / LOCATONS/ VEHICLES! E7fCLUS10NS ADDED BY ENDDRSEMENT! SPECIAL PROVISIONS the Caty of Delray Beach sa named ae additional lneuxed for general liability CERTIFICATE HOLDER CANCELLATION SMOULDANY OP THE ABOVE DlSCR18ED POLICIES BE CANClLlEO BEFORETME E1tPIRATiDN DATE THEREOF, THE ISSUING WSURER WILL ENDEAVOR TD MAIL lO DAYS WRITTEN City of Delray Eteach NOTICE TO THE CERT[FICATE HOLDER NAMED TD THE LEFT, BUT FAILUpE TO DO SO SMALL 300 91 AL lanLle Avenue IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AOENTS OR RlPpESENTATVES. Delray Seach SL 3344 AuTHORREDREPRESENTATIVE •I AcoRD zs (zoovoe~ © ACORD CORPORATION 1988 Page 1 0! 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 10, 2008 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 SPECIAL EVENT REQUEST/RUN FOR MIRACLES/MILAGRO CENTER ITEM BEFORE COMMISSION City Commission is requested to endorse the 3rd Annual Run for Miracles sponsored by the Milagro Center to be held on January 31, 2009 from 7:30 a.m. to approximately 10:30 a.m. Commission is also requested to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure and use of A-1-A from Casurina to George Bush Boulevard and Anchor Park from 5:00 a.m. to approximately 10:30 a.m., and to authorize staff support for traffic control, barricading and clean up, use of half of the small stage and a waiver of parking meter fees for Sandoway, Ingraham and Anchor Park, as well as along Atlantic Avenue from Venetian to A-1-A from 8:00 a.m. until approximately 11:00 a.m. BACKGROUND Attached is a permit request received from Michelle Antonini on behalf of the Milagro Center, for this event along with an event map and budget. The event proceeds will benefit the Milagro Center. The estimated overtime cost for this event is $2,660, stage rental $265, barricade rental $250, and light tower rental $435. Event sponsor will be required to pay the full amount for barricades and light tower rentals and will be charged for overtime and stage rental based on the Special Event Policies and Procedures. Estimated charge for overtime is $1,080. RECOMMENDATION Staff recommends approval of the event, the temporary use permit, request for staff assistance, use of half of the small stage, and the waiver of the parking meter fees from 8:00 a.m. until 11:00 a.m. for Sandoway Park, Ingraham Park, Anchor Park and along Atlantic Avenue from Venetian to A-1- Acontingent on the receipt of a Certificate of Liability Insurance and an executed Hold Harmless Agreement. City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT ~~~~~~ .: rBEACH aCT f 3 2 ~rAC~~4Ai~V4S7RA i ~£RVlC~g tgs~ 2001 Event NamelTitle: ~ YIYI ~U'n ~~1 ro.G1e C Z~o9 Event Date(s): __ ~~ Event Sponsor/Producer: Event Contact/Caardiz~ator: M-Chelt~ ~~n`I~n.~ Name: `ivl Address: 3 40 gy.[ ~ _. A ~ Telephone Number: [fie i~Z~°+~ 29 Cellu ar Number ~~ E-mail Address: _~~_~d~rij ~ i @ ~ 1agr~y Cen-lex . o Event Descriptian/Purpose: ° n eye n+ ~, ~7~P ~' -~ ~I~r?. (il1,11 o~.C3, ra Ce n ~ 2r. Brief History of Event (II' applicable):... r p y7 ~ e~n-~ ~~: . tc~~rnShrn~.r~--1s 1 Ccaai `dCrwr~ "~S' ~ 30 -q : ar~p,.,rY, c 0..n - cep 14 ~ o ca - ~ ~ , 30 ~~ ... Number of Individuals Served Previous Year (if applicable): _ 2 0 ~ - ~ ~~ r ~„1 n nQY S Describe the targeted population and expected attendance: ~ ©CQ1 ~' ~ S 1 d-Px~'~ 5 O,Qeg iy'- 7.0 yr5, old. Planned Activities {Outline of activities/number of activities, i.e. entertainment, child~re~n~s rides, games, other programs}: - g~~ - ~P (,~ = ao - ~ = °Q c~-W,n • tic~catl ~`~" rn;.~'lGC1 j 17 c ~+n r7 Pa' I~CiP F, Y~5-Yrti -H n,~r-, '1 : ©d _ ll '. '3O ri v Y~ Describe how the program or project addresses community needs: ~°.r~e.~~[~5 `~ r ~ I~c'L~'2x~~?X C ~ oCl..J~{ ~~ <~_~ S ~i ~,] G v, ~o,r ho a ~~= tn~s5 . Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): ~-,re.~!' ~5 (Tf Non profat attach proof of SOIc(3), c(4), c(6), C(]O), or c(I9) or {d) Event Location^(Describe area boundaries of eventllocation): ~~ >n~t+nq (i`~ ~ l.w-~!1 (n /l.~r 4Jlh r l) ~ n'. ~ ... ~ ~ /~ ~.r. /^_ 1.....~ _ ... ~'"f _ 1 _ .. .~ i ! Rental of Old School Square: yes no (If yes, attach proof of approval} Private Property Use: yes no •~ (If yes, attach letter giving authorization from property owner) rB get a~ a" yes .~ no :.~ •. (Required for all •events) • Pre~ou~s: !car Revenuea~ExpensresumrY yes (Required for all 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) no C:ldocuments and SettingslLisilDes~toplSpecial Event Permit Application FiF~iAL 9.6A7.doc Sponsor Category (please check) City ^ Non-ProfitlCharitablef~f Frivate ^ Co-Sponsor -Nan-ProfitlPrivate ~l abpdched yes ~ no ~._;y (Sate plan required for entire event site. Include locations of tents, stage, portalts, dumpsters, portable lighting, and barricade location if applicable.) Serving or selling alcoholic beverages:: yes no~~ (If yes, copy of license ar~d alcohol liability insurance required two (2) weeks prior to event) I Event certificate of insurance attached: yes no J (Required two (2) weeks prior to event .naming the City as additional insured, also required far vendors) Playing of amplified rnnv.sic: yes ~ no (Waiver required) Will there be entertainment: ;yes no ~,/ {If yes, attached list of Performers andlor DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: :yes no Requesting Police assistance: 'yes J no (traffic controllsecurity) f Will supplement with private security: yes no J (If yes, need plan attached) Requesting Emergency Medical assistance: yes no Requesting barricade assistance: yes d no {If no, how are you handling?) Requesting trash removallclean up assistance: yes ~/ no (Will be billed to sponsor) Requesting trash boxeslcontainers and liners: yes„ no Requesting stage use: yes ..~ no (If yes, check type) ~y '~~ Large stage (14' x 36') ~@f' Small stage (lb' x 21') ^ Half small stage {8' x 21') Requesting signage: yes ~ no Type: 4'x4'Event sign .~ Parking Signs ~/ Banner hanging ,~ ,_,_,~ Indicate dates required 1 d`°'`~ ~Q„~jrur~~ _ (Waiver required if more than one (1) week prior to event) Requesting City Portable Generator; (If yes, size & power) Food and beverage vendors: If yes, approximate number (Health Department approval required) yes, yes no___ no~_ yes no C:1Documents and SettingslLisilDesktoplspecial Event Permit Application FINAL 9.6.07.doc Other vendors: (Indicate type} yes no J Tents: yes If yes, How many What size or size required (If yes, tent permits and~re inspections may 6e needed) Will the event include amusement rides: yes no (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Show on-site map) yes no Will there be a charge for the event: yes ~ no (If yes, indicate ticket prices) I Will there be fireworks or other pyrotechnics: yes no ~/ (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed:gas: yes no~L (Ifyes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes no ~/ (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes____~ no (If yes, indicate locations and purpose for use) ~b Wa Qx~~ p,,n~C~~C F~ k Event Permit Attachments: RevenueBxpense Budget Revenue/Expense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status General Liability Insurance "Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirernents: • 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 no J C:1Documents and SettingslLisilD+esktopl5pecial Event Fertnit Application FI1rAL 9.6.47,doc ~,a~~~~sr. ~,na G 3a o s( Event Contractor/Coordinator Date Please priat:~!I` l1 An+on+ Yl- Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.V~J.. tat Avenue, Delray Beach, Florida 33444. Required with permit application. 1~1..~,'~ m~l~-~. ~.Y~~1 ~ ,rJ~ r 60 For Staff Use Only . Date Received ~~ ~ Application fee received ~/~ ,_ C:1Documents and Setting5lLisilDcsktoplSpeciak Event Permit Application F1NAL 9.6.07,doc R~rn far Miracles 2009 Budget $2,009.00 Gross Revenue Sponsorships $4,000.00 Pre-Registration $1,500.00 Race Day Registration $1,500.00 TOTAL $7,000,0D Expenses Event Supplies (Target) $100.00 Medals/Trophies $400.00 Split Second Timing $1,000.00 City of Delray Beach $1,~Q0.00 Advertising $200,00 Runner's Tee Shirts $1,500.00 Insurance $200.00 TOTAL $5,000.00 NET REVENUE $2,000.00 r::<- r ~ ~ dray ^ q~... untitled 2nd Annual Run for Miracles Budget T-shirts-51204 timing-51200 trophies-5440 insurance-5200 overtime-5500 barricades5240 tents-5200 printing and banner-5240 Total: 54100 +miscellaneous costs S4500 Expetted Revenues 56000 page ~ C n"'l [~F ~ ~~'.tr~9 Y" ~Ei9 STAB'/Fi~Iish' ~?~s~z„~.g2r.~:ua w 61.~~ ~ r3" .IVrvC bF ear AY nlr~f ['e~2.v~e a~ ~'~- Fps P4~F ~'-L.~r~SGy~! 5T /rv C~~2 d~ ~R~' h~lLY~• ~ e ~~ ~ r ,S:.p~ Gam' N. ~~"A.~/ r 4i•%~a``i a~ C~Ltl3F3 ~+r:,~d35 J ~~ ~ $ ' SGSITti ~r~NNLs2 ~~l1J~tt.'r1Y fir" ~$ JJ. oera.7.v Bz/a. T~rLvR~gccsnr~; C~r~r2 ~- 'r?c.~~-wr~y .d. d~'9'Rnr - ,C~yv, .ar ~d'c ~ ~rr~~ ~3c.va. 5317" N'~~. ~rF ~'[wC.e~ i~PL ~ai:s. ar ~sU t•~~g-!L, M 1 LE a ~ ~~" Fsu,~.~ zV~s~ ~xas~ C~ r~~:~ Caw ~, Nt r ~~. "3 a t ~S'' -~2t ~ Ncv~TN .~ ~~ C~eir7r~NA 7~ • N~+ 3JZ L•G~ ~~ 17~~''i~r /9T jJ!`7 ~A~j4{/J2NA ~iOa Ifl~ ° t~r.L r~c~~ tl2.t ~rr,4 o.W ~yn~~Y$ eY •z/nr~ cur~l~rti a.vr./r~JL Awa ~•9~Fi.~• ~ rrt~ Y~ca.-cw ~r~J~7; ~,,, . ~~~ A1,~ .,-.'~ 337" ~~o L'1u~i~ i3LU G, ..%..~~; _ _ ~ FP a ~' b 1I ~~ s ~ ~ ~ L~ a ~ n ~ a ~ N ~~ ~fL~ ~'r7`1C ~9L11+p. r ~~ i !~3 fL~` M ~ ~1N 15 ~-~, r - rr I.~nl~~~ [7 9 4~37a1'( ~ pps$ -- ~~ K cw .5N R k Tia ~+/S - ~i~ t¢ ~ ~ o .a ~ . 7 ~ ~M~L_~ ~p ~ 4-. !~ [r a ot~S G~ur~n.rNq Rv. o -,- 14 5 a N T . - _~ P n~ (~ n~ C. G l ~• MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: November 12, 2008 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 REVIEW OF APPEALALE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of November 3, 2008 through November 14, 2008. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: The item must be raised by a Commission member. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board -Meeting of November 12, 2008 A. Approved (3 to 2, James Borsos and Andrew Youngross dissenting; Shane Ames and Chris Stray absent), atwenty-four month extension (expiring April 26, 2012) for The Yacht Club at Delray Beach, in conjunction with a proposed redevelopment of the site that includes a new yacht club and residential condominiums, located on the west side of MacFarlane Drive, south of Miramar Drive (110 MacFarlane Drive). B. Approved (4 to 0, Andrew Youngross stepped down), a Class I site plan modification associated with architectural changes that includes the redesign of a door on the south elevation for Paradise Bank, located at the northeast corner of North Federal Highway and Lake Avenue South (1351 North Federal Highway). Historic Preservation Board - Meeting of November 5, 2008 1. Approved 7 to 0, a variance request to reduce the side street (north) setback from the required fifteen feet (15') to thirteen feet (13'), for a bay window in conjunction with the renovation and floor area addition to an existing single family residence located at 200 Marine Way. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map N SPRAB HPB A. THE YACHT CLUB AT DELRAYBEACH 1. 200 MARINE WAY B. PARADISE BANK ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT NOVEMBER 2008 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\11-18-08 --olGlraLaasEMaPSVSreM-- MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager THROUGH: David T. Harden, City Manager Richard C. Hasko, Environmental Services Director DATE: October 29, 2008 SUBJECT: AGENDA ITEM 8.L.1 -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 CONTRACT AWARD/.TCI JADE COMMUNICATIONS, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award in the amount of $52,748.07 to JCI Jade Communications, Inc for the installation of telephone, data and fiber optic communications (low voltage wiring) regarding City Hall, P/N 2009-017 BACKGROUND The modernization of the existing Type II cabling found within City Hall is essential in order to maintain acceptable computing performance needs. Outdated Type II cabling is not rated for speeds above 20 mbps though current computer needs far exceed 100 mbps, thus negatively affecting the performance of the City's computer system. Utilizing an existing Palm Beach County contract (No.05193) with JCI Jade Communications, JCI will provide all labor, material, and testing necessary for the installation of the following; 244 category six (1.2 Gbps) plenum cables for 122 outlets, three 100 pair telephone cables between the existing phone room and the new communications closet and one 12-strand fiber optic cable per plan. A copy of the proposal and floor plan are attached hereto for your reference. FUNDING SOURCE Funding is proposed from account 334-6111-519-62.45 (General Const Fund/Miscellaneous/Data Cabling) upon a budget transfer from Fire Station No. 4 Project.. RECOMMENDATION Staff recommends a Contract Award to JCI Jade Communications, Inc in the amount of $52,748.07 regarding the City Hall Building Internal Data Cable Modernization, P/N 2009-017 STANI~AR® F®RNI ®F ACREEI~IENT 1$ET-~dEEN CITY AN® C®h1TRACT®R THIS AOREE[i~ENT made this day of , 20_, by and befinreen the CITY OF CELRAY LEACH (hereinafter called CITY) and JCI Jade C®mrt~urt[catlo~s (hereinafter called C®IVTRACTOR). VidITNESSETH: The CITY and the CONTRACT®R in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned C®NTRACTOR hereby represents that he has carefully examined all Contract documents, and will perForm the contractual requirements pursuant to all covenants and conditions. ~. The CON T RAC I OR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The C®IVTRACT®R furkher acknowledges that the bid price includes all costs and expenses required far the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACT®R include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT ®OCIJI~IENT (5} invitation to Sid Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements C®NTRACT ®®CUMENTS (c®~~t'd~ PAGE NlJ~l3ERS Sample Insurance Form 9 Drug Free Work Place Certification 10 Specifications (Floor Plan) 11 Proposal (Schedule ofi Pricing) 12 Bid Signature Page NIA Statement of No Bid NIA Addenda numbers 0 to ~, mclusEVe, and any modifications, including Change Orders, duly delivered affier execution of this Agreement. 4. The term of this contract shall commence upon execution of this agreement by both parties. COf~ITR~CT~R shall have 90 days to complete the project. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in farce. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. Afl notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 IVW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: JCI Jade Communications inc. 6610 East Ro_ ers Circle Boca „Ra~o,n,., Fl,o„ride 3348? 7. The C®NTRACT4R shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the z C®NTRACT~R shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the C®NTRACT®R each binds himsekf, his partners, successors, assigns and legal representatives to the other party hereto in respect to all canvenants, agreements and obligations contained in the contract documents. 9. in consideration of ten. dollars ($10.00) and other valuable consideration, the CONTRACT®R shall defend, indemnify and save harmless-the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sale negligence of the CITY), recklessness or intentional wrongful misconduct of the C®NTRACT®R and any persons employed or utilized by the C~NTRACT~R in the performance of this Project. C~NTRACT~R agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials ar liabilities, damages, losses or costs caused by or on account of the use of any improper materials. C®NTRACT®R agrees that negligent, reckless ar intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-caws, ordinances or regulations by the C®NTRACT®R, his subcontractors, agents, servants or employees. C®NTRACTOR 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 3 that may be brought against the CITY for the infringement of any and all patents ar patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the C®NTR~CT~I~ to defend at his own expense or to provide far such defense, at the CITY"~ option, any and ail 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 C®NTRACTQR, his subcontractor or by anyone directly ar indirectly employed by either. This indemnification includes ail costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the C®RITRACT®R the specific consideration of ten dollars and other goad and valuable consideration as specific consideration for the indemnification provided herein. ~=urthermore, the Cvi~T~.ACTC3~ acknowledges that the bid price includes said consideration far the indemnification provision. 1q. This Agreement shall be considered null and void unless signed by both the C®NTRr4CT®R and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the C®PJTRACT®R and may only be altered, amended or repealed by a duly executed written instrument. 12. The Parties agree and acknowledge that the CITY is "piggybacking„ off of the contract with Pa9rr~ each Caur~~ E~aard of C®~rnt Camrnissianers and that tl~e terms and conditions of the Count C®r~tract No. 05193 shelf govern unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms and conditions of this Agreement shall govern, IN WITNESS WHERE®F, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Cleric Ap~rnved as to farm: City Attorney WITNESS: CITY OF DELRAY BEACH, FLORIDA By: [Mayor CONTRACTOR: BY: {Print or type name and title) (Print or type name and title) {SEAL) CAP®RAT'E ACkCN®IIVLE®G~tIEIVT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by or agent, title of officer or agent}, of ,(state or place of incorporation) corporation, on behalf of the corporation. HefShe is {personally known to me) for has produced identification} and has used hislher type of identification) as identification, Signature of Person Taking Acknowledgment Name of Acknoweedger Typed, Printed or Stamped name of officer 6 CEi~~f'EFiCATE (If Corporation) STATE OF FLORIDA COUNTY OF } SS ) [ HEREi3`Y CERTIFY that a meeting of the l3aard of Directors of a corporation under the laws of the State of held an resolution was duly passed and adopted: 2q~, the fallowing "RESt~LVEI~", that , as President of the corporation, helshe is hereby authorized to execute the Agreement dated , 2Q between the City of Delray Seach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with cr~rporate seal affixed, shall be the official act and deed of this corporation", I further certify that said resolution is now in foil force and effect. IN ~iTNESS ~lHER~®F, l have hereunto set my hand and affixed the official seas of the corporation this day of (Secretary) 20_ (Seal) lf~iSIJRANCE~ R~t11R~M~h1TS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain Insurance of the types and to the limits specified in paragraphs (1 } to (4} inclusive below. B. COVI=RAGS Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: Worker's Compensation -Coverage to apply for all employees for Statutory limit's in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $1g0,©OU each accident. 2. Comprehensive General Liability -Coverage must be afforded on a form no mare restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a} Minimum limits of $3[3x,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b} Premises and/or Operations. c} Independent Contractors. d} Products and/or Completed Operations. e} No exclusion for underground, Explosion or Collapse hazards. 3. Business Auto Polic -Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Dffice and must include: a} Minimum Limits of $300,000 per occurrence combined single Iimit for Bodily Injury Liability and Property Damage Liability. b} Owned Vehicles. c} Hired and Non-Owned Vehicles. d} Employer Non-Ownership. 4. Certificate of Insurance -Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the ~ypes of policies rovided but shall also refers ecificall to this bid and section and the above ara ra hs in accordance with which such insurance is bein furnished and sha[I state that such insurance is required ~ such para ra hs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prier to the completion of the work, renewal certificates shall be furnished thirty (30} days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor ta" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed nut as indicated on the attached "Sample of insurance Certificate". Insurance certificate sample, next page ~b1~4S'T2bb L:1 )Y OF 13tLKHY J:ttf~~N ~`fC~ PCJB £1~; 21 '4~ 1@:23 ! TttRS ~~1'TE 7S CkED fS .~ 1~kT7EPi OF iA'Ft1i2>"aAAYpD!{ pp~Y ~f#4 ~dA'F'i;RS` h0 tSKit[TS i1PD!'t T#t~ C~~ftTIFTCA,7E i'tClLiR~ii, TIdt,S {:LFTiI~kCJ.7~ tk~s ~C11~ .CN~CF~L~C~y ~y~~_ , t{pT ~11AEPI6, ~t13 C9q RI.TEFl THE COYC~ A~f3 ~Y THE RbtJCtES ~3[ M P,O. YiO~ ,~.,I 7 I. 5~~"C G~'~'X', i1a~~. tS~CI(Jt3 ;` ~ ~~}~R~I ~.~'~~971C~~°s ~#~VEF#A~.i~ t ~,. ~ ~- . ~ ~Y '~ C~kaaknsY R~GiiT F1 ~S~3k~CE C(-. LEYtER ~_° `~ z: , . kMSLlFlEL? ~ wcY„ ~~ ~~~~ ~Y'£a# p ~sn ODC1 ~7 ~fl Y ~ . Y LFCTER 4 ' "~NIS tS 7Q Y rxr,T POEJC If3 C+` itlSlSitllNS~ C kSTL"-r18L•'LC~p!'pSA~E BF~3i ' . tS.SEIEL Td ~ #~lSR>=i} Akes.~.6E€~ AS4YE ~qR Ys'kE POiICY i=ERfOPiFfLUCATE~. NUTWITtCSThl4t?kidCi At#Y ~trii IC"Jd>"htY', t'l=1adA t5R (:,{SMDE'1'IiN[ i3F JLMY IXYPi7pA~ry' [xi OT4~f! L35~JfAESiT YkRTfi R~^A~~7 T~f kRfICF! TkttS CEl4TkF7~e.7E lktikY ire M.y~UECk ~lXAY vtiR7AkM, TF;E IhE~uaAHCE AFF'Ex~nEp k3Y TriE Pp{ kG1F S DESt;AtBf~0 r~AEI ' ' TiC11iS 6~ ~~FJ7 PG1E.lCtE:. « « H ~ ~~:7.1~ CT T c} ALL TdiE TfRAiS. EXCLUSfQk5, AND COFa41- ~ L7'R r1'FE L?FlNSUF~AA[CE ~~_-- ?UUCY NUMBE<i ~ , ~ ... . ~ ~ ~~~~•~,iA8iUTY LSarIkTS Ml TFkQ115AHG5 CeEFiF-Fill„ ~,~,~j~~•f~'Y w1F ~ ~ c• s.•'. ~"'-; OC.Cl1RAERCE '~A~~1~ . A ~HE~s:SIVF ~ $DOiLY ~ rrtErsrckunorr5 ~ E%~~E41510i~ & C'ULkhP'SF #dR1ARQ PiJC7 fPl ~ ~ " (kU~tnGE~ i . .k i~0 0£ F.FLAT~,k k$ ~1L,IRL ,. h`aJ + ,~ INCI~YENF]Ehti CANTi24Gi4RS .~ BfG~rr+Rirr56 ~ ~{~~ i^~ ~a~ e~~ap FO~xa PROisE31TY ar~kAC~ n~asnr,A~ I~wu~Y P~R5C5NAL thL.lUi~Y .4~i• AUT~&t€~ElE.6 t.IAFl71~'fY fiHY u ' A€.'~~176P1,~ 3-f}1-~~1'3 3-Q1-91 9tkr ~ .. ALL (ANltEq AEk f!]g {PjilV. PA55.1 ' A3.F bVYNEA Afi€CEi ^FH~~ T11kC 1 PRSS J . ,~~irsF $ Ni~k1 ACl7t15 ~~ ~ CiAFW~ 13Y,ES:>~LY -- si w ~ CC~BN9E[7 ~ ~4fQ ~. llMBR~{,Lp F{lgri9 _ ~Tfif=R SiiAN LIhSBRFiIA F(JRI.B ~~~ ~` ~ ~ wa• cv~~t~sATl#t ~,P[177f6 3-OI-94~ --~I~--9I ~r~.^rc,r~RY ._ •°::;.", ~ :_~w, ,,.,, ~ ., ~ RlVD ~ ~ $ iF.~a MJr1 E164Pt.4t'Er"ta' LiABk[.fTY ti r,~j~ ~ ICE "A u"•~Y ~G~R~j k7r#tER ~ • ;~ ~ (4~5fasE•F.~ctk E~AI.4Y&E71 I 9 ®FiUG ~R~~ !~1®RKPLACE CEF~TIFI~~T~~R~ if identical tie bids exist, preference will be given to the vendor who submits a certification with their bidlpraposal certifying they have adrug-free workplace in accordance with Section 287.887, Florida Statutes. The drug-free workplace preference is applied as follows: ©ENTICAL TIF BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two ar mare bids which are equal with respect to price, quality, and service are received by the State of by any Political subdivision far the procurement afi commodities or contractual services, a bid received from a business that certifies that it has implemented adrug-free, workplace program shall be given preference in the award process. established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, l certify that this firm complies fully with the fallowing requirements: 1) This firm publishes a statement notifying employees -that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations ofi such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy or'the staten-ient sped led iri subsection (1). ~) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction af, ar pies of guilty or nolo cantendere to, any violation of chapter 893 ar of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction an or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 5) This firm will continue to make a goad faith effort to maintain adrug-free workplace through implementation of this section. Contractor's Name Signature to w 3 !ice -~-_~ ~ ~ ~ ~~ ~~ ~~~ _ E' ~.., i~ ~ City ~Iafi I~ ~~~ ~x.._~~ 1~ ~~~ f k i _~i~ ~I I,~ 3: ~~! u p! G 3 tl ~'w.~y Jf e a Date: 24 C7ctober 2D08 PROPOSAL NO: '3024fi8.ILA S~BIvIITTE® TO: ~d Del ortiiio Camparry lVarr~e & address: .lob Locatrar~: City pi'Delray Beach Delray beach 3UD 11fW ~~~ Avenue Delra beach, ~'~. Celt Number: Offlee Number: 561 243-7147 tifUe hereby submit specifications and estimates for: supply and instals 244 CAT 6 plenum cables in 122 outlets per print. Three; 10g-pair Qlen€sm telephone cable vuill be installed from fife phone room to the new Communications closet. One 12-strand MIVI I{O tight buffer fiber optic cable will be installed between phone room in existing bldg and new communications closet. All fiber optics and cables installed will be tested upon completion of terminations. Test results and as-builts will be provided upon corr~pletior~ of job. 1fi{e hereby propose to furnish labor and materials-complete in accordance with the above specifications, for the sum of: ~?:".4 'fPT~' T'C3 ~"l-l'C7tl~A~l~ ~~l=N 1-116.1h1~~1~ ~F~T~'-~T C~~~..~~~~ ~f3~'l~t~~°~ ~afanc® tfue u~aon receepf csf invoice. Aii rr~ateriai is guaranteed to be as specitted. Aii work aiaove to be completed irE a skillful manner according to standard practices. Arry a€teration or deviation from above specifications involuing extra east, will be executed onfy upon written orders, and will iaecome a "T & M" extra eharae Doer and above the estimate. Ail agr~:aments are contingent upon strikes, accidents or delays beyond our con#rol, No permit fee's or bonding is included in this quotation. This proposal is subject to acceptance within thirty days and is void hereafter at the option of the unc3ersigrred. Florida License ESQOOQ112 AUTH~3~i~~E~ Sl~l~f~Tt~l~.~ late ~~~~~~~~~~ ~~ ~~~~l~~~L The above prices, specifications and conditions are hereby accepted. You are authorized to coo the work as specified. Payment will be made as outlined above. A~C~PT~Q: Signature Date ~1~~3~ # 3~t:}~ ~C36~~°l~" CONTACT ~ ~5`l93 f~(i10 ~. CIGERS Ct~CL~ G T~30CA P~ATC)lti, ~Z..C7IZTI]A ~~487 ° f56~j g}7-8552 ° F~LX (5~1} 99?-5935 ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 29, 2008 SUBJECT: AGENDA ITEM 8.L.2 -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 CONTRACT AWARD/,TW CHEATHAM LLC ITEM BEFORE COMMISSION This item is before the Commission to approve the contract with JW Cheatham LLC for the road construction on Mango Drive/Reigle Avenue and SW 7th Avenue in the amount of $140,514.90. BACKGROUND The Mango Drive/ Reigle Avenue and SW 7th Avenue road construction project is funded 100% under Community Development Block Grant (CDBG) funding between Palm Beach County and the State of Florida Department of Community Affairs. The road construction work includes removing any existing pavement, stabilizing and compacting subgrade, installation of limerock base and asphalt wearing surface, and the construction of new sewer lines. The successful bidder shall comply with the provisions outlined in the supplemental general conditions (Federal Provisions). A bid tabulation for the project is attached. The propsal submitted by the apparent low bidder, FHP Tectonics Corp, d/b/a F.H. Paschen, S.N. Nielsen & Associates, is considered non-responsive in that it does not meet the contract requirements for self performed work according to pages P-16 and P-17 questions 7, 8, and 10 of the proposal. Contract page IB-6, paragraph 10.4 states "No more than 40% of dollar value of the total contract work may be accomplished by Subcontractors". The FHP bid proposes that all of the work will be done by subcontractors under the supervision of FHP project management staff. Staff requests Commission award the contract to JW Cheatham LLC as the lowest responsive bidder for the road reconstruction of Mango Drive/Reigle Avenue/SW 7th Avenue in the amount of $140,514.90. FUNDING SOURCE Funding is available in account #118-1960-554-68.27 RECOMMENDATION Staff recommends approval of the contract award to JW Cheatham LLC for the road reconstruction project for Mango Drive/Reigle Avenue/SW 7th Avenue. 0 ~+ V L ~+ N O V 2~ NN0 LwL` `W a 2~ ''/^^ V! 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LONGPORT CIR. .......... sss..... U N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . n o EIGLE AVENUE m i Q ~ CITY of DELRAY BEACH SW 7TH AVE REI GLE MANGO DATE:10/27/2008 J g ® RoAOwAY IMPROVMENTS OADWAYIMPROMENT ~, ENVIRONMENTAL SERVICES DEPARTMENT j ®0e 434 BourH awrrroN AVENUE, DELRAY BEACH, FLOFIDA 33444 2006-068 1 of 1 ri PRQP05At_ PrflpOSatof FI3P Tectonics Corp. d/b/a F.H. Paschen, S.N. Na.elsen & Assoc. (Contractor) 33D3 W. .Commercial Blvd., #19D, Ft. Lauderdale, FL 333e9 (Address) to furnish and deliver a[! materials and to do and perform al! work in accordance with the Contract Documents for the Project entitled: MANGQ C7fiif t~ElGLE AVE! SW 7"~N AVE RQAa RI=CONSTRUCTION City of petray Beach project No. 2flQti-ft68 Bic Na. 20{38.44 To: Purchasing Officer Gity of Delray Beach, Florida 1t74 NW 1st Avenue t~eiray Beach, Florida 334A~ 1, The undersigned Bidder proposes and agrees,. ft this Bid is accepted, to enter into an Agreement with the G1TY in the forrr~ included in the Contract Documents to complete ail Waric as specifred ar indicated in the Contract iW3ocurnents for the Gontract l~rlee and within the Contract Time indicated in this Bid and in accordance with the Contract I]acuments. 2. Bidder accepts ail of the terms and conditions of the Instructions to Bidders, including without limitation thane dealing with the disposition tf Bid Security. This Bid will rerr~ain open for sixty (6©) days after the day of Bid opening. Bidder will sign and deliver to the GiTY the Agreement and subrrtit the Gontract Security, insurance Certificates and other documents required by the Contract Documents within fifteen days after the date of OV~lNER'S Notice of Tentative Award. If Bidder fails to sign the Agreement'and deliver the Agreariidnt to the GlTY accnrripai~ied by the required security, insurance certificates and other documents within the time specified, the GITY has the authority to rescind the bid award and retain the hid security which shall he forfeited as liquidated damages. 3. in submitting this Bid, Bidder represents, as mare fully set forth in the Agreement, that; a. Bidder has examined copies of all the Contract Documents and of the following addenda: Number !~a#e Numher Date 5 d receipt of all of which is hereby acknowledged and also copies of the Advertisement for Bids and the Instructions to Bidders; P_ f TRENCH SAFt=TY ACT Florida Statutes Section 5a3.fi{t et seq. `Trench Safe Act" Com Hance Bldder acknowledges khat the Florida Trench Safety Act, Section 5a3.fi4 et, s, eg., wh€ch becatr~e effeck€ve ©ctober ~, 19gti, shall be in effect during the period of construction of the project. The Bidder by signing and submitting the bid is, in writing, assuring that €t will perform any French excavat€on in accordance with the applicalale trench safety standards, The Bidder further identifies the following separate item of cast of compliance w€th the applicable trench safety s#andards as well as the method of cnmpiiance. Method o€ Com Hance Cnst i3€dder acknowledges that this cost is Included in the appf€cable items of the Proposal and in the Grand Total Bid Price. Failure to complete the above may result in the bid being declar~:d non-responsive. The Bldder (s, and the ©wner and Engineer are not, responsible t~s review or assess City's safety precautions, prr~grams or costs, or the means, methods, techniques or technique adequacy, rea- sonableness of cast, sequences ar procedures of any safety precaution, prograrrf or cost, including but not limited tca, compliance with any and all requirements of Florida Statute Section b53.6t7 et seq. cited as the "Trench Safety Act". Bidder is, and the City and Engineer are not, responsible: to c#etarmine if any safety or safety related standards apply to the project, including, but not limited to, the "Trench Safety Act". P-10 ~._ _. . _., QUESTIONNAIRE The undersigned guarantees the tn,~th and accuracy of all statements and answers herein Contained. 1. How many years has your organization been fn business fn the S#ate of Eiorlda as a Contractor? Five ~. What Is the last project of this nature that you have cqm Ietecj? city of Miami-Battersea ~ Douglas ~d. Storm Sewer Tm~rpvement: Installation pf gravit~ draana~e wells and associated inlets & piping, curb & gutter improvements, milling & resurfacing existing road. Czty of Miami- Mzami River Project Segment G- Complete reconstruction of street, new eidewallc, avement, storm drainage, landscaping & lighting based on Greenways Master Plan 3. Nave you ever failed to complete work awarded to you: If so whore and why? Na 4. Name three individuals or cnrparations for which you have performed work and to which you refer? City of Miami, Department of Capital Improvements, 444 SW 2nd Ave., Miami, FL 33230 The School. Board of Broward Covnty, Facilieies % Construction Mgmt Div, 17Co Sw 19th Court, Ft Lauderdale, FL 33352 City o' Chicago, The Department of Gerezal Servicea, 30 n7grth LaSalle Street, xoo:n 3706, Chicago, SL 60502 ;a. List the following Information concerning all Contracts on hand as of the date of subm#ssion of this proposal. (In case of co-venture, list the information of all Co-venturers}. TOTAL CQNTRAC'~Ep °l,aOF NAME Oi' CONTRACT UATEIOE COMPLETfQN ~RO.tEGT OWNER 1~fALUE CflMPLETIflN TO DATi" Silver Bluff Calming Circles/Ph 2 City of Miami $564,526.00 TBD C P'lagarni Calming Circles City of Miami $].7.3,427.00 July-DB 8S Miami Greenway Segment B City of Miami $739,488.68 June-69 95 Miartti Greenway Segm~~~t G Ciey of Miami $1,322,522.S3 July-Q8 95 Overtow^7 Youth Center Addition City of Miami $222, 89~.BS December-08 0 (Continue list on insert sheet, if needed) 6. Have you personally inspected the proposed work and have you a complete plan for its performance? _._ Yes 7. Will you sublet any part of this work? If so, give details. Yes, we would be serving as the General Contractor with a Project Manacer, Field Supervisor, and ProjecC Engineer on staff for this project. The sanitary sewer work, asphalt, and clearing and grubbing will be sublet under our cpntrol and supervision. 8. What eq;~iprrrent do you own Shat is available for the work? (Attach additional sheets as necessary} (FHP does not own any equipment that would be used on this project. ~'HP has the ability to procure the required equipment as necessary. ~- I S 9. What equipment will you purchase for the proposed work? FHP will not purchase any equipment for this project. FHP. has the al~i.l~ty _to procure_ the_ required equipment as necessary. 10. tilVhat equipment will you rent for the proposed work? '`~~ .; All Equipment will be supplied by suiacantractars. _. .. ~#ate the true, exact, correct and complete name ofi the partnership, corporation or trade name under which you do business and the address of the place of business. {If a corporation, state the name of the PresirJer~t and Secretary. If a partnership, state the names of all partners, if a trade name, state the names of the business under the trade name, It is absolutely necessary that this information be furnished). FHP `t'ectonics Corp. d/b/a F.H. Paschen, S.N. Nielsen & Assoc. Correct Name cif Bidder a) The business is a (Sole Proprietorship) (Partnership) (Corporation} Corporation b) The address ofprinclpalplaceofbuslnessiss72s w. xiggins Rd., suite 200, Chicago, zJ so6.3~ e) The names of the corporate officers or partners, or individuals doing business under a trade name, is as follows: ~/a Signature of idde By: Print Nam e .7. i ht, Vice President Business Address: 8725 W. Higgzns Itd., Suite 200 Chica~rn IL 60631 incorporated under the laws of the Staia of ~~~-~-nb~-~ P-l7 PROPOSAL Proposal of _ ~° (Contractor) (Address} to furnish and deliver ail materials and to do and perform all work in accordance wi#h the Contract „_ [Documents for the Project entitled: MAiVG® C7R! REif;L~ AV~I S914i' TTii AVM ROA® R~COhiST'RUCTIQtd City of De€ray Beach 6'roject tVo. 2006-068 BI10 Ada. 2008-44 T o: Purchasing Officer City of Delray Beach, Florida '100 NW 1 s# Avenue Delray Beach, Florida 33444 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Cantract Documents to complete all Work as specified ar '- indicated in the Contract Documents far the Cantract Price and within the Cantract Tune indicated in this Bid and in accordance with the Contract Documents. 2. Bidder accepts ail of the terms and conditions of the Instructions to Bidders, including without m.. limitation those dealing with the disposition rf Bid Security. This Bid will remain open far sixty (60} days after the day of Bid opening. Bidder will sign and deliver to the CI"T"Y the Agreement and submi# the Cantract Security, Insurance Certificates and other documents required by the Cantract E7ocuments within fifteen days after the date of OWNER'S Notice of Tentative Award. If Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time specified, the CITY has the authority to rescind the bid award and retain the bid security which shall be forfeited as °- liquidated damages. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: a. Bidder has examined copies of all the Contract Documents and of the following addenda: Number Date Number Date ~J~«~G receipt of all of which is hereby acknowledged and also copies ofi the Advertisement for Bids and the instructions to Bidders; F-1 ~.., ~.r. TRENCH 5AF1=TY p;CT Florida Statutes 5ectian 553.60 et seq. "Trench Safety Act" Compliance Bidder acknowledges that the Florida Trench Safety Act, 5ectian 553.60 Wit. seg., which became effective ©ctaber 1, 198{3, shall be in effect during the period of construction of the project. The Bidder by signing and submitting the bid.is, in writing, assuring that it will perform any trench excavation in accordance with the applicable trench safety standards. The Bidder further identifies the foilawing separate item of cost of compliance with the applicable trench safety standards as well as the method of compliance. Method of Compliance Cost Bidder acknowledges that this cost is included in the applicable items of the Proposal and in the Grand Total Bid Priae. Failure to complete the above may result in the bid being declared non-responsive. The Bidder is, and the Gwner and Engineer are not, responsible to review or assess City's safety ~..- precautions, programs or costs, or the means, me#hods, techniques or technique adequacy, rea- sonableness of cost, sequences ar procedures of any safety precaution, program or cost, including but not (united to, compliance with any and alt requirements of Florida Statute Secfion 553.6p et. sec .cited as the "Trench Safety Act". Bidder is, and the City and Engineer are not, responsible to determine if any safety ar safely related standards apply to the project, including, but not iimited ta, the "Trench Safety Act". .:.,..{ P-10 QUESTfOfVNAIRE The undersigned guarantees the truth and accuracy of all statements and answers herein conta~nea. 1. How many years has your organization been in business in the State of Florida as a Gantractor? ~~.~ ~. What is the last project of this nature that you have completed? ~ ~m ~~ ~, ~ ~ ~q ~ °° 3. Have you ever failed to complete work- awarded to you: if so where and why? 4. Name three individuals or corporations for which you have performed work and to which you refer? ~ e it~ ~ ~ ~ ~ ~ a~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ 5. List the faiiawing information concerning aEl contracts on hand as of the date of submission of this proposal. (in case of co-venture, fist the information of ali cn-venturers). TOTAL COI~iTRAGTE=©. %C3F NAME OF COfV~'RACT GATElOF GOMPLETiON PROJECT OWNER VALUE COiyi=?LETfON TO GATE (Continue fist an inserk sheet, .if needed) 6. Nave you persorsalay inspected fhe proposed work and have you a complete pion far its perfn~manee? ~~ _. - _ .__- _. ~ \f 7.... Will you sublet,any part of this work? If so, give details. ~~ $~ ~ ..... _. 8. What equipment do you own that is avaiiab[e for the wank? (Attach additional sheets as necessary) i I ? } ~. 0 ~ a 3 y T ~ g ~ $ ~:e. ~ sP cd f J n ~3 J & sr~o~ 7 ^a ear ~"~'~ '~' 4t. ~ ;~ ~ / d .;I uhf ~ d > _°""`~. P-16 __ ,~~ ................. . ~. 9. What equipment will you purchase for the proposed work'? ~~ \ 10. Vllhat equipment will you rent for the prapased work? ,~°~ ~ _ , State the true, exact, correct and complete name of the partnership, corporation ar trade name under which you do business and the address of the place a; fusiness. (if a corporation, state the name of the President and Secretary. If a partnership, state fhe names of afl partners. if a trade name, state the names of the business under the trade name. It is absolutely necessary that this information be furnished). . ~ ~~ " ~~ L Correct Name of Bidder a a) The business is a (Sole Proprietorship) (Partnership) (Corporation) ~ ~~°~° b) The address of principal place of business is 3 ' ~ ~ ~' ~ ~~ c) The names of the corporate officers or partners, or individuals doing business under a trade name, is as follows: 0 n ~I~ Signature of Bidder ley: .~'~~~:~.~-°.°~°~. ~ Print Name:_ ~~'~ ~ l~ _~ ~~ ~ ~ .~ ~ ~ e Business Address: ~ ~ ~°~-,3'~~°°' ~ t~ 9 Incorporated under the Paws of the State of ~ ~a ~ a ~ °'~` F-17 approval has been received by CONSULTANT at least ten days prior to the date for receipt of Bids. Furthermore, no substitutions will be permitted in the absence of the express written consent of CONSULTANT. 10. Subcontractors, Suppliers and Others. 10.1. If the Bid Form requires the identity of certain Subcontractors, Suppliers and other persons and organizations, including those who are to furnish the principal items of material and equipment, to be submitted, the Bidder shall provide such identification. If requested by the CITY or CONSULTANT, Bidder shall provide an experience statement with pertinent information regarding similar projects and other evidence of qualification for each Subcontractor, supplier, person or organization. If the CITY or CONSULTANT after due investigation has reasonable objection to any proposed Subcontractor, supplier, other person or organization, either may, before the Notice of Tentative Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any such substitution, the CITY may retract its award of the Contract to Bidder and_award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid Security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom the CITY or CONSULTANT does not make written objection prior to the giving of the Notice of Tentative Award will be deemed acceptable to the CITY and CONSULTANT subject to revocation of such acceptance after the Effective Date of the Agreement. Subcontractors shall not be changed without the approval of the CITY and the CONSULTANT. No ac- ceptance by the CITY or CONSULTANT of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the CITY or CONSULTANT to reject defective work or materials not conforming with these specifications. 10.2. In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a Fee, the apparent successful Bidder, as a condition precedent to being awarded the Contract, shall identify in writing to the CITY those portions of the Work that such Bidder proposes to subcontract. If the Bidder is awarded the Contract based upon such representations, it is precluded from subcontracting out any additional portions of the Work. 10.3. 11. Bid Form. 11.1. Bids must be submitted on the Bid Form formulated by the CITY. The Bid Form is included with the Bidding Documents; additional copies may be obtained from CONSULTANT. Failure to submit a Bid on the Bid Form provided herein or to fully complete the Bid in accordance with these instructions renders the Bid void and shall not be considered for award by the CITY. 11.2. All blanks on the Bid Form must be completed in ink or by typewriter and the Bidder will be responsible for its correctness. IB-6 No Bidder shall be required to employ any Subcontractor, other person or organization against whom Bidder has reasonable objection. MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, Engineer-in-Training Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 11, 2008 SUBJECT: AGENDA ITEM 8.L.3 -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 CONTRACT AWARD//ROSSO PAVING & DRAINAGE INC./BIKE LANES ITEM BEFORE COMMISSION This item is before the Commission to award the contract to Rosso Paving & Drainage Inc. for the construction of Bike Lanes along Homewood Boulevard between Lowson Boulevard and W. Atlantic Avenue in the amount of $480,217.00. BACKGROUND The City was awarded a Federal Enhancement Grant of $500.000.00 to pay for the construction of bike lanes along Homewood Boulevard between Lowson Boulevard and W Atlantic Avenue. The proposed bike lanes will be on both sides of Homewood Boulevard. Atlantic Avenue currently has undesignated bicycle lanes between Homewood Boulevard and the new High School, which is approximately 1,500 feet east of Homewood Boulevard. This project would extend these existing bicycle lanes to allow those students within atwo-mile radius of the new school a safer means of traveling to and from school. This project was designed in-house. The engineering staff reviewed the bids and concluded that the contract should be awarded to Rosso Paving & Drainage Inc. in the amount of $480,217.00. Attached are the bid tab and location map. FUNDING SOURCE Funding is available from Account number 334-3162-541-68.46 RECOMMENDATION Staff recommendations approval. 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N T ylm C wxx W ~ ~ ~ ° ~ ~; T L ~ S . R , a 0 & ) 1~ ^ r nnn. a a w J xxxxx xxxxruvv. 3 ~ ~? O ~ m - W © ~- o Q o ~ 3 w N w ~ ~ ~ Z w p w ~ _ ~ Z Q _~ ~ <VS„' €~~' iQ!'r ~C?r x~ ~Z} ~\ / ~ = O _ \~~~ Y~ r Urxxxxxxxxxxx mmmmmmmmmmmmmmmmmmmm~~~~~~~~~~~~~~~~~~~~~ L O W S O N B O U L E V A R D r ~; r .xxxxx, xxxxxxx~ L I N T O N B Q U L E V A R D CITY of DELRAY BEACH EXHIBIT A oni~~u-a~=~ao ENVIROMIENTAL SERVICES DEPARTM6VT HONIEVYOOD BLVB. - LOYVSON BLVD. TO A1LAN11C AVE. ~ooae~ x,b~ 44t SOl1IM SWN71~N AV~A~ OdlIAY ~Ad{ Rawcw am4ss 2004-049 ~ 0 f ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Jim Schmitz, Deputy Director of Public Works Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 5, 2008 SUBJECT: AGENDA ITEM 8.L.4 -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 PURCHASE AWARD/AMERICAN TRAFFIC PRODUCTS AND SERVICES ITEM BEFORE COMMISSION This item is before the Commission to approve a Purchase Award to American Traffic Products and Services in the total amount of $19,583.80 for the City's yearly supply of signs and sign supplies. BACKGROUND The supply of signs and sign supplies will be used during the year by the Public Works Department for all City signs. Three (3) quotes were obtained for each item: aluminum sign blanks and galvanized sign posts. All quotes are attached for your reference. Quotes received were as follows: Aluminum Sign Blanks American Traffic Products & Services: $10,507.80 Municipal Supply & Sign Company: $10,828.50 Signing America Corporation: $16,030.70 Galvanized Si nn American Traffic Products & Services: $ 9,076.00 Municipal Supply & Sign Company: $10,260.00 Signing America Corporation: $11,846.00 American Traffic Products and Services submitted low quotes for both sign items for a total cost of $19,583.80. FUNDING SOURCE Funding is available from 001-3141-541-52.20 (General Fund/Operating Supplies/General Operating Supplies). RECOMMENDATION Staff recommends approval of a Purchase Award to American Traffic Products and Services in the total amount of $19,583.80 for the City's yearly supply of signs and sign supplies. 1 ~ ~{i ! i e ~~~ ,. ~~ . ~- -~ ~T~~~~.~~ , A,rrlerican Traffic Products Fx Serv9ces INVOICE # D60971 Where every Customer Is Special DATE: NOVEMBER 12, 2008 10665 228th Lane south Boca Raton. FI_ 33428 Purchase Order: NA Phone (561) 329-15b8 BILL City of Delray Beach T~ 100 NW 1 '` Avenue Delray Beach, FL 33444 Customer ID 91 i4 SHIP City of Delray Beach To 434 5 Swinton Avenue Delray 5each, FI. 33444 Customer ID 9114 SALESPERSON JOS . ----- SHIPPING TERMS _.... . ~., . .. DELIVERY DATA PAYMENT TERMS _..~,~.....~.....m.~, 203 ,..~..,. . Traffic D~partmcnt ____. _._._.. . . NA NA NA ITEM QUANTITY DESCRIPTION UNIT PRICE LINE TOTAL _.~ 1 50 .80 12" x 6" Aluminum blanks $1,46 $73.00 2 200 .SD 12" x 18" Aluminum blanks $4.67 5934.00 3 4D .80 18" x 24" Aluminum blanks 58.20 $3Z$.DO 4 50 _80 24" x 8" Aluminum planks $4.10 $205.OD 5 5D .80 24" x Z4" Aluminum blanks $12.50 $b25.00 6 100 .80 24" x 30" Aluminum blanks $15.50 $1,550.00 7 50 .80 3D" x 8" Aluminum blanks $5.00 $250.00 s 50 .80 30" x 3D" Aluminum blank X18.56 $928.00 9 150 .80 36" x 3G" Octagon (stop sign) $15.75 52,362.50 10 50 .80 30" x 36" Aluminum blanks 22.13 $1 ,1D6.5O 11 30 .80 36" x 1Z," Aluminum blanks 57.94 Sz14.2Q 1z 20 .80 36" x 36" Aluminum bunks $24.00 $48p.04 13 50 .8D 36" x 8" Aluminum blanks $5.12 $2,5b.D0 14 20 .84 24" x 48" Aluminum blanks $23.78 $475,64 15 20 48" x 48" Aluminum blanks lschool speed limit) $3G,00 $72o.Da Q ~/ ©~ Subtotal $1D,507,80 Tax Exempt T°tal 510.~o7.so I _I i i ~ i put r~cripk from Chc transportakion compony consCitutas delivery in good order, please inspect for damages to woods in transit, Make all checks payable to American Traffic PrOduCkS >;t Services Inc. THANIS YOU FOR YOUR f3U51NE5Sl ;, : ~ ~ ' '~ ~ ~ j ._ ~!1 ~ 1 ~I~ `~ a.5 ~~ ~~ ~ "f W. -~7r! _.... _ ~ . _ ~ at7 ,_.. _ ._. ~.3J~~ _.. ! ,.., _ ... _,, z . :_.. ~~ /4..~V. ,. ~Iy~, ~. ~F ~ ~ ~ ~~Y Y ~ ~i ~~ ~ l"~~ r ~ y ~,g y~ nByF ~,IA A~ `'~id ~ ~~7 3! ~~1~~ ,k1 .`! , 1 E it J i ~ ~. ~l~ is t~l;~ ~ ~ ~~~'lt,~: i.~i,~ ~, ~~ ,: ~ ,' .,f' ,''!~ , it ! ~ ~~~':! Signiz~.~; A13aeric~ Cof°~oration 1 ~~`~~~~ ~ ~ 5700 C(~~tFi~abi~t Ci1-c!e ' 1r-~w~ ~ r~ a ~a~ . d_ 1Vest PaPz~1. Beach, rL 33407 tame /address City o~IJelray Beach 434 S SWII~ITON AVE DELRAY BEACH, FL 33444 ATTN: 4'LrBLfC. WC?RKS C3afe ~sfimate # 9/3(1/?(7(18 1.327 Ship To Cityo€I~elray Beach t00I~W 1st Ave BELRAY BEACI4, FL 33444 ATTN: PC.J$L.1C. WC91iICS/si~tt slic'~p P.4. ~Vo. Rep !'t~ Description Qty Cost Totai *** REV3~ID QUOTE. SUPERCf;:1]F.S ALL OTHEitS**~ 32 X ~ 50 1.98 49.00 ) 2 X f 8 200 5.40 [,0811.0(1 18 ~ 24 40 1?.b0 504.00 {{ 24 X 8 50 5.28 264.00 (24X24 50 .5.84 75200 24 X 30 1.00 17.99 1,799.00 3U X 8 50 6.60 330.00 30 A .:0 _4(1 24.75 (,237.50 RI-130h11LJHINTENSI'TYS'I'OP t50 33.15 4,97?,50 30 ~ 36 50 29.70 1,485,00 36 X 12 311 999 299.70 36 X 36 21'1 37.80 756 00 36 X 8 5tl 7.92 . 39G.0Q 24 ~ 48 2Q 33.60 {i72 t)U 48 X 48 2t) 67.20 . ).,344.E)0 ~U'~~t1~ 5ale~ T~~ (4.U°/A~ ~°®tB Signature X Phone ~# Fax # email Web Site Sfit-842-3465 56t-842-7925 sales~rsi~siiu6america.cc~m www.sig~3i~3~~anerict4.com Page 1 Si~;n.ii7g ~n7erlca Cat-paratios~I ~~~~~ ~ ~~ ~ 5700 Columbia Circle ~~c~u West Palm T3eacla, FL 33407 1 Name /Address l City of Betray Beach 4:i4 S SWINTON AVL' I3f?LRAY E3FlAC;H:, FL 33A~4 A`C`I'N: 1'UEiI_iC' WORKS Date Estimate # 9/.3(?/2008 13?7 s~r~ ~'o City ot'I)elray Bench I(IONW IstAvc DELRAY BEAC''H, FL 33444 AT`I1V: PU~3L1C" WORKS/sign shop P.O. fro. Rep PL Description Qty Cost Total ALL SIGNS .f18f1 AI,I1tvIINLiM 51352 R-32 .f)8O 5052 }~~-38 ALODIN`G TRT?A'1T.'.I~ AVAILABL); FOK ADDITIONAL i4`% C`US`COMER TO 5PT%CIFY EIC}LI? PATTERNS ON SC~[7A,RI/ PANELS BLANKS Wi:C,L I-IAVI' W' STANDARD MLITCD RADILS C:C)RNI:RS ALL DtIvILN51()I~1S AR.E W€DTII X. HEIGII'I' - WE WILL: BI;A"C ANY COMPETITOR'S FAkED C?U01"E BY A F[JI,L; 5°.0 - T3EI_,IVERFD PRICES ~ Ll f3 ~~$~ w S i 6,03o.7f) ~a~S TAX (Q.0®/o) sa.t}{) ~~~~ SI~,o3o.7tr Phone # 561-842-3465 Pax # 561-842-7925 Signature X E-rrtail sales@sigttingamerica. can. Page 2 Web Site www. si.gningamerica. coax -- - - ~"~-jl Amen~can Traffic 'roduc~s F~ Services Where Every Customer Is Special 1 D665 228`h Lane south Boca Raton, Fl_ 33428 Phone {561)329-1568 INVOICE # fl8.0972 DATE: OCTOBER 29, 2C1p8 Purchase Order: NA BILL City of Delray Beach TO 1D0 NW 1"Avenue Delray Beach, FL 33444 Customer iD 9114 SHIP City of Delray Beach To 434 S Swinton Avenue Delray Beach, FL 33444 Custor*~er ID 9114 SALESPERSON JOEL SHIPPING TERMS pELIVERY DATE PAYMfNTTfRN~S 203 Traffic Department-- - NA ~ NA- ------ --NA -----~ 1~~ QtSAN ~'{TY DESCR#PTION ~ UNlT PRi~E ' L{Nf TOTAL € 1 2DD 1Z' 2 x 2 Galvanized square post $22.92 $4,584.DD 2 2DD 1D' 2 x 2 Galvanized square post i I i ? $22.46 ~ ~ $4,492.DD I Q~ o~~ 1 f Subtotal i $9,D76.DD Tax Exempt 1 33 33 3 Total $9,076.DD ~u~ ce~eiP~ iiviii €aie ud~ssPu€ia~wsi wiii~ra~iy c.viuci~uces ueuve:y €r~ ~uuu uiuer, la~ease inspec~ rpr aamages to goons in transst. Make all checks payable to American Traffic Products ~t Services Inc. THANK YOU FOR YDUR BUSlNES51 Si~nil~g America Cnrpnratinn '~~3~ "~j ~~~~ ;t 5700 Cohunbia Circle 6`,r~c~r;tr ~ west 1'ala~a Beach, FL 33407 ~..,, I Name 1 Address G City of Delray Beach 434 S SWINTON AVE DELRAY BEACH, I~L 33444 ATTN: PUBLIC WORKS 5~~~11~~ bate Estimate # 10/28/2048 1386 Ship To City of Delray Beach 100 NW 1st Ave BELRAY BEACH, FL 33444 ATTIl: PUBLIC WORKS/sign shop P.O. No. Rep PL C3escriptian Qty Cost Total *** REVISED QU©TE. SUPERCEDES ALI., OTI-t.S~RS*** 2" X 2" X .090 X 12` ALUMINUM SQUARE TI1BE 1-314" X 1-314" X .125 X 10' ALUMINUM SQUARE TUBE - WE WILL BEAT ANY COMPETITOR`S FAXED QUOTL BY A FULL 5°/a - DELIVERED PR1CI5 200 200 28.93 30.30 5,786.00 6,060.00 SlJl~3~Q$~~ $1 1,846.00 SBIBS T~~ ~~.~}%~ $0.00 T®~a~ $11,84b.00 Signature X Phone # Fax # E-mail Web Site 561-$42-3465 561-842-7925 saicsGsig~~izagamerica.coan www.sig~iiiigamerica.com MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: November 3, 2008 SUBJECT: AGENDA ITEM 8.L.5 -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 PURCHASE AWARD/TANNER INDUSTRIES ITEM BEFORE COMMISSION City Commission is requested to approve a Blanket Purchase Order with Tanner Industries, Inc. for the purchase of anhydrous ammonia at an estimated cost of $50,000.00. This agenda award will be for the period of November 2008 through September 30, 2009. BACKGROUND Anhydrous ammonia is used in the water treatment process to produce chloramines, which provides a disinfectant residual in the drinking water. Tanner Industries, Inc. has agreed to extend to the City of Delray Beach the price of $.82 per pound via the City of St. Augustine contract for the supply and delivery of anhydrous ammonia as stated on attached letter dated September 15, 2008. Tanner Industries, Inc. is the City's current vendor and the product, per the Water Treatment Plant Manager, has been consistently of good quality and delivered on time. FUNDING SOURCE 441-5122-536.52-21 WATER AND SEWER/CHEMICALS RECOMMENDATION Staff recommends award to Tanner Industries, Inc. for the purchase of anhydrous ammonia via the City of St. Augustine, Florida contract # PW2007-OS at $.82 per delivered pound for an estimated annual usage of $50,000.00. T TANNER INDUSTRIES INC. Ms. Patsy Nadal City of Delray Beach 100 N.W. 1St Avenue Delray Beach, FL 33444 Via email: nadal(a~ci.delray-beach.fl.us Dear Ms. Nadal: You are currently piggy-backing off the City of St. Augustine, FL bid for the supply of anhydrous ammonia. Please note that the current contract expires September 30, 2008. Contract is being extended for one year at a price of $.82 per pound delivered. Term of contract is October 1, 200$ thru September 30, 2009. All other terms and conditions remain unchanged. Pricing for deliveries to the City of Delray Beach, FL is being updated accordingly. If we maybe of any further service, please do not hesitate to contact us. Sincerely, Tanner Industries, Inc. ~ ~~,~ ~~ ~ ~°~-w David L. Pasquarella Sales Supervisor 735 DAVISVILLF ROAD, THIRD FLOOR SOUTHAMPTON, PA 18966-3200 215-322-1238 FAX 215-322-7725 www.tannerind,com Nadal, Pafis From: Bullard, John Sent: Wednesday, October 29, 2008 9:54 AM To: Nadal, Patsy Subject: FW: Emailing: Tanner-Ammonia.pdf -----Original Message----- From: Bullard, John Sent: Thursday, October 02, 2008 11:46 AM To: Nadal, Patsy Cc: Montgomery, Gloria Subject: RE: Emailing: Tanner-Ammonia.pdf Hi Patsy, 1. We will want to continue with Tanner. They are the only anhydrous ammonia company we have dealt with and their service and product have been consistently good throughout the years. 2. Yes. 3. The annual total cost is estimated at $50,000 441-51.22-536-52-21. The account number is Thanks again for all of your help, Jahn -----Original Message----- From: Nadal, Patsy Sent: Tuesday, September 30, 2008 1:18 PM To: Bullard, John Cc: Nadal, Patsy Subject: Emailing: Tanner-Ammonia.pdf John; Attached is the letter from Tanner Tnd. For the supply of anhydrous ammonia. The contract has been extended with a price increase. New term: 10.01.2008 thru 09.01.2009. 1. Da you want to continue with Tanner? Need comments if yes or no. 2. Will you be requesting a Comm. Agenda? 3. If yes, I will need your annual. total for Commission and your account number. The message is ready to be sent with the following file or link attachments: Tanner-Ammonia.pdf Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: November 12, 2008 SUBJECT: AGENDA ITEM 8.L.6 -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 PURCHASE AWARD/BEAR PAW ITEM BEFORE COMMISSION The Delray Beach Police Department (D.B.P.D.) has received approval from Palm Beach County's 911 Administrator to reimburse the City for the cost of a replacement 911 recorder. The Department requests Commission approval retroactively for the purchase of the replacement recorder from Bear Paw in the amount of $57,854. This recording system is critical to safe and effective 911 functioning. BACKGROUND The 911 recording system records all phone and radio transmissions in the dispatch center. It is necessary for officer safety (immediate play-back of radio transmissions for clarity in emergency situations) as well as for public records requests. The Police Department's Dictaphone 911 recording system was three years old and experiencing frequent crashes. The original company that sold the Dictaphone system has gone out of business, and a company called "NICE" took over their service contracts. The Department experienced significant problems with the Dictaphone system and the new company. The system would stop recording without notification via an alarm. Due to this problem, sometimes we have been unaware that the system was not recording and have therefore been unable to comply with some requests for copies of 911 calls. This includes several public records requests as well as a request from the Public Defender's office. Further, the service company is only available Monday -Friday 9:00 am - 5:00 pm, which is not sufficient fora 24/7 operation. They do not seem to have local technicians, so in situations where the problem could not be resolved remotely, it has taken several days for a technician to arrive on-site .Even when NICE was able to restore the system by dialing in, it required assistance from Department staff and tied up a work station for hours. Due to these problems and similar experiences other municipalities reported with NICE, this Department could not consider using them to replace the current system. The system that was selected to replace the Dictaphone is a 48 channel Audiolog MAX Pro recording system purchased from Bear Paw and produced by Verint. The VERINT Audiolog System is currently the industry standard, and Bear Paw is their only local partner (see attached sole-source letter). A local partner is important because of the need to have a technician on-site quickly whenever necessary, due to the critical life-saving nature of the 911 system. This system is used by numerous municipalities (see attached list), all of whom report satisfaction with both the system and the service. Our telecommunications manager tested the system in Boynton prior to purchase. FUNDING SOURCE Funding is available in 001-2111-521-64.12 and is fully reimbursable through the County's 911 Administration. RECOMMENDATION The Police Department recommends approval. Cr - BEAR PAW PRE-INSTALLATION CHECKLIST -COMPLETED AND SIGNED BY CUSTOMER, RETURNED TO BEAR PAW PRIOR TO INSTALL DATE - VPN connection for remote maintenance and upgrades - Rack with shelves, audio cables, power cables, LAN cables and hubs. - Anti-Yrus Software - UPS Power - All necessary LAN and telephany switch companents to interface with tha Audiolog System. - Static LAN IP address for server. - Training faalities. - Proper audio and data inputs to the systems. - Maintenance of all cable and wiring associated with the system. V 7 L' 1 _ ,~ .... - ;.. ,~i1::..~~:::,~~;.. ~a ~ ^ ~ i ,~ -. -• . ~~~ :. ~.. _ - ~.: ,~ .. - r r ~ ~ rat Nov 12 O8 12:44p Verint Systems 1(432) 505-6855 p.1 Frnm The Desk oP: _ Tommaso Ma~rrar Director -Strategic Allliances Sharon L'Herrou Date: November 12, 2008 Administrative Officer Delray Beach Police Dept. PH : (561) 243-7$52 Fax. (561} 243-7$15 Dear Ms. L'Herrou, Verint Systems purchased the assets of Mercom Systems in July 2005; as such, Verint Systems is now the sole manufacturer and owner of all the intellectual property that comprises the Audiolog solution globally. Bear Paw Systems is Verint's Business Partner in Florida; they have obtained the highest level of certification on the Audiolog platform which allows them to Design, install & Service the Audiolog Solution to our strict standards. To date, Bear Paw Systems has had an outstanding record of customer satisfaction for both the pre-sales and past-sales process. Verint works very closely with its Business Partner Community to ensure a "white glove" delivery of solutions to our customers. Should you or any member of your organization require any additional information, you always have direct access to Verint at any time. Corporate Headquarters - 33D South Service Raad -Melville, NY 11747 Remote Offiice - 5999 Hampton Corners south -Hilliard, off 43026 Tel: (614] 771-$791 J Mobilie: (614] 284-6020 / Tammaso.mauroCaj~erint.cam MEMORANDUM TO: Mayor and City Commissioners FROM: Joesph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: November 13, 2008 SUBJECT: AGENDA ITEM 8.L.7 -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 PURCHASE AWARD/SOUTHERN SEWER EQUIPMENT ITEM BEFORE COMMISSION City Commission is requested to approve award to Southern Sewer Equipment Sales for the purchase of one (1) 2008 Vac-Con Sewer Cleaner Truck model VPD4212LHA/1300 with mounted and installed options for Stormwater Utilities Maintenance in the amount of $287,506.00. Pricing based on the City of Jacksonville, Florida approved purchase Bid No. XF-0485-08, dated 07/02/2008. BACKGROUND The City currently operates two (2) Vac-Con trucks in the wastewater division of the Water/Sewer network. One (1) truck has been shared with the Storm Water Utilities staff in Public Works to clean storm drainage pipes for maintenance purposes and to comply with NPDES requirements. Due to the workload in Utilities, the storm water cleaning has been very limited and when equipment failures occur, it creates a backlog. A third Vac-Con truck is needed for exclusive use by the Stormwater Maintenance Division in order to maintain the City's storm water system as it should be and to ensure compliance with NPDES permit requirements. Information is attached from the Fleet Maintenance Superintendent comparing our proposed purchase to some other local government's purchases. FUNDING SOURCE 448-5461-538.64-25 STORM WATER UTILITY FUND /MACHINERY/EQUIPMENT RECOMMENDATION Staff recommends purchase award to Southern Sewer Equipment Sales for the purchase of one (1) Vac- Con Sewer Cleaner Truck with mounted and installed options for the total amount of $287,506.00, per pricing based on the City of Jacksonville, Florida approved purchase Bid No. XF-0485-08, dated 07/02/2008. NOV. ~, 24a$ 8:49AM SOUT~#ERN SEWER EOIf rP NO. ~42~ ~. ~ SOUTHERN SEINER EQUIPMENT SALES 34~D9 lndustria! 2T~h 5t.. Ft_ Pierce, FL 3494 X727 595-9'l7'1 FtUC • i -~oo~~s2-~ ~ 34 ~ ~~72} X95-694D "A Ce~ified MBA ~Varn~n Owned Lra~ine~~" Mr. Scott Solomon City of Delray Betteh 434 S. Swinton Avenue Delray Beach, F1133~44 Z3e~ Mr. SoIomoa, ~ovexober 4-, 24DS This icdtax is to ceztifp Southern. Sewer Equipment Sales will bonar a pwrc~ase ard~ l~ro~aa the City of Delray Beach on a ae~w Vac-Con Sewe£ Cleaner basal on tho atk-ahed equipment list (additional op'txoa~s axtd deciuctioas included). Pricing based on the City of3ackson~rille Bid No, ~R0485-OS. Base Price far City of Jacksonville Bid Nn. ~-4455-Q8 :..............~281,488.00 ,Add/Dcle~ ~plions :............................................... 6$ ,A18.04 To~rar.: sa~~,~a~.oo Southern Sewer Fcluipment Bales appreciates the oppaxtunity to provide the Czty al'De~ay ~ Beach with a new Vac-Con Sewer Clearer Please feeX bCee to contact Fernando Ortiz ar myself at (S00) 7$2-4134,tfyou have any qucstion5. Szuceraly. Arenny 1lrlitolaem Sales Coordi~stor Czysta~ Repozts V~ewe~r Main Re~drt , 1 of 2 ~ ~~ f DO% ;~` ~°hr~. riz,t~d, ~~~1~>,, Purchase Order Chy MJ9Cki0ilYl11~ 197 W. Duval S>is•~ J+eclt>etxtvlll4, FL 75202 Y fl N YYrttlor Nulndal : 0+100625 O 3otdbem 8er~ler t?qufpmmd Sales ~ '~ 3<O>< FttGUtdflll2lth StMet ~ r~faCCe, FL 34A46 PE7 Dale= 071t12~2 dyer Nlarifyn lafdlR Pltana ~ Isw> saa - »aa Fob: F.b.a., Doanneflon Fenno: Ntr180 ~alnf.bauoR a rn~.r~. Rest NfltMpentdtt IHYEeFQR , 2lis1 Gem~aa~lile>lHII Ave. Jac&sonvllle, FL 72261 AIeGt dawid Johneoa, a! (6QI~1-StOa :, o,a - PLlfCt1338 Ofd9r .'~h.un~, PO8t38s61 Purchase oniar At3. PACKING; 861P6 I1~iViJiGw$ ~i ANb GtlitRE3PG1NCI~NG>:: N.US~ ill REFFA~NGE 1'MIS NUMf3..~t. mm~lrlFatral3oet a Rneroe ...,,....~-.~ weeal~s o ii7tM Quvatl3tree! ' ! JackaonviHe, w•L af202 4 M Dapartme~t 61A Number Requl><Itlon DlumDar Dvlkary Daltr AOminls(ttrtk0&Flnenoa Rl»L~4389b7 92n~ope Hem [I~mipllon 4oe»tity llnk l.fiilPPlra 'Total ~ FMemelione17400 lleiarm ~ Truk ~xteh4r, yVIH1P IrHellar Grey SN),~ 7.00 96 G it xF Y S ~ ' '~' EA ~'194.488.Oq 32Fi9.40n.na a - S agprx3Y J p 5w1 aF5R311 value }tvlri 819 Llrill tr49e~-il f SuAbotal: ~R81,488.V4 Freight $a,pp Discovr,t. av.aa TOTAL: $281,488.88 THi3 OH6ER [S SUBJECT TO THE CEHERAI CONO]TipNt: ATrACNH01~1~RE-fO. Ayprwed Ciy Mlchgq] R18pBaQtlle, Chief IvliW UFAGTURER'3 FEQERAL EXCISE TA% EXEMPT NQ: ~6-Q724>< PfoCtlretlleM tllvlslan FL4RICA B'SA"ffP £ALC$ Af117 U5~ tq~( EAEMPT76N NO: OS-B012827BO7G-B ~~ ~~1 F~gvly;4 0619: 91 11 413 0 08 .it't~S://1a~DT'O.coi.netl~so/shat`e/CrvstaliZennrt..~cl~?r~:nnrtic~= 11 Rrr,nT~Th,=PflltflAdFl .QrrP17~T1-„-~ '71~I~rnnQ Wage 1 0£ 2 c`iystal ~~~ NOV. 5, 2$p$ B:49AM SOUT~lIRN SEWER EQUIP N0. 542$ ~. 3 ~clu.iym~nt List City ofJ~elxay Beach Nov'emb~- 4, 2005 2008 Yoe-Can Model VPI3421~LHA/I300 12 Cubic Xaxd Debzi~ Body Roots 827 Pasiti~-e S~lecement Blower hydrostatic Drive £s~r ~Tacuum System 1.300 Gallon Water Capacity Front Moutrted, 180 Degree Ariiculata~ag~ Hose Reel 80 GF~i Q, 2000 PSI Water Rime Po~vezsd. by Diesel Auxiliary Engi~re Full opening Roax Door w7itla l~ydeauIic Door Latches Automatic Vacuum $xealrex sys~ lG' Telescoping Boom Remote So4m C3x~ase Zeric Assembly 20' of.AJ,u~iolun.'~Iacuanl Tubes Additlamal 30' o~Atuttrinum Vacuum Tubes with Clamps S00' x 1" Sewer dose dose Guide Spare Hose Guide loose Footage Couritez Sto~.ge $o~ Mounted Behind the Cab D$bris Tank Flushing System, 5 Jots G" Butkcrfly Valve with 10' Flat Dose 2.5" Dxarueter F11 System, Ynspe~faazr Ports ~ Si~# Gauge Cycloae S~grea#oz Hand Held Shat Light Fzo:nt aid. Rear Mounted LED Strobe sights with Limb wards LEA Arrawbnazd Body Lead Limit Alarm, Lcve1 J~rdicator Lflw water . wrth Light Back Up Alarm Reaia~ Vision Back Up Camera Hydz~aulic Folding pipe Rack SO' Capacitor Retractablo Hand Gtrn Hose Reel ,Aluminum Storm Naxzle Satutary and pcrretsatoz Nozzles Auxiliary Engine Kill Switch Rear Mounted Taw ~oo~CS 1~'ize E,guisher 2 Year Vac-Cow Warranty Mounted. Gz~: 2009 Internatipnal 7400 T~.crn Aarle 275 EF Diesel Exrgine ~4J~ison. Autamatxc Tiausmisslon Air Horn B~dpe Ab-9 Air Dryer To~rAL ~~[CIS....._......,...__............... s~s~,st-s.oa Smith, Douglas From: Rumell, Kevin Sent: Friday, November 14, 2008 2:05 PM To: Smith, Douglas Subject: RE: Vac-Con Doug, I've reviewed the specs on the Miami gardens truck and the Palm Coast truck, and have found some major differences in the truck specifications. Subsequently, I've spoken with Fernando Ortiz, sales representative from Southern Sewer and gained some other factual information. o The other trucks are built an a single rear axle chassis compared to the larger dual rear axle that we've spec'ed. o The other trucks are a different model Vac Can (V311 SHA/1000) o They are using a 3 stage centrifugal compressor instead of the Positive Displacement blower that we've spec'ed. o They appear to have downsized to the optional 9 yard debris tank with the lighter chassis o We have spec' ed an 11 yard debris tank o The International comes with a 2 year unlimited warranty and S year warranty on the engine including fuel injectors and engine electronics. o The International comes with free towing to the dealer for 3 Years / 36,000 miles for a warrantable repair. Additionally, it's always good to standardize when it makes economic sense. 'The people are familiar with the existing equipment, and we have the parts resources and training in place for the existing trucks. They also shared with me that the Sterling chassis will likely na longer be available after Jan. 1 Ste, so it might not even be do-able. gevin G. Rumell Fleet Maintenance Superintendent City of Delray Beach Office {561) 243-7333 Fax (561) 272-536G Email rumen@ci.delray-beach.fl.us From: Smith, Douglas Sent: Friday, November 14, 2008 12:53 PM To: Rumell, Kevin Subject: FW: Vac-Gorr Here is another one for comparison purposes; you can call me after you look at this. Doug Smith Assistanl City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7144 Fax: (56i) 243-7199 Email: smithd.~ci,delray=beach.fl.us From: Smith, Douglas Sent: Fridayr November 14, 2008 12:47 PM To: Rurrtell, Kevin Subject: Vac-Can 11/14/2008 Can you see if Southern Sewer Equipment can tell us what the difference in pricing is between the attached purchase from Miami Garciens and our pricing? Thanks, Daug Smith Assistant City Manager City of ~Y 13eaeh 100 NW 1st Avenue Dekay Beach, FL 33444 Phone: (561} 243-7144 Fax: (561) 243-7199 Email smithd(c~ci.delray-beach.fl.us 1/14/2008 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: November 12, 2008 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 CONDITIONAL USE REQUEST/DELRAY BEACH YACHT CLUB ITEM BEFORE COMMISSION Consideration of a request to re-establish a conditional use for the existing 8,316 sq. ft. two story building including a dining area, pool, and outdoor snack bar known as Delray Beach Yacht Club pursuant to pursuant to LDR Section 2.4.5(E). Pursuant to LDR Section 2.4.5(E)(6), when a conditional use is discontinued or abandoned for a continuous period of 180 days or more, or an intervening use is established, the conditional use may not be re-established without approval of a new conditional use application. BACKGROUND The property contains an existing two-story 8,316 square foot building previously occupied by a yacht club with dining facility, pool, and outdoor snack bar which ceased operation on February 21, 2006. At its meeting of March 6, 2006, the City Commission approved a conditional use request which included demolition of the existing yacht club and establishment of a new yacht club use to be known as "The Yacht Club at Delray Beach". At its meeting of April 26, 2006, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan application for the entire project (new yacht club and additional residential units). Subsequent extension requests have been granted and are valid untill March 6, 2012 (Conditional Use) and April 26, 2012 (Site Plan). Given recent market conditions the applicant is concerned with the absorption rate of the new proposed units and wishes to re-establish the previous yacht club in the interim while marketing for the new project continues. As the existing Delray Beach Yacht Club restaurant facility ceased operation for more that 180 days (restaurant became inactive on February 21, 2006) re-establishing the use requires a new conditional use request pursuant to LDR Section 2.4.5(E)(6). The Planning and Zoning Board will consider the request at their November 17, 2008 meeting and the results will be recounted at the City Commission meeting. Additional background information and full analysis of the proposal can be found in the original Planning and Zoning Board staff report, dated November 17, 2008. RECOMMENDATION Move approval of the request for a Conditional Use to re-establish a yacht club use to be known as Delray Beach Yacht Club, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Land Development Regulations, Section 2.4.5(E)(6), Section 4.3.4 and Chapter 3. subject to the following conditions: 1. That the applicant submits a Class I site plan modification indicating proposed upgrades to the subject property including but not limited to awning replacement, painting, signage, etc; 2. That when a building permit is issued for The Yacht Club at Delray Beach, the Conditional Use for the Delray Beach Yacht Club will automatically become null and void; and 3. That the roof of the Yacht Club Building be painted white and bright to conform with the neighborhood rooftops and that the pool and surrounding area be cleaned regularly and made attractive with flowering plants. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR DELRAY BEACH YACHT CLUB ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on November 18, 2008 to re-establish the Delray Beach Yacht Club, which is located within the Medium Density Residential (RM) Zoning District at 110 MacFarlane Drive. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the Delray Beach Yacht Club. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN A. Comprehensive Plan -Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs, subject to the conditions attached in Exhibit "A"? Yes No B. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met, subject to the conditions attached in Exhibit "A" with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No II. LDR REQUIREMENTS: A. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. B. Will the requirements of LDR Section 2.4.5(E) and Chapter 3 be met, subject to the conditions attached in Exhibit "A"? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request subject to condition set forth above and hereby adopts this Order this day of November, 2008, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 2 Exhibit "A" CONDITIONAL USE REQUEST FOR DELRAY BEACH YACHT CLUB 1. That the applicant submits a Class I site plan modification indicating proposed upgrades to the subject property including but not limited to awning replacement, painting, signage, etc.; 2. That when a building permit is issued for the Yacht Club at Delray Beach, the conditional use for the Delray Beach Yacht Club will automatically become null and void; and 3. That the roof of the Yacht Club building be painted white and bright to conform with the neighborhood rooftops and that the pool and surrounding area be cleaned regularly and made attractive with flowering plants. 3 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 17, 2008 AGENDA ITEM: ITEM: Conditional use request to re-establish the ©elray Beach Yacht Club, located on the west side of MacFarlane Drive between Miramar Avenue & Ingraham Street, south of East Atlantic Avenue (110 MacFarlane Drive) GENERAL DATA: Owner ......................... Delray Beach Yacht Club, LLC. Agent ......................... Weiner & Aronson, P.A. Location .......................... 110 MacFarlane Drive Property Size ................. Future Land Use Map.... Current Zoning ............... Adjacent Zaning....North: East: South: West: Existing Land Use.......... Proposed Land Use........ Water Service ................. 4.11 acres MD (Medium Density Residential) RM (Medium Density Residential) RM (Medium Density Residential) RM (Medium Density Residential) RM (Medium ^ensity Residential) Intracoastal Waterway Vacant building and Marina Yacht Club & Marina Existing on site. Sewer Service ................ Existing on site. CONIJO AT LANTIC A V E N U E a WATERWAY E COMMERClA CONDO Q 8AR `~ ~ HAR80UR CONDO w A~IRAM ~- 1NGRAHA SEAGATE TOWERS Q ~. Q 0 c~ Q z 0 Planning and Zoning Board Staff Report -November 17, 2008 Re-establish Conditional Use for Defray Beach Yacht Club - F~7'EM~O~RE TH-E ~~ -~D x . ~' The action before the Board is that of making a recommendation to the City Commission on a request for Conditional Use approval to re-establish the Delray Beach Yacht Club, pursuant to LDR Section 2.4.5{E)(6). The subject property is more specifically located on the west side of MacFarlane Drive, between Miramar Avenue & Ingraham Street, south of East Atlantic Avenue {110 MacFarlane Drive} and is zoned Medium Density Residential (RM). G' R O' lJ N t ;:; The property contains atwo-story 8,316 square foot building previously utilized as the yacht club with dining facility, pool, and outdoor snack bar. The yacht club was constructed in 1963 and has had several accessory building and parking additions since that time. On December 19, 1988, the Planning and Zoning Board, through a determination of similarity of use designated a "yacht club" as an allowable conditional use in the RM-15 zoning district. The existing clubhouse, boat docks and parking area were for the use of the Delray Yacht Club members only. The site is 4.11 acres in size with 2.10 acres is submerged lands utilized for docking facilities. At its meeting of March 6, 2006, the City Commission approved a conditional use request to establish a new yacht club facility in association with new condominium development to be known as the "Yacht Club at Delray Beach". At its meeting of April 26, 2006, the Site Plan Review and Appearance Board (SPRAB} approved a Class V site plan application which will include a 3,610 square foot yacht club clubhouse, and 44 boat slips. The yacht club contained a dock master's office, social hall, exercise room, men's and women's locker roomslrestrooms, sundeck & pool and was part of a larger redevelopment of the site which will include twenty (20} 3 bedroom, 3 bath residential condominiums units in a 4-story building. Subsequent extension requests have been granted and are valid till March 6, 2012 (Conditional Use) and April 26, 2012 (Site Plan}. Given recent market conditions the applicant is concerned with the absorbsion rate of the new proposed units and wishes to re-establish the previous yacht club in the interim while marketing continues. As the existing Delray Beach Yacht Club restaurant facility ceased operation for more that 180 days {restaurant became inactive on February 21, 2006} reestablishing the use requires a new conditional use request pursuant to LDR Section 2.4.5(E)(6}. - - _ --- - --"P R_0 J E.C,T. D E S~RII~ PT 14.N - _ The applicant plans to build a new Delray Beach Yacht club facility. The new facility will include a 3,610 square foot yacht clubhouse, and 44 boat slips. The yacht club will contain a dock master's office, socia[ hall, exercise room, men's and women's locker roomslrestrooms, sundeck & pool and will be part of a larger redevelopment of the site which will include twenty (20) 3 bedroom, 3 bath residential condominiums units in a 4-story building, Given the recent market conditions the applicant is concerned with the absorbsion rate of the new units, and thus, wishes to re-establish the previous yacht club in the interim while marketing of the new #acility continues. It is understood that the re-establishment of the interim conditional use will be void once the construction of the new Delray Beach Club facility begins. Planning and Zoning Board Staff Report -November 17, 2008 Re-establish Conditional Else for Delray Beach Yacht Club The request is to re-establish the Delray Beach Yacht Club with dining facility, pool, and outdoor snack bar. The facility will include an 8,316 sq.ft. 2-story building which includes a dining area and kitchen located on the second floor; and a pool, pool deck, outdoor snack bar, men's and women's rest roam, dock master's office, and storage area located on the first floor. The applicant has submitted the following narrative that describes the operation of the proposed club. The request is to re-establish the Delray Beach Yacht Club with dining facility, pool, and outdoor snack bar. The applicant has submitted the following narrative that describes the operation of the proposed club; "The purpose of the Delray beach Yacht Club is to service the community with a recreational Yacht Club facility that will be operated, with approximately 6 employees. The approximate hours of operation will be 8:30 a.m. - 5:00 p.m. all through-out the week. The location is the farmer Delray Beach Yacht Club building and is a location tailored fora Yachf club since it is located between the Intra- coastal water way and Macfarlane Drive. No exterior renovafions are planned other than possibly painting, signage, and replacing awnings in a similar fashion as was in place prior fo hurricane Wilma. Thus, traffic sfudies and surveys are not being provided. The Delray Beach Club has been operating as a private club since 1963. The maximum leafing capacity (existing since 1963) is approximately 240 seats, including outside seats by the pool. Use of club facilities will be limited to members only. The club limits membership and will continue to maintain a limited membership. Only Yachf Club members will be able to use the restaurant. Since the proposed dining area does not operate as a standard sit-down restaurant, if does not warrant the same parking calculation': Pursuant to LDR Section 4.4.6{D)(8), yacht clubs with facilities are allowed in the RM (Residential Medium Density} zoning district as a conditional use. It is noted that pursuant to LDR Section 2.4.5{E)(6), when a conditional use is discontinued or abandoned for a continuous period of 180 days, or an intervening use is estabAshed, the conditional use may not be re- established without approval of a new conditional use application. The occupational license for the yacht club restaurant facility became inactive on February 21, 2006. Since the Yacht club and occupational license has been inactive for more than 180 days, a new conditional use application has been submitted and is now before the Board for consideration. --~ - _. ~-~ ~, W- _ -_ ~ _ y ~~ fr .- _ - - l-T f~ N A L~;~ ~ - '~L Y:5 I .-' .. = ~-~~ -. -' REQUIRED FINDINGS: (Chapter 3}: Pursuant to Section 3.1.1 (Required Findings}, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. 2 Planning and Zoning Board Staff Report -November 17, 20Q8 Re-establish Conditional Use far Delray Beach Yacht Club The subject property has a Future Land Use Map (PLUM) designation of MD {Medium Density Residential) and a current zoning designation of RM (Medium Density Residential). The RM zoning is consistent and compatible with the MD PLUM designation as shown on the Future Land Use Map, and a "yacht club with facilities" is identified as a conditional use in the RM Zoning District. Thus, positive findings can be made with respect to PLUM consistency. CONCURRENCY: 1Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Given the previous use of the property as a yacht club, the following are the applicable public services that apply to the proposed re-establishment of the conditional use: Wafer.' Adequate existing water service is available to the site via lateral connection to an $" water main along MacFarlane Drive. Sewer.• Adequate existing sewer service is provided to the site via an $" sewer main along MacFarlane Drive. Streets and Traffic: No exterior renovations are planned other (than} maybe painting and signage. The Delray Beach Club has been operating as a private club since 1963. A traffic statement has been submitted by the applicant. The traffic statement appears to indicate that the re-establishment of the conditional use for the Delray Beach Yacht Club will have no significant effect on the existing trip generation rates associated with the previously existing marina facilities. The Defray Beach Yacht Club began to operate in 1963, and #hus, there will be no new trips generated by the facility. Ofher Facilities: Parks and recreation facilities do not apply to non-residential uses. The Delray Beach Yacht Club has operated since ~ 963, and thus, solid waste collection will be similar to the previous use of the property. It is noted that plenty of capacity is available in the land fill Based upon the above, a positive finding can be made with respect to concurrency. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required fndings In LDR Section 2.4.5(E)(5} for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use application are noted: 1=uture Land Use Element Ob'ective A-1 -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulf Its remaining land use needs. The property contains the existing two-story 8,316 square foot building which formerly housed the yacht club with dining facility, pool, and outdoor snack bar which were built in 1963. Re- establishment of the previous operations are proposed which will be limited to members only 3 Planning and Zoning Board Staff Report -November 17, 2008 Re-establish Conditional Use for Delray Beach Yacht Club and include a dining facility with a maximum seating capacity of 240 seats, including outside seats by the pool. Only Yacht Club members will be able to use the restaurant. The applicant plans to build a new Delray Beach Yach# club facility. The new facility will include a 3,610 square foot yacht clubhouse, and 44 boat slips. The yacht club will contain a dock master's ofFice, social hall, exercise room, men's and women's locker roomslrestrooms, sundeck & pool and will be part of a larger redevelopment of the site which will include twenty {20) 3 bedroom, 3 bath residential condominiums units in a 4-story building. The applicant will re-establish the previous yacht club in the interim while marketing of the new facility continues. It is understood that the re-establishment of the interim conditional use will be void ante the construction of the new Delray Beach Club facility begins. There are no known history of incompatibilities between the yacht club which has occupied the site since 1963 and adjacent residential uses. The development will be complimentary with the surrounding medium density residential developments. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use] Pursuant to Section 2.4.5(E){5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. As noted previously, the Delray Beach yacht Club has operated at the subject property since 1963 and there are no known incompatibilities with the surrounding neighborhood. Given the nature of the yacht club as a recreational facility with limited membership, the impact on traffic flow along MacFarlane Drive, Atlantic Avenue, and A-1-A should be minimal. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zonin Use North Medium Densi Residential RM Condominiums South Medium Densi Residential RM Condominiums East Medium Densi Residential RM Multi-Famil Dwellin s West Communi Facilities CF Intracoastal Waterwa The Delray Beach Yacht Club was built in 1963 and was in operation for more than 40 years, and thus, the use will not have a significantly detrimental effect upon the stability of the neighborhood. The re-establishing of this conditional use shall not hinder development or redevelopment of nearby properties COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request, a sketch plan was submitted which has been reviewed by staff. Based upon staffs review of the sketch plan and site inspections, the following has been noted. 4 Planning artd Zoning Board Staff Report - fVovember 17, 2008 Re-establish Conditional Use for Defray Beach Yacht Club Parking Requirements: LDR Section 4.6.9(C){6)(r), states that yacht dubs require one space per 1,000 sq.ft. of floor area and outdoor seatingleating area plus 0.5 spaces for each boat slip. The existing 8,315 square foot 2-story yacht club building with the ~4 boat slips is required to provide a total of 31 parking spaces. The site also contains a residential building which requires 30 parking spaces. A total of 81 parking spaces are provided on site far the use of the Delray Beach Yacht club and the residence building. There are 39 parking spaces that would be used by the club and the balance (50 spaces) will be used by the residence building, and thus, this LDR requirement has been met . Refuse Enclosure: Pursuant to LDR Section 4.6.6{C) {1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The Delray Beach Yacht Club facility includes an existing refuse enclosure with three roll out trash containers {including recyclables). The refuse enclosure has a 6' high wood fence with two swinging metal doors located along the east side of the subject property. A visit to the site proved that the refuse enclosure has been adequately screened by a hedge planted along the east property line and cannot be seen from the right-of--way. Thus, this LDR requirement has been met. Overall Landscap_i_n__g; A visit to the site has confirmed that the existing landscaping is well maintained and in compliance with the Land Development Regulations, and thus, there are no concerns regarding landscaping. Lighting• A visit to the site has confirmed that the existing lighting complies with the minimum standards required by the City of Delray Beach, and thus, there are no concerns regarding illumination of the parking areas. Handicap Accessible Parkin The Florida Accessibility Code for Building Construction and Federal ADA requirements for commercial properties require a number of handicap parking spaces based on the number of spaces provided in a parking facility, nat the number of spaces required. In short the code requires 1 ADA compliant space per 25 spaces provided up to the first 100 spaces, an additional space per each 50 up to 200. The project provides 81 spaces in the parking lot, thereby requiring 4 ADA compliant spaces. The site plan shows four (4} ADA compliant spaces being provided, thus the development meets the code requirement. _~_ .------ ___ _. _.__. i ~„ ___ The Delray Beach Yacht Club is not located within an area that requires review by the Community Redevelopment Agency (CRA) or the Downtown Development Authority (DDA). 5 Planning and Zoning Board Staff Report -November 17, 2008 Re-establish Conditional Use for Delray Beach Yacht Club Courtesy. Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: - Neighborhood Advisory Council - President's Council - Via Marina - Barr Harbor - Seagate Towers Condo - Beach Property Owners Association Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The property contains the existing two-story 8,316 square foot building which previously housed the yacht club with dining facility, pool, and outdoor snack bar. The building was constructed in 1563 and has had several accessory building and parking additions since that time. There are no known conflicts with neighboring uses. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDR. Positive findings can be made with respect to LDR Section 2.4.5(E)(5} regarding compatibility of the proposed development with the surrounding properties. ._ ~ ":~ ~~ A. Postpone with direction. B. Move a recommendation of approval of the request for conditional use to establish the Delray Beach Yacht Club, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E){5), Section 4.3.4, and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial of the conditional use request to establish the Delray Beach Yacht Club, by adopting the findings of fact and law captained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5{E)(5), Section 4.3.4 and Chapter 3 of the Land Development Regulations. - ~ _ ..... .. ._ Or~ M E I~I:~Q l~<DA_C '~~0-, ~... _ Move a recommendation of approval of the request for conditional use to establish the Delray Beach Yacht Club, by adopting the findings of fact and law contained in the staff report, and 6 Planning and Zoning Board Staff Report -November 17, 2008 Re-establish Conditional Use for Delray Beach Yacht Club finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5{E) (5}, Section 4.3.4, and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That the applicant submits a Class I site plan modification indicating proposed upgrades to the subject property including but not limited to awning replacement, painting, signage, etc; 2. That when a building permit is issued for The Yacht Club at Delray Beach, the Conditional Use for the Delray Beach Yacht Club will automatically become null and void; and 3. That the roof of the Yacht Club Building be painted white and bright to conform with the neighborhood rooftops and that the pool and surrounding area be cleaned regularly and made attractive with flowering plants. Attachments: • Location Map + Site Plan • Floor plan Report Prepared By: Estelio Breto. Senior Planner 7 o w VETERANS DELRAY ~ a s ~,a~ SUMMIT ~ GROVE n~o. 2 ATLANTIC PARK CONDO w CONDO AL AZA DL m S.E. 1ST ST. 2 t- CO N S.E. 2ND ST. S.E. Z `J Q 1~ Q U Q !z ~-- Q Lt1 Q BARR TERRACE CONDO WATERWAY EAST COMMERCIAL CONDO 8AR HARBOUR CONDO MIRAMAR LANIKAI V1LLA5 CONDO N SUBJECT PROPERTY pELRAY BEACH YACHT CLUB ~~ 11Q MACFARLANE DRIVE __- PLANNING ANq ZONfNG gEPARTMENT ~ LOCATION MAP -- OlGIT,4L 845E MAP SYSTEM -- i4A.pP REF: S:\Planning & Zoning\DBA~S\File-Cab\Z-LM 500-10D0\LU 903 Delray 9each Yacht Club A T L A N T I C m SPANISH DELRAY BEACH a R1 VER w MARRIOTT '!' RESORT A V E N U E l~ o~~ ti~~~ ~aABn~z~o °x $^k ZZ p4 ~ u R< 5 ~w ~ LL ~_~ ~ OS r3 ~ x ~i ~}2L7 SYVao y~ 000 ~ ~V ~~m<~,~ y H ~6~ ~K ~~a s~~~~~ ~~~a ~~a o~t~tl yPo ~ s~~m~ 5ef~vei ~~ o§~~ o~4wy Ia--e®V~ ~~~~~~~ ~a~~~l i 3 x ~. ~ ~ 9 _~.~.-- __~,~ ~ z ~~ ; w ~ 1 ~ '~ I N jj ,:~ I ~} ~ ~ ' .I; _f ~_._ _.. _ ~=y ~ 4 ~. ~6...q '~. al~~ J ..) - j ~ ~a~_, b~ 1 ~I I f I_ _ . ~- ....... I~__ ~ ~~_,D~ ! V I r3 ~ (y ~._ .. T.,~.. _. 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N F 7. w II fI I L J vLiau®mr~.uaarecw,srQ r+iw+xs++tmm+~.nN n3nn~w mown m..mex~. ~xeu~xrw.rir aurao varan mess tn~mvayr~~a~/m xvurx a~rra3rw,v~+wwv~nxim rnuiae rornl.m®mn g++~vauw~aaxaru wvrawm u ~~rn.i.~~s:rr-3~~r~ s~~or Q~r~H~i~r c ~ ~^®~ ~~~Y ~ ~ € ~ $a~~ s ~ x 8~ N ~ ~ " ~ ~^^~ ~~~~ ~ a a "~> ~ vanlo~ti' xJVaa xv~a an~aa~v~aawoic HR'3J 1HJVh HJd3H.ld71'Cia ~ ~ ~ ~ ~ m ~ °~;~ ~ o ~ ~ ~ d ~ ~ ~ a ~ ~ ~ a ~ ~ ,9-,45 z~ ~: ~. °o~ ~N w A z 0 w L --~ MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 12, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 SPECIAL EVENT REQUEST/SAVOR THE AVENUE ITEM BEFORE COMMISSION Commission is requested to endorse a new event, Savor the Avenue, proposed to be held on March 26, 2009, from 5:30 p.m. to 8:30 p.m., sponsored by Florida Table Magazine and supported by the Downtown Marketing Cooperative. Commission is also requested to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure and use of Atlantic Avenue from Swinton to the west side of NE/SE 5~' Avenue and to provide staff assistance as requested for security and barricading. BACKGROUND Attached is a special event permit, site plan and budget for this event received from Marjorie Ferrer on behalf of Florida Table Magazine. This will be a wine and food tasting event to promote economic development for downtown restaurants. The event sponsor will be responsible for event management and coordination with restaurants, rental and set up of tables and chairs on Atlantic Avenue and cleanup. The individual restaurants will be responsible for table clothes, and table settings and selling tickets. This is a new event and per event policies and procedures, the event sponsor is responsible for 100% payment of City costs. The estimated overtime cost for this event is $1,345 and trash boxes if needed are an additional $35. RECOMMENDATION Staff recommends consideration of approval of the event, temporary use permit, and staff support as requested with the following conditions: 1. Receipt of $150 permit fee by 12/1/08 2. Receipt of a certificate of event and alcohol liability insurance by 3/12/09 3. Receipt of a hold harmless agreement by 3/12/09. ~~~?~~~ 13ElRAY IIfACH ,Np~ ~ ~ ~D~ ~N~ST`~ ?d~~ FR ~~ FST ~ ~~ City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT ,,,~, : :~ncs, Event Name/Title: Event Date(s): ~ ~ Event Sponsor/Producer: Event ContactlCoordinator: Name: Aauress:. Telephone Number: Cellular Number: E-mail Address: Number of Individuals Served Previous Year (if applicable): -~~~ ~[ ~...,~~ Descri6~ thg tar~eted,pop l~ ation and expected attenckancc: "'" y1d~.t t .ul es,.rnlnk C ksl~~r tif, 1 Planned Activities (Outline of activities/number of activities, i.e. entertainment, Times: ~. 3a ' • .~ how the pro ram or project addr~~rsses,somrnunity needs: ~>~-i ~ [~pl]L~n~OrNlp~l ~ ~re'~f' ~~air`rrs.r~!s j Describe your Marketing/Promotions Pro ram {How will ou market/pr ote, i. TV, rod' ,posters, flyers web sites, other): L `~, ~_ ::; Site plan attached: yes~,~~ no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) ~„ Rental of Old School Square: yes no J~ ~-- {Ifyes, attach proof of approval) Private Froperty Use: yes no {1f yes, attach letter giving authorization from property owner)'-: Event budget attached: yes~~ no •.~. (Required far all events) -'~;' Previous year Revenue/Expense summary attached: yes no~~ (Required for all 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) -.~ C:1Documents and SettingslLisilDesktoplspecial Event Permit Application FINAL 9.6.07.dac Sponsor Category {please check) City ^ Non-Profit/Charitable ^ Private a Co-Sponsor -Non-Prolit/Frivate (If Nor: profit attach pranf of S~Ic(3), c(4), c(6), C(10), or c(Y9) or (d) Serving r selling alcoholic beverages: yes no ~ ( yes, copy of license and alcohad liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no (Required two (2) weeks prior to event naming the City as additiorra! irtsurerl, nlsn - required for vendors) Alaying of amplified music: yes,,,..,,,_,~,~ no w (Waiver required) Will there be entertainment: yes ~ no (If yes, attached list of Performers andlor DJ s) ' If yes, sponsor agrees all entertainment will f mily oriented and contain na obscenities: yes no ~/ Requesting Police assistance: yes_ 1~ no (traffrc control security) __ Will supplement with private security: yes no_~ ~ (If yes, need plan attached) Requesting Emergency Medical assistance: yes no~_ . ~ Requesting barricade assistance: yes_ no ---- (If no, how are you handling?) ~ ~- Requesting trash removal/clean up assistance: yes no I~ (Will be billed to sponsor} Requestin trash boxes/containers and line,~s: yes,~_ no ~, Requesting stage use: yes no (If yes, check type) Large stage (14' x 36') ^ Small stage (16' x 21') ^ Half small stage (8' x 21') ^ Requesting signage: yes no Type: 4'x4'Event sign Parking Signs -" Banner hanging Indicate dates required (Waiver required if more than one (T) week prior to event) `~' Requesting City Portable Generator: yes no (If yes, size & power) ~: Food and beverage vendors: yes no~ if yes, approximate number~/-. (Health Department approval required) yes no X ,.. C:IDocuments and SettingslLisilDesktaplspecial Event Permit Application FINAL 9.fi.07,doc Other vendors: (Indicate type) yes no~ Tents: yes no If yes, How many What size or size required I ye ,tent permits a fire in ection y be needed) ~ ~d~rnu~,~r ~or.~e+n~ whin a,P~1~~1o1e. Will the event include amusement rides: yes no~ (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Wit) the event be gated: (Show on-site map) yes, nv Will there be a charge for the event: yes~~ no If yes, indicate ticket prices} \laried. pc~c,es: ~C1c~c~e.~ 5aia ~ ~,~u Will there be fireworks or other pyrotechnics: yes no (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes,~_ no (I es, cunt{~c~t Fire Marshal far inspections) 1~-1'~-~4'S ~ ~IjC.OI~OK ~jj~ ill you be providing port-a-lets for the event: yes no (If yes, locate on-site map. If no, indicate I=ow you will handle restroom deeds} Is reserved parking requested: yes no~ (If yes, indicate locations and purpose for use) Event Permit Attachments: Revenue/Expense Budget Revenue/Expense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Stakus General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold 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 C:Ipocumcnts and SettingslLisi\I]esktoplSpecial Event Permit Application F[NAL 9.6.07.doc -:~ -r .:; -.ra .~; _.~ ~~ t~f~ ~~ Event Contractor/Coordinator Date Please print• Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lg` Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only Date Received Application fee received $ C:IDocuments and SettingslLisilDesktopl5pccial Event Permit Application F1NAL 9,6.07.doc s Y ~w i W F (F~,~ T O~ 1~1 LXr Bud et Savor the Avenue 2009 Income: S onsorshi $11,360 In Kind Florida Table $3,500 Ex ense• Ci Permit $75 DDA-Additional F.Table Ma azine $2,560 Gift Cards $3,000 Rentals: Chairs $1,125 Table $500 Labor $250 EntertainmentlSound $2,000 Port-o-lets $350 Ci Services $1,500 In Kind Printin Printin Florida Table Ad Desi n Florida Table Photo ra her Florida Table MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: November 12, 2008 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 REJECTION OF ALL BIDS/LANDSCAPE MAINTENANCE PROJECT ITEM BEFORE COMMISSION Approve a request to reject all bids and re-bid Bid #2009-O1-Landscape Maintenance for Lake Ida Road Medians. BACKGROUND The annual bid opening for Landscape Maintenance at Lake Ida Road Medians was on October 16, 2008 at 3:00 pm. There were 17 landscape companies who submitted proposals in a timely manner. However, due to incorrect calculations and incomplete proposals to addendums, the Parks and Recreation Department would like approval to reject all bids and re-bid Bid #2009-01. RECOMMENDATION Parks and Recreation Department recommends to reject all bids and re-bid Bid #2009-01. E~~ ~_ L~ [3ELRAY BfACN _ t0a E\f.V~}. 'f 5f faVC~lll~ v !]~L~AY E3EACr~, t"LQRit~,~ 33a~34 r 2x01 FROM: Tim Simmons, Park Maintenance Superintendent DATE: 11/12/08 ~~~i~~s-~rn0o SUBJECT: REJECTION OF BID #2009-01 After reviewing the bid proposal submitted to me, I am recommending that this be sent back for re-bidding. The reason is that I see that not all the proposals submitted bids that reflect the addendum that was sent out. e.,;~~~~~r E.~~.: a'r.'~'~...~~:f~f4~.!'~~c .:f<a~ ~~~,..C~~ a.~w.zFC~t~1J'~~-~ ~\IC~C~w~~~1,~t. ~ ~~111511VDPK W S Z Z aaa W x O m W W F rz~WR Q W C ~ ~ ~ N o a ¢ a o_ ocai°-~ m ~ aYa C7 4~ J H D C~ z z cu a O ~_ w ~, y O O O O o y y O O O O O O D p a a•= ° °o ° ~ c o a o O °o 0 0 0 0 0 ° , o O P d O O O O O v p~ p~~ O ~ O ~ C N G ~ O ~ O ~ Q QOi O ~ ~O ~ ~ N ~ O b9 .-i ~ O EA ~ 69 O 69 O ~ ~ 69 m b9 6A 6R 64 fA M 69 ~ iy 69 a a v O O O O O O O O O O ^`,_ O O O 4 O ~p ~O pp O O O y ; O O _- C~ 3 O C p O Q ° O ° O O G ~ O 4 ° ° C d p Q ~p ~/1 ~ ~ p O O O ,.~ ,. 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'- A `~--' id ~'' .~ ~" ~ C ~ C" ~" ~ v V rr O ;~ ~ ~ O ° o U C ° o U ~ .~ y ~ H Q 3 ~ ~' ~ ¢' ~ cC ~ en a~ cd ~ b-0 ~ O 4 ~ ~ °' N a i ~ ^o ~ ~ ~ a~ o ~ ,-C o .-C p, o -o in U p, o -o ~ p C o ~ .S: A y ~ n --~ ~ G7 W Z a • n ° o P ° ~ ~ ~ `o d ~ . . ~ o a. a i . a i v A a..~ w .~ d °-~ ° d °-~ ° w ~ x m > Q W A d ~,, N u w ~, ~7 V cd 1] U U b ~ ~ ff , '~' V o . a MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 12, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 COMMISSION LIAISON APPOINTMENT/DELRAY YOUTH VOCATIONAL CHARTER SCHOOL ITEM BEFORE COMMISSION This item is before Commission regarding the appointment of a liaison to the Delray Youth Vocational Charter School. BACKGROUND Marjorie Waldo, Principal of the Delray Youth Vocational Charter School, has requested that a Commission Liaison be assigned to the school due to the fact that they are so greatly supported by the Delray Beach Police Department. On the current Commission Liaison list only public schools have been assigned a liaison. However, if the Commission desires, the Delray Youth Vocational Charter School can be added. RECOMMENDATION Commission discretion. MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: November 12, 2008 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 APPOINTMENT OF LEWIS, LONGMAN AND WALKER, P.A. FOR SFWMD RULE CHALLENGES ITEM BEFORE COMMISSION The item before the City Commission is the approval of the appointment of John Fumero and the firm of Lewis, Longman and Walker, P.A. to represent the City of Delray Beach for South Florida Water Management District rule challenges at a rate of $245.00 per hour, with a not to exceed cost of $55,000 dollars. BACKGROUND The South Florida Water Management District (SFWMD) has indicated that they are seeking to establish a Year Round Water Conservation and General Permit Rule. As part of these rules, there is anticipated to be a requirement imposed that would require cities to submit their implementing ordinances to SFWMD for their review and approval. Reclaimed water use restrictions are also contemplated. Lewis, Longman and Walker is representing other affected local governments. The expenses may be less than the not to exceed $55,000 amount depending on the number of local governments that Lewis, Longman and Walker represents. If approved, the firm will among other things track, comment, and if the need arises, challenge the South Florida Water Management District's (SFWMD) proposed Year-Round Landscape Irrigation Conservation Measure Rule (the Rule). Lewis, Longman and Walker will address a number of adverse impacts of the Rule on the City's utilities, including, but not limited to, restrictions on reclaimed water. This engagement includes advocacy before the SFWMD Governing Board and elected officials concerning the Rule. It will also include working on legislation that would define and limit the SFWMD's authority to promulgate Year-Round Landscape Irrigation Conservation Measures and restrict the use of reclaimed water. The Florida League of Cities and the Florida Association of Counties have expressed concern. Please see attachments for more information. FUNDING SOURCE 442-5178-536-31.90 RECOMMENDATION The City Attorney's office in conjunction with the Environmental Services Department recommends approval. . •r~ ~~ ~~~ ,~~~~~ yt~ ~ ~~ ~~ _r L`~ LEWIS, LONG1vlAN & WALKER., P.A. A T T (i R N C 1' ti A 7 i A W Reply 7'0: Yfrest Palm Beach MEMORANDUM TO: Susan Ruby, City Attorney, City of Delray Beach Richard Hasko, Director of Environmental Services, City of Delray Beach FROM: John J. Fumero ~- , DATE: October 27, 2008 SUBJECT: South Florida Water Management District's Proposed Year Round Water Conservarion Rule Ir} anticipation of our telephone conference scheduled for Tuesday, October Z8, 2008 at 3:00 p.m., I would welcome the opportunity to work with, or represent, the City of Delray Beach concerning the South Florida Water Management District's ("SFWMD"j Year Round Water Conservation Rule ("the Rule's and related rulemaking efforts. For your information, Y have attached a briefbio summarizing our qualifications in the area of water and administrative law. Set forth below is a summary of the SFWMD rulemaking and challenge process. X. SFWMD LEGAL MANEUVERS -MORE THAN ONE RULEMAIONG EFFORT TO MONITOR We must be vigilant in that the SFWMD is engaging in a number of legal maneuvers that will, in my view, require us to file more than one rule challenge. As you may know by now, the SFWMD has not yet published the Year-Round Water Conservation and General Permit by Rule provisions in the Florida Administrative Weekly, This means that the 2 t -day challenge: period has not yet started. Helping Shape Florida's Future° BRADENTON 1UU1 Third Avenue West Suite 876 Bradenton, Florida 34,7x5 p 1943.706-40A0 • f 1941-708-4024 JRGKSONVILLE TAIf_AHASSEE 245 Riverside Avenue 2600 Centannral Place Suite 15b Suite 100 Jacksonwille, Florida. 32202 Tallahassee, Florida 32308 p 19.04.353.6A10 • I I 804.353-7814 ~ 1 550-222 5702 f I &50.224-4142 www.llw-law.com WEST PALM BEAGH 17p0 Palm Seach Lakes8lvd. Suite 7000 West Palm 13eath, Florida 33401 p ~ 561-640-0820 • f ~ 561-640-8202 Year Raund'Water Conservation Memorandum October 27, 20(~S Page 2 What they did publish, Iast Friday, was a Notice of Rule Development -seeking to amend 40&2.331 and 40E-20.331. Interestingly; these rule development notices state that they are in addition to the notice of rule development that is seeking to establish a General Permit by Rule for water used at single family homes for lawn and ornamental irrigation, ear washing, and other inerdental uses. After we raised issues concerning the statutory authority of the SFWNID to promulgate aYear-Round Water Conservation Rule, the SFWMD responded by creating a "General Permit by Rule" that would ostensibly regulate all individual homeowners in their landscape irrigation. Now, with this latest .rule-making publication, the SFWNID is establishing CUP criteria that would require a CUP applicant to demonstrate that the modification does not allow more eumalative days and time to conduct landscape irrigation pursuant to Chapter 40E-24, F A.C., for those permits issued pursuant to Rule 40E-2.Ob1, F.A.C., jnew General Permit by rule] and those permits classified as Iaadscape irrigation use." This seems to be another back-door attempt by the SFWMD to impose requirements in urility CUPS that would, in turn, farce utilities to implement ordinances that mimic the requirements of the Year-Round Water Conservation Rule. No workshop leas been scheduled for these proposed amendments. Interested parties, however, may request a workshop, which if not deemed unnecessary by the agency head, must be appropriately noticed in the Florida Administrative. Weekly. Of course, we will keep you pasted on developments. II. THE RULE CHALLENGE PROCESS Here is a brief summary of the Rule Challenge process under state law. I. A substantially affected municipality may seek an admuustrative determination of the validity of the proposed. Year Round Water Conservation rule ay filing a petition with the State of Florida Division of Administrative Hearings ("DOAH'~. Challenging the validity of a rule can be based on various grounds. 2. The Petition must be filed within 21 days of the date of publication of the Notice of Proposed Rulemakin~; by the SFWIVID Governing Board. If DOAH determines that the Petition is timely and sufficient, it will conduct a formal administrative hearing pursuant to section 12.56, F.S. Within IO days of receipt, if the Petition complies with- the requirements, DQAH must assign an Administrative Law Judge ("ALJ"}. 3. The ALJ may declare the rule wholly or partly invalid. The portion declared invalid may not be adopted by the agency. More importantly, the proposed agency rule is NOT presumed to be valid ar invalid. We are continuing to monitor the Florida Administrative Weekly for publication of the Notice of Proposed Rulemaking far the Year-Round Irrigation Rule and other related proposed Year Round Water Conservation Memorandum October 27, 24f38 Page 3 rule amendments. We must focus on all of these amendments as they all will- have the same adverse impact an utilities. III. INTERVENTION VERSUS FILING A STAND ALONE PETITIUN As a matter of law, each municipality that wishes to challenge the Rule must file a separate petition tha# establishes standing for that particular local government or utility. Please be aware that if a utility were to simply "intervene" into an ongoing rule challenge filed by another utility or utilities, then that utility would be limited to the issues raised by the initial petition(s) filed. By filing its own petition, a utility is able to raise, and frame, issues as it sees fit, ar that are unique to it: Should you have any questions or require additional information, please do not hesitate to contact me. In the meantime, I would like to schedule a meeting with you and your staff to discuss issues and options. J:ljjennisanlSFWMn Year Round Cansery8lian RulelSusan Ruby-Richard I-lasko Memo.dnrx July 25, 2008 Mr. Jesus Rodriguez Lead Water Conservation Officer South Florida Water Management District Post Office Box 2468U West Palm Beach, FL 33416 RE: SFWMD Role Amendments to 40E~24 F.A,C. Dear Mr. Rodriguez: The Florida League of Cities is committed to working with the water management districts and other state agencies to assist our 412 municipal members meet existing and future water needs through water conservation and the responsible and beneficial use of reclaimed water. The Florida League of Cities is however, concerned about proposed water conservation rules of all three water management districts. These rules appear to take a "one size fits all" approach to water reuse and conservation that disregards the unique conditions of local communities acid could actually undermine the overall conservation objective we all .seek. Additionally we are concerned the districts lack the necessary statutory authority for these rules with respect to non permitted users and restrictions on reclaimed water or its use. Specifically; the Florida League of Cities shares the concerns expressed in a letter to the SFWMD dated May 28, 2008 from the Southeast Florida Utility Council and a letter from the. FWEA Utility Council dated July 8, 2008 regarding the impacts of the proposed year-round irrigation restrictions and the regulation and restrictions on the use of reclaimed water. The proposed rule ignores important issues such as variations in potable water consumption rates, projected population growths, water treatment technologies, reclaimed water distribution infrastructure, availability of effective conservation methods, existing Consumptive Use Permit conditions and requirements and ether local considerations. Rules proposed by the-water management district should be based strictly on scientifically proven data and a clear understanding of the long term policy and financial implications of any such rules on local governments, end users, and the state. We urge you to reconsider and revise the proposed rules to reflect the concerns discussed above. The Florida League of Cities looks forward to participating in the rule-making process and to working with all the affected parties to address these important water issues. Please do not hesitate to contact me if you have any questions or need additional information regarding these matters. Sincerely, C. Scott Dudley Sr. Legislative Advocate F ~,aRIDA COUNTIES AlI About Florida October 14, 2008 Jesus Rodriguez Lead Water Conservation Officer South Florid a W ater Management District RANDY HATCH ' lQ n P.Q BI}X 24880 G V hltliSrFlf?N f sr~w,4ArNi:~C . West Palm Beaoh, Florida 33416-4680 TiODNEV LONG 1?Rr,Sn n~Nr ~.Lir.rx n Re: Proposed Rule 4QE-24, Florida Administrative Gade -"Year Round /1,J~(:~Qi,A Water Conservation Rule" I~Ne Lt1:8P1tTdAN ~x•furr:rYca,.~;rr:r;Nr• Dear Mr. Rodriguez: 81tI1W.Art11 Iao~os~~Ttr The Florida Association of Counties (FAG) is writing to express our concern xtun vr~:~; N>>z,;~t~,er~•r' regarding fhe above-referenced proposed rule. !t was o.ur understanding that ~"'~''''" the Department of Environmental Protection (DEP} is undertaking a series of TsaateisAJACOns public workshops regarding reclaimed water, and that the state would refrain rMMr=.nrA~k~sl'":~r'c'~=w,x~'r• from implementing new regulations until this exercise had been com leted UM;~~(a; p . c~sT•n x.. tlou~v We understand that there may ba water quality concBms associated with the 1•:xrtr:rrr"'" r)raia-rtiis reuse of reclaimed water, and we believe that loco! governments must retain the authority to implement stricter controls than the state when necessary. However, many local governments are investing large sums of money in making reclaimed water available far irrigation in order to reduce wastewater discharges and conserve water. Restricting the use of reclaimed water for irrigation may very well frustrate those efforts, resulting in unintended consequences fior local governments from both an operational and environmental perspective. We are concerned as to whether the South Florida Wa#er Management District (the District} has the specifrc statutory grant of rulemaking authority that is required pursuant to Seckions 920.52(8) and 120.536, Florida Statutes. We are also concerned that the proposed rule changes relating to reclaimed water may conflict with the legislative intent of Section 373.25Q{1){c), Florida Statutes. Additionally, we are especially concerned with the fact that local governments are required under this proposed rule to submit their irrigation ordinances to the District for review and approval. Local governments have constitutional home rule authority, and #his cannot be restricted by administrative rule. Rather, local government authority can only be reestricted by general or special law.' ' Sae Florida Conadfulian, Petiole VIH, Sedlona 1(fy aruf (y), and 2(b) ~.(), Bc~x 549 • TAI.I.~Inssi~, FL 32302 • Pztol~i?: (850) 922-4300 • ~~Nro;u: 292-4300 • FAX: (850) 488-7501 W'WW.FL-COUNTIFS.COM getter to Jesus Rodriguez October 14, 2008 Page 2 At this time, we are not prepared to make specific recommendations for rule revisions. We merely ask that you postpone this effort until the DEP has had more time to examine this issue from a s#atewide perspective, and until the Florida Legislature has had a chance to provide statufory guidance regarding reclaimed water. Sincerely, Chris Hoilsy Executive Director cc: Commissioner Randy Hatch, President, Florida Association of Counties Commissioner Stacy Ritter, Co-Chair, Growth, Environmen#al Punning and Agriculture Policy Committee, Florida Association of Counties Commissioner Lee Pinkoson, Ca-Chair, Growth, Environmental Planning and Agriculture Policy Committee, Florida Association of Counties Commissioner Doug Conkey, Co-Vice Chair, Growth, Environmental Planning and Agriculture Policy Committee, .Florida Association of Counties Commissioner Buddy lamb, CaVice Chair, Growth, Environmental Planning and Agriculture Policy Committee, Florida Assaeia#ion of Counties Scott Dudley, Florida League of Cities MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 10, 2008 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 ORDINANCE NO.51-08 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing Development Regulations (LDR) Section 4.3.4, "Base District Development Standards" "Height", Paragraph (4), "Increases to Height Regulations", Subparagraphs (b) (ii) "Allowances"; to clarify the workforce housing requirements regarding height increases. BACKGROUND At first reading on November 3, 2008, the Commission passed Ordinance No. 51-08. amending Land Subsection (J), (iii) and (iv), RECOMMENDATION Recommend approval of Ordinance No. 51-08 on second and final reading. ORDINANCE N0.51-08 AN ORDINANCE OF THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4, "SASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION (J), "HEIGHT", PARAGRAPH (4), "INCREASES TO HEIGHT REGULATIONS", SUBPARAGRAPHS (b) (ii), (iii) AND (iv), "ALLOWANCES"; TO UPDATE THE WORKFORCE HOUSING REGULATIONS REGARDING HEIGHT INCREASES; 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 October 20, 2008, and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City 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 goals, policies, and objectives 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 the recitations set forth above are incorporated herein Section 2. That Section 4.3.4, "Base District Development Standards", Subsection (J), "Height", Paragraph (4), "Increases to Height Regulations", Sub-Paragraphs (b)(ii), (b)(iii) and (b)(iv), "Allowances" 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: (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48 feet, except for the following situations: (1) (~) An increase in ~ hei t is allowed when the increase from 48 feet to 60 feet is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in ~ hei t is only for the added residential use area Tnr ,.~.~~,.,,,, ~..~,,,,;,..~.,,,..;~„ ,.,~ ~~ ,~.,,,.,,~„_.,».,,,,r~ ~~r,°~_~ levels and shall comply with other applicable provisions of Article 4.7. {~ iv That the increase in height shall be allowed if two or more of subsections 4.3.4Q) iv (1), (2) or (3) are met: (1) That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback lines which mould be established fora 48-foot tall structure. The additional setback is required from all setback liens (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CSD zone shall adhere to the setback requirements of that district; (2) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking); (3) That open areas, such as courtyards, plazas, and landscape setbacks, be provided in order to add interest and provide relief from the building mass. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or Ord 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 ORD. NO. 51-08 Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST City Clerk First Reading Second Reading MAYOR ORD. NO. 51-08 MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: October 28, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2008 ORDINANCE NO.51-08 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION The item before the City Commission is approval of a City initiated amendment to Land Development Regulations Section 4.3.4(J)(4), clarifying the requirement to provide workforce housing units equal to a minimum of 20% of the top floor residential units in order to qualify for conditional use approval for increases in height. BACKGROUND Requirements to provide a workforce component when requesting Conditional Use approval for additional height (above 48') was added in April, 2006 via Ordinance 16-06. This proposed LDR text amendment is to clarify the original intent of those changes. Ordinance 16-06 required that to qualify for any increase in height above 48', workforce units equal to a minimum of 20% of the additional units proposed on the top floor (above 48') were to be dedicated for workforce housing, subject to requirements of LDR Section 4.7. These changes were codified under LDR Section 4.3.4(b)(ii) (1). Recently, questions have been raised by a developer subject to the requirement as to whether they must provide workforce housing units. He has asserted that if the maximum intensity is not proposed on the balance of the site (portion not seeking increases in height) that the workforce requirement does not apply. This interpretation was clearly not the intent of Ordinance 16-06. By restructuring the existing language and separating the paragraph to put the workforce housing requirement in a stand alone paragraph the original intent of the ordinance is clarified. In addition to the restructuring of the language, an additional modification is recommended to provide flexibility by allowing the provision of both low and moderate housing units while not mandating individual percentages. REVIEW BY OTHERS The amendment is corrective in nature and was not reviewed by either the Downtown Development Authority (DDA) or the Community Redevelopment Agency (CRA). At their October 20, 2008 meeting, the Planning and Zoning Board voted 6 to 0 to recommend approval. RECOMMENDATION By motion, approve the amendment to Land Development Regulations Section 4.3.4(J)(4), on first reading 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)(5). PLANNING AND Z®NING BOARD STAFF REPORT MEETING DATE: October 20, 2008 AGENDA NO: IV. 3. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.3.4(J)(4) "HEIGHT" TO CLARIFY REQUIREMENTS TO PROVIDE WORKFOCE HOUSING WHEN SEEKING CONDITIONAL USE APPROVAL FOR INCREASES IN HEIGHT. ITEM BEFORE THE B®J4RD The item before the Board is to make a recommendation to the City Commission regarding a City initiated amendment to Land Development Regulations Section 4.3.4(J)(4), clarifying the requirement to provide workforce housing units equal to a minimum of 20% of the top floor residential units in order to qualify for conditional use approval for increases in height. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGR®UND/~ONALYSIS The Family/Workforce Housing Ordinance adopted by the City Commission on December 6, 2004, included incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. On April 4, 2006, the City Commission adopted Ordinance No. 18-06, to expand the Program by providing additional opportunities and incentives for the provision of workforce housing. Requirements to provide a workforce component when requesting Conditional Use approval for additional height (above 48') was added in April, 2006 via Ordinance 16-06. This proposed LDR text amendment is to clarify the original intent of those changes. Ordinance 16-06 required that to qualify for any increase in height above 48', workforce units equal to a minimum of 20% of the additional units proposed on the top floor (above 48') were to be dedicated for workforce housing, subject to requirements of LDR Section 4.7. These changes were codified under LDR Section 4.3.4(b)(ii)(1). Recently, questions have been raised by a developer subject to the requirement as to whether they must provide workforce housing units. He has asserted that if the maximum intensity is not proposed on the balance of the site (portion not seeking increases in height) that the workforce requirement does not apply, This interpretation was clearly not the intent of Ordinance 16-06. By restructuring the existing language and separating the paragraph to put the workforce housing requirement in a stand alone paragraph the original intent of the ordinance is clarified. In addition to the restructuring of the language, an additional modification is recommended to provide flexibility by allowing the provision of both low and moderate housing units while not mandating individual percentages. ^ Applicant. ^ The unit will still be considered a Workforce Housing unit for the term of the rental term. Planning and Zoning Board Meeting, October 20, 2008 LDR Amendment -Workforce Housing Increases in Height REC~IlIRED FIIVDIIVGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objectives noted. Objective B-1 The City's existing housing supply accommodates households having a wide range of economic ability. There is very little vacant land left, especially large tracts, far new housing development. Through its housing programs, the City shall work to ensure that there continues to be an adequate supply of housing to accommodate very low, low, and moderate income households, as well as manufactured and mobile homes. Objective B-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. This amendment is consistent with these objectives of the Comprehensive Plan as it continues the Family/Workforce Housing Program in the City. This provision provides clarification of the original intent of Ordinance 16-06 of requiring a workforce component as a condition of increased height. Based on the above, a positive finding can be made that the amendment is consistent and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. RE~IEV9! BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSIVIEIVT AIVD COIVCLIJSIOIV The purpose of this City initiated LDR text amendment is to clarify the original intent that any conditional use request for an increase in height must provide a minimum of 20% of the additional units accommodated on the top floor as workforce units. 2 Planning and Zoning Board Meeting, October 20, 2008 LDR Amendment -Workforce Housing Increases in Height RECO~lIIVIENDED e4C~'IOfV Move a recommendation of approval to the City Commission for a City initiated amendment to Land Development Regulations Section 4.3.4(J)(4), 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)(5). Attachment: ^ Proposed Ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 10, 2008 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 ORDINANCE N0.52-08 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing amending the Land Development Regulations (LDR), Section 4.4.13, "Central Business (CBD) District", Subsection (I), "Performance Standards"; to provide additional options regarding Workforce Housing; Article 4.7, "Family/Workforce Housing", Section 4.7, "Findings", Subsection (I), to provide regulations regarding increased height and density; Section 4.7.1, "Definitions", to provide a definition of "Workforce Housing Trust Fund"; Section 4.7.2, "Applicability", Paragraphs 4.7.2 B and C to provide additional options regarding workforce housing; Section 4.7.3, "Provision of Workforce Housing Units", to allow workforce housing in additional locations; Section 4.7.4, "Density Bonus Program for the Southwest Neighborhood Overlay District, the Carver Estates Overlay District and the Infill Workforce Housing Area", Paragraph E, to provide for contributions to the Delray Beach Workforce Housing Trust Fund; and Section 4.7.6, "Rental Housing Units", to provide clarification regarding moderate income requirements BACKGROUND At the first reading on November 3, 2008, the Commission passed Ordinance No. 52-08. RECOMMENDATION Recommend approval of Ordinance No. 52-08 on second and final reading. ORDINANCE N0.52-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING ARTICLE 4.4, "SASE ZONING DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (I), PERFORMANCE STANDARDS"; TO PROVIDE ADDITIONAL OPPORTUNITIES REGARDING WORKFORCE HOUSING; ARTICLE 4.7, "FAMILY/WORKFORCE HOUSING", SECTION 4.7, "FINDINGS" SUBSECTION (I), TO PROVIDE REGULATIONS REGARDING INCREASED HEIGHT AND DENSITY; SECTION 4.7.1, "DEFINITIONS", TO PROVIDE A DEFINITION OF "WORKFORCE HOUSING TRUST FUND", SECTION 4.7.2, "APPLICABILITY", PARAGRAPHS 4.7.2 b. AND c. TO PROVIDE ADDITIONAL OPPORTUNITIES REGARDING WORKFORCE HOUSING; SECTION 4.7.3, "PROVISION OF WORKFORCE HOUSING UNITS", TO ALLOW WORKFORCE HOUSING IN ADDITIONAL LOCATIONS; SECTION 4.7.4, "DENSITY BONUS PROGRAM FOR THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE CARVER ESTATES OVERLAY DISTRICT AND THE INFILL WORKFORCE HOUSING AREA", PARAGRAPH e. TO PROVIDE FOR CONTRIBUTION TO THE DELRAY BEACH WORKFORCE HOUSING TRUST FUND; AND SECTION 4.7.6, "RENTAL HOUSING UNITS", TO PROVIDE CLARIFICATION REGARDING MODERATE INCOME REQUIREMENTS; 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 October 20, 2008 and voted 7 to 0 to recommeald 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 detert-runed that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives 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 the recitations set forth above are incorporated herein Section 2. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CSD) District", Subsection (I), "Performance Standards", of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follow: (I) Performance Standards These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. All eligible developments desi~g to use these performance standards shall provide twenty percent (20%) of the residential units above thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood as Workforce Housing units (fractions shall be rounded up). The workforce housing units shall be divided between low and moderate income levels °•T'-'~ r ~ '-'~~„ ~~°% ~~ '-'~~ ° ~.,.'.~~,.,,,, „~.;,-„ '-~'~~ ~~r ri,~a,»..,~„ ~c~~and shall comply with other applicable provisions of Article 4.7. The units shall be provided either onsite, offsite or through a monetary contribution or as noted in LDR Section 4.7.2 c. Section 3. That Article 4.7, "Family/Workforce Housir~', Section 4.7, "Findings', Subsection (I), of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follow: (I) The City Commission also desires to establish additional incentives to encourage additional Family/Workforce Housing, including but not lirrdted to requirements to provide additional workforce housing for developments that request increases in height and/or densitypursuant to Section 4.3.4(T)(4)(b) and 4.4.13Q~ Section 4. That Article 4.7, "Family/Workforce Housing`', Section 4.7.1, "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to correct a typographical error for Subsection p., "Southwest Neighborhood Overlay District", and to enact a definition of "Housing Trust Fund" as follow: p. Southwest Neighborhood Overlay District -The area zoned RM between Interstate 95 and ~~ S.W. 1St Avenue, from Atlantic Avenue to S.W. 2nd Street, except along S.W. 12th Avenue, where it extends south to S.W. 3rd Street, as shown in the map below ORD. NO. 52-08 u Housing trust runa - CommLUlity Irr~rovement Departmealt. All monetary contnbutions in lieu of workforce Section 5. That Article 4.7, "Family/Workforce Housing', Section 4.7.2, "Applicability', Paragraphs 4.7.2 b. and c. of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follow: Section 4.7.2 A~nlicability Except as otherwise provided in this ordinance, these regulations shall apply only to development applications consistent with the following conditions: b. Subject to the restrictions of this Article, developments constructed pursuant to Section 4.3.4(J)(4)(b)i~ must provide ~rkforce housing to qualify for an increase in height. Developers may also meet this requirement by prig the units onsite, providing ~ a monetary contribution, or delivery of offsite units . A combination of these added options is permissible. For each required workforce housing unit, developers may make a payment of a sum equal to $160,000, payable to the Ci of Delray Beach ,Housing Trust Fund in lieu of providing the workforce housing unit within the development. Offsite units may be the first vertical building permit issuance. If the proiect is built in phases, then the ~rkforce units mould be constructed in the same proportion and manner as the number of ~rkforce units required for each phase. c. Subject to the restrictions of this Article, developments constructed pursuant to 4.4.13(I) must provide ~rkforce housing to qualify for increased density. Developers may else meet this requirement ~ ~ yrg the twits onsite, providing a monetary contribution~or delivery of offsite traits e~. A combination of these three options is permissible. For each required workforce housing twit, developers may make a payment of a stun equal to $160,000, payable to the Ci of Delray Beach Housing Trust Fund, in lieu of providing the workforce housing twit within the development. Offsite twits may be located an ere within the City of Delray Beach These twits cannot be previously allocated as ~rkforce ORD. NO. 52-08 would be constructed in the same proportion and manner as the number of ~rkforce units required for each phase. Section 6. That Article 4.7, "Family/Workforce Housir~', Section 4.7.3, "Provision of Workforce Housing Units", of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follow: Section 4.7.3 Provision of Workforce Housing Units Developers will be ~ allowed additional density or height in exchange foviding workforce additional density ,beyond the base number allowed per existing ee Land Development Re tions after performance standards have been met. Developers will be allowed additional height under section 4.3.4(~L .t~ beyond 48' after the height requirements of Section 4.3.4(~,Z(4)(b) have been met. a. Developers may earn ~ additional density by building housing for very low, low or moderate income families within the designated boundaries of the Overlay Districts and Infill Workforce Housing Area or other appropriately zoned areas of the Cam-' descnbed in this article. b. All development shall meet the requirements for units as specified in this chapter and meet all required Land Development Regulations. c. Workforce units shall include those units in a development, which are regulated in terms of: Sales price or rent levels; and ii. Marketing and initial occupancy; and iii. Continued requirements pertaining to resale or rent increases. Section 7. That Article 4.7, "Family/Workforce Housing', Section 4.7.4, "Density Bonus Program for the Southwest Neighborhood Overlay District, the Carver E states Overlay District and the Infill Workforce Housing Area', Paragraph e. of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: Section 4.7.4 Density Bonus Program for the Southwest Neighborhood Overlay District, the Carver Estates Overlay District and the Infill Workforce Housing Area ORD. NO. 52-08 e. Instead of or in addition to providing workforce housing units, developers may also accrue bonus units by contributing to the Ci of Delray Seach Housing Trust Fund that will be utilized to subsidize ~rkforce housing in the City of Delray Seach. Developers may earn one bonus unit for each payment of a sum equal to $60,000, payable to the Ci of Delray Seach Housing Trust Fund d Section 8. That Article 4.7, "Family/Workforce Housing', Section 4.7.6, "Rental Housing Units", Paragraph d of the Land Development Regulations of the City of Delray Seach, Florida, shall be amended to read as follows: Section 4.7.6 Rental Housing Units d Units targeted to ~ra~erate inarirae households at 81% to the 120% affordability level of the Palm Seach County median income, adjusted for family size, shall not have rental rates that exceed 140% of the HUD determined fair market metre rent for the area Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent j urisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 11. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO. 52-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: October 29, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2008 ORDINANCE N0.52-08 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of City and Privately-initiated amendments to the Land Development Regulations to allow for additional opportunities to satisfy workforce housing unit requirements including allowing units on-site, off-site, or by monetary contributions, or a combination thereof. The amendment would also change the recipient of monetary contributions from the Delray Beach Land Trust to the Housing Trust Fund. BACKGROUND The amendment expands the options available to satisfy workforce housing unit requirements by allowing units to be provided on-site, off-site, or though a monetary contribution to the Housing Trust Fund and extends this option to workforce housing units provided as a requirement for increases in density or height. The ordinance allows the units to be built anywhere in the City. However, workforce housing units cannot be previously allocated in another project, must be constructed at the same time a vertical building permit is issued, and can be provided in a phased project if workforce housing units are constructed in the same proportion and manner as the number of workforce units required for each phase. The ordinance adds a definition of Housing Trust Fund. This new fund will be comprised of the City's State Housing Initiatives Partnership (SHIl') allocation, and will also include deposits of funds for in- lieu workforce housing units. The fund must be used for the purpose of implementing programs described in the City's Local Housing Assistance Plan. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on October 20, 2008. The Board unanimously recommended approval on a 6 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 52-08 for a City and Privately-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. PLANNINta AND ZONINt~ BOARD STAFF REPORT MEETING DATE: OCTOBER 20, 2008 AGENDA NO: IV. 4. AGENDA ITEM: CONSIDERATION OF BOTH PRIVATELY AND CITY-INITIATED AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR), SECTION 4.4.13.1, CENTRAL BUSINESS DISTRICT, AND VARIOUS SECTIONS OF ARTICLE VII FAMILY/WORKFORCE HOUSING, TO ALLOW FOR ADDITIONAL OPPORTUNTIES TO SATISFY WORKFORCE HOUSING UNIT REQUIREMENTS, INCLUDING CONTRIBUTION INTO THE HOUSING TRUST FUND, AND TO ALLOW PROVISION OF WORKFORCE HOUSING ONSITE, OFFSITE, OR BY MONETARY CONTRIBUTION, OR A COMBINATION THEREOF. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding both privately and city-initiated amendments to Land Development Regulations (LDRs) that expand the options for satisfying workforce housing unit requirements, and modify the recipient of funds paid "in lieu of" from the Community Land Trust to the Housing Trust Fund. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. ANALYSIS Section 4.4.13.1 Performance Standards Specific to the Central Business District rarivatefv initiated Current regulations allow residential densities to exceed 30 du/ac in the Central Core and 12 du/ac in the West Atlantic Neighborhood of the Central Business District (CBD) by conditional use. Twenty percent (20%) of the residential units above these densities must be provided as workforce housing units and be divided between low and moderate income levels, with no more than 50% provided for moderate income levels. The amendment removes the 50% limit on units provided at moderate income levels, although still allows a mix between low and moderate income levels. The amendment also expands the options available to satisfy workforce housing unit requirements by allowing units to be provided on-site, off-site, or though a monetary contribution. Section 4.7 (A) through fJ) Family/workforce Housing Findings (city initiated) This section includes a series of findings made by the City Commission that set the foundation for the initial Family/Workforce Housing regulations enacted on December 6, 2004. Current Finding "I" provides a general statement that the City Commission desires to establish additional incentives to encourage Family/Workforce Housing units. Planning and Zoning Board Meeting, October 20, 2008 LDR Amendment -Expanded Options to Satisfy Family/Workforce Housing Unit Requirements The ordinance expands upon Finding "I" to include the requirement for additional workforce housing for developments that request increases in height and/or density. Section 4.7.1 Various Definitions Related to Family/workforce Housing (city initiatedl This section includes a list of definitions related to the city's Family/workforce Housing regulations. The ordinance adds a new definition called Housing Trust Fund. This new fund will be comprised of the City's State Housing Initiatives Partnership (SHIP) allocation, and will also include deposits of funds far in-lieu workforce housing units. Interest earned stays in the fund. The fund must be used for the purpose of implementing programs described in the City's Local Housing Assistance Plan. Section 4.7.2 Specific Applicability of Family/Workforce Housing Regulations fPrivateiy initiatedl This section provides specific parameters for providing Family/Workforce Housing regulations in specific situations. Two sections are amended by this ordinance: (b) increases in height, and (c) increases in density. Requests for both increases in height and density are currently included as incentives to provide Family/Workforce Housing. Current provisions allow for payment of a monetary contribution to satisfy the requirement in lieu of providing the actual physical unit. The ordinance expands the options for providing Family/Workforce Housing units by adding that the required units may be provided on site or by delivery of units off site. The ordinance further allows any combination of on site, off site or monetary contribution to satisfy Family/Workforce Housing unit requirements. The ordinance allows the units to be built anywhere in the City. Family/Workforce Housing units cannot be previously allocated in another project, must be constructed at the same time a vertical building permit is issued, and must be provided in the same proportion as the number of Familylworkforce Housing units when projects are phased. REC~IJIRBD FIN®ING~ Comprehensive Plan Conformance LDR Section 2.4.5(M}(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following sections of the Comprehensive Plan are relevant to the proposed ordinance: Objective B-1 The City's existing housing supply accommodates households having a wide range of economic ability. There is very little vacant land left, especially large tracts, for new housing development. Through its housing programs, the City shall work to ensure that there continues to be an adequate supply of housing to accommodate very low, low, and moderate income households, as well as manufactured and mobile homes. Objective B-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. 2 Planning and Zoning Board Meeting, October 20, 2008 LDR Amendment -Expanded Options to Satisfy Family/Workforce Housing Unit Requirements This amendment is consistent with the Comprehensive Plan as it continues the Family/Workforce Housing Program in the City. It clarifies when additional workforce units must be provided as they correlate to increases in both height and residential density. It also provides additional options available for satisfying workforce unit requirements, and designates the Housing Trust Fund as a central depository that will be used exclusively to help the City implement programs described in the its Local Housing Assistance Plan. REVIEV9/ BY ®THERS The proposed amendment was presented before the fiollowing boards with recommendations made as follows: The Community Redevelopment Agency (CRA) reviewed the proposal at their October 16, 2008 meeting and recommended approval. The Downtown Development Authority (DDA) reviewed the proposal at their October 20, 2008. The DDA recommendation will be conveyed to the Planning and Zoning Board at their meeting on October 20, 2008. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERRIA~IVE ACTT®IVS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, amending Section 4.4.13.(1), Performance Standards in the Central Business District, and various sections of Article VII "Family/workforce Housing," to provide addiitional options to satisfy workforce housing unit requirements, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M}. C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, amending Section 4.4.13.(1), Performance Standards in the Central Business District, and various sections of Article VII "Family/workforce Housing," to provide additional options to satisfy workforce housing unit requirements, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). 3 Planning and Zoning Board Meeting, October 20, 2008 LDR Amendment -Expanded Options to Satisfy Family/Workforce Housing Unit Requirements RF~C)I~IMFIdDFD ANTI®N Recommend approval of the amendment to Land Development Regulations, amending Section 4.4.13.(1), Performance Standards in the Central Business District, and various sections of Article VII "Family/workforce Housing," to provide additional options to satisfy workforce housing unit requirements, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). attachment: ^ proposed ordinance 4 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: November 11, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 AMENDMENT TO THE DEVELOPER'S AGREEMENT/CANNERY ROW LLC. ITEM BEFORE COMMISSION Cannery Row has requested an amendment of the Cannery Row Developer's Agreement regarding the development located at the southwest corner of Lake Ida Road and Pineapple Grove Way. BACKGROUND The City entered into a Developer's Agreement with Cannery Row, LLC on May 8, 2007 (attached hereto), regarding the development of the Cannery Row project along the east side of the 300 block of Pineapple Grove Way. Pursuant to the terms of the Agreement, Cannery Row was required to dedicate a parcel of land located in the north east corner to the City for park purposes. Pursuant to Plat Book 109, Pages 133-134 of the Public Records of Palm Beach County (see attached), this area has been dedicated to the City. The developer wishes to amend the Developer's Agreement (see attached) in order to provide that the park land dedication condition has been satisfied. The developer has made this request in order to satisfy certain title comments made by mortgage loan lenders. RECOMMENDATION Approve the amendment to the Developer's Agreement at the first public hearing on November 18, 2008. If approved, a second public hearing will be held on December 2, 2008. Prepared by, record and return to: John T. Metzger, Esq. McDonald Hopkins LLC 50S S. Flagler Drive; Suite 300 West Palm Beach, FL 33401 AMENDMENT TO AGREEMENT THIS AMENDMENT AGREEMENT {the "Amendment"} made as of October , 2008 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City', CANNERY ROW, LLC (the "Developer") provides as follows: WHEREAS, City and Developer entered into that certain greement (the "Agreement") on the. 8th day of May, 2007,. recorded May 10, 2007, in O.R Book 21718, Page 1822, ofthe Public Records ofPalm Beach County, Florida; WHEREAS, Paragraph 2 of the Agreement required Developer to dedicate certain Park Land to the City; NOW THEREFORE, the parties agree as follows: i . Developer has fulfilled said obligation; 2. The dedicatian affects only Parcel G of the Plat of Cannery Row, as recorded in Plat Book -109, Page(s) 133, of the Public Records of Palm Beach County; Florida; 3. The dedication does not affect any other portion of the Plat; anti 4. The dedication contemplated has been fulfilled by virtue of dedication of the Park Land on the Plat. IIV WITNESS WHEREOF, the parties -have executed. this Amendment on the date first above written. Signed, sealed and delivered in the CITY OF DELRAY BEACH Presence of Name: Name: Title: Name: By: { 1576739: } c~RY xow, Li.c. Name: Name: By: Ironwood Properties, Inc., as Manager By: Cary Glickstein, President { 1576739: } I I i ~~ ~k ..~ ~ k D a Q w W q ~' ~ ~ ~~ ~, ~~ id -~ ~~ z~ y ~.. ~~ ~~ ~i~~~ ~~ ~ ~w~~o ~~~©~ ~~~~~ ~ ~ ~r~ ''~ ~~~~~ ~~.~ a ohm°~`~ ~~ ~QW ~,.W~~ ~~~~~Q ~ ~ ~.~ ~a~ -~wq ~ a ~ `~~~~°° i ~,~©~Ww ~~ w~~w~~ I I ~ w~ ~ ~ ~q~p~4 ~~ ~~~~~~ ~~~ ~ ~~~~~~ ~o~-~Qa ~~~~'~-m ~~ ~0~~4~ ~~ ~~~QR~ ~a ~~wz~~ ~~ a~ ~ m ~ d d~~ f ti~® ; I ~~ ~ ~ ~~~ ~ ~~ ~o~ ~ ~ ~~~ ~ ~ ~. ~~V ~ -..~ ~~~ C -. q~4 ~ Zp~ ~ i~~ ~~q Q ~ E ~ ~~~ i ~ ~~~,~ ~ i ~~~~ ~ ~~ ~'~ ~ '- ~ ~ - € ~ q~~ i ~i ~ I fah ~ I~ ., , ~~~ €~~~~ ~ j~ ~~ ~ ~~ 4., v ~' ~~ ~ ~ d~ _~~, ~ ~~ ~ ~ ~ ~+.~ ~ h1 g 1 ~9Q`~tl'DCJ"E. ~ 4 P-\ ~ r 6V1 1 f~~"t~?'C~13'~,~ 1-.~ E ~ J1f 9f1~'t70'~ ~~ Q ~~ ~ ~~ ~ ~- ~ ~ ~ ~ ~ ~, ~,. 4 . ~ ° ~ ~~ ~ ~~ ~ ~~ n. Q ~ ~ #-U~ ~ Rz ~ ~~~ ~ ~" . 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A ti.I !~ F°^r ~~ ~~~~~t~~~~~~~~~~~~~~~~~~ s' J ~ `~ ~ ~' ~, ~~ AGREEMENT ~ m ~ ~ THIS AGREEMENT entered into this ~ day of 20G? b d , , y an # between the C>f'TY OF DELRAY BEACH, a Florida municipal corporation, (hereinaf~er ~ ~ referred to as City} and CANNERY ROW, LLC (hereinafter referred to as Developer}, ~ provides as follows: ~ ~'` ~ WHEREAS, a projec# called Cannery Row is being developed along the west east side ~ ~ m ~ ~ of the 300 block of Pineapple Grove Way in the City; and _ ~ a 3 WHEREAS, Land Development Regulation Section 4.4.I3(H} provides That if the ~ ~ ~ ~ developer of a project fronting on N.E. 2nd Avenue, between N.E. 3rd Street and N.E. 4th Street, ~ rT' chooses to dedicate an area at the northeast corner of the project to the City for open spsce and to ~l convey property and a building to the City fronting on N.E. 2nd. Avenue at the southeast corner of w ~ ? ° the project, then the developer shall. not be required to furnish non-residential uses fronting an the r.~ r'' :, west side of N.E. 2nd Avenue between N.E. 3rd Street aad N.E. 4th Street; and a -~-~ m WHEREAS, the Developer will dedicate a parcel at the northeast corner of the project to the ~ ~ City for park purposes and will transfer land and a completed shell structure, as more; ~, thoroughly described in this Agreement, to the City located at the southeast corner of the proj ect and ~ fronting on N.E. 2nd Avenue, to be used a5 an artist ~arkshop/gallery as a condition of the a - Development; and ~ ~ ~,~ WHEREAS, pursuant to F.S. 163.3225 the City has held 2 public hearings regarding this ~ ~ Development Agreement and this Agreement is consistent with the City's Comprehensive Plan m and Land Development Regulations; and ~`~` ~ WHEREAS, the Developer has the option to build a mixed use project in accordance c-a ~; ~, with the City's Land Development Regulations but chose instead to enter into this Development _ . Agreement, in its -sale and absolute- discretion, and be bound by the terms and conditions of this Agreement. ,, NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer and Cirg hereby agree. as follows: s~ t- 1. Recitations .The above-stated recitals are incorporated as if fully set for`h herein. ..~ ~. 2. Dedication of Park Land. The Developer shall dedicate, to the City, a parcel, as shovrn on Exhibit "A", far park purposes which shall be maintained by the City. In lieu of the City paying the Developer the value of the land, which is $414,b45.OQ, the City shall waive the Impact Fee set forth in LDR Section 5.3.2 {c) for all units. Developer will provide a water service stub-out to the property line that the City can connect to an irrigation meter at a later date. Developer will sod the earner if the NE corner of the project has been landscaped prior to the City completing the landscape plan for the park. All maintenance of the park shall be by the City. Developer will have no other improvement requirements for the park area. The property described in Exhibit "A" shall be dedicated to the City in perpetuity on. the plat to be recorded by the Developer_ 3. Conve once of Unit . Developer shall also convey fee simple title to the City of Lot 12 of the. Plat of Cannery Row with a completed shell structure, pursuant to floor plans, elevations, and specifications as set forth o.n Exhibit "B", to the City to be used by the City for coznm.unity/city projects as it determines, in its sole discretion. The City shall pay the actual land cost and costs of construction of the unit, which will .not exceed $530,OOD.Op. The parcel and structure shall be transferred to the City, or its assigns, in accordance with the purchase and sale contract between the City and Developer is in the form attached hereto as Exhibit '"C"_ The approval of this Agreement is conditioned upon the parties executing a purchase and sale agreement (Exhibit "C") withinl2D days of the execution of this Agreement. Failure to approve. such an agreement within the time period set forth shall make this Agreement null and void. Developer w~ finish the interior of the unit at cast, provided that the City provides Developer with all necessary plans, specifications, drawings, permits, etc., so that Developer may construct the interior of the unit at the same time the interiors of the adjoining uzuts are- being constructed, so as to not interfere with the quiet enjoyment of the adjacent units when sold for occupancy. Should the City desire to retain a third paxty to finish the interior of the unit, the City will required to caznmence the construction at the same time that the Developer is constructing the interior of the adjoining units, aad subject to the Developer's site plan development, construction schedule, and safety measures as implemented by Developer. Commencing upon conveyance of the unit from developer to the City, the Gity will responsible for Homeowner's Association (HOA) assessments. The HQA documents will reflect that all units will be charged the same unifaian rate of assessment, except for the Art Facility, which will be charged less, as it will have na use of the cnrnmon area facilities (pool, gazebo, playground, etc_). Any Iease of the Art Facility by the City will specifically state that the tenant(s) do not have use dithe common.areafacilities and their occupancy shall be subject to the.HOA documents, including any Rules and Regulations promulgated by the Developer and/or .Homeowner's Association. The proposed purchase and sale agreement (Exhibit "C"} contains a provision which allows the City the option to a) purchase the Community Facility unit at the developer's cost, not ~ exceed $S30,Og0AU; or b} not proceed with the purchase of the Community Facility, but, imstead, purchase Lot I2, only, to be used for park purposes only with. appropriate deed r~4strictions, without any improvements thereto other than water service (using City's water meter and City bearing ail water usage charges}, landscaping and irrigation for the Lot 12, whereby Lot l 2 sha11 be owned by City (or the public for park purposes only if so dedicated by City or by Developer through an amendment of the Plat); or c) terminate the Agreement without penalty to the City if the City determines, in its sole discretion, that the purchase of Lot 12 for purposes of a Community Facility or a park is not in the best interests of the City of Delray Beach. In the event the City elects to terminate the Agreement or purchase Lot I2 for park purposes, the City shall riot thereafter impose upon the developer, or any successor in interest, a requirement io cor>struct auy commercial unproveznents within the Project. 4. Requirements of Development Agreement . {a) A legal description of the land subject to the agreement, azzd the names of its legal and equitable owners - Lots 1 through 24, inclusive, Slack 73 and the 16 foot alley right of way lying East of and adjacent to the East line of Lots 1 through 12, inclusive, subdivision of Biock 73, according to the Plat thereof as recorded in Plat Book 12, page 62, Public Records of Palm Beach County, Florida, less the North 15 feet thereof. Legal Droners -Cannery Row, LLC (b) The duration of the agreement - Less than 10 years (c) The develapznent uses permitted on the land, including population densities, and building intensities and height -Uses permitted are residential. and co.mtnercial; proposed population density is 1&3; building density is a maximum of 30 units per acre; and maximum height is 48'. (d) A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, mill be constructed; and a schedule to assure public facilities are available conci.Frrent with the impacts of the development; -The public facilities are water and sewer and they are already in place. {e) A description of any reservation or dedication of land for public purposes; -see the plat attached to this agreement. {1] A description of all local development permits approved or needed to be approved for the development of the land; -building permits. 5. Camxnencetnent of Agreement . This Agreement shall commence 31 days after the Department of Community Affairs is in receipt of the Agreement, as per paragraph 5, and shall expire upon the conveyance and dedication of the parcels and building to the City from Developer, however, in no event shall the term of this Agreement exceed 10 years. 6. Failure to Address a Condition/Requirement . If this Agreement fai.15 to address a particular permit, condition, term, or restriction, Developer shall not be relieved of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 7. Recording of _Agreement . Pursuant to F.S. 163.3239 this Agreement shall be recorded in the public records of Palm Beach County anal a copy of the recorded agreement shall be submitted to the Department of Community Affairs. 8. Review of the Agreement ,. The City, at least once every 12 months, shall review this Agreement to determine if there has been demonstrated good faith complia~.ce with the terms of the Agreement. If the City determines, based upon substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. 9. Amendment/Cancellation .Pursuant to F.S. 163.3237, this Agreement may be amended or canceled by mutual consent of the parties . 10. Assignment . The purchase and sale agreezx~ent (Exhibit "C"} may be assigned by the City to the Community Redevelopment Agency or the Delray Beach Community Land Trust, Inc. without the approval of the Developer, if the City wishes to assign the purchase and sale agreement to another entity it must first obtain consent of Developer, which shall not be unreasonably withheld. 11. Compliance with Laws . If state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state law or federal. laws. 12. Indemnification .Developer hereby agrees to defend, indemnify and hold the City harmless from any and all claims, suits or any other cause of action arising out of this Agreement including attorneys fees az~d costs expended by the City at trial nr appellate levels to uphold. this agreement. 13. Com fiance with the Ci 's Cam rehensive Plan This Developers Agreement is in compliance with the City's Comprehensive Plan and Land Development Regulations. 14. Venue. Any claims, lawsuits or disputes. that may arise under this Agreement shall be governed by the Laws of Florida, °ocTith venue in Palm Beach County, Florida. 15. Approvals. This Agreement constitutes the entire agreement aad understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. (Signatures an Following Page) IN WETNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: B~' City Clerk CITY OF DELRAY BEACH y= ~ Mayor, Rita Ellis Approved as to Form: By. ~ _ ---~____ ~~~ity Attorney WITNESS: Cannery Row, LLC, by Ironwood Properties, Ine., Member (Name Panted or Typed} ~^ (Name .Printed to Typed} STATE OF FLORIDA COUNTY OF PALM BEACH By: C stein, President The foregoing instrument was acknowledged before me this ~ day of May, 2007, by Cary Glickstein, as President of Ironwood Properties, Inc., a Florida corproation, on behalf of the corporation. He is personally known to me or has produced (type of identification} as identification. '~ ~ -~ Signature of Notary. Public My Commission Egpiress „~~~~,, ~os~x F~~..~ David ~'~~ Scd~ '~±~~~'~is~fen#L~~3~,n~3 ~Y~~.~ ~_ .ar:FE~: C:T. 01 .~• ~ 2~'~ ;~~r 'c~ ~.`'4 .Z`h?:CPS? T!t;-a MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 10, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 ORDINANCE NO.50-08 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading by enacting a new Chapter 74, "Civil Traffic Enforcement", of the Code of Ordinances, by enacting new Sections 74.01 through 74.16, providing for "Intent", "Use of Image Capture Technologies", "Definitions", "Adherence to Red Light Traffic Control Signals", "Violation", "Review of Recorded Images", "Notice of Violation/ Infraction", "Vehicle Owner Responsibilities", "Appeal to Hearing Officer", "Vehicle Owner Affidavit of Non- responsibility", "Penalty", "Administrative Charges", "Collection of Fines", "Exceptions", "Appeal of Order", and "Enforcement", to provide for the use of a code enforcement mechanism for intersection safety. BACKGROUND At the first reading on November 3, 2008, the Commission passed Ordinance No. 50-08. RECOMMENDATION Recommend approval of Ordinance No. 50-08 on second and final reading. ORDINANCE N0.50-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SY ENACTING A NEW CHAPTER 74, "CIVIL TRAFFIC ENFORCEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, SY ENACTING NEW SECTIONS 74.01 THROUGH 74.16, PROVIDING FOR "INTENT", "USE OF IMAGE CAPTURE TECHNOLOGIES", "DEFINITIONS", "ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS", "VIOLATION", "REVIEW OF RECORDED IMAGES", "NOTICE OF VIOLATION/ INFRACTION", "VEHICLE OWNER RESPONSIBILITIES", "APPEAL TO HEARING OFFICER", "VEHICLE OWNER AFFIDAVIT OF NON RESPONSIBILITY", "PENALTY", "ADMINISTRATIVE CHARGES", "COLLECTION OF FINES", "EXCEPTIONS", "APPEAL OF ORDER", AND "ENFORCEMENT", TO PROVIDE FOR THE USE OF A CODE ENFORCEMENT MECHANISM FOR INTERSECTION SAFETY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach is located in a high density traffic area and regularly experiences traffic incidents related to the failure of motorists to obey duly erected traffic control devices; and WHEREAS, the r~ulning of red lights causes a safety hazard affecting every citizen and traveler in the City of Delray Beach; and WHEREAS, the violation of red light traffic signals is recognized as the number one cause of urban motor vehicle collisions; and WHEREAS, the National Highway Traffic Safety Administration recognizes the act of violating a red light traffic signal as the most dangerous form of aggressive driving and WHEREAS, the National Safety Council has adopted a new public policy supporting the use of automated enforcement (Red Light Cameras and Speed Cameras) for traffic safety. WHEREAS, the apprehension of violators of red light traffic signal through means of law enforcement observance, chase and citation is difficult, dangerous and expensive; and WHEREAS, the installation and use of traffic control photographic systems permit law enforcement resources to be efficiently utilized in responding to other serious criminal and traffic offenses; ancl, WHEREAS, red light legislation penalizing or assessing civil fees agaii~st the owner of a motor vehicle has proven extremely effective at reducing red light violation and traffic accidents; and WHEREAS, the City finds it to be fair and reasonable to use the same procedure employed by the state of using unmanned cameras to enforce toll violations on the State's system of toll roads that has been deternuned to be fair, reasonable and sufficient by the State in order to effectively enforce laws regulating the payment of tolls without the need to commit the extreme amount of personnel that would be necessary without the use of Luzmanned cameras; and WHEREAS, similarly, the use of Luzmarnled cameras will be effective in enforcing laws requiring drivers of motor vehicles to stop for red lights and will have the effect of freeing lawenforcement personnel to respond to other, and sometimes more significant, incidents as well as serious crime; and WHEREAS, Section 316.008, Florida Statutes, grants municipalities, with respect to streets and highways under their jurisdiction and within reasonable exercise of the police power, the authority to regulate and monitor traffic by means of law enforcement officers and security devices; and WHEREAS, the City of Delray Seach is vested with home rule authority pursuant to Article VII, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes, to enact an ordinance malting the failure to stop for a red light indication a code violation, and to provide for enforcement of such violations; and WHEREAS, Opinion 05-41 of the Attorney General of the State of Florida, dated July 12, 2005, issued to Samuel S. Goren, City Attorney for the City of Pembroke Pines, confirms the authority of the City to enact an ordinance malting the failure to stop for a red light indication a code violation, to use Luzmarnled cameras to monitor intersections in the City for such code violations, and to record the license tag numbers of vehicles involved in such violations; and WHEREAS, the Attorney General has opined that the cities may not issue uniform traffic citations Linder the State law to drivers for violations observed by the use of Luzmarnled cameras and not otherwise observed by law enforcement officers; and WHEREAS, in order to be consistent with State law and the referenced Attorney General Opinion, the City will issue a Notice of Infraction for failure to stop at red lights to a registered owner of a vehicle for a violation of this ordinance and will not utilize uniform traffic citations prescribed by Chapter 316 of the Florida Statutes for violation of this ordinance and will not prosecute offenses of this Ordinance through the County Court, but, rather, through the City`s code enforcement program, procedures and processes; and WHEREAS, the City wishes to reduce the running of red lights by creating an additional enforcement mechanism to protect the public health, safety and welfare by implementing an automated photographic red light traffic enforcement system in efforts to reduce violations of steady red traffic signals at intersections in the City of Delray Seach. 2 ORD. N0.50-08 NOW, THEREFORE, SE IT ORDAINED BY THE CITY CONMSSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 74, "Civil Traffic Enforcement", of the Code of Ordinances of the City of Delray Beach, is hereby enacted to read as follow: CHAPTER 74. CIVIL TRAFFIC ENFORCEMENT. Sec. 74.01. INTENT. The purpose of this chapter is to authorize the use of an tuzmarnled cameras/monitoring system to promote compliance with red light signal indicators as described by this chapter, and to adopt a civil enforcement system for red light signal violations. Failing to stop at steady red light signal places the offending vehicle in violation of the city intersection safety ordinance. This ordinance prohibits vehicles from obstructing oc upying or ~g into an intersection when a steady red light is proiected from a traffic control device. This ordinance will also supplement law enforcement personnel in the enforcement of red light si violations and shall not prohibit county, state or local law enforcement officers from issuing a citation for a red li t signal violation in accordance with normal statutory traffic enforcement techniques. Sec. 74.02. USE OF IMAGE CAPTURE TECHNOLOGIES. The City shall utilize image capture technologies as a supplemental means of monitoring compliance with laws related to traffic control signals, while assisting law enforcement personnel in the enforcement of such laws, which are designated to protect and improve public health, safety and welfare. This section shall not supersede, infringe, curtail or impinge upon state or county laws related to red light signal violations or conflict with such laws. This ordinance shall serve to enable the City to provide enhanced enforcement and respect for authorized traffic s~nal devices. The City may utilize image capture technologies as an ancillary deterrent to traffic control signal violations and to thereby reduce accidents and ini uries associated with such violations. Notices of infractions issued pursuant to the ordinance shall be addressed using the s own Code Enforcement Hearing Officer pursuant to Section 37.45 of the Code of Ordinances of the City of Delray Beach and not through the uniform traffic citations or county courts. This shall not bar the use of uniform traffic citations and the county courts when City police personnel decide not to rely on this ordinance as the enforcement mechanism for a specific violation Sec. 74.03. DEFINITIONS. The following definitions shall apply to this ordinance: Ir~erse~ion shall mean the area embraced within the prolongation or connection of the lateral curb line; or, if none, then the lateral boundary lines of the roadways of t~ roads which i oin or intersect one another at, or approximately at, right angles; or the area within which vehicles traveling upon different roadsroads i oining at any other angle may come in conflict. ORD. N0.50-08 Notice ~nfi~ad~ion shall mean a City of Delray Seach citation issued for a Red Zone Infraction Ouner or zeYiide our~r shall mean the Person or entity identified by the state deFartmealt of motor vehicles, or other state vehicle registration office, as the registered owner of a vehicle. Such term shall also mean a lessee of a motor vehicle Pursuant to a lease of six months or more. Recorded ima~res shall mean images recorded by a traffic control signal monitoring system/device on Two or more Fhotograr Two or more electronic images; Two or more digital images; Digital or video movies; or Any other medium that can disFlay a violation; and that showy the rear of a motor vehicle and on at least one image, clearly identif,>~g the license plate number of the vehicle. Red zone infi~ad-ion shall mean a traffic offense whereby a traffic control signal monitoring s, established that a vehicle entered an intersection controlled by a duly erected traffic control device at a time when the traffic control signal for such vehicle's direction of travel was emittir~ a steady red signal. H~~O~icer shall mean the Cites Code Enforcement Hearing Officer, as described in Cha er 37, Section 37.45 (S~1)(a) of the Code of Ordinances of the City of Delra Sy each Tra f/-ic control signal shall mean a device exhibiting different colored lights or colored lighted arrow, successively one at a time or in combination, using only the colors green, yellow; and red which indicate and ably to drivers of motor vehicles as Provided in F.S. e 316.075. Tra fl-ic cantrol signal monitoring stistem/ deuce shall mean an electronic system consisting of one or more vehicle sensors, w~rldng in coniunction with a traffic control signal, still camera and video recording device, to capture and Produce recorded images of motor vehicles entering an intersection a~aii~st a steady red light signal indication ORD. N0.50-08 Sec. 74.04. ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS. Motor vehicle traffic facing a traffic control si 's stead ry ed light indication shall stoF before entering the cros`Swalk on the rear side of an intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown on the traffic control signal; however, the driver of a motor vehicle which is stoP~ed at a clearly marked stop line, but if none, before entering the cros`Swalk on the near side of the intersection or, if none, then at the Point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection in obedience of a steady red traffic control signal, may make a right turn ,unless such turn is otherwise Prohibited b~posted sign or other traffic control device, but shall ,, 'eight-of-way to Pedestrians and other traffic Proceeding as directed b,T traffic control signal at the intersection. Sec. 74.05. VIOLATION. A violation of this ordinance known as a Red Zone Infraction shall occur when a motor vehicle does not cornnly with the requirements of Chapter 74. Violations shall be enforced pursuant to Chapter 74. This Prosecution or appeal in the Coun , courts. Sec. 74.06. REVIEW OF RECORDED IMAGES. (A) The owner of the vehicle which is observed by recorded images committing a Red Zone Infraction shall be issued a Notice of Infraction The recorded image shall be sufficient grounds to issue a city Notice of Infraction. B) The City shall designate a Traffic Control Infraction Review Officer(s) who shall meet the qualifications set forth in F.S. X943.13 or F.S. ~.316.640(5~(A), or any other relevant statute. The Traffic Control Infraction Review Officer shall review recorded images Infraction Review Officer has verified the accuracy of the recorded images and functionality of the traffic control monitoring system/devices, he or she shall complete a report, and a Notice of Infraction shall be sent to the vehicle owner at the address on record with the Florida DePartmealt of Highwa~ety and Motor Vehicles or the address on record with the appropriate agenc~g such information in another state. Sec. 74.07. NOTICE OF VIOLATION/INFRACTION. ORD. N0.50-08 issued Pursuant to this ordinance shall not be by the Florida Uniform Traffic Citation and shall not be subiect to The notice of violation/infraction shall include: (A) The name and address of the vehicle owner; The license elate number and registration number of the vehicle; (C) The make, model, and near of the vehicle; (D) Notice that the violation charged is Pursuant to this ordinance; B) The location of the intersection where the violation occurred; (F) The date and time of the Red Zone Infraction; (Hl The civil penal' imposed; (I) Images depicting violation; (T) A signed statement by the Traffic Control Infraction Officer that, based on inspection of recorded images, the vehicle was involved in a Red Zone Infraction; (K) The procedures for Pa~nnent of the civil penalty and contesting the Notice of Infraction. Sec. 74.08. VEHICLE OWNER REPONSIBILTIES. (A) A vehicle owner receiving a Notice of Infraction mad , within (30,) thin dais of the date of the Notice of Infraction (1) Pay the assessed civil p~tV pursuant to instructions on the Notice of Infraction; or (2) Request an appeal before the Code Enforcement Hearing Officer to contest the Notice of Infraction Pursuant with procedures as outlined in this ordinance. (B) The failure to comply with the Provisions of this section within (30,~lurt,~ys from the date of the Notice of Infraction shall constitute a waiver of the right to contest the Notice of Infraction and will be considered an admission of liability and in such case an order maybe entered against the violator for an amount up to the maximum civil Penalt~~lus any administrative costs. ORD. N0.50-08 Sec. 74.09. APPEAL TO HEARING OFFICER. The Ci s Hearing Officer is authorized to consider meals under this ordinance. Within t ' (30~ days of the date of the Notice of Infraction, the vehicle owner may file an meal with the Ci ,T Code Enforcement Hearing Officer pursuant to the directions on the Notice of Infraction A hearing on the meal shall be scheduled for all meals in which the vehicle owner requests such a hearing within (30~~s, except those in which the vehicle owner submits an affidavit pursuant to Section 74.10 in which the vehicle owner affirms under Eenalty of Eeriury that the vehicle was not under his or her care, custody or control or that of someone with the vehicle owner's consent. (A) Upon receipt of the request for an meal, the City shall schedule a hearing before the hearing officer to occur not later than sixt,~60ws after the Ci , s receipt of the Notice of Appeal. A Notice of Hearing shall be provided to the vehicle owner no less than ten (10~~s prior to the hearing, and shall be provided by certified and U.S. mail to the same address to which the Notice of Infraction was sent. (B) The following shall be pemlis~srble grounds for an meal: 1) At the time of the infraction, the vehicle was not under the care, custody or control of the vehicle owner or an individual with vehicle owner's consent, established pursuant to affidavit as provided in Sec. 74.10. (2) The motor vehicle driver was issued a citation by a law enforcement officer, which was separate and distinct from the citation issued under this sectior~ for violating the stead red traffic control signal; (3) The motor vehicle driver was required to violate the steady red traffic control signal in order to comply with other ~overrling laws; (4) The motor vehicle driver was required to violate the steady red traffic control signal in order to reasonablyprotect the Ero ems, or rson of another; (5) The steady red traffic control si was inoperable or malfunctioning; or (6) Any other reason the Hearing Officer deems appropriate. (C) All testimony before a Hearing Officer shall be under oath and shall be recorded (D) The traffic control infraction officer mad testify at the hearing The vehicle owner mad then present testimony and evidence. ORD. N0.50-08 The formal rules of evidence shall not apply but fundamealtal due process shall be observed and shall govern the Proceedings. (F) Recorded ' s indicating a Red Zone Infraction, verified by the traffic control infraction review officer, are admissible in andproceeding before the Cites Hearing Officer to enforce the Provisions of this Chapter, and shall constitute Prima facie evidence of the violation (G,~UPon determination of the Hearing Officer irrelevant, immaterial and undulyrepetitious evidence maybe excluded but, all other evidence of a t~~Pe commonly relied upon by reasonable Prudent Persons in the conduct of their affairs shall be admissible. (Hl Unless an affidavit is provided pursuant to Sec. 74.10, it is presumed the Person registered as the vehicle owner with the Florida DeParhnent of Motor Vehicles or any other state vehicle registration office, or an individual having the owner's consent was operating the vehicle at the time of a Red Zone Infraction. Sec. 74.10. VEHICLE OWNER AFFIDAVIT OF NON-RESPONSIBILITY. In order for the vehicle owner to establish that the motor vehicle was at the time of the Red Zone Infraction, either. (a) in the care, custody or control of another Person without the consent of the registered owner; or (b) was subiect to a short term Qess than six months) car rental agreement entered into between a car rental agency which is licensed as required b~PPlicable law and is authorized to conduct business in the state, and the operator of the vehicle. The vehicle owner is required within twee , -one 21 ~ys from the date listed on the Notice, to furnish to the City, an affidavit setting forth the circumstances demonstrating either: a the motor vehicle was not in the vehicle owner's care, custody, or control, and was not in the care, custody or control of another Person with the vehicle owner's consent or (b) that the motor vehicle was subiect to a short term ,less than six months) rental agreement between the car rental agency receiving the notice and the vehicle operator and provide a true and correct co~V of the short term car rental agreement, as applicable. The affidavit must be executed in the Presence of a notary , and include: (A) If lmown to the vehicle owner, the name, address, and driver's license number of the Person (B) The name, address and driver's license number of the Person who rented the motor vehicle from the car rental agency which has received the Notice, at the time of the alleged Red Zone Infraction; or (C) If the vehicle was stolen, the Police report indicating the vehicle was stolen at the time of the alleged Red Zone Infraction; and ORD. N0.50-08 Uno~y receipt of a sufficient affidavit Pursuant to this section, andprosecution of the notice issued to the vehicle owner shall be terminated Proceedings maybe commenced by the Citesagainst the responsible Person identified in the affidavit, and in such event, the responsible Person shall be subiect to the same Process and procedures which are applicable to vehicle owners. Sec. 74.11 PENALTY. A violation of this ordinance shall be deemed a non criminal, non moving violation for which a civil penalty in the amount $125.00 shall be assessed As the violation relates to this ordinance and not to the state statutesl no points as otherwise provided in F.S. X322.27, shall be recorded on the driving record of the vehicle owner or responsible Part . Sec. 74.12. ADMINISTRATNE CHARGES. Sec. 74.13. COLLECTION OF FINES. The City establish Procedures for the collection of a Penaltyimposed herein and may enforce such penalty civil action in the nature of debt collection Sec. 74.14. EXCEPTIONS. This ordinance shall not apply to Red Zone Infractions involving vehicle collisions or to any authorized emergency vehicle responding to a bona fide emergency; nor shall a notice be issued in any case where the operator of the vehicle was issued a citation for violating the state statute regarding the failure to stop at a red light indication for the same event or incident. Sec. 74.15. APPEAL OF ORDER. Ordinances. Sec. 74.16. ENFORCEMENT. This ordinance maybe enforced bey other means available to the City Section 2. That should any section or provision of this ordinance or any portion thereof, any ORD. N0.50-08 paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 10 ORD. N0.50-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine Kozol, Police Legal Advisor THROUGH: City Attorney DATE: October 29, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2008 ORDINANCE 50-08 ITEM BEFORE COMMISSION Ordinance 50-08 will allow the City to protect the health, safety and welfare of the public by issuing an Ordinance Violation for vehicles that are observed running red lights by a traffic control monitoring system device. BACKGROUND Numerous studies have shown that the running of red lights are a major cause of motor vehicle collisions and are a safety hazard affecting other drivers as well as pedestrians. (See #7 in the attached Q&As: Red Light Cameras.) Various National organizations, including the Governors Highway Safety Association, International Association of Chiefs of Police, and the Insurance Institute for Highway Safety, have supported the use of traffic control monitoring devices for more effective and efficient traffic law enforcement. Just recently on October 2, 2008 the National Safety Council adopted a new public policy supporting the use of automated enforcement (red light cameras and speed cameras) for traffic safety. While there have been some concerns raised regarding the installation of red light cameras, such as individuals braking suddenly to avoid running a red light and possibly causing a rear end collision, and the possibility of challenges to the system and ordinance, the positive reasons for installation greatly outweigh them. Not only has it been shown that these cameras have become deterrents for people running red lights, but this system will allow law enforcement to focus more of their time on criminal activity in the area resulting in a better use of personnel and resources. Moreover, these cameras can be a valuable device to aid law enforcement in determining perpetrators of crime if they travel through a monitored intersection as well as assist traffic accident investigators in their investigations. RECOMMENDATION That the City Commission approve the ordinance on first reading. Q&As: Red light cameras Vehicle ratings ~ News ~ Consumer brochures & videos ~ Research & stats ~ Laws & regs ~ Status Report newsletter Q&As: Red light cameras February 2008 Show all answers Video: automated traffic law enforcement 1 ~ What is red light running? A violation occurs when a motorist enters an intersection some time after the signal light has turned red. Motorists inadvertently in an intersection when the signal changes to red (waiting to turn left, for example) are not red light runners. 2 ~ Is red light running a big problem? A nationwide study of fatal crashes at traffic signals in 1999 and 2000 estimated that 20 percent of the drivers involved failed to obey the signals.t In 2006, almost 900 people were killed and an estimated 144,000 were injured in crashes that involved red light running. About half of the deaths in red light running crashes are pedestrians and occupants in other vehicles who are hit by the red light runners. Motorists are more likely to be injured in urban crashes involving red light running than in other types of urban crashes. Institute researchers studied police reports of crashes on public roads in four urban areas during 1990-91. Occupant injuries occurred in 45 percent of red light running crashes, compared with 30 percent of other crash types.2 Red light running crash 3 ~ How often do drivers run red lights? A study conducted during several months at five busy intersections in Fairfax, Virginia, prior to the use of red light cameras found that, on average, a motorist ran a red light every 20 minutes at each intersection.3 During peak travel times, red light running was more frequent. Analysis of red light violation data from 19 intersections (without red light cameras) in four states found that 1,775 violations occurred over 554 hours, for a violation rate of 3.2 per hour per intersection.4 4 ~ Who runs red lights? The Institute created a profile of red light runners by studying driver behavior at an Arlington, Virginia, intersection equipped with a http://www.iihs.org/research/ganda/rlr.html (1 of 6) [10/30/2008 11:51:47 AM] Q&As: Red light cameras red light camera. The 1996 study compared red light runners with motorists who had an opportunity to run a red light but did not. As a group, red light runners were younger, less likely to use safety belts, had poorer driving records, and drove smaller and older vehicles than drivers who stopped for red lights. Red light runners were more than three times as likely to have multiple speeding convictions on their driver records. No gender differences were found between violators and drivers who did not run red lights.5 A 2007 study in Sacramento, California, found about 30 percent of red light runners were under 30 years of age.6 5 ~ What are red light cameras? Red light cameras can help communities enforce traffic laws by automatically photographing vehicles whose drivers run red lights. A red light camera system is connected to the traffic signal and to sensors that monitor traffic flow at the crosswalk or stop line. The system continuously monitors the traffic signal, and the camera is triggered by any vehicle entering the intersection above a preset minimum speed and following a specified time after the signal has turned red. Violations occurring within 2/10ths of a second after the signal changes to red generally aren't recorded because of technical limitations of the recording equipment. In addition, many red light camera programs provide motorists with grace periods of up to 1/2 second. Depending on the particular technology, a series of photographs and/or video images show the red light violator prior to entering the intersection on a red signal, as well as the vehicle's progression through the intersection. Cameras record the date, time of day, time elapsed since the beginning of the red signal, vehicle speed, and license plate. Tickets typically are mailed to owners of violating vehicles, based on review of photographic evidence. Red light camera violation photo 6 ~ Isn't conventional police enforcement sufficient? Enforcing traffic laws in dense urban areas by traditional means poses special difficulties for police, who in most cases must follow a violating vehicle through a red light to stop it. This can endanger motorists and pedestrians as well as officers, and police cannot be everywhere at once. Traffic stops in urban areas can exacerbate traffic congestion. Communities do not have the resources to allow police to patrol intersections as often as would be needed to ticket all motorists who run red lights. Red light cameras allow police to focus on other enforcement needs. 7 ~ What safety benefits do red light cameras provide? Cameras have been shown to substantially reduce red light violations. Institute evaluations in Fairfax, Virginia, and Oxnard, California, showed that camera enforcement reduced red light running violations by about 40 percent.3~7 In addition to reducing red light running at camera-equipped sites, violation reductions in both communities carried over to signalized intersections not equipped with red light cameras, indicating community-wide changes in driver behavior. An Institute evaluation of red light cameras in Philadelphia, Pennsylvania, found that after red light violations were reduced by 36 percent following increased yellow signal timing, the addition of red light cameras further reduced red light violations by 96 percent.$ In addition to reducing red light violations, cameras have been shown to reduce intersection crashes. In Oxnard, California, significant citywide crash reductions followed the introduction of red light cameras, and injury crashes at intersections with traffic signals were reduced by 29 percent.9 Front-into-side collisions -the crash type most closely associated with red light running -were reduced by 32 percent overall, and front-into-side crashes involving injuries were reduced by 68 percent. An http://www.iihs.org/research/ganda/rlr.html (2 of 6) [10/30/2008 11:51:47 AM] Q&As: Red light cameras Institute review of international red light camera studies concluded that cameras reduce red light violations by 40-50 percent and reduce injury crashes by 25-30 percent.io Some studies have reported that while red light cameras reduce front-into-side collisions and overall injury crashes, they can increase rear-end crashes. Because the types of crashes prevented by red light cameras tend to be more severe than year- end crashes, research has shown there is a positive aggregate benefit. A recent study sponsored by the Federal Highway Administration evaluated red light camera programs in seven cities.i 1 The study found that, overall, right-angle crashes decreased by 25 percent while rear-end collisions increased by 15 percent. Results showed a positive aggregate economic benefit of more than $18.5 million over 370 site years, which translates into a crash reduction benefit of approximately $39,000 per site year. The authors concluded that the economic costs from the increase in rear-end crashes were more than offset by the economic benefits from the decrease in right-angle crashes targeted by red light cameras. Not all studies have reported increases in rear-end crashes. The Cochrane Collaboration (an international organization that conducts systematic reviews of the scientific literature on public health issues) reviewed 10 controlled before-after studies of red light camera effectiveness in Australia, Singapore, and the United States.12 Using techniques of meta-analysis, the authors estimated a 16 percent reduction in all types of injury crashes and a 24 percent reduction in right-angle crashes. The review did not find a statistically significant change in rear-end crashes. 8 ~ Isn't longer yellow signal timing more effective than using red light cameras to reduce red light running? While the provision of adequate yellow signal timing is important and can reduce red light running, longer yellow timing alone does not eliminate the need or potential benefits of red light cameras. Studies have shown that increasing yellow timing to values associated with guidelines published by the Institute of Transportation Engineers13 can significantly decrease the frequency of red light violations.1415,16 In addition, a 2002 Institute study of modified yellow and all-red traffic signal timing at urban intersections reported that injury crashes were reduced by 12 percent at experimental sites relative to comparison sites.17 An Institute study conducted in Philadelphia, Pennsylvania, evaluated incremental effects on red light running of first lengthening yellow signal timing, followed by introduction of red light camera enforcement.$ Yellow signal timing was increased by about one second at two intersections where red light cameras were installed. Results show that while increased yellow signal timing reduced red light violations by 36 percent, the addition of red light camera enforcement further reduced red light violations at these sites by 96 percent beyond levels achieved by the longer yellow signal timing. 9 ~ Do the cameras photograph every vehicle passing through an intersection? No. Cameras are set so that only those vehicles that enter an intersection after the light has turned red are photographed. Vehicles that enter on yellow and are still in an intersection when the light changes to red are not photographed. This technology is intended to identify vehicles driven by motorists who enter an intersection after the signal has turned red. 10 ~ Does someone review the photographs before motorists are ticketed? Yes. Trained police officers or other officials review every picture to verify vehicle information and ensure the vehicle is in violation. Tickets are mailed to vehicle owners only in cases where it is clear the vehicle ran a red light. 11 ~ Do red light cameras violate motorists' privacy? No. Driving is a regulated activity on public roads. By obtaining a license, a motorist agrees to abide by certain rules, such as to obey traffic signals. Neither the law nor common sense suggests drivers should not be observed on the road or have their violations documented. Red light camera systems can be designed to photograph only a vehicle's rear license plate, not vehicle occupants, depending on local law. Only vehicles driven by motorists who violate the law are photographed. More information on legal issues http://www.iihs.org/research/ganda/rlr.html (3 of 6) [10/30/2008 11:51:47 AM] Q&As: Red light cameras 12 ~ Are special laws needed to allow localities to use red light cameras to cite violators? Before cameras may be used for law enforcement, laws must authorize enforcement agencies to cite red light violators by mail. The legislation must make the vehicle owner responsible for the ticket, establishing a presumption that the registered owner is the vehicle driver at the time of the offense. This can be accomplished either by state statutes or in some states by local legislation. Red light cameras currently are authorized in about half of US states. Depending on state law, violations photographed by red light cameras are commonly treated in one of two ways - as traffic violations or as the equivalent of parking tickets. If, as in New York, red light camera violations are treated like parking citations, the law can make registered vehicle owners responsible without regard to who was driving at the time of the offense. 13 ~ Are red light camera programs expensive? Camera equipment costs vary based on the type of camera, complexity of the intersection, and technical requirements. A red light camera system with installation costs approximately $100,000. A single red light camera can be used at several locations once the sites are equipped to work with the camera, allowing communities to move cameras among sites without drivers knowing which ones are active at any given time. Startup costs can be offset by fines, savings from crashes prevented, and by freeing police to focus on other enforcement efforts. 14 ~ Isn't the main purpose of red light cameras to make money? No. The objective of photo enforcement is to deter violators, not to catch them. Signs and publicity campaigns typically warn drivers that photo enforcement is in use. Revenue is generated from fines paid by drivers who continue to run red lights, but this is a fundamental component of all traffic enforcement programs. Independent audits of red light camera enforcement have found that these programs generally do not generate excess revenue. For example, the California state auditor reported in 2002 that red light cameras were not generating large amounts of revenue.i$ The financial status of only two of the state's seven camera programs was break-even or better. The US General Accounting Office reported in 2003 on the contribution of federal funds to local use of photo enforcement technology and the amount of revenue generated by these programs.19 The report found that photo enforcement program revenues were lower than program costs in three jurisdictions, while the revenues in two other jurisdictions exceeded program costs. 15 ~ Does the American public support the use of red light cameras? The large majority of the US public supports red light cameras. A 2000 Institute survey in ten cities -five with cameras and five without -reported that more than 75 percent of drivers supported camera enforcement.20 A 2002 nationwide survey sponsored by the National Highway Traffic Safety Administration and conducted by the Gallup Organization found that 75 percent of drivers favored the use of red light cameras.21 A 1996 survey by the Insurance Research Council found that the highest support for red light cameras was in large cities, where 83 percent of respondents supported their use, compared with 52 percent of respondents in suburbs.22 16 ~ Do major US cities use red light cameras? Cameras are used for law enforcement in Albuquerque, Atlanta, Baltimore, Chicago, Denver, Houston, Los Angeles, New York City, Philadelphia, Phoenix, San Diego, San Francisco, Seattle, and Washington, DC, plus many smaller communities. US cities with red light cameras 17 ~ What other countries use red light cameras? Red light cameras have been used in at least 33 foreign countries since the 1970s.23 Countries that use red light cameras http://www.iihs.org/research/ganda/rlr.html (4 of 6) [10/30/2008 11:51:47 AM] Q&As: Red light cameras include Australia, Austria, Belgium, Canada, Germany, Israel, the Netherlands, Singapore, South Africa, Switzerland, Taiwan, and the United Kingdom. References ~ Brittany, N.; Campbell, B.N.; Smith, J.D.; and Najm, W.G. 2004. Analysis of fatal crashes due to signal and stop sign violations. Report no. DOT HS-809- 779. Washington, DC: National Highway Traffic Safety Administration. 2Retting, R.A.; Williams, A.F.; Preusser, D.F.; and Weinstein, H.B. 1995. Classifying urban crashes for countermeasure development. Accident Analysis and Prevention 27:283-94. SRetting, R.A.; Williams, A.F.; Farmer, C.M.; and Feldman, A.F. 1999. Evaluation of red light camera enforcement in Fairfax, Va., USA. ITE Journa169:30-34. 4Hill, S.E. and Lindly, J.K. 2003. Red light running prediction and analysis. UTCA Report no. 02112. Tuscaloosa, AL: University Transportation Center for Alabama. SRetting, R.A. and Williams, A.F. 1996. Characteristics of red light violators: results of a field investigation. Journal of Safety Research 27:9-15. SYang, C.Y. and Najm, W.G. 2007. Examining driver behavior using data gathered from red light photo enforcement cameras. Journal of Safety Research 38:311-21. SRetting, R.A.; Williams, A.F.; Farmer, C.M.; and Feldman, A. 1999. Evaluation of red light camera enforcement in Oxnard, California. Accident Analysis and Prevention 31:169-74. SRetting, R.A.; Ferguson, S.A.; and Farmer, C.M. 2008. Reducing red light running through longer yellow signal timing and red light camera enforcement: results of a field investigation. Accident Analysis and Prevention 40:327-33. SRetting, R.A. and Kyrychenko, S.Y. 2002. Reductions in injury crashes associated with red light camera enforcement in Oxnard, California. American Journal of Public Health 92:1822-25. ~oRetting, R.A.; Ferguson, S.A.; and Hakkert, A.S. 2003. Effects of red light cameras on violations and crashes: a review of the international literature. Traffic Injury Prevention 4:17-23. >>Council, F.; Persaud, B.; Eccles, K.; Lyon, C.; and Griffith, M. 2005. Safety evaluation of red-light cameras: executive summary. Report no. FHWA HRT-05- 049. Washington, DC: Federal Highway Administration. 12Aeron-Thomas, A. S. and Hess, S. 2005. Red-light cameras for the prevention of road traffic crashes. Cochrane Database of Systematic Reviews 2005, Issue 2, Art. no. CD003862. Oxfordshire, England: The Chochrane Collaboration. 131nstitute of Transportation Engineers. 1985. Determining vehicle change intervals: a recommended practice. Washington, DC: Institute of Transportation Engineers. 14Bonneson, J.A. and Zimmerman, K.H. 2004. Effect of yellow-interval timing on the frequency of red-light violations at urban intersections. Transportation Research Record 1865:20-27. 15Retting, R.A. and Greene, M.A. 1997. Influence of traffic signal timing on red light running and potential vehicle conflicts at urban intersections. Transportation Research Record 1595:1-7. ~SVan Der Horst, R. 1988. Driver decision making at traffic signals. Transportation Research Record 1172:93-97. »Retting, R.A.; Chapline, J.F.; and Williams, A.F. 2002. Changes in crash risk following re-timing of traffic signal change intervals. Accident Analysis and Prevention 34:215-20. ~SCalifornia State Auditor. 2002. Red light camera programs. Sacramento, CA: Bureau of State Audits. SUS General Accounting Office. 2003. Traffic enforcement: funding of automatic red-light and speed enforcement technologies. Report no. GAO-03- 408R. Washington, DC. 20Retting, R.A. and Williams, A.F. 2000. Red light cameras and the perceived risk of being ticketed. Traffic Engineering and Control 41:224-25, 227. 2i National Highway Traffic Safety Administration. 2004. National survey of speeding and unsafe driving attitudes and behavior: 2002; Volume II: findings. Report no. DOT HS-809-730. Washington, DC: US Department of Transportation. 221nsurance Research Council. 1996. Public attitude monitor, 1996. Wheaton, IL. 2sBlackburn, R.R. and Glibert, D.T. 1995. Photographic enforcement of traffic laws. Washington, DC: National Academies Press. http://www.iihs.org/research/ganda/rlr.html (5 of 6) [10/30/2008 11:51:47 AM] Q&As: Red light cameras search search help ~ site index ©1996-2008, Insurance Institute for Highway Safety, Highway Loss Data Institute ~ copyright/use of images/linking policies # contact us ~ privacy policy ©1996-2008, Insurance Institute for Highway Safety, Highway Loss Data Institute 1005 N. Glebe Road, Suite 800, Arlington, VA 22201 USA ~ tel 703/247-1500 ~ fax 703/247-1588 http://www.iihs.org/research/ganda/rlr.html (6 of 6) [10/30/2008 11:51:47 AM] MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 10, 2008 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 ORDINANCE N0.53-08 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading of a modification to the Community Redevelopment Plan adding section number 3.11, "Sponsorship of City Tennis Tournaments". BACKGROUND At the first reading on November 3, 2008, the Commission passed Ordinance No. 53-08. RECOMMENDATION Recommend approval of Ordinance No. 53-08 on second and final reading. ORDINANCE NO. 53-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSNE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTE 163.360; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a Community Redevelopment Agency as provided in Florida Statutes Section 163.356; and WHEREAS, on December 23, 1986, the Board of County Commissioners of Palm Beach County passed and adopted Resolution No. R-86-2003 delegating the exercise of the powers conferred upon the County by Chapter 163, Part 3, Florida Statutes, within the boundaries of the City of Delray Beach to the governing body of the City of Delray Beach completely and without limitation; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has heretofore approved a Community Redevelopment Plan on September 9, 1986, by Resolution No. 49-86 as subsequently amended on November 24, 1987, by Resolution No. 47-87, and as further ratified and amended on February 14, 1989, by Resolution No. 6-89, and as further ratified and amended on September 25, 1990, by Resolution No. 86-90; and as further ratified and amended on April 9, 1991, by Resolution No. 28-91; and as further ratified and amended on November 26, 1991, by Resolution No. 93-- 91; and as further ratified and amended on May 26, 1992, by Ordinance No. 17-92; and as further ratified and amended on December 1, 1992, by Ordinance No. 60-92; and as further ratified and amended on February 22, 1994, by Ordinance No. 5-94; and as further ratified and amended on September 5, 1995, by Ordinance No. 48-95; and as further ratified and amended on March 5, 1996, by Ordinance No. 8-96; and as further ratified and amended on February 3, 1998 by Ordinance No. 2-98 and Resolution No. 11-98; as further ratified and amended on November 7, 2000 by Resolution No. 94-00; and as further ratified and amended on May 15, 2001 by Ordinance 33-01; and as further ratified and amended on January 18, 2005 by Ordinance Ol-O5; and as further ratified and amended on March 18, 2008 by Ordinance 11-08; and WHEREAS, the Community Redevelopment Agency of the City of Delray Beach, Florida, hereinafter referred to as the "'CRA", has heretofore adopted a Community Redevelopment Plan; and WHEREAS, the CRA is desirous of modifying said Plan to provide for the addition of a new program to the Plan; and WHEREAS, the CRA of the City of Delray Beach has recommended to the City Commission of the City of Delray Beach, Florida, that the Community Redevelopment Plan be modified, amended and ratified in the form attached hereto as Exhibit "A"; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications conform to the Community Redevelopment Act of 1969, as amended; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications are consistent with the City of Delray Beach's Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications meet the applicable requirements of Section 163.360, Florida Statutes; and WHEREAS, the City Commission shall hold a public hearing on said modifications to the Plan, after public notice is given in conformance with the requirements of Chapter 163, Part 3, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the preamble stated above is hereby incorporated by reference herein, as findings of fact upon which this ordinance is based. Section 2. That the Community Redevelopment Plan for the City of Delray Beach be, and the same is hereby modified, amended and ratified in the form attached hereto as Exhibit "A" and made a part hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and 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 this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 ATTEST: MAYOR City Clerk First Re Second Reading Part Four: The Redevelopment Program EXHIBIT "A" II: Community Redevelopment Agency Projects and Programs C: Group 3: Community Improvement Programs No. 3.11: Sponsorship of City Tennis Tournaments Background In 1992, the CRA agreed to contribute $481,000 to the rehabilitation of the City's Municipal Tennis Center. The rehabilitation project, which began in 1993, expanded the existing center and included the construction of a 3,000-seat stadium court, as well as additional courts and a pro shop. In 1993, Delray Beach successfully hosted the Virginia Slims national women's tournament, seeing a record 80,000 people attend over atwo-week period. Since that time, Delray Beach has hosted several major sporting events at the Tennis Center, including professional tennis and volleyball tournaments. Seating in the stadium has been increased to 8,200 seats. The events produce a positive economic impact for businesses throughout the downtown and the CRA District that grows over time. In 2001, the estimated economic impact of the International Tennis Championships was approximately $7.7 million, growing to an estimated $8.5 million in 2008. Intangibles such as media exposure and increased name recognition provide additional benefits for the city. the CRA District and its merchants. At the request of the City, the CRA agreed to provide $500,000 to help offset the costs of host site fees for tennis tournaments held at the Tennis Center in 2008. The additional funds would allow the City to continue to use the Tennis Center as a viable and competitive venue for professional tournaments and events. Program Objectives • Encourage the use of the Municipal Tennis Center as a venue for major sporting events and other entertainment activities. • Stimulate economic development within the West Atlantic Redevelopment Area and the downtown as a whole by attracting visitors and activity to a major public facility located directly within the area. • Promote economic development in the Central Core and Beach Area districts of the downtown by the sponsorship of tournaments that attract thousands of visitors, many of whom will patronize hotels, restaurants, and shops in these districts. Program Description • The CRA will participate as a sponsor for major events occurring at the Delray Beach Tennis Center. Events may include, but are not limited to, the International Tennis Championship tournaments, Players International Youth Tournaments, and the Chris Evert Charity Tournament. • The City will provide the CRA with sponsor benefits. Benefits may include, but are not limited to, signage, booth space, media advertisements, and promotional materials. Program Participants & Administration • This program is to be primarily administered by the City of Delray Beach and the event providers. Funding Sources • The CRA provided an initial allocation of $500,000 of for the program in FY 2008/2009. • Additional allocations will be determined annually during the budget process or at the discretion of the CRA on an as-needed basis. Program Schedule • Sponsorship of City tennis tournaments was first implemented in FY 2008/2009 and is ongoing MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: October 29, 2008 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2008 ORDINANCE N0.53-08 ITEM BEFORE COMMISSION The item before the City Commission is approval of a proposed amendment to the Community Redevelopment Plan to add a section providing for the sponsorship of tournaments at the Delray Beach Municipal Tennis Center. BACKGROUND The Delray Beach Municipal Tennis Center has been a critical component of the redevelopment of both the downtown's Central Core Area and the West Atlantic Redevelopment Area. Since the renovation of the site was completed in 1993, Delray Beach has become a competitive venue for major sporting events and tournaments. Events like the Chris Evert Charity Tournament and the International Tennis Championship Tournament bring tens of thousands of people to downtown Delray Beach. Visitors attending these events also patronize area hotels, shops and restaurants, creating a substantial economic impact to the Community Redevelopment Agency (CRA) District. In 2008, the economic impact of these events was estimated to be approximately $8.5 million. While preparing the FY 2008/2009 budget, the City of Delray Beach requested that the CRA agree to contribute a $500,000 sponsorship to help offset the cost of site host fees for major tournaments held at the tennis center. The sponsorship will prevent the City from having to eliminate various job positions and functions such as animal control and many school crossing guards, due to significant budget cuts. The sponsorship has been included in the CRA budget for FY 2008/2009. The CRA will receive a set of benefits, including various marketing opportunities, in exchange for the contribution. The sponsorship supports the CRA mission, as well as the goals of the Downtown Master Plan, by helping the Tennis Center remain a competitive venue for major events. However, an amendment to the Community Redevelopment Plan is required in order for the CRA to provide the sponsorship. REVIEW BY OTHERS The Planning and Zoning Board considered the amendment at their October 20, 2008 meeting and unanimously recommended approval on a 6-0 vote. The CRA considered the request at their October 16, 2008 meeting and unanimously recommended approval. RECOMMENDATION By motion, approve the proposed amendment to the Community Redevelopment Plan to add a section providing for the sponsorship of tournaments at the Delray Beach Municipal Tennis Center. PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: October 20, 2008 AGENDA NO: V. C. AGENDA ITEM: CONSIDERATION OF A PROPOSED AMENDMENT TO THE COMMUNITY REDEVELOPMENT PLAN AMENDING SECTION 3.11: SPONSORSHIP OF CITY TENNIS TOURNAMENTS. ITEM BEFORE THE BOARD The item before the Board is to approve the proposed amendment to the Community Redevelopment Plan to add a section providing for the sponsorship of tournaments at the Delray Beach Municipal Tennis Center. BACKGROUND/ANALY~I~ The Delray Beach Municipal Tennis Center has been a critical component of the redevelopment of both the downtown's Central Core Area and the West Atlantic Redevelopment Area. Since the renovation of the site was completed in 1993, Delray Beach has become a competitive venue for major sporting events and tournaments. Events like the Chris Evert Charity Tournament and the International Tennis Championship tournament bring tens of thousands of people to downtown Delray Beach. Visitors attending these events also patronize area hotels, shops and restaurants, creating a substantial economic impact for our District. In 2008, the economic impact of these events was estimated to be approximately $8.5 million. While preparing the FY 2008/2009 budget, the City of Delray Beach requested that the Community Redevelopment Agency {CRA) agree to contribute a $500,000 sponsorship to help offset the cost of site host fees for major tournaments held at the tennis center. The sponsorship will prevent the City from having to eliminate two job positions, due to significant budget cuts. The sponsorship has been included in the CRA budget for FY 2008/2009. The CRA will receive a set of benefits, including various marketing opportunities, in exchange for the contribution. The sponsorship supports the CRA mission, as well as the goals of the Downtown Master Plan, by helping the Tennis Center remain a competitive venue for major events. However, an amendment to the Community Redevelopment Plan is required in order for the CRA to provide the sponsorship. The CRA Plan was last amended in March, 2008. That amendment included a thorough update of many different components of the plan. The current amendment is on a much smaller scale, consisting only of the addition of the sponsorship program. REC®fVIIN1ENDED ACTION Approve the proposed amendment to the Community Redevelopment Plan to add a section providing for the sponsorship of tournaments at the Delray Beach Municipal Tennis Center. Report Prepared By: Elizabeth C. Butler, Marketing & Grants Coordinator Attachment: ^ Proposed Amendment No. 3.11: Sponsorship of City Tennis Tournaments Background In 1992, the Community Redevelopment Agency (CRA) agreed to contribute $481,000 to the rehabilitation of the City's Municipal Tennis Center. The rehabilitation project, which began in 1993, expanded the existing center and included the construction of a 3,000-seat stadium court, as well as additional courts and a pro shop. In 1993, Delray Beach successfully hosted the Virginia Slims national women's tournament, seeing a record 80,000 people attend over atwo- week period, Since that time, Delray Beach has hosted several major sporting events at the Tennis Center, including professional tennis and volleyball tournaments. Seating in the stadium has been increased to 8,200 seats. The events produce a positive economic impact for businesses throughout the downtown and the CRA District that grows over time. In 2001, the estimated economic impact of the International Tennis Championships was approximately $7.7 million, growing to an estimated $8.5 million in 2008. Intangibles such as media exposure and increased name recognition provide additional benefits for the city, the CRA District and its merchants. At the request of the City, the CRA agreed to provide $500,000 to help offset the costs of host site fees for tennis tournaments held at the Tennis Center in 200$. The additional funds would allow the City to continue to use the Tennis Center as a viable and competitive venue for professional tournaments and events. Program Objectives • Encourage the use of the Municipal Tennis Center as a venue for major sporting events and other entertainment activities. • Stimulate economic development within the West Atlantic Redevelopment Area and the downtown as a whole by attracting visitors and activity to a major public facility located directly within the area. Promote economic development in the Central Core and Beach Area districts of the downtown by the sponsorship of tournaments that attract thousands of visitors, many of whom will patronize hotels, restaurants, and shops in these districts. Program Description • The CRA will participate as a sponsor for major events occurring at the Delray Beach Tennis Center. Events may include, but are not limited to, the International Tennis Championship tournaments, Players International Youth Tournaments, and the Chris Evert Charity Tournament. • The City will provide the CRA with sponsor benefits. Benefits may include, but are not limited to, signage, booth space, media advertisements, and promotional materials. Program Participants & Administration • This program is to be primarily administered by the City of Delray Beach and the event providers. Funding Sources The CRA provided an initial allocation of $500,000 for the program in FY 2008/2009. Additional allocations will be determined annually during the budget process or at the discretion of the CRA on an as-needed basis. Program Schedule • Sponsorship of City tennis tournaments was first implemented in FY 2008/2009 and is ongoing. MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: November 12, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 ORDINANCE NO.55-08 ITEM BEFORE COMMISSION The item before the Commission is consideration of aCity-initiated annexation and initial zoning of CF (Community Facilities) for Fair Oaks Hospital. The affected property is located south of Linton Boulevard, approximately 2,150 feet west of Military Trail, and contains approximately 5.47 acres. BACKGROUND The property under consideration is an unplatted 5.47 acre parcel which contains a 59,420 sq. ft. hospital, known as Fair Oaks Hospital. On February 3, 1981, an Agreement for water and sewer service was executed for the subject property as well as the adjacent Delray Medical Center, medical office and shopping center developments. The facility was constructed in 1983, and City water and sewer facilities were extended to the development. On March 18, 1999, the Agreement for water and sewer service was amended and included paragraphs which gave consent for future annexation and a storm water assessment fee. The Agreement was processed in conjunction with a proposal to expand Delray Medical Center. The agreement stated that the overall development will be annexed in phases with the shopping center to be annexed by March 31, 2001 (completed), Delray Medical Center by 2005 (completed), Fair Oaks Hospital by 2008 (subject project), and the Lago Vista property by 2011. The City is processing a concurrent FLUM (Future Land Use Map) amendment from County INST to City CF which is included as part of Comprehensive Plan Amendment 2008-2 which will be considered by the City Commission on December 9, 2008. REVIEW BY OTHERS The Planning and Zoning Board considered the request at their April 21, 2008 meeting and unanimously (7-0) recommended approval. Palm Beach County Notice: On February 14, 2008, the Palm Beach County Planning Division was notified of the City's intent to annex this property. The City received a response from the County on March 17, 2008 in which the County acknowledged the request was consistent with Chapter 171 F.S. and they had no objection. Interlocal Plan Amendment Review Committee (IPARC) Notice: Notice of the Future Land Use Map Amendment was also provided to IPARC which distributes the information to adjacent municipalities. To date, no objections have been received. Courtesy Notice: A courtesy notice was sent to the Neighborhood Advisory Council. Public Notice: Formal public notice has been provided to the property owner and to property owners within a 500' radius of the subject property. We have received no letters of objection or support. RECOMMENDATION By motion, approve the City initiated annexation, and initial zoning designation of CF for Fair Oaks Hospital, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, meets the criteria set forth in Sections 2.4.5(C)(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, and complies with Florida Statutes Chapter 171. ORDINANCE NO. 55-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED APPROXIMATELY 650 FEET SOUTH OF LINTON BOULEVARD ON THE EAST SIDE OF THE LAKE WORTH DRAINAGE DISTRICT (LWDD) E-3 CANAL, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES) PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Tenet Healthcare Corporation is the fee simple owner of a 5.47 acre parcel of land located approximately 650 feet South of Linton Boulevard on the East side of the Lake Worth Drainage District (LWDD) E-3 Canal; and WHEREAS, pursuant to the Agreement for Water and Sewer Service and Consent to Annexation and Stormwater Management Assessment executed on March 18, 1999, the City of Delray Beach intends to annex the subject property into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of April 21, 2008, and voted 7 to 0 to recommend that the annexation be approved with an initial zoning of CF (Community Facilities) District, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: A parcel of land situated in Section 26, Township 46 South Range 42 East, Palm Beach County, Florida, being more particularly described as follows: Commencing at the northeast corner of said Section 26; thence along the North line of said Section 26, North 89° 56' 07" West a distance of 1967.73 feet to a point on the South right-of-way line of Linton Boulevard as described in official Record Book 7818, Page 139, Public Records of Palm Beach County, Florida, said point being a point of curvature of a curve concave to the South having a radius of 7581.44 feet; thence along said south right-of-way line and westerly along the arc of said curve, through a central angle of 01 ° 46' 47", a distance of 235.48 feet to anon-tangent line; thence South 00° 03' 53" West, a distance of 712.34 feet to a point on the South line of the North 715.99 feet of said Section 26 and the Point of Beginning; thence continue South 00° 03' 53" West, a distance of 635.69 feet to a point on the South line of the North half of the northeast quarter of said Section 26; thence along said South line South 89° 52' 51" West, a distance of 369.21 feet to a point on the East line of the West 56.10 feet of the northeast quarter of said Section 26; thence along said East line North 00° 31' 11" West, a distance of 636.91 feet to a point on the said South line of the North 715.99 feet of Section 26; thence along said South line South 89° 56' 07" East, a distance of 375.71 feet to the Point of Beginning. 2 ORD. NO 55-08 Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in the CF (Community Facilities) Zoning District as defined be existing ordinances of the City of Delray Beach. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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 9. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to zoning, upon the effective date of Ordinance No. 17-08, under which official land use designation of CF (Community Facilities) is affixed to the subject parcel herein described. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 20 3 ORD. NO 55-08 ATTEST City Clerk First Read Second Reading MAYOR ORD. NO 55-08 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: April 21, 2005 IV. A. 2. ---STAFF REPORT--- City initiated Future Land Use Map Amendment From County - iNST {Institutional) To City - CF {Community Facilities) and Associated Annexation (Via the Provisions of the Executed Water Service Agreement and Consent To Annexation} Wi#h Enitial Rezoning to CF (Community Facilities) For Fair Oaks Hospital Located on the South Side of Linton Boulevard, Approximately 2,150 Feet west of Mili#ary Trail (Quasi- Judicial Hearing) Owner .......................~----------~------ Appiicant-----~ ............................... ~ocation ...................................... Property Size ...............~------•....... Existing County F.L.U.M. Designation .....--•~ ....................... Proposed City F.L.U.M. Designation ................................. Existing County Zoning ............... Proposed City Zoning ................. Adjacent Zoning ................North: East: South: West: Existing Land Else ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................. Tenet Healthcare Corporation David T. Harden, City Manager City of Delray Beach South side of Linton Boulevard, approximately 2,150 feet west of Military Trail. 5.47 Acres County fNST {Institutional) CF {Community Facilities) County IPF {Institutional and Public Facilities} CF {Community Facilities) P.B. County RMISE City CF {Community Facilities) P.B. County RSISE P.B. County PUD Hospital Complex Hospital Complex Existing on site Existing on site ~~ ~ ~a o ~ a ~~~~~: aou~cv 3 -- - ~ ;~ a m C;1 c-~ C3 IV. A. 2. ITEM BEI=ORE THE BOAR© The action before the Board is that of making a recommendation on aCity-initiated Annexation, Future Land Use Map Amendment from County INST {Institutional) to City CF (Community Facilities) with initial zoning of CF {Community Facilities) for Fair Oaks Hospital. The affected property is located on the south side of Linton Boulevard, approximately 2,150 feet west of Military Trail, and contains approximately 5.47 acres. LDR Sections 2.4.5 {A), (C} and (D} provide rules and procedures for the processing of this petition. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency {Planning and Zoning Board} shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map. BAGKGROUN© ~~ The property under consideration is an unplatted 5.47 acre parcel which contains a 59,420 sq. ft. hospital, known as Fair Oaks Hospital. On February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject property as well as for the adjacent Delray Medics! Center, medical office and shopping center developments. The facility was constructed in 1983, and City water and sewer facilities were extended to the development. On March 18, 1999, the Agreement for Wafter and Sewer Service was amended and included paragraphs, which gave consent for future annexation and a storm water assessment fee. The Agreement was processed in conjunction with a proposal to expand the medical center. The agreement stated that the overall development will be annexed in phases with the shopping center to be annexed by March 31, 2401 (completed), Delray Medico[ Center by 2005 (completed}, Fair Oaks Hospital by 2008 {subject project}, and Lago Vista property by 2011. The City is processing the FLUM (Future Land Use Map) amendment from County INST to City CF and the Annexation with initial zoning of CF, pursuant to the referenced agreement. FUTURI= LAND USE MAPAMENDMEIVT ANALYSES This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits far consideration of plan amendments {F.S. 163.3187). REQUIRED FINDINGS: LDR (CHAPTER 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map [Section 3.1.1(A)], Concurrency [Section 3.1.1(B)], Comprehensive Plan Consistency [Section 3.1.1(C)], and Compliance with the Land Development Regulations [Section 3.1.1(D}]. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The accompanying annexation and initial zoning application is seeking a CF (Community Facilities) zoning district. The proposed CF Future Land Use Map designation is consistent with the proposed CF zoning designation. The existing hospital is allowed as a conditional use within the CF zoning district [ref. LDR Section 4.4.21(D)(1)]. Based upon the above, positive findings can be made with respect to Future Land Use Map consistency. P&Z Board Staff Repor# Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initiaf Zoning of CF The remaining required findings of LDR Section 3.9.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: ^ Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conserva#ion or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must . be addressed with all FLUM amendments. The above requirement does not apply as the FLUM amendment is associated with an annexation, and the advisory CF (Community Facilities} FLUM designation is being applied. The proposed City CF FLUM designation is consistent with the County INST FLUM designation. ^ Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The request is to apply the advisory CF FLUM designation, which was applied to this property with adoption of the Comprehensive Plan and Future Land Use Map in 1989. Thus, the designation is consistent with the goals, objectives, and policies of the Comprehensive Plan. ^ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the enure planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. The proposed CF designation is of the same intensity as the existing County INST designation. Thus, the act of officially adopting the City's Community Facilities (CF) Future Land Use Map designation has no negative impact with respect to level of service standards. ^ Compatibility --The requested designation will be compatible with the existing and future land uses of the surrounding area. North: North of the subject property contains the Lago Vista Rehabilitation Facility and it has a County Future Land Use Map designation of INST18 (Institutional, with an underlying High Residentia!-8 units per acre), and an advisory City FLUM designation of CF (Community Facilities). South: The abutting property to the south has a County Future Land Use Map designation of MR-5 (Medium Residential, 5 units per acre) and is zoned RS/SE {Single Family Residential). The existing use of the property is the Country Lake Subdivisron. East: The property to the east, has a City Future Land Use Map .designation of CF {Community Facility) and is zoned CF (Community Facility). The existing use is the Delray Medical Center. 2 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF Wesf: The property to the west contains the Addison Trace residential subdivision and has a County Future Land Use Map designation of MR-5 (Medium Density- 5 units per acre) and a County zoning designation of PUD (Planned Unit development). The existing hospital complex has co-existed with the surrounding developments for many years. The application of the advisory CF Future Land Use Map designation to the existing community facilities property is compatible with existing and future land uses of the surrounding area. Site specific compatibility of future development with the adjacent developments will be addressed at the time of site and development plan review of future development proposals. Compliance -- Development under the reques#ed designation will comply with the provisions and requirements of the Land Development Regulations. There is no development proposal associated with the Annexation, FLUM amendment, and initial zoning requests. Compliance with the Land Development Regulations will be addressed with future development proposals. There are no problems anticipated with the ability to comply with the Land Development Regulations. ANHEXATIQ[V ANALYStS Land Development Reaulations Governina Annexa#ions: Pursuant to the LDR Section 2.4.5 {C)(1 }, the City may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end. The City initiated annexation is pursuant to the Agreement for Wafer and Sewer Service and Consent to Annexation and Sformwater Management Assessmenf executed on March 18, 1999. CONSISTENCY WITH THE CITY COMPREHENSIVE PLAN: Desiqnated Annexation Area: Pursuant to Future Land Use Element Policy B-3.5, the property to be annexed is located within "Annexation Area B", southwest corner of Linton Boulevard and Military Trail. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1 }. The following is a discussion of required services and the manner in which they will be and are provided. Police: This property is currently serviced by the Palm Beach County Sheriffs Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff patrol zone 9. Zone 9 is bordered by Jog Road on the west, the Atlantic Ocean on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be accommodated by "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach Police Department has 15 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. City police currently pass the property while patrolling areas of the City to the east of the property. !Fire and Emergency Services: The annexation of this property will not require additional manpower. The adjacent municipal area is served by Fire Station No. 5 (Linton Boulevard & Germantown Road}. With annexation, the property will receive an improvement in response time from the current 3.5 minutes of the County Fire Department (Pheasant Walk Station) to approximately 1.5 minutes for the City Fire Department {Fire Station No. 5). 3 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with initial Zoning of CF Police and Fire Personnel Needs: This annexation does not directly generate the demand for additional Police and Fire personnel. However, this annexation in conjunction with the recent annexations of Country Club Acres, The Colony, Bexley Park and the Delray Medical Center as well as the redevelopment that has occurred in the City, have generated additional demands for personnel from both the Police and Fire Rescue Departments. These needs have been addressed through the City budgetary process. Water and Sewer: The existing development is connected to the City municipal water and sewer system, via 8" and 10" water mains, and 8" sewer mains. As part of the Agreement for Water and Sewer Service in 1981, these mains were extended to the site. Streets: This property has direct access to Linton Boulevard through the adjacent Delray Medical property, and to Military Trail via an access tract through Palm Court Plaza. The portion of Military Tail immediateiy adjacent to the Wal-Mart and Palm Court Plaza is under the jurisdiction of the City of Delray Beach, while the maintenance responsibility remains with Palm Beach County. Linton Boulevard is under Palm Beach County jurisdiction. The jurisdictional responsibility and the associated maintenance responsibility will not change with this annexation. As the property is currently developed as a hospital, there will be no change with respect to traffic. With any proposals for building additions, traffic will be evaluated. Parks and Open Space: The existing institutional development does not have an impact with respect to this level of service standard. It is noted, however, that the City currently provides approximately 8 acres per 1,000 residents of recreation space, which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan. Solid Waste: As there is no change in actual land use, there is no impact on solid waste disposal. The service provider will remain the same, as described later in this report. Financial Imoacts: Effect Upon Annexed Property: NOTE: The following analysis includes the Fair Oaks Hospital facility, which is being considered for annexation at this time. Palm Beach County Property Appraiser's records include Fair Oaks and the Delray Medical Center as one parcel, which has one property control number (Tax LD. Number). Thus, the County's assessment incorporates all the improvements within the parcel. Prior to annexation, the two facilities will need to have their own property control numbers. The following is provided for illustration purposes and are estimates based upon the current situation. The actual fiscal impacts will be less than indicated below. For the 2007 tax year, Fair Oaks Hospital had an assessed value of $4,191,198. With the change from County to City jurisdiction, the fallowing taxes and rates will be affected: Taxes FirelRescue MSTU Library City of Delray Beach City of Delray Beach Debt Millage With Annexation 2.7794 Deleted (County} .4970 Deleted (County} 6.1449 Added {City) .4334 Added (City) 3.3019 Difference* Total tax millage in the County is 16.7916 mills, while in the City the total millage rate is 20.0935 mills. 4 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF The current yearly Ad Valorem taxes are $70,376.93. With annexation the yearly Ad Valorem taxes will be $84,215.83, a tax difference of $13,838.90. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility -This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units, the assessment fee is calculated using the following formula (# sq. ft. of impervious area12,502) X $54. A 25% discount from the assessment is available if drainage is retained on site. Also, a 25% discount from the assessment is available because the subject property is located within the Lake Worth Drainage District. As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $848.34 (33% Impervious= 78,63012502 X $54.00150%}. A further increase based upon new impervious surfaces will be realized with future developmentlredevelopment of the site. Solid Waste Authority -The South Military Trail annexation area is serviced by Waste Management {pursuant to a contract awarded on October 1, 2003), and the City's contract is currently through Waste Management. Therefore, the waste service provider will remain with Waste Management upon annexation. Business Tax Receipts -The hospital has a county business tax license. With the annexation, the hospital must obtain a Business Tax license from the City, in addition to the County's license. The City license fee is $149.10. WaterlSewer Rates -The Fair Oaks Hospital is currently served by municipal water and sewer. Properties no# located within the City tha# receive City water and sewer service are assessed an Out-of City surcharge. Under that scenario, annexation of properties receiving municipal water would see a 25% reduction in water and sewer rates. Thus, the hospital will experience a decrease in water and sewer rates. ]n conjunction with the amendment to the agreement in 1999, an "Agreement and General Release" was included whereas the City agreed to make certain reimbursements for use of certain water lines, mains and lift stations installed by the developers. The City. would. pay a total of $224,735.00 to cover the reimbursements set forth in the waterlsewer agreement entered into by the parties in February 1981. The payment was divided into five equal payments of $44,947.00 fora 5 year period commencing March 1, 2001. These payments have been completed and the City financial obligations in this regard have been satisfied. Resulting Impacts to Property Owner: SUMMARY'OF IMPACTS ON THE PALM COURT PLAZA FINANCIAL CONSIDERATIONS AD VALOREM TAXES {Change from 2007/2008 County of 16.7961 to City 2007/2008 $ 13,838.90 rate 20.0935 mills 3.3019). NON AD VALOREM Stormwater Assessment $ 848.34 BUSINESS TAX LICENSE FEES $149.10 ANNUAL FINANCIAL IMPACT: $14,836.34 ~ Water and Sewer fees will decrease with annexation, and is based upon consumption. 5 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with initial Zoning of CF FIRE RESPONSE + Faster response time from (estimated time} 3.5 minutes {County) to 1.5 minutes (City} EMS + Faster response time from (estimated time} 3.5 minutes (County) to 1.5 minutes (City} 6.0 minutes (County) to 1.5 minutes {City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT +Pro-active vs. reactive opportunity to work with property owners Fiscal Impacts to the City: At the 2008/2009 City operating millage rate of 6.1449 mills and debt rate of 0.4334 mills, the property will generate approximately $27,570.96 in new Ad Valorem taxes per year. Additional revenues will be realized #hrough increased assessment value, the annual collection of the stormwater assessment fee, business tax fees, as well as utility taxes (9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric, telephone, gas, and cable. REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5{C){4), the City Commission must make findings that the annexation is consistent wi#h Objective B-3 of the Future Land Use Element, and complies with F.S. 171. As stated above, the subject property is located within designated annexation Area B. Its annexation is consistent with Objective B-3 of the Future Land Use Element. Also, the annexation complies with Florida Statute Section 171 as it pertains to annexations. The property is contiguous, reasonably compact and does not create an enclave: and, services will be provided to the property in a manner similar to other similar properties within the City. ZONING ANALYSES ___- REQUIRED FINDINGS {Chapter 3]: Pursuant to Section 3.1.1 {Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Fufure Land Use Map Amendmenf and Annexation Analysis" sections of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 iBasis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)j is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall COn515tenCy. P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF Section 3.2.2 {Standards for Rezoning Actions): Standard A, B, C, and E are not applicable with respect to this rezoning request. The applicable performance standard of Section 3.2.2 is as follows: D} That the rezoning shat! result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to property mitigate adverse impacts from the new use. Compatibility is not a concern as the property currently contains the Fair Oaks hospital which has existed at this location since 1983. The initial CF (Community Facilities) zoning designation will accommodate the existing hospital as a conditional use. There is no development proposal associated with this request. Compatibility of any future development proposals with the adjacent developments will be appropriately addressed with review of a site and development plan request andlor a conditional use request, if necessary. Section 2.4.5(D){5) {Rezoning Findings): Pursuant to Section 2.4.5(D)(5}, in addition to the provisions of Section 3.7.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. Tha# there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it its more appropriate for the property based upon circumstances particular to the site andlor neighborhood. The basis for which the rezoning should be granted relates to Item "b", and Item "c". The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The annexation requires that an appropriate City zoning designation be applied to the property. The CF zoning designation is of similar intensity as that allowed under the proposed City CF and existing County INST land use designations. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The property development is allowed under the proposed CF zoning districts. With review of the annexation request, a site visit was conducted and no apparent code violations exist. Any future development will be required to comply with the Land Developmen# Regulations. REVIEUV BY OTHERS The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On February 14, 2008, the Palm Beach County Planning Division was notified of the City's intent to annex this property. The City received a response from the County an March 17, 2008 in which the county acknowledged the request was consistency with Chapter 171 F.S. and they had na objection. 7 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF IPARC No#ice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, no objections have been received. Courtesy Notice: Courtesy notices were sent to the following homeowners associations and civic associations: • Neighborhood Advisory Council Public Notice: Formal public notice has been provided to the property owner and to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CQNCt.US10N Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, and Sections 3.1.1 and 3.2.2 of the Land Development Regulations, and the policies of the Comprehensive Plan. The change is to a designation allowing a similar intensity to that which exists, and allowed under the existing County land use designation. Accommodating the annexation of this property and affixing an initial City zoning designation of CF (Community Facilities) is consistent with the City's program for annexation of territory within its Planning and Service Area. The CF zoning designation is consistent with the existing use of the property. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. An increase in taxes and stormwater assessment fees will result. Positive findings can be made with respect to LDR Section 2.4.5(C}{4) and 2.4.5(D)(5), which relate to required findings for Annexations and Rezonings. The City will receive additional revenue from property taxes, and stormwater assessment fees, which will result in a net increase to the City. In addition, revenues will be received from utility taxes and franchise fees. ALTEF'tNATE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Fair Oaks Hospi#al, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(C}(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, complies with Florida Statutes Chapter 171. C. Move a recommendation of denial to the City Commission far the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Fair Oaks Hospital, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set #orth in Sections 2.4.5{C}{4), 2.4.5(D){5}, 3.1.1, and 3.2.2 of the Land Development Regulations, and does not comply with Florida Statutes Chapter 171. 8 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF L STAFF RECOMMNEDATIQN - ---- . _~ .____ _ ^ Move a recommendation of approval to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF {Community Facilities} and initial zoning designation of CF for Fair Oaks Hospital, by adopting the findings of fact and law con#ained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5{C}{4}, 2.4.5{D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, complies with Florida Statutes Chapter 171. Attachment: ^ Zoning Map 9 LowsoN U S a VERnES qq„_ SHER5Y000 N] ~~f' I z w i~ J Q Z Q U LAS HEROES DRIVE J Q ~,S GR~ ~ PAIM f- ~EROES Y w a s L I N T O N 13 D U L E V A R D CANAL, L-76 TEMPLE ORI ~ RLOSSd1 Q F- G J D 0 WCEIAN ® ® ® H~ UK£ pRp.E Ll 2 >- O O V ~^'G5 4 ~ 0~ U CASA EAL ~ r~ ~ftVVE Lry}Q GARf)EN 4R' a ~H£ DRIVE -- DICIrAC BASE MAP 5F~TEM -- MAP REF: S:\Planning &Zoning\OBMS\File-Cab\Z-LM 5001-1500\LM1064-FAIR OAKS H45PITAL ~' ' N ~ ~~ 'i h' ' SU6JE T PR P T FAIR OAKS HOSPITAL , ! ~= ~' ~ ~~ C O ER Y PLANNING AND ZONING 0 LOCATION MAP , f pEPARTMENT